50OSeizure

50O Seizure

50O Seizure

(1) An inspector may seize the following products if the inspector reasonably believes the products are in a person’s possession, custody or control in the course of committing, or for the purposes of committing, an offence under this Act—

(a) tobacco products,

(b) non-tobacco smoking products,

(c) illicit vaping goods.

(2) A product seized under this section may, at the option of the inspector who made the seizure or of another inspector—

(a) be detained in the premises where the product was found, or

(b) be moved to other premises and detained at those premises.

(3) If the product is to be detained in the premises where the product was found, the inspector may secure the product in the premises and take reasonable steps to prevent access to the product.

(4) A person must not, for a product seized under this section—

(a) resist or attempt to prevent the seizure, or

(b) retake or attempt to retake the product, or

(c) move or interfere with the product.

Maximum penalty—

(a) for an individual—

(i) for a first offence—1,250 penalty units, or

(ii) for a second or subsequent offence—2,500 penalty units, or

(b) otherwise—

(i) for a first offence—6,250 penalty units, or

(ii) for a second or subsequent offence—12,500 penalty units.

(5) An inspector under the Poisons and Therapeutic Goods Act 1966 may exercise a function under this section if the inspector is on the premises in accordance with that Act.

(6) In this section—

premises includes a vehicle.

s 50O: Ins 2025 No 51, Sch 1[20].