Northern Territory Consolidated Acts

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUMMARY OFFENCES ACT - SECT 45H

Powers of police officers

45H. Powers of police officers

(1) A member may, where he has reason to believe that an offence has been committed against section 45D, whether or not he makes a complaint or issues a notice under section 45G, seize any opened or unopened cask, flask, bottle, can or other container in the possession of a person whom he believes to be contravening section 45D.

(2) A member shall not seize an unopened cask, flask, bottle, can or other container under subsection (1) unless he has reason to believe it to be a source of liquor from which the person is likely to continue to drink on that or another place or land to which section 45D applies.

(3) Where a member has seized a cask, flask, bottle, can or other container under subsection (1), the member shall:

(a) in the case where the cask, flask, bottle, can or container is opened - immediately empty it, unless the member believes that doing so would provoke or incite a disturbance or disorderly behaviour; or

(b) in the case:

(i) where it is unopened; or

(ii) where it is opened but the member has the belief referred to in paragraph (a),

take the liquor, or cause it to be taken, to the police station to which the member is attached, where it shall be destroyed.

(4) For the purposes of this section, an opened or unopened cask, flask, bottle, can or other container which:

(a) is in the immediate vicinity, or in the possession of any other person in the immediate vicinity, of the person the member believes to have committed an offence against section 45D; and

(b) the member has reason to believe is a source of liquor from which the person is likely to continue to drink on that or another place or land to which section 45D applies,

shall, whether or not owned by or in the possession or control of the person the member believes to have committed the offence, be taken to be in the possession of the person.

(5) Where liquor is destroyed in pursuance of this section, any interest in the liquor is, by virtue of the destruction, converted into an interest in the money equivalent to the value of the liquor.



[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]