Tobacco Act 1987

For the purposes of monitoring compliance with section 5RB(1)(a) or if an inspector believes on reasonable grounds that a person has contravened that section, an inspector may enter and inspect, without a warrant, education and care service premises while they are being used to provide an education and care service if—

the occupier consents to the entry; and

the inspector is accompanied by the occupier or a person acting on behalf of the occupier.

For the purposes of monitoring compliance with section 5RB(1)(b) or if an inspector believes on reasonable grounds that a person has contravened that section, an inspector may enter and inspect, without a warrant, children's service premises while they are being used to provide a children's service if—

the occupier consents to the entry; and

the inspector is accompanied by the occupier or a person acting on behalf of the occupier.

For the purposes of monitoring compliance with section 5RD(1) of the Act or if an inspector believes on reasonable grounds that a person has contravened that section, an inspector may enter and inspect, without a warrant, school premises at any time if—

the occupier consents to the entry; and

the inspector is accompanied by the occupier or a person acting on behalf of the occupier.

An inspector must not enter and inspect any premises to which this section applies with the consent of the occupier unless, before the occupier consents to that entry, the inspector—

has produced the inspector's identity card for inspection; and

has informed the occupier—

of the purpose of the inspection; and

that the occupier may refuse to give consent to the entry and inspection.

If an occupier consents to an entry and inspection, the inspector who requested consent must before entering the premises ask the occupier to sign an acknowledgement in the prescribed form stating—

that the occupier has been informed of the purpose of the inspection; and

that the occupier has been informed that the occupier may refuse to give consent to the entry and inspection; and

that the occupier has consented to such an entry and inspection; and

the date and time that the occupier consented.

An occupier who signs an acknowledgment must be given a copy of the signed acknowledgement before the inspector leaves the premises.

If in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and inspection.