Western Australian Current Acts

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TOBACCO PRODUCTS CONTROL ACT 2006 - SECT 99

99 .         Seizing tobacco products etc. from young persons

        (1)         An investigator may seize any tobacco product or smoking implement from a young person.

        (2)         A police officer may seize any tobacco product or smoking implement from a young person and use reasonable force to do so.

        (3)         The power under subsection (1) or (2) to seize a tobacco product or smoking implement is not to be exercised in respect of a person unless —

            (a)         the person has been requested to produce a document mentioned in section 15(1) showing that the person has reached 18 years of age; and

            (b)         the document was not produced at the time of the request.

        (4)         A tobacco product or smoking implement that is seized under subsection (1) or (2) —

            (a)         is to be returned to the person from whom it was seized if, within 7 days of the seizure, the person produces to the investigator a document mentioned in section 15(1) showing that the person had reached 18 years of age at the time of the seizure; or

            (b)         if not returned under paragraph (a), is to be destroyed in an approved manner.



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