Western Australian Current Acts

TOBACCO PRODUCTS CONTROL ACT 2006 - SECT 89

89 .         Investigator’s powers as to premises

        (1)         When an investigator exercises the power of entry under section 85, the investigator may do any or all of the following —

            (a)         search the premises and examine anything at the premises, opening it if necessary and, if given specific prior authorisation in writing by the CEO with respect to those premises, breaking it open;

            (b)         take possession of, and remove from the premises, documents, tobacco products or products mentioned in section 106, samples of such products, vending machines, advertisements or anything else relevant to the investigation, found in the course of exercising the investigator’s powers under this Act;

            (c)         take extracts from or make copies of, or download or print-out, any documents found in the course of carrying out the investigator’s functions under this Act;

            (d)         mark a document that is to be retained as a document that is being retained;

            (e)         photograph or film anything at the premises;

            (f)         measure or cause to be measured anything at the premises;

            (g)         if anything at the premises that is relevant to the investigation cannot be conveniently removed — secure it against interference;

            (h)         require any person who is at the premises —

                  (i)         to operate or allow the investigator to operate equipment or facilities at the premises for taking extracts or making copies of documents or for other investigation purposes;

                  (ii)         to provide anything necessary for the operation of equipment or facilities at the premises for investigation purposes;

                  (iii)         to give the investigator any translation into the English language, code, password or other information necessary to gain access to or to interpret and understand any document or information located or obtained by the investigator in the course of exercising the investigator’s powers under this Act;

                  (iv)         to give other assistance that the investigator reasonably requires to carry out the investigation.

        (2)         When an investigator exercises a power of entry pursuant to a warrant, the investigator may exercise only those powers set out in subsection (1) that the warrant specifically authorises the investigator to use.

        (3)         If a warrant authorises an investigator to exercise the power set out in section 89(1)(b) but limits that power to taking possession of a thing of a kind described in the warrant, the investigator may take possession of a thing of any other kind if the investigator believes, on reasonable grounds —

            (a)         that the thing is of a kind that could have been included in the warrant and will afford evidence of the commission of an offence under this Act; and

            (b)         that it is necessary to take possession of the thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence under this Act.