Part 6Controlled purchase operations

Part 6—Controlled purchase operations 69A—Interpretation In this Part— controlled purchase officer means a person authorised by the Minister as a controlled purchase officer under this Part; controlled purchase operation means an operation undertaken under the supervision of an authorised officer the intended purpose of which is to provide a person with an opportunity to commit or to attempt to commit an offence against a prescribed provision; designated person means a child who is of or above the age of 16 years; prescribed provision means a provision of this Act set out in Schedule 1. 69B—Controlled purchase officer (1) The Minister may, by notice in writing, authorise a person, including, subject to subsection (2), a designated person, to be a controlled purchase officer. (2) The Minister must not authorise a designated person to be a controlled purchase officer unless the parent or legal guardian of the person has consented in writing to the proposed authorisation. (3) A controlled purchase officer may, for the purposes of a controlled purchase operation, take any action specified by the Minister in the notice of authorisation. 69C—Controlled purchase operation (1) If a controlled purchase officer takes action of a kind specified in a notice of authorisation for the purposes of a controlled purchase operation— (a) the controlled purchase officer, the authorised officer and the Minister and any other person involved in the controlled purchase operation do not commit an offence against this Act or any other Act or law and are not liable as a party to an offence committed by another person; and (b) any evidence given by the controlled purchase officer in any proceedings against another person in connection with which the controlled purchase officer took the action is not the evidence of an accomplice. (2) An authorised officer responsible for supervising a controlled purchase operation involving a designated person must undertake an assessment of the operation and must ensure that appropriate measures are in place to ensure the safety of the designated person during the operation. (3) A controlled purchase officer who is a designated person must give to the authorised officer supervising the controlled purchase operation anything obtained by the officer as a result of the operation. Part 6AA—Closure orders 69CA—Interpretation In this Part— closure order means— (a) an interim closure order; or (ab) a short term closure order; or (b) a long term closure order; interim closure order—see section 69CB; long term closure order—see section 69CC; mobile premises means premises constituting a vehicle, building or other structure ordinarily moved from place to place; prescribed product means— (a) a prescribed tobacco product within the meaning of section 33(2); or (b) a prohibited product; short term closure order—see section 69CBA. 69CB—Interim closure order (1) The Minister may, by notice in writing, order that specified premises be closed (an interim closure order) if the Minister reasonably suspects that— (a) prescribed products are being, or are likely to be, sold or supplied at the premises as part of a business being carried on at the premises; or (b) tobacco products or e‑cigarette products are being, or are likely to be, unlawfully sold or supplied at the premises as part of a business being carried on at the premises. (2) The Minister may, by notice in writing, revoke an interim closure order. (3) A notice under this section must be— (a) given to the person apparently in charge of the premises (if any); or (b) posted in a conspicuous place— (B) at the entrance to premises that are connected to the business carried on from the mobile premises. (4) The interim closure order has effect from the time specified in the order until 72 hours after the time specified in the order (but nothing prevents the making of a subsequent interim closure order in respect of the same premises). (5) No more than 1 interim closure order may be made for the same premises in a period of 7 days. (6) For the purposes of this section, the Minister is not required to act in accordance with the principles of procedural fairness. 69CBA—Short term closure order (1) The Minister may, by notice in writing, order that specified premises be closed (a short term closure order) if the Minister reasonably suspects that— (a) prescribed products are being, or are likely to be, sold or supplied at the premises as part of a business being carried on at the premises; or (b) tobacco products or e‑cigarette products are being, or are likely to be, unlawfully sold or supplied at the premises as part of a business being carried on at the premises. (2) A short term closure order has effect for a period of 28 days from the day specified in the order (but nothing prevents the making of a subsequent short term closure order in respect of the same premises). (3) The Minister may, by notice in writing, vary or revoke a short term closure order. (4) A notice under this section must be— (a) given to the person apparently in charge of the premises; or (b) given to the owner of the premises; or (c) posted in a conspicuous place— (B) at the entrance to premises that are connected to the business carried on from the mobile premises. (5) A short term closure order may be made regardless of whether an interim closure order is, or has been, in effect in relation to the premises. (6) For the purposes of this section, the Minister is not required to act in accordance with the principles of procedural fairness. 69CC—Long term closure order (1) The Magistrates Court may, on the application of the Minister, order that specified premises be closed for a specified period of not more than 12 months (a long term closure order) if the Court is satisfied that— (a) prescribed products have been, or are likely to be, sold or supplied at the premises as part of a business activity; or (b) tobacco products or e‑cigarette products have been, or are likely to be, unlawfully sold or supplied at the premises as part of a business activity. (2) An application may be made regardless of whether an interim closure order or a short term closure order is, or has been, in effect in relation to the premises. (3) An application under subsection (1) must be given to the owner of the premises, unless it is not reasonably practicable to do so (and the owner of the premises may, on application to the Magistrates Court, be a party to the proceedings before the Court in relation to the application). (4) An order made under this section must be— (a) given to the owner of the premises, unless it is not reasonably practicable to do so; and (b) posted in a conspicuous place— (B) at the entrance to premises that are connected to the business carried on at the mobile premises. (5) The Magistrates Court may, on application by the owner of premises, amend or revoke a long term closure order in effect in relation to those premises (and the Minister will be a party to the proceedings in relation to such an application). 69CD—Offences relating to closed premises (1) A person must not, while a closure order is in effect in relation to premises— (a) sell or supply tobacco products, e‑cigarette products or prohibited products at the premises; or (b) carry on a business of selling tobacco products, e‑cigarette products or prohibited products at the premises. (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. (2) Subject to subsection (3), a person who is present on premises in relation to which a closure order is in effect is guilty of an offence. (3) The Minister may, by notice in writing (an exemption notice), exempt a person from the operation of subsection (2) in relation to specified premises on terms and conditions specified in the notice. (4) An exemption notice must— (a) be given to the person to whom the exemption applies; and (b) specify the closed premises in relation to which the exemption applies; and (c) set out the details of the condition of the exemption specified in subsection (5). (5) It is a condition of an exemption under subsection (3) that the person to whom the exemption applies must not carry on a business, or cause or permit another to carry on a business, on the closed premises specified in the exemption notice. 69CE—Certain information relating to closure orders may be made publicly available The following information in relation to each closure order may be made publicly available by the Minister in a manner determined by the Minister: (a) whether the order is an interim closure order or a long term closure order; (b) a description of the premises to which the closure order relates (including the address of the location of the premises); (c) the date on which the order was made; (d) the period for which the closure order is to be in effect; (e) a general description of the reason for the making of the closure order; (f) any other prescribed particulars. 69CF—Protection from liability Despite section 86A, the Crown incurs no liability for a decision of the Minister, or by any person acting on behalf of the Minister, to exercise or not to exercise powers under this Part.