74.—(1) It shall be an offence for a person to sell, offer or make available a substance to a person under the age of eighteen years or to a person acting on behalf of that person if he knows or has reasonable cause to believe that the substance is, or its fumes are, likely to be inhaled by the person under the age of eighteen years for the purpose of causing intoxication.

(2) In proceedings against any person for an offence under subsection (1), it shall be a defence for him to prove that at the time he sold, offered or made available the substance he was under the age of eighteen years and was acting otherwise than in the course of or furtherance of a business.

(3) In proceedings against any person for an offence under subsection (1) it shall be a defence for him to prove that he took reasonable steps to assure himself that the person to whom the substance was sold, offered or made available, or any person on whose behalf that person was acting, was not under the age of eighteen years.

(4) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) Subject to subsection (6), a court by which a person is convicted of an offence under this section may order anything shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court thinks fit.

(6) A court shall not order anything to be forfeited under this section unless an opportunity is given to any person appearing to the court to be the owner of or otherwise interested in it to show cause why the order should not be made.

(7) A member of the Garda Síochána may seize any substance which is in the possession of a child in any public place and which the member has reasonable cause to believe is being inhaled by that child in a manner likely to cause him to be intoxicated. Any substance so seized may be destroyed or otherwise disposed of in such a manner as a member of the Garda Síochána not below the rank of Superintendent may direct.

(8) This section is without prejudice to the provisions of the Misuse of Drugs Acts, 1977 and 1984.