LIQUOR CONTROL ACT 1988 - SECT 154
LIQUOR CONTROL ACT 1988 - SECT 154
154 . Authorised officers, powers of entry etc., offences as to
(1) An authorised
officer may, at any reasonable time, and in the case of an inspector on
production of the certificate furnished under section 14 —
(a)
enter licensed premises or regulated premises; and
(b)
inspect licensed premises or regulated premises; and
(c)
examine each room and part of the premises; and
(d) take
an account of any or all liquor that is on the premises; and
(e)
demand, select, obtain and carry away any sample of that liquor, subject to
—
(i)
the sample being sealed in the presence of the licensee
or person in charge of the premises and, if the licensee or that person so
requires, by the licensee or that person; or
(ii)
reasonable payment being made or tendered for the sample;
and
(f)
require the licensee or a manager of the premises to provide any information
or assistance reasonably required by the authorised officer relating to any
matter within the duties of the licensee or manager; and
(g)
require any person having possession of records relevant to a subsidy, a
business conducted under a licence, or to transactions involving the sale or
purchase of liquor, to produce those records for inspection; and
(h)
require any person who is in a position to provide information relating to a
subsidy, or to the sale, purchase or supply of liquor to answer any question
put to that person by the authorised officer on that subject.
(2) An authorised
officer may —
(a)
examine records produced under this section; and
(b) make
copies of, or take extracts from, any such records; and
(c)
retain the records for such reasonable period as may be necessary for the
purposes of this Act.
(3) A person who
—
(a)
hinders an authorised officer in the exercise of powers conferred by this Act;
or
(b)
fails, without reasonable excuse, to comply with a requirement of an
authorised officer, under this Act; or
(c)
fails, without reasonable excuse, to answer, to the best of his or her
knowledge, information and belief, a question put to him or her by an
authorised officer; or
(d)
impersonates an authorised officer,
commits an offence.
Penalty: a fine of $10 000.
(4) In this section
licensed premises includes any premises used by a licensee in connection with
the business carried on under the licence.
(5) Subject to
subsection (6), a person may decline to answer a question if the answer would
tend to incriminate that person of an offence.
(6) Where a question
put to a person under this Act is relevant to the assessment of a subsidy, a
person is not excused from answering the question on the ground that the
answer to the question would tend to incriminate the person but, where a
person objects to answering a question on that ground, the answer is not
admissible in evidence in criminal proceedings (except proceedings for an
offence against this Act).
(7) The powers
conferred by this section may be exercised also in relation to transactions
which occurred prior to the coming into operation of this section.
(8) The regulations
may define duties for inspectors or other authorised officers and may
prescribe the modes, times and conditions of the performance of those duties.
(9) The Director,
subject to the consent of the Commissioner of Police may delegate to a police
officer of or above the rank of sergeant, or a police officer in charge of a
police station, in a prescribed place other than the metropolitan area, any of
the functions of an inspector under this Act.
[Section 154 amended: No. 56 of 1997 s. 47; No. 12
of 1998 s. 97(1) and (3); No. 73 of 2006 s. 110; No. 56 of 2010 s. 25 and 69;
No. 25 of 2023 s. 21(1).]