Northern Territory Consolidated Acts

TOBACCO CONTROL ACT - SECT 50

(1) An authorised officer may, at all reasonable times, enter premises where the authorised officer believes tobacco products are being packaged, sold, supplied, or displayed for the purpose of sale or supply.

(2) An authorised officer who enters premises under subsection (1) may do any of the following:

(a) inspect the premises and any vending machines found in or on the premises;

(b) examine any tobacco products, and any packages that are used or are intended to be used for packaging tobacco products, found in or on the premises;

(c) take measurements of the premises or any thing found in or on the premises;

(d) take photographs, films or audio, video or other recordings of the premises;

(e) if the authorised officer believes on reasonable grounds that an offence against this Act or the Regulations has been or is being committed - seize goods or other things or samples of goods or other things for use as evidence in a prosecution for the offence;

(f) take copies of or extracts from documents found in or on the premises;

(g) require a person in or on the premises to -

(i) answer questions or provide information;

(ii) make available documents kept on the premises; or

(iii) provide reasonable assistance to the authorised officer in relation to the exercise of his or her powers under this section.

(3) After seizing goods, things or samples under subsection (2)(e), an authorised officer must give a receipt for the goods, things or samples to -

(a) the occupier or a person apparently in charge of the premises; or

(b) the person who the authorised officer reasonably believes was in possession of the goods, things or samples.

(4) The following provisions apply in relation to goods, things or samples seized under subsection (2)(e):

(a) if a prosecution for an offence against this Act or the Regulations is instituted within 12 months after the seizure and the defendant is found guilty, the court may order that -

(i) the goods, things or samples be forfeited to the Territory; or

(ii) the defendant pay to the Territory an amount equal to the market value of the goods, things or samples when seized, being the value determined by the court;

(b) if -

(i) a prosecution for an offence against this Act or the Regulations is not instituted within 12 months after the seizure; or

(ii) on such a prosecution being instituted within that period, the defendant is not found guilty or the court does not make an order under paragraph (a),

the authorised officer must release the goods, things or samples to the owner or the person who had possession, custody or control over the goods, things or samples immediately before they were seized.