26Seizure of tobacco products or non-tobacco smoking products in possession of minors

26 Seizure of tobacco products or non-tobacco smoking products in possession of minors

26 Seizure of tobacco products or non-tobacco smoking products in possession of minors

(1) A police officer may seize a tobacco product or non-tobacco smoking product in the possession of a person in a public place if the officer suspects on reasonable grounds that the person is under the age of 18 years.

(2) Any tobacco product or non-tobacco smoking product seized under subsection (1) is forfeited to the Crown.

(3) A tobacco product or non-tobacco smoking product may be seized under subsection (1) from a person’s possession even though the person is under the age of criminal responsibility.

(4) The regulations may make provision for or with respect to the following—

(a) the procedure to be followed for the seizure of tobacco products or non-tobacco smoking products under subsection (1),

(b) without limiting paragraph (a), prescribing the circumstances in which, and the procedure by which, tobacco products or non-tobacco smoking products seized under this section are to be returned.

s 26: Am 2015 No 16, Sch 1 [22]; 2024 No 94, Sch 4[23]–[25].