New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 49

49 Removal of certain advertisements

(1) If a tobacco advertisement is displayed in contravention of this Act or the regulations, the Local Court may order--

(a) that the advertisement be removed or obscured by an inspector, and

(b) if any person has been convicted of an offence against this Act or the regulations in relation to the placement or display of the advertisement, that the person pay the reasonable costs incurred by the inspector in removing or obscuring the advertisement.

(2) An inspector may enter any premises in order to remove or obscure an advertisement in execution of an order under this section.

(3) Any tobacco advertisement in the form of an article that is removed in accordance with an order under this section is taken to be the property of the person specified in the order.

(4) Any costs payable under an order under this section may be recovered in a court of competent jurisdiction as a debt due to the Crown or a council, as the case requires.