35KPowers of licensing inspectors

35K Powers of licensing inspectors

(1) A licensing inspector may exercise a power under this section only—

(a) for the purpose of monitoring compliance with a relevant provision; or

(b) if the licensing inspector believes on reasonable grounds that a licensing offence is being or has been committed.

(2) A licensing inspector may do any one or more of the following—

(a) require any person in possession of, or having control of, any document, equipment, tobacco product, vaping goods or other thing relating to an activity regulated by a relevant provision to produce the document, equipment, product, goods or other thing for inspection and to answer questions or provide information relating to the document, equipment, product, goods or other thing;

(b) inspect any document, equipment, product, goods or other thing referred to in paragraph (a);

(c) take copies of, extracts from, or notes relating to, any document inspected under paragraph (b);

(d) if the licensing inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of a licensing offence, seize any document, equipment, tobacco product, vaping goods or other thing;

(e) by written notice require—

(i) a licensee, a person who is required to hold a licence or any other person who is undertaking or involved in an activity regulated by a relevant provision; or

(ii) an employee of a person referred to in subparagraph (i); or

(iii) any other person associated with operations or their management on premises the licensing inspector is authorised to enter—

to attend before the licensing inspector at a specified time or place and answer questions, or to provide information within a reasonable period specified in the notice, with respect to any activity regulated by a relevant provision.

(3) A licensing inspector may be assisted by any person in exercising a power under this section.

(4) A licensing inspector who seizes anything under this section must give a receipt for the thing to the person from whom it was seized as soon as practicable after the seizure unless, in the case of a document, a copy is given to the person under section 35Q(2).

relevant provision means a provision of—

(c) this Part; or

(d) any regulations made for the purposes of a provision referred to in paragraph (a), (b) or (c).

S. 35L inserted by No. 51/2024 s. 37.