New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 40

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.