South Australian Numbered Acts

TOBACCO PRODUCTS REGULATION (MISCELLANEOUS OFFENCES) AMENDMENT ACT 2007 (NO 15 OF 2007) - SECT 15

15—Insertion of section 70A

Before section 71 insert:

70A—Confiscation of tobacco products from children

        (1)         A prescribed person who becomes aware that tobacco products are in the possession of a child may confiscate the products from the child.

        (2)         Subsection (1) does not apply to tobacco products that are in the possession of a child in the ordinary course of his or her employment or otherwise for the purpose of sale by retail in accordance with this Act.

        (3)         If tobacco products are confiscated under subsection (1)—

            (a)         the products are forfeited by the child; and

            (b)         the products must be destroyed as soon as is reasonably practicable by the prescribed person; and

            (c)         no compensation is payable in relation to the confiscation of the products.

        (4)         In this section—

"prescribed person", in relation to a child, means—

            (a)         a member of the police force; or

            (b)         any other authorised officer under Part 5; or

            (c)         a person performing the duties of a teacher at a school attended by the child (whether or not such duties are being performed on the grounds of the school).