Tobacco and Other Smoking Products Act 1927

An authorised officer may carry out a compliance test in accordance with an approved program and the approved procedures.

An authorised officer may use a young person as a purchase assistant in a compliance test only if the young person, and at least 1 person who has parental responsibility under the Children and Young People Act 2008, division 1.3.2 for the young person, have given informed consent to the young person being a purchase assistant.

Note If 2 or more people share parental responsibility for a child or young person, any of them may discharge the responsibility (see Children and Young People Act 2008, s 18 (2)).

Each consent under subsection (2) must be in writing.

In this section:

informed consent, by a person, means consent given by the person after the following matters have been explained to the person:

a purchase assistant’s role in a compliance test, including the assistant’s role in any prosecution of a person for an offence against section 14 (Supply of smoking product to under 18 year olds);

the effect of section 42F and section 42G (Indemnification of authorised officers and purchase assistants);

anything else required by the approved procedures.