Bongs and pipes in NSW

[67Special]

I'm not sure why, but I was under the impression that the sale of bongs etc. was still legal in most states other than Qld and SA.

 

However, while searching for some legal info for a friend, I stumbled upon this..

NSW DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 11A

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 11A

Sale, supply and display of waterpipes and ice pipes

11A Sale, supply and display of waterpipes and ice pipes

 

(1) In this section:

"ice pipe" means:

 

(a) a device capable of being used for the administration of a prohibited drug by means of the smoking or inhaling of the smoke or fumes resulting from the heating or burning of the drug in a crystal or powder form, or

 

(b ) a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition,

 

and includes a device known as an ice pipe or a crack pipe, but does not include a device of a class or description prescribed by the regulations as not being an ice pipe for the purposes of this section.

"shop" includes:

 

(a) so much of a building or place as is used for the sale, or supply in the course of commercial transactions, of goods, and

 

(b ) a stall or other structure used for such sale or supply of goods at a market or elsewhere,

 

but does not include anything prescribed by the regulations as not being a shop for the purposes of this section.

"waterpipe" means:

 

(a) a device capable of being used for the administration of a prohibited drug, by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug) through water or another liquid, or

 

(b ) a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition,

 

and includes a device known as a bong, but does not include a device of a class or description prescribed by the regulations as not being a waterpipe for the purposes of this section.

 

(2) A person who:

 

(a) sells a waterpipe or an ice pipe, or

 

(b ) supplies a waterpipe or an ice pipe in the course of or in connection with a commercial transaction,

 

is guilty of an offence.

 

(3) A person who displays a waterpipe or an ice pipe:

 

(a) in a shop, or

 

(b ) near but in connection with a shop,

 

is guilty of an offence, unless the person satisfies the court that the display was not for a commercial purpose.

 

(4) For the purposes of this section, it is immaterial that the waterpipe or ice pipe was used or intended to be used for a purpose other than the administration of a prohibited drug.

 

I couldn't find any more detail about...

but does not include a device of a class or description prescribed by the regulations as not being a waterpipe for the purposes of this section.

..so I'm assuming all bongs would be regarded as waterpipes.

Considering they're on full display in a few shops in Nimbin, I'm assuming the pigs just choose to turn a blind eye

 

..or have I got the bull by the tit.. again

[WantDaChronic]

my local hydro shop has a shelf full of bongs that are covered by an australian flag. i onced asked why they were covered and the guy said seeing so many bongs can upset a customer here and there