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Amendment of section 33 of Act of 2023
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7. Section 33 of the Act of 2023 is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) An authorised officer may, in the course of his or her duty as such officer and in accordance with guidelines issued under subsection (2), send a person who is at least 15 years of age but under 18 years of age into a premises at which nicotine inhaling products are for sale by retail for the purpose of the person purchasing nicotine inhaling products on those premises if, but only if—
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(a) the parent or guardian of the person has consented in writing to him or her being sent into those premises for that purpose, and
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(b) the authorised officer is satisfied that all reasonable steps have been or will be taken to avoid harm to the welfare of the person.”,
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(b) by the insertion of the following subsection after subsection (1):
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“(1A) An authorised officer may, in the course of his or her duty as such officer and in accordance with guidelines issued under subsection (2), send a person who is at least 15 years of age but under 21 years of age into a premises at which tobacco products are for sale by retail for the purpose of the person purchasing tobacco products on those premises if, but only if—
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(a) in the case of a person who is aged between 15 and 18 years old, the parent or guardian of the person has consented in writing to him or her being sent into those premises for that purpose, and
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(b) in all cases, the authorised officer is satisfied that all reasonable steps have been or will be taken to avoid harm to the welfare of the person.”,
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and
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(c) in subsection (2)—
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(i) by the substitution of the following paragraph for paragraph (a):
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“(a) prohibiting any active instigation of a contravention of section 28 or 28A such as a false representation, whether made orally or by means of the production of any document, that a person is—
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(i) in the case of section 28, over the age of 18 years, and
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(ii) in the case of section 28A, over the age of 21 years, and”,
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and
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(ii) in paragraph (b)(iii), by the substitution of “section 28 or 28A” for “section 28”.
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