Section 32: Powers of authorised officers

(1)
The police or any authorised officer shall have powers to-
(a)
enter the premises of any public place, workplace, means of public transportation, and any business where tobacco is manufactured, tested, sold, transported, received, distributed, supplied, or otherwise found or is likely to be found;
(b)
enter such premises as provided in paragraph (a) of this sub-section, to conduct inspections or investigations at any time during business or operating hours or at any other reasonable or necessary time;
(c)
examine, open, and test any equipment, tool, material, package or anything the police or any authorised officer reasonably believes is used or capable of being used for the manufacture, packaging and labeling, storage, distribution, or advertising and promotion of tobacco products;
(d)
examine any manufacturing operation or process carried out on the premises;
(e)
examine and make copies of, or from any, book, document, note, file, including electronic files, or other records the police or the authorised officer reasonably believes might contain information relevant to determining compliance with the provisions of this Act and regulations and any other applicable law, including laws and regulations imposing duties or taxes;
(f)
interview any person the police or authorised officer believes may have information relevant to making a compliance determination;
(g)
open and take samples of tobacco products or components of products, their packaging and labeling and have them tested;
(h)
stop, search, and detain any aircraft, ship, vehicle or other means of transport or storage in which the police or the authorised officer reasonably believes tobacco products are or were contained or conveyed;
(i)
seize and detain, or order the storage without removal or alteration of any tobacco product or other thing the authorised officer reasonably believes does not comply with the provisions of this Act or regulations made under this Act and any other applicable law, including laws and regulations imposing duties or taxes;
Provided that the police or authorised officer shall first provide the licensee or owner of the tobacco products or other things, or if the licensee or owner is unavailable, any other person on the premises where the tobacco products or other things are located, with written notice of the seizure and detention and the grounds for it and-
(i) where tobacco product or other thing so seized and detained is determined to meet legal requirements, the product shall be returned to the premises from which it was seized within 7 business days from the date it is determined to meet legal requirements, and
(ii) where any tobacco product or other thing is determined not to meet legal requirements, the product may be confiscated and destroyed or subject to other disposal, as ordered by the adjudicator of the case, subject to any appeal rights that may be applicable; and
(j)
take any other action reasonable or necessary for the effective and efficient administration of this Act.
(2)
Inspection and investigation reports, and documents collected pursuant to inspections and investigations shall be made readily and publicly accessible once the inspection or investigation has been concluded, subject to exclusion of any information protected by law provided that an exclusion of information and the grounds for exclusion shall be explained in writing.
(3)
The police or authorised officer may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant issued under section 35 of this Act.
(4)
A person shall not deny, obstruct or hinder, or knowingly make a false or misleading statement to the police or authorized officer who is carrying out duties under this Act.