Northern Territory Consolidated Acts

LIQUOR ACT - SECT 19

(1) An inspector with such assistance as he considers necessary may, with such force as is reasonably necessary, at any time when premises are open for the sale of liquor, enter and inspect those premises.

(2) An inspector who enters licensed premises in pursuance of subsection (1) may not enter a private room of those premises without the prior consent of the occupant, the licensee or a person who is apparently in charge of those licensed premises unless the inspector has reasonable grounds for believing that an offence against this Act has occurred, is occurring or is likely to occur in that room.

(3) An inspector with such assistance as he considers necessary may, with such force as is reasonably necessary, at any time, enter and inspect premises when there are reasonable grounds for believing that:

(a) liquor is being sold on those premises;

(b) liquor is being kept for sale on premises which are not licensed premises within the meaning of this Act; or

(c) an offence against this Act has occurred, is occurring or is likely to occur on those premises.

(4) An inspector who enters premises in pursuance of this section is not authorized to remain on those premises if, on the request by the person apparently in charge of those premises, he does not produce the identity card referred to in section 18(3).

(5) An inspector who enters premises in pursuance of this section may:

(a) examine, take stock of and take samples of any liquor on the premises;

(b) inspect any books, documents or other papers on the premises;

(c) remove any books, documents or papers from the premises for the purpose of having copies made;

(d) seize and remove any liquor on the premises which he has reasonable grounds to believe is evidence of or otherwise relates to an offence against this Act; and

(e) require a person on the premises to provide his name and address and date and place of birth, evidence of his age and the name or identity of the seller or supplier of any liquor in the person's possession.

(6) An inspector may retain a book, document or paper removed from premises in pursuance of subsection (5) for so long as is reasonably necessary for the purpose of having copies of the book, document or paper made.

(7) An inspector who takes a sample of liquor in pursuance of subsection (5) shall:

(a) divide the sample so taken into approximately equal parts and put each part in a sealed container to which is affixed a label bearing:

(i) the signature of the inspector;

(ii) particulars of the premises on which the sample was taken; and

(iii) particulars of the date and time when the sample was taken; and

(b) deliver one of the containers to the person apparently in charge of the premises for the time being and deliver the other container to an approved analyst.

(8) In any proceedings in a court in respect of an offence against this Act, a certificate that purports to have been signed by an approved analyst and states the result of an analysis of the contents of a container delivered to him by an inspector is evidence of the matters stated in the certificate.

(9) A person shall not, except in the course of his duty under this Act or in the course of proceedings in a court in respect of an offence against this Act, divulge to another person information that he has acquired by reason of the inspection of books, documents or papers in pursuance of this section.

(10) The provisions of this section, other than subsection (4), apply to and in relation to a member of the Police Force as if the member were an inspector.

(10A) The provisions of Division 3 of Part VIII apply to any liquor seized under subsection (5) as if it was seized under that Division.

(11) In this section:

approved analyst means a person approved by the Commission for the purposes of this section.

liquor for the purposes of subsections (5) and (7), includes any liquid in respect of which there are reasonable grounds for believing the liquid to contain alcohol.

private room means a room forming part of licensed premises which is used predominantly for purposes other than:

(a) the storage, sale or consumption of liquor; or

(b) the preparation, sale or consumption of food,

in the operation or management of those premises as licensed premises.