Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part IX · Enforcement
34. Access to recorded information, computerized data, etc.
Feedback & supportAny authorized officer exercising his powers under this
Act, except for investigation of an offence under section 17, shall be given access to any recorded information or computerized data relating to the manufacturing, packaging, storage, delivery, distribution or sale of any tobacco product, smoking substance or substitute tobacco product, or imitation of any tobacco product, smoking substance or substitute tobacco product, whether stored in a computer or otherwise.
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;
In exercising his powers, the authorized officer—
may inspect and check the operation of any computer and any associated apparatus or material which the authorized officer has reasonable cause to suspect is or has been used in connection with that information or data;
may require—
the person, whom the authorized officer has reasonable cause to suspect that the person is using or has used the computer in connection with that information or data;
the person, whom the authorized officer has reasonable cause to suspect that the computer is used or has been used, on behalf of the person, in connection with that information or data; or
the person having charge of, or is otherwise concerned with, the operation of the computer, apparatus or material, to provide him with such reasonable assistance as he may require for the purpose of this section.
The authorized officer may make copies of or take extracts from the recorded information or computerized data, if he deems it necessary.
For the purposes of this section, “access” includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the recorded information or computerized data.