HOUSING ACT 1982 - SECT 28G Power to seize a dangerous article or a container of liquor
HOUSING ACT 1982 - SECT 28G
Power to seize a dangerous article or a container of liquor(1) This section applies when a public housing safety officer is on public housing premises.
(2) The public housing safety officer may seize an article or container (a seized item ) if:
(a) the officer reasonably believes the article is a dangerous article or the container contains liquor; and
(b) the article or liquor is located on common property or a common area within the public housing premises; and
(c) the article or liquor is not under the immediate control of an adult.
(3) In addition, the public housing safety officer may seize any container (also a seized item ) if:
(a) the officer reasonably believes the container contains liquor; and
(b) the container is located anywhere within the public housing premises; and
(c) if the container does contain liquor, its location within those premises is in contravention of section 173, 183 or 189 of the Liquor Act 2019 .
(4) The public housing safety officer who seized it must:
(a) for a seized item that is a dangerous article:
(i) retain the dangerous article; or
(ii) give the article to a police officer; or
(b) for seized item that is a container of liquor:
(i) if it is open – empty the container immediately; or
(ii) otherwise – retain the container or give it to a police officer.
(5) The public housing safety officer must affix a receipt about the seizure of a seized item to something at the place of seizure.
(6) Within 3 months after the date of seizure of a seized item, a public housing safety officer must return it to a person who claims to be the owner and whom the officer reasonably believes is the owner.
(7) If a seized item is not returned under subsection (6), it is forfeited to the Territory on the day after the end of the 3 month period.
(8) Subsections (6) and (7) do not apply if, during the 3 month period, a public housing safety officer or a police officer decides, in writing, that the seized item must be retained as evidence of an offence.