Tobacco and Other Smoking Products Act 1998
sec.187General powers after entering places
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sec.187 General powers after entering places
This section applies to an authorised person who enters a place under section 181 . However, if an authorised person enters a place to get the occupier’s consent to enter premises, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised. For monitoring or enforcing compliance with this Act, the authorised person may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis; or take an extract from, or copy, a document at the place; or take into the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or require the occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers mentioned in paragraphs (a) to (e) ; or require the owner of the place, occupier of the place or another person at the place to give the authorised person information to help the authorised person ascertain— whether this Act is being complied with; or if smoking products or illicit nicotine products are sold at the place—the name and contact details of the business that sells the smoking products or illicit nicotine products at the place. When making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. In this section— owner , of a place, includes— a lessee for the place; and an agent of the owner who is responsible for the management or maintenance of the place. s 187 amd 2001 No. 20 s 32; 2023 No. 16 s 53 ; 2024 No. 51 s 21 (sec.187-ssec.1) This section applies to an authorised person who enters a place under section 181 . (sec.187-ssec.2) However, if an authorised person enters a place to get the occupier’s consent to enter premises, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised. (sec.187-ssec.3) For monitoring or enforcing compliance with this Act, the authorised person may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis; or take an extract from, or copy, a document at the place; or take into the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or require the occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers mentioned in paragraphs (a) to (e) ; or require the owner of the place, occupier of the place or another person at the place to give the authorised person information to help the authorised person ascertain— whether this Act is being complied with; or if smoking products or illicit nicotine products are sold at the place—the name and contact details of the business that sells the smoking products or illicit nicotine products at the place. (sec.187-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. (sec.187-ssec.5) In this section— owner , of a place, includes— a lessee for the place; and an agent of the owner who is responsible for the management or maintenance of the place.