Australian Capital Territory Consolidated Acts

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LIQUOR ACT 1975 - SECT 27

Seizure

    (1)     An inspector or police officer may seize as much of any liquor that he or she has reasonable grounds for suspecting to be connected with the commission of an offence against this Act as is, in the opinion of the inspector or officer, necessary for the purposes of adducing evidence of the commission of the offence at the hearing of a prosecution for the offence.

    (2)     Subject to subsection (3), an inspector or police officer may seize any liquor within the meaning of any of the following sections that the inspector or police officer has reasonable grounds for suspecting to be connected with the commission of an offence against the section:

        (a)     section 139 (Consumption of liquor in certain public places);

        (b)     section 152 (Sale or supply of liquor to under-age people);

        (c)     section 153 (Offence by licensee for possession or consumption of liquor by under-age people);

        (d)     section 154 (Buying, possession and consumption of liquor by
under-age people);

        (e)     section 155 (Sending under-age people to obtain liquor).

    (3)     An inspector or police officer must not seize liquor that he or she has reasonable grounds for suspecting to be connected with the commission of an offence against section 139 unless he or she has informed the person in possession of the liquor of the reason why the liquor is being seized.

    (4)     An inspector is not authorised to seize liquor from a person if, on being requested by the person to produce his or her identity card, the inspector fails to do so.

    (5)     For this section—

        (a)     a beverage in a container that purports to contain liquor; or

        (b)     a beverage that there are reasonable grounds for believing has been taken from a container that purports to contain liquor; or

        (c)     a beverage that is held out as being liquor and that is or has been sold or held for the purpose of sale in premises where the sale of liquor is authorised;

is taken to be liquor unless the contrary is established.



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