Australian Capital Territory Consolidated Acts

TOBACCO ACT 1927 - SECT 42B

    (1)     A "compliance test"—

        (a)     involves a young person (a purchase assistant ), under the supervision of an authorised officer, purchasing, or trying to purchase, tobacco products from tobacco licence-holders; and

        (b)     is carried out to obtain evidence that may lead to the prosecution of a person, or other action being taken against a person, for an offence against section 14 (Supply of smoking product to under 18 year olds) in relation to a tobacco product; and

Example of other action

disciplinary action under division 7.3 against a tobacco licence-holder

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

        (c)     may involve the purchase assistant and the authorised officer engaging in conduct that would, apart from section 42F (Lawfulness of compliance testing), be an offence against a territory law.

    (2)     In this section:

"tobacco licence"—see section 43.

"tobacco licence-holder" means someone who holds a tobacco licence.