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LIQUOR CONTROL REFORM ACT 1998 - SECT 130 Powers of authorised persons

LIQUOR CONTROL REFORM ACT 1998 - SECT 130

Powers of authorised persons

    (1)     An authorised person may do any one or more of the following—

        (a)     require any person in possession of, or having control of, any document, equipment or other thing relating to an activity regulated by this Act to produce the document, equipment or other thing for inspection and to answer questions or provide information relating to the document, equipment or other thing;

        (b)     inspect any document, equipment or other thing referred to in paragraph (a);

        (c)     take copies of, extracts from, or notes relating to, any document inspected under paragraph (b);

        (d)     if the authorised person considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any document, equipment or other thing;

        (e)     by written notice require—

              (i)     the holder of a licence or BYO permit or other authorisation under this Act; or

              (ii)     an employee of a person referred to in subparagraph (i); or

              (iii)     any other person associated with operations or their management in premises the authorised person is authorised to enter—

to attend before the authorised person at a specified time or place and answer questions, or to provide information within a reasonable period specified in the notice, with respect to any activity regulated by this Act;

        (f)     examine and test any equipment referred to in paragraph (a) and order the person in charge of the equipment to withdraw it from use if it is unsatisfactory for use;

        (g)     any other thing authorised by this Act to be done by an authorised person.

    (2)     If an authorised person seizes any thing under this section, it may be retained by the authorised person until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but only if, in the case of a document, the person from whom the document was seized is provided, within a reasonable time after the seizure, with a copy of the document certified by an authorised person as a true copy.

    (3)     Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.

    (4)     A copy of a document provided under subsection (2) is, as evidence, of equal validity to the document of which it is certified to be a copy.

S. 130A inserted by No. 92/2004 s. 33, substituted by No. 8/2009 s. 19.