Document ID: chunk:federal_register_of_legislation:C2025C00142:section:155
Version: federal_register_of_legislation:C2025C00142
Segment Type: section
Provision Reference: s 155
Character Range: 210977–212719

155  Consent and identification by authorised officers not required in certain circumstances

Scope
 (1) This section applies if:
 (a) an authorised officer enters the public area of business premises when they are open to the public; and
 (b) the officer's entry is not made under a monitoring warrant issued under section 32 of the Regulatory Powers Act, as that section applies in relation to this Act; and
 (c) the occupier of the premises has not consented to the entry; and
 (d) the officer's entry is solely for the purpose of exercising monitoring powers (within the meaning of the Regulatory Powers Act) in relation to a provision that is subject to monitoring under Part 2 of that Act by doing any one or more of the following:
 (i) inspecting the retail packaging of tobacco products;
 (ii) purchasing regulated tobacco items;
 (iii) observing practices relating to the retail sale of regulated tobacco items.

No requirement to obtain consent or show identity card
 (2) Despite paragraph 18(2)(a) and section 25 of the Regulatory Powers Act, the authorised officer is not required to:
 (a) obtain the consent of the occupier of the premises to the officer's entry; or
 (b) show the occupier of the premises the officer's identity card after entering the premises.

Other rights and obligations unaffected
 (3) Nothing in this section affects:
 (a) the right of an occupier of premises to refuse to allow the authorised officer to enter, or remain, on the premises; or
 (b) the obligations of the authorised officer under the Regulatory Powers Act, as it applies in relation to this Act, concerning the exercise of monitoring powers other than those mentioned in subparagraphs (1)(d)(i) to (iii).

Division 2—Investigation powers