Tobacco and Other Smoking Products Act 1927

The Minister may approve procedures for carrying out approved programs of compliance testing.

The Minister must not approve procedures under subsection (1) unless satisfied that the procedures—

provide that, in carrying out a compliance test, a purchase assistant’s welfare is paramount; and

appropriately protect a purchase assistant’s health and safety; and

allow a purchase assistant to stop taking part in a compliance test at any time during the test; and

ensure that, as far as practicable, a purchase assistant’s identity is protected during a compliance test; and

require a purchase assistant to be, as far as practicable, indistinguishable from other purchasers and to look like a young person; and

require a purchase assistant not to lie to anyone about how old the assistant is during a compliance test; and

only allow a compliance test to take place during normal business hours or at any other time when the premises where the test takes place is being used in relation to the seller’s normal business; and

comply with anything else prescribed by regulation.

An approval under subsection (1) is a disallowable instrument.