New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 152

152 Forfeiture of liquor and other things

(1) Where, in proceedings for an offence under section 121 (1) (b), the holder of an off-licence is found guilty of having sold liquor that he or she is not authorised by his or her licence to sell, there shall be forfeited to the use of the Crown all liquor (other than liquor he or she is authorised by his or her licence to sell) found, at the time of the commission of the offence, in his or her possession or apparently under his or her control together with the vessels in which the liquor is contained.

(2) Where, in proceedings for an offence under section 122 (1), a person is found guilty of having committed the offence, there shall be forfeited to the use of the Crown all liquor found, at the time of the commission of the offence, in his or her possession or apparently under his or her control, or in the place where the offence was committed, together with the vessels in which the liquor is contained.

(3) Where, in proceedings for an offence under section 135, a person is proved to have committed the offence, there shall be forfeited to the use of the Crown:

(a) all liquor that, in contravention of that section, was being, by the offender, carried about for sale, offered or exposed for sale or carried to any place for the purpose of sale together with the vessels in which the liquor is contained, and

(b) any vehicle, boat or other conveyance in which the liquor was so carried, offered or exposed.

(3A) If a licence is cancelled under this Act, there is forfeited to the use of the Crown all liquor found, not earlier than 7 days after the cancellation takes effect, in the former licensee’s possession on the former licensed premises, together with the vessels in which the liquor is contained.

(4) A member of the police force may seize and carry away anything that he or she reasonably suspects may be liable to forfeiture under this section.

(5) A special inspector may seize and carry away any liquor, together with the vessels in which the liquor is contained, that the special inspector reasonably suspects may be liable to forfeiture under this section.