New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 26

26 Seizure of tobacco products or non-tobacco smoking products in possession of minors

(1) A police officer may seize a tobacco product or non-tobacco smoking product in the possession of a person in a public place if the officer suspects on reasonable grounds that the person is under the age of 18 years.

(2) Any tobacco product or non-tobacco smoking product seized under subsection (1) is forfeited to the Crown.

(3) A tobacco product or non-tobacco smoking product may be seized under subsection (1) from a person's possession even though the person is under the age of criminal responsibility.

(4) The regulations may make provision for or with respect to the following--

(a) the procedure to be followed for the seizure of tobacco products or non-tobacco smoking products under subsection (1),

(b) without limiting paragraph (a), prescribing the circumstances in which, and the procedure by which, tobacco products or non-tobacco smoking products seized under this section are to be returned.