New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 44

44 Powers of inspectors to enter premises

(1) For the purposes of this Act, an inspector may, at any reasonable time, do any one or more of the following--

(a) alone, or with such other persons as the inspector considers necessary, enter and inspect any premises,

(a1) open and search a relevant place or receptacle if the inspector reasonably believes the relevant place or receptacle may be used to store a regulated product in accordance with section 9,

(b) examine and inspect any apparatus or equipment in any premises,

(c) take such photographs, films and audio, video and other recordings as the inspector considers necessary,

(d) for the purpose of analysis, take samples of any thing to determine whether the provisions of this Act and the regulations are being complied with in relation to the premises,

(e) take samples of any thing, other than for the purpose of analysis, that the inspector reasonably believes may be used as evidence that an offence has been, or is being, committed under this Act or the regulations,

(f) require records or documents to be produced for inspection,

(g) examine, inspect and copy any such records or documents and, for that purpose, take away and retain (for such time as may, for that purpose, be reasonably necessary) any such records or documents.

(1A) For this Act, an inspector may, at any reasonable time, direct a person, apparently in control of the premises, to open and give the inspector access to a relevant place or receptacle at the premises to allow the relevant place or receptacle to be inspected.

(2) An inspector who enters any premises in accordance with this section that he or she is not otherwise entitled to enter (unless under the authority of a search warrant) is not to remain on the premises if, on request by the occupier of the premises, the inspector does not produce his or her certificate of authority.

(3) This section does not authorise entry into any part of premises that is being used solely for residential purposes, except--

(a) with the consent of the occupier of the premises, or

(b) under the authority of a search warrant.

(4) In this section--

"regulated products" means the following--

(a) tobacco products,

(b) smoking accessories,

(c) e-cigarettes,

(d) e-cigarette accessories.

"relevant place or receptacle" means the following--

(a) a room or other area,

(b) a cupboard, drawer, container or other receptacle.