Strict Liability and Entry Powers for Prohibited Smoking Product Enforcement
Tobacco and Other Smoking Products Amendment Bill 2025
Introduced by: Rachel Stephen-Smith (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Selling prohibited smoking products is now a strict liability offence.
Authorised officers must show their ID; they must state the reason for their action and inform people of their rights before demanding names or entering premises.
Authorised officers can enter public areas; they can enter other premises if they suspect an offence or there is an urgent risk to public health.
Authorised officers cannot enter residential areas without a warrant.
Magistrates can issue warrants if they suspect evidence of an offence is at a premises.
People must follow directions to provide documents, answer questions, or give help during an inspection; failure to comply carries a penalty of up to 50 penalty units.
People must produce evidence if an officer suspects their information was false; failure to do so is a strict liability offence.
Authorised officers can seize items they believe are connected to an offence to prevent them from being lost or hidden.