36EEntry of premises open to the public

36E Entry of premises open to the public

S. 36E(1) substituted by No. 65/2014 s. 13(1).

(1) An inspector may enter and inspect any part of premises that, at the time of the entry and inspection, are open to the public.

S. 36E(1A) inserted by No. 65/2014 s. 13(1).

(1A) Without limiting an inspector's powers under subsection (1), an inspector may—

(a) take photographs; and

S. 36E(1A)(b) amended by Nos 55/2016 s. 9(22)(a), 51/2024 s. 68.

(b) direct the occupier to remove any tobacco advertisement placed or displayed in the premises in contravention of this Act.

S. 36E(2) inserted by No. 28/2001 s. 14, amended by Nos 65/2014 s. 13(2), 55/2016 s. 9(22)(a), 51/2024 s. 68.

(2) After entering premises under subsection (1) that is a retail outlet or wholesale outlet, an inspector may inspect and measure any tobacco advertisement that is visible from the customer's side of the customer service area, whether or not the advertisement is in a part of the premises open to the public.

S. 36EA inserted by No. 65/2014 s. 14.

36EA Power to enter, inspect, monitor compliance and investigate

(1) 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—

(2) 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—

(3) 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—

(4) 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—

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

(b) has informed the occupier—

(i) of the purpose of the inspection; and

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

(5) 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—