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Legislative Assembly for the ACT: 2002 Week 4 Hansard (11 April) . . Page.. 1107 ..

  • require a person to state their name and address if the officer believes they have committed an offence against the Act.

The Act also specifies that the Chief Health Officer (CHO) may hold an investigation in respect of any matter concerning public health or the administration of the Act. The CHO may:

  • require a person to appear and give evidence, answer any relevant question, take an oath or to make an affirmation; or

  • take evidence on oath or by affirmation, take statements and receive affidavits, require the production of any relevant document; or

  • exercise any other power the chief health officer considers to be necessary for the purpose.

Food Act 2001

Part 5 of the Food Act 2001 details the powers of inspectors (authorised officers). It provides that the officer may at any reasonable time, with consent of the occupier, or with a warrant:

  • enter and search, inspect, take photographs or otherwise record, or test any material, document or item on a premises that they consider necessary;

  • make copies, take samples or seize anything that may be evidence of an offence;

  • require an occupier of a premises to answer questions and provide whatever assistance the officer requires to carry out his/her powers;

  • stop, detain and search a vehicle that the officer believes is involved in an offence, or contains something which may be evidence of an offence against the Act;

  • require a person to state their name and address if the officer believes they have committed an offence against the Act.

Tobacco Act 1927

Part 6 of the Tobacco Act 1927 details the powers of inspectors (authorised officers). It provides that the officer may at any reasonable time, with consent of the occupier, or with a warrant:

  • enter, inspect and take photographs of anything on a premises that they consider necessary;

  • make copies or seize anything that may be evidence of an offence;

  • require an occupier of a premises to answer questions and provide whatever assistance the officer requires to carry out his/her powers;

  • require a person to state their name and address if the officer believes they have committed an offence, or has information relating to an offence against the Act.

Smoke-Free Areas (Enclosed Public Places) Act 1994

Sections 8, 10 and 14 of the Smoke-Free Areas (Enclosed Public Places) Act 1994 detail the powers of inspectors. They provide that the inspector may at any reasonable time enter an enclosed public place and on producing his or her identity card:

  • do all things necessary or convenient to be done in the performance of his or her duties including the inspection of the premises, testing of the air quality of the premises and inspection of records; and

  • direct a person to cease a contravention of the Act and require the person to furnish his or her name and usual address.

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