42FLawfulness of compliance testing

42F Lawfulness of compliance testing (1) Despite any other territory law, conduct engaged in honestly by an authorised officer is not unlawful, and is not an offence by the officer, if the conduct is engaged in for the purpose of carrying out a compliance test in accordance with an approved program and the approved procedures. (2) Despite any other territory law, conduct engaged in honestly by a purchase assistant is not unlawful, and is not an offence by the assistant, if— (a) the conduct is engaged in for the purpose of carrying out a compliance test; and

(b) the assistant acts in accordance, or substantially in accordance, with the instructions (if any) of an authorised officer supervising the compliance test. (3) However, this section does not— (a) authorise a purchase assistant to enter or be in a place that it would be otherwise unlawful for the assistant to enter or be in; or (b) prevent action being taken against an authorised officer under the Public Sector Management Act 1994 in relation to a failure by the authorised officer or a purchase assistant to comply with approved procedures. Example for par (a) a gaming area under the Gaming Machine Act 2004