QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.43Unlawful supply of smoking products to minors
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### sec.43 Unlawful supply of smoking products to minors
This section applies if a police officer—
either—
observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or
reasonably suspects a person has just been supplied a smoking product; and
reasonably suspects the person is under 18 years.
A police officer may—
ask the person to show acceptable evidence of age of the person; and
require the person to produce the thing supplied to the person.
The police officer may seize the smoking product if—
the person either—
refuses, or is unable, to comply with the request; or
shows acceptable evidence of age of the person showing the person is under 18 years; and
the police officer reasonably suspects the smoking product is evidence of an offence against the Tobacco and Other Smoking Products Act 1998 .
In this section—
acceptable evidence of age has the meaning given to it by the Tobacco and Other Smoking Products Act 1998 , section 10 .
smoking product has the meaning given to it by the Tobacco and Other Smoking Products Act 1998 , schedule 1 .
s 43 amd 2001 No. 20 s 54 ; 2007 No. 1 s 14 ; 2016 No. 62 s 493 s ch 1 pt 1 ; 1998 No. 1 s 240 (3) (amd 2023 No. 16 s 64 )
(sec.43-ssec.1) This section applies if a police officer— either— observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or reasonably suspects a person has just been supplied a smoking product; and reasonably suspects the person is under 18 years.
(sec.43-ssec.2) A police officer may— ask the person to show acceptable evidence of age of the person; and require the person to produce the thing supplied to the person.
(sec.43-ssec.3) The police officer may seize the smoking product if— the person either— refuses, or is unable, to comply with the request; or shows acceptable evidence of age of the person showing the person is under 18 years; and the police officer reasonably suspects the smoking product is evidence of an offence against the Tobacco and Other Smoking Products Act 1998 .
(sec.43-ssec.4) In this section— acceptable evidence of age has the meaning given to it by the Tobacco and Other Smoking Products Act 1998 , section 10 . smoking product has the meaning given to it by the Tobacco and Other Smoking Products Act 1998 , schedule 1 .
- (a) either— (i) observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or (ii) reasonably suspects a person has just been supplied a smoking product; and
- (i) observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or
- (ii) reasonably suspects a person has just been supplied a smoking product; and
- (b) reasonably suspects the person is under 18 years.
- (i) observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or
- (ii) reasonably suspects a person has just been supplied a smoking product; and
- (a) ask the person to show acceptable evidence of age of the person; and
- (b) require the person to produce the thing supplied to the person.
- (a) the person either— (i) refuses, or is unable, to comply with the request; or (ii) shows acceptable evidence of age of the person showing the person is under 18 years; and
- (i) refuses, or is unable, to comply with the request; or
- (ii) shows acceptable evidence of age of the person showing the person is under 18 years; and
- (b) the police officer reasonably suspects the smoking product is evidence of an offence against the Tobacco and Other Smoking Products Act 1998 .
- (i) refuses, or is unable, to comply with the request; or
- (ii) shows acceptable evidence of age of the person showing the person is under 18 years; and