Tobacco and Other Smoking Products Act 1998
sec.209BShort-term closure of premises by chief executive
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sec.209B Short-term closure of premises by chief executive
The chief executive may make an order that stated premises be closed (a short-term closure order ) if the chief executive is satisfied that— illicit tobacco or illicit nicotine products are being supplied or possessed at the premises as part of a business activity; or a business is being carried on at the premises in a way that involves a contravention of section 65 . In deciding whether to make a short-term closure order the chief executive may have regard to— previous enforcement action taken in relation to the premises; and whether the order will impact the ability of the community to access essential goods and services; and any other matter the chief executive considers appropriate. The short-term closure order must be— served on the person apparently in charge of the premises, if any; and posted in a conspicuous place— for premises that are fixed premises—at the entrance to the premises; or for premises that are mobile premises— on the mobile premises; or at the entrance to fixed premises that are connected to the business carried on at the mobile premises. The short-term closure order— takes effect from the earlier of the following to happen— the service of the order under subsection (3) (a) ; the posting of the order under subsection (3) (b) ; and continues until the first of the following to happen— the chief executive revokes the order; the end of 90 days after the order takes effect. s 209B ins 2024 No. 51 s 27 sub 2025 No. 27 s 24 (sec.209B-ssec.1) The chief executive may make an order that stated premises be closed (a short-term closure order ) if the chief executive is satisfied that— illicit tobacco or illicit nicotine products are being supplied or possessed at the premises as part of a business activity; or a business is being carried on at the premises in a way that involves a contravention of section 65 . (sec.209B-ssec.2) In deciding whether to make a short-term closure order the chief executive may have regard to— previous enforcement action taken in relation to the premises; and whether the order will impact the ability of the community to access essential goods and services; and any other matter the chief executive considers appropriate. (sec.209B-ssec.3) The short-term closure order must be— served on the person apparently in charge of the premises, if any; and posted in a conspicuous place— for premises that are fixed premises—at the entrance to the premises; or for premises that are mobile premises— on the mobile premises; or at the entrance to fixed premises that are connected to the business carried on at the mobile premises. (sec.209B-ssec.4) The short-term closure order— takes effect from the earlier of the following to happen— the service of the order under subsection (3) (a) ; the posting of the order under subsection (3) (b) ; and continues until the first of the following to happen— the chief executive revokes the order; the end of 90 days after the order takes effect.