New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 40
Seizure of tobacco products for contravention of retailing prohibition
40 Seizure of tobacco products for contravention of retailing prohibition
(1) An inspector may seize any tobacco product that the inspector believes on
reasonable grounds is in a person’s possession, custody or control in the
course of committing, or for the purposes of committing, an offence under
Division 2.
(2) Any tobacco product seized under this section may, at the
option of the inspector who made the seizure or of any inspector acting in his
or her place, be detained in the place, vehicle or vessel where it was found
or be removed to another place and detained there.
(3) If the tobacco product
is to be detained in the place, vehicle or vessel where it was found, the
inspector may- (a) place it in a room, compartment or cabinet in that place,
vehicle, or vessel and
(b) mark, fasten and seal the door or opening
providing access to that room, compartment or cabinet.
(4) A person must not
retake or attempt to retake any tobacco product seized under this section or
resist or attempt to prevent such a seizure. : Maximum penalty- (a) in the
case of an individual, 500 penalty units for a first offence or 1,000 penalty
units for a second or subsequent offence, or
(b) in the case of a
corporation, 1,000 penalty units for a first offence or 2,000 penalty units
for a second or subsequent offence.
(5) The seizure of tobacco products under
this section for which there was reasonable cause does not subject the State,
the Minister, the Secretary, an inspector or any other person to any action,
liability, claim or demand.
(6) A person who is not an inspector may exercise
the functions of an inspector under this section if the person- (a) is
appointed as an inspector under the Poisons and Therapeutic Goods Act 1966 ,
and
(b) is on the premises in accordance with that Act.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback