Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
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PART 4 Enforcement and Compliance | ||
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Test purchasing | ||
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33. (1) An authorised officer may, in the course of his or her duty as such officer and in accordance with guidelines issued under subsection (2), send a person who is at least 15 years of age but under 18 years of age into a premises at which tobacco products or nicotine inhaling products are for sale by retail for the purpose of the person purchasing tobacco products or nicotine inhaling products on those premises if but only if— | ||
(a) the parent or guardian of the person has consented, in writing, to him or her being sent into those premises for that purpose, and | ||
(b) the authorised officer is satisfied that all reasonable steps have been or will be taken to avoid harm to the welfare of the person. | ||
(2) The Minister shall, after consulting with the Minister for Children, Equality, Disability, Integration and Youth, from time to time issue guidelines in respect of the procedures to be followed with respect to the practical operation of this section, including guidelines as to— | ||
(a) prohibiting any active instigation of a contravention of section 28 such as a false representation, whether made orally or by means of the production of any document, that a person is over the age of 18 years, and | ||
(b) the basis on which premises will be selected for the purposes of the application of this section, including but not limited to— | ||
(i) reference to the location of the premises, | ||
(ii) complaints received by the Executive concerning the premises, | ||
(iii) the number of reports of alleged contraventions (if any) of section 28 relating to the premises or the clientele attracted to the premises, or | ||
(iv) any combination thereof. | ||
(3) In this section, “authorised officer” means an authorised officer appointed under section 48 of the Act of 2002. |