New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 151

151 Search warrants

(2) A member of the police force may apply to an authorised officer for a search warrant if the member of the police force has reasonable grounds for believing:

(a) that liquor has been sold, or is held for sale, on any premises (not being premises on which a person is authorised by this Act to sell liquor or premises that are the defined premises of a registered club), or

(b) that liquor other than Australian wine has been sold, or is held for sale, at any premises (being premises to which an off-licence for a vigneron relates).

(2A) An authorised officer to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the police force to enter and search the premises.

(2B) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(3) A member of the police force who enters any premises pursuant to a search warrant issued under this section may search the premises and:

(a) where the premises are premises referred to in subsection (2) (a)-may seize any liquor that he or she finds on those premises and the vessels in which it is contained,

(b) where the premises are premises referred to in subsection (2) (b)-may seize any liquor other than Australian wine that he or she finds on the premises and the vessels in which it is contained,

(c) may seize any books of account and documents that may reasonably be suspected to relate to:

(i) the sale or supply of liquor, or

(ii) the business of an unregistered club (other than a racing club that is authorised by a licence to sell liquor), and

(d) if the premises are the premises of an unregistered club (other than the licensed premises of a racing club)-may require any person on the premises to state his or her name and address.

(4) Where any liquor is seized under subsection (3), a Magistrate or licensing magistrate shall, on the application of a member of the police force or of his or her own motion, issue a summons calling upon the owner of the liquor or the occupier of the premises whereon it was seized to appear before the court and show how and for what purpose the owner or occupier came into possession of the liquor.

(5) Where a person summoned under subsection (4) appears in response to the summons, or if he or she fails so to appear, the court shall inquire into the matter and shall:

(a) if satisfied that the liquor was on the premises on which it was seized for the purpose of being illegally sold-order the forfeiture to the use of the Crown of the liquor and the vessels in which it is contained, or

(b) if not so satisfied-order the return to the person summoned of the liquor and the vessels in which it is contained.