Australian Capital Territory Consolidated Acts

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TOBACCO ACT 1927 - SECT 42E

Carrying out of compliance testing

    (1)     An authorised officer may carry out a compliance test in accordance with an approved program and the approved procedures.

    (2)     An authorised officer may use a young person as a purchase assistant in a compliance test only if the young person, and at least 1 person who has parental responsibility under the Children and Young People Act 2008 , division 1.3.2 for the young person, have given informed consent to the young person being a purchase assistant.

Note     If 2 or more people share parental responsibility for a child or young person, any of them may discharge the responsibility (see Children and Young People Act 2008 , s 18 (2)).

    (3)     Each consent under subsection (2) must be in writing.

    (4)     In this section:

"informed consent", by a person, means consent given by the person after the following matters have been explained to the person:

        (a)     a purchase assistant's role in a compliance test, including the assistant's role in any prosecution of a person for an offence against section 14 (Supply of smoking product to under 18 year olds);

        (b)     the effect of section 42F and section 42G (Indemnification of authorised officers and purchase assistants);

        (c)     anything else required by the approved procedures.



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