Tobacco and Other Smoking Products Act 1927

For this Act, an authorised officer may—

at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or

at any time, enter premises with the occupier’s consent; or

at any reasonable time, enter premises if the authorised officer believes on reasonable grounds that—

an offence against this Act is being, or is likely to be, or has just been, committed on the premises; and

the risk to a person, the environment or public health resulting from the offence is so serious and urgent that immediate entry to the premises without the authority of a warrant is necessary; or

enter premises with a warrant.

However, subsection (1) (a) and (c) do not authorise entry into a part of the premises that is being used only for residential purposes.

For the purpose of seeking consent to enter a building or other structure on the premises, an authorised officer may, without the occupier’s consent, enter any land that forms part of the premises.

To remove any doubt, an authorised officer may enter premises under subsection (1) without payment of an entry fee or other charge.

An authorised officer may enter the premises with 1 or more people who, in the opinion of the authorised officer, have knowledge or skills that could assist the authorised officer to carry out their functions.

An authorised officer may enter premises with necessary force, in accordance with a warrant.