Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part IX · Enforcement
26. Power to enter premises
Feedback & supportWhere the authorized officer reasonably believes that any premises are used or may be used for the purpose of manufacturing, packaging, storage, delivery, distribution or sale of tobacco product, smoking substance or substitute tobacco product or imitation of any tobacco product, smoking substance or substitute tobacco product, the authorized officer shall have the power to enter any premises at any reasonable time for the purpose of—
inspecting any tobacco product, smoking substance or substitute tobacco product or imitation of any tobacco product, smoking substance or substitute tobacco product;
tobacco product
“tobacco product” means processed tobacco or any product that contains tobacco which is designed for human consumption;
inspecting any goods or equipment that the authorized officer reasonably believes is used or can be used for manufacturing, packaging, storage, delivery, distribution or sale of tobacco product, smoking substance or substitute tobacco product or imitation of any tobacco product, smoking substance or substitute tobacco product;
sale
“sell” or “sale” includes— (a) barter or exchanging of goods; (b) offering or attempting to sell; (c) causing or allowing to be sold; (d) exposing for sale; (e) receiving, sending, conveying, distributing, transmitting or delivering for sale or exchange or by sale or exchange or in pursuance of such sale or exchange; Control of Smoking Products For Public Health 9 (f) supplying any tobacco product, smoking substance or substitute tobacco product where a reward is to be received by the supplier for such supply either specifically or as part of a service contracted for sale; (g) having in possession any tobacco product, smoking substance or substitute tobacco product for sale or exchange; or (h) having in possession any tobacco product, smoking substance or substitute tobacco product knowing that the tobacco product, smoking substance or substitute tobacco product may be sold, offered, displayed or exposed for sale, or disposed of, for any consideration, and this includes electronic sale;
collecting any sample of tobacco product, smoking substance or substitute tobacco product; or
smoking substance
“smoking substance” means any substance or any combination of substances, used for smoking, including nicotine, propylene glycol, glycerol and triethylene glycol;
examining and seizing any document found in any premises where the authorized officer believes that document contains any information in relation to any tobacco product, smoking substance or substitute tobacco product or imitation of any tobacco product, smoking substance or substitute tobacco product.
premises
“premises” includes— (a) any building or tent or any other structure, permanent or otherwise together with the land on which the building, tent or other structure is situated and any adjoining land used in connection therewith; or (b) any vehicle, conveyance, vessel or aircraft used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any tobacco product, smoking substance or substitute tobacco product;