Australian Capital Territory Consolidated Acts

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TOBACCO ACT 1927 - SECT 37

Powers of authorised officers

    (1)     If an authorised officer enters premises under section 35, the officer may, for this Act—

        (a)     inspect anything on the premises; and

        (b)     take copies of any documents on the premises; and

        (c)     take photographs of anything on the premises; and

        (d)     open and inspect any package on the premises that the officer has reasonable grounds for believing to contain a thing connected with an offence; and

        (e)     seize anything on the premises connected with an offence; and

        (f)     require the occupier of the premises, or any person whom the officer has reasonable grounds for believing to be an employee or agent of the occupier (if present in his or her capacity as employee or agent), or otherwise to be concerned in the occupier's business at the premises, to do any or all of the following:

              (i)     make available anything on the premises;

              (ii)     provide information;

              (iii)     answer questions.

    (2)     A person commits an offence if the person fails to take reasonable steps to comply with a requirement made of the person under subsection (1) (f).

Maximum penalty: 50 penalty units.

    (3)     An offence against this section is a strict liability offence.



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