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Legislative Assembly for the ACT: 1999 Week 10 Hansard (12 October) . . Page.. 3022 ..

MR STANHOPE (continuing):

The third of the amendments goes to the range of persons who can be questioned or searched on retail premises. Once again it simply restricts the powers of the authorised officer to those persons on the premises who are the occupiers or employees or agents of the occupiers - namely, the retailer or the retailer's staff. We believe these to be an appropriate range of powers to vest in authorised officers.

MR MOORE (Minister for Health and Community Care) (5.45): The Government recognises that these are quite sensible amendments consistent with the scrutiny of Bills committee report and is quite comfortable about accepting them.

Amendments agreed to.

MR MOORE (Minister for Health and Community Care) (5.46): Mr Speaker, I seek leave to move government amendments Nos 26 and 27 together.

Leave granted.

MR MOORE: I move:

Page 23, line 2, proposed new subsection 12L (1), omit "(1)".

Page 23, line 16, proposed new subsections 12L (2) and (3), omit the subsections, substitute the following sections:

" '12LA. Exercise of powers in public places

'(1) This section applies to offences against the following sections ('tobacco sale or promotion offences'):

� section 4 (Supply of tobacco to under 18 year olds)

� section 5 (Purchase of tobacco for under 18 year olds)

� section 7 (Non-smoking tobacco)

� section 8 (Food and toys resembling or promoting tobacco products)

� section 9 (Sale of cigarettes in quantities fewer than 20)

� section 10 (Prohibited tobacco advertising)

� section 11A (Tobacco product promotions)

� section 11AA (Tobacco product giveaways)

� section 11B (Competitions that promote tobacco products).

'(2) If an authorised officer has reasonable grounds for believing that a person in a public place can provide evidence about the commission of a tobacco sale or promotion offence, the officer may, for the purposes of this Act, with the consent of the person, do any or all of the following:

(a) inspect anything held by the person;

(b) take copies of any documents in the person's possession;

(c) take photographs of anything in the person's possession;

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