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Tobacco and Vaping Products Act

Version of section 35 from 2002-12-31 to 2018-05-22:


Marginal note:Places inspectors may enter

  •  (1) For the purpose of ensuring compliance with this Act, an inspector may, subject to section 36, at any reasonable time, enter any place, other than a means of transportation, in which the inspector believes on reasonable grounds

    • (a) a tobacco product is manufactured, tested, stored, packaged, labelled or sold;

    • (b) there is anything used in the manufacture, testing, packaging, labelling, promotion or sale of a tobacco product; or

    • (c) there is any information relating to the manufacture, testing, packaging, labelling, promotion or sale of a tobacco product.

  • Marginal note:Powers of inspector

    (2) In carrying out an inspection, an inspector may

    • (a) examine a tobacco product or thing referred to in paragraph (1)(b);

    • (b) require any person in the place to produce for inspection, in the manner and form requested by the inspector, the tobacco product or thing;

    • (c) open or require any person in the place to open any container or package found in the place that the inspector believes on reasonable grounds contains the tobacco product or thing;

    • (d) take or require any person in the place to produce a sample of the tobacco product or thing;

    • (e) conduct any test or analysis or take any measurements; or

    • (f) require any person found in the place to produce for inspection or copying any written or electronic information that is relevant to the administration or enforcement of this Act.

  • Marginal note:Use of computers and copying equipment

    (3) In carrying out an inspection, an inspector may

    • (a) use or cause to be used any computer system in the place to examine data contained in or available to the computer system that is relevant to the administration or enforcement of this Act;

    • (b) reproduce the data in the form of a print-out or other intelligible output and take it for examination or copying; and

    • (c) use or cause to be used any copying equipment in the place to make copies of any data, record or document.


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