Clause 26

by deleting subsection (1) and substituting the following subsection:“(1) The Chief Executive or an authorised officer may, for an enforcement purpose, do all or any of the following:

inspect at all reasonable hours any advertisement, tobacco product or imitation tobacco product, vending machine, document, material, article or equipment;

at any time and without warrant enter and search any premises that the Chief Executive or authorised officer reasonably suspects are being used for or in connection with the commission of an offence under this Act;

at any time and without warrant stop, board and search any conveyance that the Chief Executive or authorised officer reasonably suspects is being used for or in connection with the commission of an offence under this Act; (d)require any person carrying on a trade or business or employed in connection with a trade or business to produce, at a reasonable hour, any book, document or material relating to the trade or business and may take copies of, or of any entry in, any such book, document or material;

seize any advertisement, tobacco product or imitation tobacco product, vending machine, document, material or article —

for the purpose of ascertaining, by testing or otherwise, whether an offence under this Act has been committed; or

which the Chief Executive or authorised officer has reason to believe may be required as evidence in proceedings for the offence;

for the purposes of paragraph (e), require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, the Chief Executive or authorised officer may do so himself.”;

by deleting the words “an advertisement relating to any tobacco product” in subsection (2) and substituting the words “an unauthorised advertisement”;

by deleting the words “vending machine or document” in subsection (4)(a) and substituting the words “vending machine, document, material or article”; and

by inserting, immediately after subsection (5), the following subsections:“(6) For the purposes of subsection (1), if any document or material required by the Chief Executive or an authorised officer is kept in electronic form —

the power of the Chief Executive or authorised officer to inspect the document or material includes the power to —

access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access;

the power of the Chief Executive or authorised officer to require such document or material to be produced includes the power to require a copy of the document or material to be produced in legible form; and

the power of the Chief Executive or authorised officer to seize such document or material includes the power to make copies of the document or material in legible or electronic form, or to transfer the information from the document or material to a disk, tape or other storage device.(7) If the Chief Executive or authorised officer is unable to make copies of the document or material, or transfer the information from the document or material, under subsection (6)(c), the Chief Executive or authorised officer may —

seize the computer or other equipment (including a mobile telephone) in which the document or material is stored, as evidence in proceedings for an offence under this Act; and

require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or material held in the computer or equipment.(8) In subsection (1), “enforcement purpose” means —

ensuring that the provisions of this Act and the conditions imposed on any licence are complied with; or

investigating any offence under this Act.”.