Tobacco and Vaporisers Control Act 1993 · 2020 Revised Edition · Part 4 · Enforcement and Miscellaneous
28. Notice of test and intended prosecution
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Where any tobacco product, vaporiser or imitation tobacco product seized under this Act is submitted to a test, the Chief Executive must —
tobacco product
“tobacco product” means —(a)a cigarette or cigar, or any other form of tobacco;(b)a tobacco derivative;(c)a tobacco substitute; or(d)a mixture containing any form of tobacco or a tobacco derivative or tobacco substitute,but does not include a therapeutic product registered under the Health Products Act 2007;
if the product is seized, inform the person mentioned in section 26(4)(a) of the result of the test;
if the product was purchased and the test leads to the institution of proceedings for an offence under this Act, inform the person from whom the product was purchased or, in the case of a product sold through a vending machine, the person mentioned in section 26(4)(b) of the result of the test; and
if as a result of the test proceedings for an offence under this Act are instituted against any person, allow the person to have the product tested on the person’s behalf if it is reasonably practicable to do so.