Part 5Investigations

Part 5—Investigations 63—Appointment of authorised officers (1) The Minister may appoint persons to be authorised officers for the purposes of this Act. (2) An appointment may be made subject to conditions specified in the instrument of appointment. (3) The Minister, may at any time, revoke an appointment or vary, revoke or add a condition of an appointment. (4) All police officers are authorised officers for the purposes of this Act. 64—Identification of authorised officers (1) The Minister must provide each authorised officer (other than a police officer) with a certificate of identity. (2) An authorised officer (other than a police officer) must, at the request of a person in relation to whom the authorised officer has exercised, or intends to exercise, powers under the Act, produce their certificate of identity for the inspection of the person. 65—Power to require information or records or attendance for examination (1) The Minister may, for a purpose related to the administration or enforcement of this Act, by written notice served on a person, require the person— (a) to provide to the Minister (either orally or in writing) information that is described in the notice; or (b) to attend and give evidence before the Minister or an authorised officer; or (c) to produce to the Minister a record in the person's custody or control that is described in the notice. (2) The Minister may require that evidence be given under this section on oath. (3) If a person, without reasonable excuse, refuses or fails— (a) to comply with the requirements of a notice under this section within the period specified in the notice or any further period allowed by the Minister; or (b) to comply with any other requirement of the Minister as to the giving of evidence or the manner in which information or evidence is to be provided or given under this section, the person is guilty of an offence. 66—Powers of authorised officers (1) Subject to this Part, an authorised officer may— (a) enter and remain on premises and inspect the premises and any part of or thing in or on the premises as reasonably required in connection with the administration or enforcement of this Act; (b) with the authority of a warrant issued under this Part or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on premises; (c) require a person to produce any record as reasonably required in connection with the administration or enforcement of this Act; (d) examine, copy or take extracts from a record or require a person to provide a copy of a record, as reasonably required in connection with the administration or enforcement of this Act; (e) examine and test ventilation and air conditioning equipment in an enclosed area that is subject to smoking restrictions under this Act; (f) take photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act; (g) if the authorised officer suspects on reasonable grounds that an offence has been committed—seize and retain any record or thing that the officer believes— (i) affords evidence of the offence; or (ii) has been used in connection with the commission of the offence; (i) require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; (j) require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters; (k) require a person holding or claiming to hold a licence to produce it for inspection; (l) give directions reasonably required in connection with the exercise of a power conferred by this subsection or otherwise in connection with the administration and enforcement of this Act. (2) A magistrate may issue a warrant for the purposes of subsection (1) if satisfied that the warrant is reasonably required for the administration or enforcement of this Act. (3) In the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances. 66AA—Further powers of police officers (1) A police officer may carry out general drug detection under the Controlled Substances Act 1984 in relation to premises that the police officer reasonably suspects are being used for the purposes of, or in connection with, the unlawful sale of tobacco products or e‑cigarette products (and, for the purposes of the Controlled Substances Act 1984, such premises will be taken to be an area to which section 52A of that Act applies). (2) A police officer may carry out a random weapon and explosive search in relation to premises that the police officer reasonably suspects are being used for the purposes of, or in connection with, the unlawful sale of tobacco products or e‑cigarette products. (3) A police officer may, in carrying out a search under this section, do 1 or more of the following: (a) enter and remain in the premises; (b) inspect or search the premises, any person on the premises and any equipment or other thing on the premises; (c) examine any substance, equipment or device; (d) take and remove from the premises samples of any substance or goods; (e) carry out tests; (f) take photographs or films or make audio, visual or audiovisual records; (g) if the officer suspects on reasonable grounds that an offence against this Act has been committed—seize and remove from the premises anything that the officer has reasonable cause to suspect affords evidence of the offence; (h) give such directions as are reasonably necessary for, or incidental to, the effective exercise of the officer's powers under this section. (4) Nothing in this section authorises a police officer to conduct or require an intimate search, an intrusive search or an intimate intrusive search of a person. (5) A police officer may, in exercising powers under this section, use a detection dog, a metal detector or an electronic detection system. (6) Nothing in this section limits any powers a police officer may have under the Firearms Act 2015, the Explosives Act 1936, the Summary Offences Act 1953 or any other Act or law. (7) In this section— detection dog means a dog that has completed training of a kind approved by the Commissioner of Police for the purpose of detecting the presence of firearms or explosive; electronic detection system means— (a) an electronic device of a kind approved by the Commissioner of Police; or (b) a system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device, for the purpose of detecting the presence of firearms or explosive; general drug detection has the same meaning as in the Controlled Substances Act 1984; intimate intrusive search means an intrusive search of the rectum or vagina; intimate search means a search of the body that involves exposure of, or contact with the skin of, the genital or anal area, the buttocks or, in the case of a female, the breasts, and includes an intimate intrusive search; intrusive search means an internal search involving the introduction of anything into a bodily orifice. 66A—Compliance direction (1) An authorised officer may, by notice in writing, give a direction (a compliance direction) to a person for the purpose of securing compliance with a requirement under this Act or a licence (including a condition of a licence). (2) A compliance direction— (a) must— (i) specify the person to whom it is issued; and (ii) specify the grounds on which it is given; and (iii) allow a reasonable time for compliance with the direction as specified in the direction; and (b) may impose any requirement reasonably required for the purpose for which the direction is given, including 1 or more of the following: (i) a requirement that the person discontinue or not commence, a specified activity indefinitely or for a period specified in the direction; (ii) a requirement that the person take specified action within a specified period; (iii) a requirement that the person provide specified information to the authorised officer within a specified period. (3) A person issued with a compliance direction may apply to the Minister for a review of the direction within 28 days after receiving the direction or such longer period as the Minister may allow in a particular case. (4) Unless the Minister decides to the contrary, an application for review of a compliance direction does not suspend operation of the direction. (5) On review of a compliance direction, the Minister may— (a) confirm the direction (with or without modification); or (b) revoke the direction. (6) A person to whom a compliance direction is given must comply with the direction within the time allowed in the direction. 66B—Embargo notices (1) This section applies if— (a) an authorised officer is authorised to seize any record or thing under this Part; and (b) the record or thing cannot, or cannot readily, be physically seized and removed or stored. (2) An authorised officer may issue an embargo notice under this section. (3) An embargo notice is a notice forbidding the use, movement, sale, leasing, transfer, deletion of information from or other dealing with the record or thing, or any part of it, without the written consent of an authorised officer. (4) The embargo notice must— (a) contain the particulars required by the regulations; and (b) list the activities that it forbids; and (c) set out a copy of subsection (9). (5) On issuing an embargo notice, an authorised officer must— (a) cause a copy of the notice to be given to the owner of the record or thing; or (b) if that person cannot be located after all reasonable steps have been taken to do so—affix a copy of the notice to the record or thing in a prominent position. (6) A person must not knowingly do anything that is forbidden by an embargo notice. (7) A person must not instruct or request another person to do anything that the first mentioned person knows is forbidden by an embargo notice. (8) It is a defence to a prosecution for an offence against subsection (6) to establish that the person charged— (a) moved the record or thing, or part of it, for the purpose of protecting or preserving it; and (b) notified the authorised officer who issued the embargo notice of the move, and of the new location of the record or thing or part of it, within 48 hours after the move. (9) A person to whom an embargo notice has been given must take reasonable steps to prevent another person from doing anything forbidden by the embargo notice. (10) Despite anything to the contrary in any other Act or at law, a sale, lease, transfer or other dealing with a record or thing, or part of it, in contravention of this section is void. 67—Offence to hinder etc authorised officers A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (c) refuses or fails to comply with a requirement or direction of an authorised officer under this Part; or (d) when required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (e) falsely represents, by words or conduct, that he or she is an authorised officer, 68—Self-incrimination (1) It is not an excuse for a person to refuse or fail to answer a question or to produce or provide a record or information as required under this Part on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) If compliance by a person with a requirement to answer a question or to produce or provide a record or information might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce or provide a record or information—the fact of production or provision of the record or the information (as distinct from the contents of the record or the information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings under this Act). 69—Powers in relation to seized records or things (1) If a record or thing is seized under this Part, the seized record or thing must be dealt with in accordance with the regulations. (2) Without limiting the generality of subsection (1), regulations made under this section may provide for the following: (a) procedures relating to the seizure of records or things under this Part; (ab) the taking and testing of a sample of any thing seized under this Part; (b) the manner in which a seized record or thing may be dealt with including (but not limited to)— (i) the circumstances in which a seized record or thing may be returned to a person or may be forfeited; and (ii) the circumstances in which a seized record or thing may be destroyed; and (iii) the recovery by the Minister of any costs incurred in dealing with the seized record or thing; (c) the keeping of records in the prescribed manner in relation to the seized record or thing; (d) the circumstances in which compensation may or may not be payable to a person from whom a record or thing has been seized and the manner in which such compensation may be sought.