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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.