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s 42B

What is a compliance test?

In force
Part 6ATobacco compliance testing

42B What is a compliance test?

(1)

A compliance test—

(a)

involves a young person (a purchase assistant), under the supervision of an authorised officer, purchasing, or trying to purchase, smoking products from tobacco licence-holders; and

(b)

is carried out to obtain evidence that may lead to the prosecution of a person, or other action being taken against a person, for an offence against section 14 (Supply of smoking product to under 18 year olds) in relation to a smoking product; and

Example of other action disciplinary action under division 7.3 against a tobacco licence-holder

(c)

may involve the purchase assistant and the authorised officer engaging in conduct that would, apart from section 42F (Lawfulness of compliance testing), be an offence against a territory law.

(2)

In this section:

tobacco licence—see section 43.

tobacco licence-holder means someone who holds a tobacco licence.

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Section 42B — What is a compliance test? — Tobacco and Other Smoking Products Act 1927 (Australian Capital Territory) — Barrister AI