Section 35
Seizure of things, etc.
of Control of Smoking Products for Public Health Act 2024
Any tobacco product, smoking substance or substitute tobacco product or imitation of tobacco product, smoking substance or substitute tobacco product, conveyance, machinery, equipment, book, record, document, article or other thing that an authorized officer reasonably suspects has been used or will be used in the commission of any offence under this Act may be seized and detained by the authorized officer.
(2)
When no person is charged for any offence, the thing seized shall, unless it is claimed by the owner or the person from whom it was seized within a period of thirty days of the seizure, be disposed of at the discretion of the Director General or authorized officer but if within the period a claim is made by the owner or any person from whom the thing was seized, it shall be returned to him.
(3)
Where anything seized in exercise of the powers conferred under this Act is of a perishable nature or is subject to speedy and natural decay, the Director General may direct the thing to be sold or destroyed at any time, and the proceeds of the sale held by the authorised officer to abide by the result of any prosecution under this Act or claim under this section.