New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 21A

21A Powers of inspector to seize and dispose of smokeless tobacco products

(1) An inspector may seize a tobacco product that the inspector reasonably believes is for sale in contravention of section 21(1) if--

(a) it is on premises where tobacco products are being sold, and

(b) the quantity of tobacco product exceeds the amount prescribed by the regulations for the purposes of section 21(1A).

(2) A tobacco product seized under this section may, at the option of the inspector who made the seizure or of an inspector acting in place of that inspector, 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 a tobacco product seized under this section or resist or attempt to prevent a seizure.

: Maximum penalty--

(a) for an individual, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence, or

(b) for 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 does not subject the State, the Minister, the Secretary, an inspector or another person to any action, liability, claim or demand.

(6) Tobacco products seized under this section must be returned to the person from whom they were seized, or to another person who appears to the inspector to be entitled to them, if--

(a) the person from whom they were seized makes an application to the Secretary within 28 days after seizure to have the tobacco products returned, and

(b) the Secretary is satisfied that the tobacco products were, at the time they were seized, for personal use and not in the person's possession, custody or control for the purposes of sale.

(7) An inspector is required to dispose of tobacco products seized under this section in a manner that the inspector considers appropriate if--

(a) the person from whom they were seized makes an application to the Secretary within 28 days after seizure to have the tobacco products returned and the Secretary is satisfied that the tobacco products were, at the time they were seized, not for personal use but in the person's possession, custody or control for the purposes of sale, or

(b) the person from whom the tobacco products were seized does not make an application under subsection (6).

(8) 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.