Commentary on Sections
Part 3.Tobacco and Nicotine Products
Chapter 1 - Smoking
Section 25 - Retained property: appeals
51.This section provides an additional safeguard relating to the powers of entry and inspection provisions. It enables a person with an interest in anything taken away from premises by an authorised officer under section 23(1)(c) to apply to a magistrates’ court for an order requesting the release of the property. Depending on the court’s consideration of an application, it may make an order requiring the release of the retained property.
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