TOBACCO SMOKING CONTROL (POWERS OF AUTHORISED OFFICERS) REGULATIONS

TOBACCO SMOKING CONTROL

(POWERS OF AUTHORISED OFFICERS)

SUBSIDIARY LEGISLATION 315.07

TOBACCO SMOKING CONTROL (POWERS

OF AUTHORISED OFFICERS) REGULATIONS

23rd October, 2009

LEGAL NOTICE 300 of 2009.

The title of these regulations is the Tobacco Smoking

Control (Powers of Authorised Officers) Regulations.

In these regulations, unless the context otherwise requires -

"the Act" means the Tobacco Control Act.

Any authorised officer may

(a) enter and inspect any area, premises or vehicle;

(b) require any person to answer any question or to

produce any records under that person’s control

concerning any activities carried in any area, premises

or vehicle;

(c) inspect, extract or seize any record or take any copy of

any record relevant to tobacco control in whatever

form held and, where any record is kept by means of a

computer, such officer may have access to, inspect and

check the operation of any computer, any associated

apparatus or material which is or has been or could

have been used in connection with the records, and he

may furthermore require any person having charge of,

or otherwise concerned with the operation of any

computer, apparatus or other material to afford him

such assistance as he may reasonably require;

(d) request any translation of any document into Maltese

or English;

(e) examine or inspect any object found in or on any area,

premises or vehicle;

(f)

mark, fasten, seal, take and remove a sample of any

object found in or on any area, premises or vehicle;

(g) open any container, receptacle or package found in or

on any area, premises or vehicle;

(h) weigh, count, measure or gauge any object found in or

on any area, premises or vehicle;

(i)

seize any object or record found in or on any area,

premises or vehicle;

(j)

seal any area, premises or vehicle;

(k) take any photographs, film, tape or video image and

make any sketch, plan, or drawing or otherwise make a

record of any person, premises or vehicle or of

anything contained therein or thereon;

TOBACCO SMOKING CONTROL

(POWERS OF AUTHORISED OFFICERS)

(l)

test or examine any tobacco or tobacco product;

(m) carry out or request to be carried out any test,

examination, or measurement by means of any

instrument, monitor any situation and make all such

observations as may be required;

(n) give any order that he may deem necessary for the

proper execution of this regulation.

Any person who -

(a) intentionally obstructs or causes the obstruction of any

person acting in the performance of his duties under

regulation 3; or

(b) without reasonable cause, fails to give any person

acting in the performance of his duties under

regulation 3, such assistance or information which he

is required to give by or under regulation 3; or

(c) furnishes information which he knows to be false or

misleading,

shall be guilty of an offence against the Act.