Northern Territory Consolidated Acts

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LIQUOR ACT - SECT 95

Powers of search and seizure

    (1)     An inspector may, without a warrant:

        (a)     do 1 or more of the following if the inspector reasonably suspects a relevant offence has been, or is being or likely to be, committed:

            (i)     enter and search an area of land (whether or not it is the general restricted area);

            (ii)     stop, enter, search, remove and retain a vehicle, vessel or aircraft (whether or not it is in the general restricted area);

            (iii)     stop, detain and search a person in connection with the exercise of a power under subparagraph (i) or (ii);

            (iv)     search a thing in connection with the exercise of a power under subparagraph (i), (ii) or (iii); and

        (b)     seize a thing found in connection with the exercise of a power under paragraph (a)(i), (ii), (iii) or (iv) that the inspector reasonably believes to be related to a relevant offence.

    (2)     In addition, an inspector may, without a warrant:

        (a)     do 1 or more of the following on a random basis for the detection of a relevant offence that has been, or is being or likely to be, committed:

            (i)     stop, enter, search, remove and retain a vehicle (whether or not it is in the general restricted area);

            (ii)     stop, detain and search a person (whether or not in connection with the exercise of a power under subparagraph (i));

            (iii)     search a thing in connection with the exercise of a power under subparagraph (i) or (ii); and

        (b)     seize a thing in connection with the exercise of a power under paragraph (a)(i), (ii) or (iii) that the inspector reasonably believes to be related to a relevant offence.

    (3)     A person commits an offence if the person:

        (a)     obstructs the exercise of a power under subsection (1) or (2); or

        (b)     fails to comply with a reasonable request made by the inspector for the purposes of exercising powers under subsection (1) or (2).

Maximum penalty:     50 penalty units or imprisonment for 6 months.

    (4)     It is a defence to a prosecution for an offence against subsection (3) if the person has a reasonable excuse.

    (5)     In exercising a power under this section, an inspector must carry an identity card provided by the Director-General that:

        (a)     states the name and office of the inspector; and

        (b)     contains:

            (i)     the signature of the inspector; and

            (ii)     a photograph of the inspector; and

            (iii)     the verification of the signature and photograph by the Director-General.

    (6)     If an inspector purports to exercise a power under this section without producing the inspector's identity card when requested to do so:

        (a)     the inspector is not authorised to exercise the power; and

        (b)     a person is not required to comply with a requirement made by the inspector.

    (7)     A person may only be searched under this section by someone who is of the same gender as the person.

    (8)     An inspector who seizes a container that the inspector reasonably believes contains liquor may immediately:

        (a)     empty the container if it is opened; or

        (b)     destroy the container (including its content) if it is unopened.

    (9)     If the container is not so emptied or destroyed, the inspector must ensure it is taken to a police station to be destroyed.

    (10)     The inspector may use any reasonable force or assistance in acting under this section.

    (11)     A police officer is taken to be an inspector for this section (except subsections (5) and (6)).

    (12)     In this section:

"obstruct" includes hinder and resist.



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