New South Wales Consolidated Acts

RESTRICTED PREMISES ACT 1943 - SECT 13A

13A Forfeiture or disposal of liquor, drug etc seized in disorderly houses and suspected premises

(1) Any liquor, drug, drinking glass, vessel, container or device seized either before or after the commencement of the Disorderly Houses (Amendment) Act 1943 in any disorderly house by a member of the Police Force in pursuance of powers conferred on the member by section 10 shall be forfeited to the Crown.

(2) Any person claiming to be the owner of any liquor, drug, drinking glass, vessel, container or device seized by a member of the Police Force so authorised by a search warrant under section 13 may:

(a) if such seizure was made before the commencement of the Disorderly Houses (Amendment) Act 1943 , within twenty-one days after such commencement, or

(b) if such seizure was made after such commencement, within twenty-one days of such seizure,

make application to a Magistrate for the return to the person of such liquor, drug, drinking glass, vessel, container or device.
Such Magistrate shall inquire into the matter and if it appears to the Magistrate that at the time of the seizure any of the conditions mentioned in section 3 obtained on the premises where the seizure was made, the Magistrate shall order the forfeiture of such liquor, drug, drinking glass, vessel, container or device, to the Crown.
If it appears to such Magistrate that at the time of the seizure any of the conditions mentioned in section 3 did not obtain on such premises, the Magistrate may order that the liquor, drug, drinking glass, vessel, container or device so seized be handed over to the owner or occupier of such premises or to such other person as may appear to the Magistrate to be the rightful owner.

(3) Any person who makes application to a Magistrate under subsection (2) shall, at least seven days prior to the hearing of such application, serve on a Superintendent or Inspector of Police a notice in writing of such application.

(4) Where, in respect of any liquor, drug, drinking glass, vessel, container or device seized by a member of the Police Force so authorised by a search warrant under section 13, no application is made under subsection (2) within the time prescribed by that subsection such liquor, drug, drinking glass, vessel, container or device shall be forfeited to the Crown.