Western Australian Consolidated Regulations

TOBACCO PRODUCTS CONTROL REGULATIONS 2006 - REG 16D

16D .         Directions by investigators

        (1)         If an investigator has reason to believe that a person is committing an offence under section 107A, 107B, 107C or 107D, the investigator may direct the person to stop smoking in contravention of that section.

        (2)         A direction under subregulation (1) may be given orally or in writing and if given orally must be reduced to writing as soon as is practicable.

        (3)         A person must comply with a direction given to the person under subregulation (1).

        Penalty: a fine of $2 000.

        (4)         In proceedings for an offence under subregulation (3) a document purporting to have been signed or certified by the CEO, an investigator or a police officer —

            (a)         to which is attached a copy of a direction given under subregulation (1); and

            (b)         stating that the direction —

                  (i)         was given by the person referred to in the document; and

                  (ii)         was in force at the time specified in the document,

                is, in the absence of evidence to the contrary, evidence of the direction and of the facts stated in the document.

        [Regulation 16D inserted in Gazette 10 Sep 2010 p. 4381.]