Tobacco and Other Smoking Products Act 1927

An authorised officer who enters premises under this part may do 1 or more of the following in relation to the premises or anything at the premises:

examine anything;

take a measurement or conduct a test;

take a sample;

take images, make audio or video recordings or any other kind of record;

if reasonably required for an authorised officer to exercise a power under this part, direct the occupier or anyone at the premises to do 1 or more of the following:

give information, a document or other thing (including information, a document or thing that is not at the premises);

produce a document or other thing (including a document or other thing that is not at the premises);

answer a question;

give the authorised officer reasonable help to exercise a power under this part.

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

A person must take all reasonable steps to comply with a direction given under subsection (1) (e).

Maximum penalty: 50 penalty units.

Subsection (2) does not apply in relation to a direction given to a person under subsection (1) (e) unless the authorised officer complies with section 35 (Requirements before certain powers can be exercised).

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

Division 6.3 Warrants