Northern Territory Consolidated Acts

LIQUOR ACT - SECT 95

(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 is guilty of 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: 100 penalty units.

(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 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.

(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)).