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PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 26
Seizure of tobacco products, non-tobacco smoking products or e-cigarettes in possession of minors
26 Seizure of tobacco products, non-tobacco smoking products or e-cigarettes
in possession of minors
(1) A police officer may seize a tobacco product, non-tobacco smoking product
or e-cigarette 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, non-tobacco smoking product or e-cigarette seized
under subsection (1) is forfeited to the Crown.
(3) A tobacco product,
non-tobacco smoking product or e-cigarette 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, non-tobacco smoking products or e-cigarettes under
subsection (1),
(b) without limiting paragraph (a), prescribing the
circumstances in which, and the procedure by which, tobacco products,
non-tobacco smoking products or e-cigarettes seized under this section are to
be returned.
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