Volatile substance misuse and the law
Police officers have the power to search for, seize and dispose of ‘potentially harmfully things’ if the person has, is, or is about to, inhale and ingest the substance.
The Police Powers and Responsibilities Act 2000 gives police the authority in declared locations in Queensland (inner-Brisbane (two locations), Logan, Mt Isa, Townsville and Thuringowa, and Cairns) to detain a person who is suspected of using, or who is using, these substances and take them to a place of safety. A place of safety can include a hospital (if the person requires medical attention), the person’s home, a relative or friend’s home, or a designated place of safety.
The Act requires the police to take a detained person to a place of safety at the earliest opportunity unless:
- a person at a place of safety refuses or is unable to provide care for the affected person
- the person’s behaviour may pose a risk or harm to other persons at the place of safety
- the police officer is unable to find a place of safety willing to provide care for the affected person.
Under the Summary Offences Act 2005, it is an offence for a retailer or salesperson to knowingly sell a ‘potentially harmful thing’ to someone who the seller reasonably believes will inhale or ingest it or who intends to sell it to another person for inhalation or ingestion. A ‘potentially harmful thing’ can be lawfully possessed and may be harmful if ingested or inhaled. This includes glue, paint, solvents and methylated spirits.
The maximum penalty is, for a first offence, 25 penalty units or three months imprisonment, or for a second or later offence, 50 penalty units or one year’s imprisonment.
Can a retailer be prosecuted for refusing to sell volatile substances?
Yes. If a retailer refuses to sell a volatile substance on unreasonable grounds (eg. the reason for refusal based solely on a person’s age) then the retailer may be in breach of discrimination legislation. Race must not be the reason (or part of the reason) for refusing to sell.