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Sale or supply of volatile solvents

It is an offence to sell or supply a volatile solvent to another person where a person suspects or has reasonable grounds to suspect that the other person intends to inhale the solvent, or sell or supply the solvent to a further person for inhalation by that further person. The maximum penalty is a fine of $10 000 or imprisonment for two years [see Controlled Substances Act 1984 (SA) s 19(1)].

Furthermore, it is an offence to purchase a volatile solvent on behalf of another person for that other person to inhale the solvent. The penalty is a fine of $10 000 or imprisonment for two years [see s 19(2)].

It is an offence to sell petrol, diesel fuel, propane, propylene, butane or butylene to a person under 16 years of age. The maximum penalty is a fine of $10 000 [see Controlled Substances Act 1984 (SA) s 19(3); Controlled Substances (Poisons) Regulations 2011 (SA) r 23(1)].

Since 1 April 2020 it is also an offence to sell nitrous oxide to a person under 18 years. The maximum penalty is a fine of $10 000 [see Controlled Substances Act 1984 (SA) s 19(3); Controlled Substances (Poisons) Regulations 2011 (SA) r 23(1a)]. However, it is not an offence to supply nitrous oxide to a person under 18 years, if it is supplied by the employer in their ordinary course of employment, and the business lawfully sells nitrous oxide [see regulation 23(1b)].

Regulation 23A of the Controlled Substances (Poisons) Regulations 2011 (SA) regulates the retail sale of nitrous oxide in South Australia. Nitrous Oxide must not be sold between the hours of 10:00pm and 5:00am, on any day. There are prescribed requirements for retailers in relation to its storage, and displaying a legible notice to customers warning that evidence of a customer's age may need to be produced in order to purchase . Maximum penalties include a fine of $5 000.

Sale or supply of volatile solvents  :  Last Revised: Wed Jul 1st 2020