retrieval-0002Document excerpt 2

Page 14 Authorised by the Parliamentary Counsel [s 22] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 section 65, 161 or 161A. 208A Authorisation of controlled purchase officer (1) The chief executive may, by notice in writing, authorise either of the following persons to be a controlled purchase officer if the person is an adult— (a) a public service employee; (b) a health service employee. (2) However, the chief executive may not authorise the person to be a controlled purchase officer unless the chief executive is satisfied the person is appropriately qualified. (3) A controlled purchase officer may, for the purposes of a controlled purchase operation, make or attempt to make the purchases authorised under section 208D(2)(e) for the operation. 208B Authorisation of controlled purchase operation (1) The chief executive may, by notice in writing, authorise an operation (a controlled purchase operation) the intended purpose of which is to provide a person with an opportunity to commit or to attempt to commit a prescribed offence. (2) However, the chief executive may not authorise a controlled purchase operation unless the chief executive is satisfied— (a) a prescribed offence has been, is being, or is likely to be committed; and (b) the nature and extent of the prescribed offence mentioned in paragraph (a) justifies the operation; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Page 15 Authorised by the Parliamentary Counsel [s 22] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 (c) the operation will not be conducted in a way that makes it likely for a person to be induced to commit a prescribed offence, or any other offence, that the person would not otherwise have intended to commit; and (d) any conduct involved in the operation will not seriously endanger the health or safety of any person; and (e) the operation will be conducted in a way that will ensure the chief executive is immediately notified if a controlled purchase officer engages in— (i) conduct that may seriously endanger the health or safety of any person; or (ii) conduct that may not be authorised under the authority to conduct the operation; and (f) each controlled purchase officer proposed to participate in the operation has received appropriate training for the purpose. 208C Supervision by authorised person (1) The controlled purchase operation must be supervised by an authorised person chosen by the chief executive to supervise the operation. (2) The authorised person supervising the operation is not authorised to make or attempt to make the purchases authorised under section 208D(2)(e) for the operation. 208D Form of authority (1) An authority to conduct a controlled purchase operation must be in writing. (2) The authority must state— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 16 Authorised by the Parliamentary Counsel [s 22] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 (a) an identifying name or number for the operation; and (b) the identity of the authorised person responsible for supervising the operation; and (c) the identity of each controlled purchase officer who may make or attempt to make purchases for the operation; and (d) the prescribed offences in relation to which the operation is to be conducted; and (e) a description of the type of purchases the controlled purchase officers may make or attempt to make for the operation; and (f) the places, if any, the controlled purchase officers may enter for the operation; and (g) the websites, online shops or other online accounts or platforms, if any, the controlled purchase officers may access or engage with for the operation; and (h) the period, of not more than 3 months, for which the authority is in effect; and (i) the conditions, if any, to which the conduct of the operation is subject; and (j) the date and time when the authority is granted. (3) A controlled purchase officer is sufficiently identified for subsection (2)(c) if the person is identified by either of the following that can be matched to the person’s identity by the chief executive— (a) an assumed name; (b) a code name or code number. (4) A place may be stated under subsection (2)(f) only if the place is a place mentioned in section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Page 17 Authorised by the Parliamentary Counsel [s 22] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 181(2). 208E Variation or cancellation of authority (1) The chief executive may vary or cancel an authority to conduct a controlled purchase operation during the period, stated under section 208D(2)(h), for which the authority is in effect. (2) If the chief executive varies or cancels an authority, the chief executive must tell the following persons about the variation or cancellation immediately after the variation or cancellation is made— (a) the authorised person responsible for supervising the operation; (b) each controlled purchase officer authorised to make or attempt to make purchases for the operation. 208F Effect of authority (1) An authority to conduct a controlled purchase operation, while the authority is in effect, authorises each controlled purchase officer stated in the authority under section 208D(2)(c) to make or attempt to make the purchases authorised under section 208D(2)(e) for the operation. (2) The authority given to a controlled purchase officer to engage in conduct mentioned in subsection (1) can not be delegated to any other person. 208G Protection from criminal responsibility (1) Despite any other Act or law, a person (the participant) who engages in conduct in a controlled purchase operation in the course of, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Page 18 Authorised by the Parliamentary Counsel [s 22] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 and for the purposes of, the operation, is not, if engaging in that conduct is an offence, criminally responsible for the offence, if— (a) either— (i) the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; or (ii) the conduct is ancillary to conduct mentioned in subparagraph (i), including, for example, aiding or enabling the conduct mentioned in subparagraph (i); and (b) the conduct does not involve the participant intentionally inducing a person to commit an offence that the person would not otherwise have intended to commit. (2) To remove any doubt, it is declared that subsection (1) does not apply if the participant engages in conduct that seriously endangers the health or safety of any person. 208H Effect of being unaware of variation or cancellation of authority (1) If an authority to conduct a controlled purchase operation is varied in a way that limits its scope, this division continues to apply to a person authorised to engage in conduct for the purposes of the operation as if the authority had not been varied in that way, for as long as the person— (a) is unaware of the variation; and (b) is not reckless about the existence of the variation. (2) If an authority to conduct a controlled purchase operation is cancelled, this division continues to apply to a person authorised to engage in conduct 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Page 19 Authorised by the Parliamentary Counsel [s 22] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 for the purposes of the operation as if the authority had not been cancelled, for as long as the person— (a) is unaware of the cancellation; and (b) is not reckless about the existence of the cancellation. (3) For this section, a person is reckless about the existence of the variation or cancellation of an authority if— (a) the person is aware of a substantial risk that the variation or cancellation has happened; and (b) having regard to the circumstances known to the person, it is unjustifiable to continue to engage in conduct that was, but may no longer be, authorised by the authority because of the variation or cancellation. 208I Notification requirements (1) If any loss of or serious damage to property happens in the course of or as a direct result of a controlled purchase operation, the authorised person supervising the operation must report the loss or damage to the chief executive as soon as practicable. (2) The chief executive must take all reasonable steps to notify the owner of the property of the loss or damage. (3) The chief executive is not required to notify the owner of property under this section until the chief executive is satisfied that notification would not— (a) compromise or hinder the operation; or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 20 Authorised by the Parliamentary Counsel [s 23] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 (b) compromise the identity of an authorised person or controlled purchase officer; or (c) endanger the life or safety of any person; or (d) prejudice any legal proceeding; or (e) otherwise be contrary to the public interest. (4) Subsection (1) does not apply to property of the department. (5) If any personal injury happens in the course of or as a direct result of a controlled purchase operation, the authorised person supervising the operation must report the injury to the chief executive as soon as possible. 208J Admissibility of evidence Evidence gathered because of a controlled purchase operation is not inadmissible only because the evidence was obtained by a person while engaging in an unlawful act if the unlawful act was authorised under this division. 23 Amendment of pt 11, div 4A, hdg (Closure orders) Part 11, division 4A, heading, after ‘orders’— insert— and relevant lessors 24 Replacement of ss 209A and 209B Sections 209A and 209B— omit, insert— Subdivision 1 Preliminary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Clause 19 20 21 22 Clause 23 24 25 26

Page 21 Authorised by the Parliamentary Counsel [s 24] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 209 Application of division This division does not apply to residential premises. Subdivision 2 Making of orders 209A Definitions for subdivision In this subdivision— infringement notice means an infringement notice under the State Penalties Enforcement Act 1999. mobile premises means premises that are a vehicle, building or other structure ordinarily moved from place to place. previous enforcement action, taken in relation to premises, means any of the following actions relating to the premises— (a) the issue of a closure order; (b) the issue of an infringement notice for an offence against section 65, 161 or 161A; (c) the seizure of evidence under part 11, division 4 in relation to an offence against section 65, 161 or 161A; (d) the start of a proceeding for an offence against section 65, 161 or 161A; (e) the giving of an improvement notice under section 211 in relation to a contravention or likely contravention of section 65, 161 or 161A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Page 22 Authorised by the Parliamentary Counsel [s 24] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 209B Short-term closure of premises by chief executive (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— (a) illicit tobacco or illicit nicotine products are being supplied or possessed at the premises as part of a business activity; or (b) a business is being carried on at the premises in a way that involves a contravention of section 65. (2) In deciding whether to make a short-term closure order the chief executive may have regard to— (a) previous enforcement action taken in relation to the premises; and (b) whether the order will impact the ability of the community to access essential goods and services; and (c) any other matter the chief executive considers appropriate. (3) The short-term closure order must be— (a) served on the person apparently in charge of the premises, if any; and (b) posted in a conspicuous place— (i) for premises that are fixed premises—at the entrance to the premises; or (ii) for premises that are mobile premises— (A) on the mobile premises; or (B) at the entrance to fixed premises that are connected to the business carried on at the mobile premises. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

Page 23 Authorised by the Parliamentary Counsel [s 24] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 (4) The short-term closure order— (a) takes effect from the earlier of the following to happen— (i) the service of the order under subsection (3)(a); (ii) the posting of the order under subsection (3)(b); and (b) continues until the first of the following to happen— (i) the chief executive revokes the order; (ii) the end of 90 days after the order takes effect. 209BA Long-term closure of premises by magistrate (1) A magistrate may, on the application of the chief executive, make an order that stated premises be closed for a stated period of not more than 1 year (a long-term closure order) if the magistrate is satisfied that— (a) illicit tobacco or illicit nicotine products have been, or are likely to be, supplied or possessed at the premises as part of a business activity; or (b) a business is being carried on at the premises in a way that involves a contravention of section 65. (2) In deciding whether to make a long-term closure order the magistrate may have regard to— (a) previous enforcement action taken in relation to the premises; and (b) whether the order will impact the ability of the community to access essential goods and services; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

Page 24 Authorised by the Parliamentary Counsel [s 25] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 (c) any other matter the magistrate considers appropriate. (3) The application may be made regardless of whether a short-term closure order is, or has been, in effect in relation to the premises under section 209B. (4) The application must be served on— (a) the person apparently in charge of the premises, if any; and (b) the lessor of the premises, if any. (5) The long-term closure order must be— (a) served on the person apparently in charge of the premises, if any; and (b) posted in a conspicuous place— (i) for premises that are fixed premises—at the entrance to the premises; or (ii) for premises that are mobile premises— (A) on the mobile premises; or (B) at the entrance to fixed premises that are connected to the business carried on at the mobile premises. (6) Subsections (4) and (5)(a) do not apply if the chief executive is satisfied it is not reasonably practicable to serve the document mentioned in the subsection. 25 Amendment of s 209C (Smoking products not to be supplied at closed premises) (1) Section 209C, heading, ‘Smoking products not’— omit, insert— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Clause 28 29 30 31

Page 25 Authorised by the Parliamentary Counsel [s 26] Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 Part 3 Amendment of Tobacco and Other Smoking Products Act 1998 No products or services (2) Section 209C(1)— insert— (c) supply any other product or service at the premises; or (d) work in a business involving the supply of any other product or service at the premises; or (e) open the premises to the public. (3) Section 209C(3)— omit, insert— (3) Also, a person is not required to comply with subsection (1)(c) or (d) if the person has a reasonable excuse. 26 Insertion of new pt 11, div 4A, sdiv 3 After section 209C— insert— Subdivision 3 Relevant lessors 209CA Definitions for subdivision In this subdivision— lease, in relation to premises, includes any right to occupy the premises. premises means any of the following— (a) a retail outlet; (b) a wholesale outlet; (c) premises at which illicit tobacco or illicit nicotine products are available for sale by retail or wholesale. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Clause 15 16 17 18 19 20 21 22 23 24 25 26 27 28