Tobacco and Other Smoking Products Act 1998
sec.234Only chief executive may commence particular proceedings
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sec.234 Only chief executive may commence particular proceedings
This section applies to a proceeding for an offence against this Act arising from a police officer exercising a power under this Act as an authorised person. Only the chief executive may commence the proceeding for the offence. The commissioner of the police service must comply with a written request made by the chief executive for a report about the following— the exercise of the power by the police officer; the evidence of the offence that the police officer obtained from exercising the power. To remove any doubt, it is declared that this section does not prevent a police officer performing a function mentioned in section 170 (7) . s 234 ins 2023 No. 16 s 60 amd 2024 No. 51 s 33 (sec.234-ssec.1) This section applies to a proceeding for an offence against this Act arising from a police officer exercising a power under this Act as an authorised person. (sec.234-ssec.2) Only the chief executive may commence the proceeding for the offence. (sec.234-ssec.3) The commissioner of the police service must comply with a written request made by the chief executive for a report about the following— the exercise of the power by the police officer; the evidence of the offence that the police officer obtained from exercising the power. (sec.234-ssec.4) To remove any doubt, it is declared that this section does not prevent a police officer performing a function mentioned in section 170 (7) .
- (a) the exercise of the power by the police officer;
- (b) the evidence of the offence that the police officer obtained from exercising the power.