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bruneilawsby aturio
In forceAs enacted
Contents

Part IV · Control of Advertisements

25. Power of entry etc.

(1)

The Director-General, any police offi.cer and any authorised offi.cer may, at all reasonable hours, exercise the following powers -

1001

{aj for the purpose of ascertaining whether any offence under this

Order has been committed, inspect any advertisement, tobacco product, imitation tobacco product or vending machine and enter any business premises;

{bj if he has reasonable cause to believe that an offence under this

Order has been committed, require any person carrying on a trade or business or employed in connection with a trade or business to produce any article relating to that trade or business and take copies, or of any entry in, any such article;

{c) if he has reasonable cause to believe that an offence under this

Order has been committed, seize and detain any advertisement, tobacco product, imitation tobacco product or vending machine for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed;

{dj seize and detain any advertisement, tobacco product, imitation tobacco product, vending machine or document which he has reason to believe may be required as evidence in proceedings for an offence under this

Order; and

{e)

for the purpose of exercising his powers under this subsection to seize any advertisement, tobacco product, imitation tobacco product or vending machine, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of this Order are duly observed, 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, he may do so himself.

(2)

The Director-General, any police officer or any authorised officer may, if he has reasonable cause to believe that an offence against subsection (1) of section 17 has been committed in respect of a tobacco product advertisement

{a}

require the person reasonably suspected of having committed the offence to remove the advertisement from the view of members of the public; and

{b) if that person fails to do so, cause the advertisement to be so removed.

(3)

The person referred to in subsection (2] shall be liable to pay to the

Director-General the reasonable costs of removal and disposal of the advertise-ment, which costs may be recovered as a debt due to the Government.

(4)

In the exercise of his powers under this section, the Director-General, any police officer or any authorised officer shall

{a}

on seizing any advertisement, tobacco product, imitation tobacco product, vending machine or document, inform the person from whom it was seized of such seizure; and

{b) in the case of tobacco products seized from a vending machine, inform the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed.

(5)

The Director-General, any police officer or any authorised officer entering any premises by virtue of this section may take with him such other persons and such equipment as' may appear to him necessary.

Report

Read on from s 26

Part VI

Read on from Part VI