Liquor Act Flashcards
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.
101AB Police powers of search and seizure
(1) If a police officer believes on reasonable grounds that a relevant offence has been, is being, or is likely to be, committed by a person in a public restricted area, the officer may, without a warrant:
(a) search the person; and
(b) seize any opened or unopened container in the area that the officer has reason to believe contains liquor.
(2) A person may only be searched under subsection (1)(a) by someone who is of the same gender as the person.
(3) A police officer who seizes a container under subsection (1)(b) may immediately:
(a) empty the container if it is opened; or
(b) destroy the container (including the liquor in it) if it is unopened.
(4) The officer must ensure that any containers covered by subsection (3)(a) that are not emptied, and any containers covered by subsection (3)(b) that are not destroyed, are taken to a police station, where they must be destroyed.
101AN 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 special restricted area);
(ii) stop, enter, search, remove and retain a vehicle, vessel or aircraft (whether or not it is in the special 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 special 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 any 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.
101L Offences in relation to restricted premises
(1) A person must not:
(a) bring liquor onto restricted premises; or
(b) have liquor in the person’s possession on restricted premises; or
(c) consume liquor on restricted premises.
Maximum penalty: 100 penalty units.
(1A) An offence against subsection (1) is an offence of strict liability.
(2) Subsection (1) does not apply in relation to liquor on restricted premises belonging to a religious body and used for public worship if the liquor is intended for use in connection with the celebration of the Holy Communion or any other religious service.
(3) Subsection (1)(a) or (b) does not apply to a person who is passing through an area of restricted premises, open to and used by the public, in possession of an unopened container of liquor intended for consumption elsewhere
101M Police powers of entry, search and seizure
(1) If a police officer believes on reasonable grounds a person is contravening section 101L(1), the police officer may, without a warrant:
(a) enter the restricted premises; and
(b) search the premises and any person on the premises; and
(c) in accordance with this section, seize any opened or unopened container the police officer has reason to believe contains liquor.
(2) A person may only be searched under subsection (1)(b) by someone who is of the same gender as the person.
(3) A police officer who seizes a container under subsection (1)(c) may immediately:
(a) empty the container if it is opened; or
(b) destroy the container (including the liquor in it) if it is unopened.
(4) The officer must ensure that any containers covered by subsection (3)(a) that are not emptied, and any containers covered by subsection (3)(b) that are not destroyed, are taken to a police station, where they must be destroyed.
101N Service of contravention notice
(1) A police officer may serve a restricted premises contravention notice on a person believed on reasonable grounds to have contravened section 101L(1) if the officer:
(a) has seized one or more unopened containers of liquor under section 101M; and
(b) does not intend to make a complaint or serve an infringement notice for the alleged offence.
(2) The contravention notice must contain the following information:
(a) the name of the alleged offender;
(b) the date, time and place of the alleged offence;
(c) a description of the alleged offence and the circumstances causing the police officer to believe an offence was being committed against section 101L(1);
(d) a description of the liquor seized by the police officer including, if possible, the type and quantity;
(e) the name and rank of the police officer and the name of the police station to which the police officer is attached;
(f) a statement that the alleged offender may choose to have the matter dealt with by the Court of Summary Jurisdiction by making an application under section 101Q.
(3) The police officer in charge of the police station referred to in the contravention notice must send a copy of the notice to the Court of Summary Jurisdiction.
101T Regulated place
(1) A place is a regulated place for the consumption of liquor if the place is within 2 km of licensed premises and is:
(a) in a public place; or
(b) on private premises from which the lawful occupier is absent at the time of the consumption.
(2) However, a place that would otherwise be a regulated place because of subsection (1) is not a regulated place for the consumption of liquor during a period when the consumption is permitted or authorised under:
(a) a special licence issued for the place; or
(b) an exemption certificate issued for the place; or
(c) an exemption notice for the place.
Note for section 101T
A place mentioned in subsection (2) is a regulated place during any period when the consumption of liquor is not permitted or authorised under the special licence, exemption certificate or exemption notice.
101Y Search and seizure
(1) If a police officer believes on reasonable grounds that a relevant offence is being committed by a person, the officer may, without a warrant:
(a) search the person; and
(b) seize any opened or unopened container in the person’s possession or immediate vicinity that the officer has reason to believe contains liquor.
(2) A person may be searched under subsection (1)(a) only by a police officer who is of the same gender as the person.
(3) A police officer who seizes a container under subsection (1)(b) may immediately:
(a) empty the container if it is opened; or
(b) destroy the container (including the liquor in it) if it is unopened.
(4) The police officer must ensure that any opened containers that are not emptied under subsection (3)(a), and any unopened containers that are not destroyed under subsection (3)(b), are taken to a police station, where they must be destroyed.
120F Declaration of a designated area
(1) The Minister may, by Gazette notice, declare an area of land to be a designated area if the Minister believes:
(a) alcohol-related violence has occurred in a public place in the vicinity of licensed premises within the designated area; and
(b) the exercise of powers under Division 3 or 4 in relation to the designated area is reasonably likely to be an effective way of preventing or reducing the occurrence of alcohol-related violence in the area.
(2) Before making a declaration under subsection (1), the Minister may consult with any person the Minister considers relevant for that purpose including, for example, the Commissioner of Police.
120J Police officer may give banning notice
(1) A police officer who suspects, on reasonable grounds, that a person is committing or has committed a specified offence wholly or partly in a designated area may give the person a notice banning the person, for a period specified in the notice, from:
(a) the designated area; or
(b) all licensed premises in the designated area.
(2) The period specified in the banning notice must not exceed 48 hours starting from the time the notice is given to the person.
(3) The police officer cannot give a banning notice to a person unless the officer:
(a) believes, on reasonable grounds, that giving the notice would be an effective and reasonable way of preventing the person from:
(i) continuing to commit the specified offence in the designated area; or
(ii) committing a further specified offence in the designated area; and
(b) considers the continuation of the commission of the specified offence or the commission of a further specified offence may involve or give rise to a risk of alcohol-related violence in the designated area.
(4) In determining whether there are reasonable grounds for his or her belief as mentioned in subsection (3)(a), the police officer must consider each of the following:
(a) the apparent state of health of the person to whom the notice is to apply;
(b) whether the person is likely to continue to commit the specified offence, or to commit a further specified offence, in the designated area;
(c) whether the person should be arrested or held in custody pending the hearing of any charges against the person in relation to the specified offence;
(d) whether the person is capable of comprehending the nature and effect of the notice;
(e) any other matter the officer considers is relevant.
(5) Despite anything to the contrary in a banning notice, it does not operate to prevent the banned person from entering or remaining in, or attempting to enter or remain in:
(a) for a banning notice that bans the person from a designated area – the designated area or licensed premises in the specified designated area for the purpose of the banned person residing in or attending his or her usual place of residence or work in the designated area; or
(b) for a banning notice that bans the person from all licensed premises in a designated area – licensed premises in the designated area for the purpose of the banned person residing in or attending his or her usual place of residence or work in the licensed premises.
(6) No more than one banning notice may be given to a person banning the person from a designated area, or all licensed premises in a designated area, in relation to the same specified offence.
(7) However, a banning notice banning the person from a designated area or all licensed premises in a designated area may be given to a person who is already a banned person under a banning notice for the same designated area or for all licensed premises in the designated area, if the subsequent notice is given in relation to a separate specified offence.
120K Particulars to be included in banning notice
A banning notice must state each of the following:
(a) the name of the person to whom the notice applies;
(b) the specified offence that the police officer who is giving the notice suspects the person is committing or has committed and the grounds for the suspicion;
(c) the name, rank and place of duty of the police officer giving the notice;
(d) the designated area in which the notice applies;
(e) the time when the notice is given to the person and the specified period for which it applies;
(f) whether the notice bans the person from the designated area or from all licensed premises in the designated area;
(g) for a notice that bans the person from a designated area – that each of the following applies subject to section 120J(5)(a):
(i) the person must not enter the designated area during the specified period;
(ii) if the person is in the designated area, the person must leave the designated area in accordance with any direction given by a police officer;
(iii) it is an offence not to comply with the notice or with a direction given by a police officer to leave the designated area;
(h) for a notice that bans the person from licensed premises in the designated area – each of the following applies subject to section 120J(5)(b):
(i) the person must not enter any licensed premises in the designated area during the specified period;
(ii) if the person is in any licensed premises in the designated area, the person must leave the licensed premises in accordance with any direction given by a police officer;
(iii) it is an offence not to comply with the notice or with a direction given by a police officer to leave the licensed premises;
(i) a copy of the notice and, if available, a photograph of the banned person may be provided to licensees of licensed premises in the designated area and persons employed in those premises for the enforcement of the notice;
(j) the notice may be varied by a police officer, or revoked by the police officer who gave the notice, under section 120M;
(k) the notice may be revoked under section 120R but only if a request is made under that section to the Commissioner of Police.
120L Requirements before giving banning notice
(1) If a police officer intends to give a banning notice to a person, the officer:
(a) must produce his or her police identification unless the officer is in uniform; and
(b) must inform the person of the officer’s intention of giving the notice; and
(c) may ask the person to state the person’s name and address.
(2) The person must not:
(a) fail to comply with the request without a reasonable excuse; or
(b) state a name that is false in a material particular; or
(c) state an address other than the full and correct address of his or her usual place of residence or work.
Maximum penalty: 5 penalty units.
(2A) An offence against subsection (2) is an offence of strict liability.
(3) However, the person may ask the police officer to state the officer’s name, rank and place of duty.
(4) The police officer must not:
(a) fail to comply with the person’s request for the officer’s name, rank and place of duty; or
(b) state a name or rank that is false in a material particular; or
(c) state as his or her place of duty an address other than the name of the police station that is the officer’s ordinary place of duty.
(5) If the person states a name and address in response to a request made under subsection (1) and the police officer suspects, on reasonable grounds, the stated name or address may be false, the officer may ask the person to produce evidence of the correctness of the name and address.
(6) The person must comply with the request.
Maximum penalty: 5 penalty units.
(6A) It is a defence to a prosecution for an offence against subsection (6) if the defendant establishes a reasonable excuse.
(7) It is not an offence for the person to fail to comply with a request made under subsection (1) or (5) if the police officer who made the request did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request.
(8) A contravention of subsection (1) or (4) by a police officer does not constitute an offence against this Act but may be dealt with under the Police Administration Act.
120M Variation or revocation of banning notice by police officer
(1) A police officer may vary a banning notice at any time by written notice given to the banned person stating the variation.
(2) However, a banning notice cannot be varied to extend the period for which the notice applies.
(3) The police officer who gave a banned person a banning notice may revoke it if the police officer considers it appropriate to do so.
120N Contravention of banning notice
(1) A banned person must not do any of the following in contravention of a banning notice that applies to the person:
(a) enter a designated area or licensed premises;
(b) remain in a designated area or licensed premises;
(c) attempt to enter or remain in a designated area or licensed premises.
Maximum penalty: 20 penalty units.
Note about when the banning notice does not operate to prevent certain actions
Under section 120J(5), a banning notice does not operate to prevent a person from entering or remaining in, or from attempting to enter or remain in, a designated area or licensed premises in a designated area for particular purposes. If a person enters or remains in, or attempts to enter or remain in a designated area or licensed premises for one of those purposes, the person does not contravene the banning notice.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse.
120P Direction to leave designated area or licensed premises
(1) This section applies if a police officer believes a banned person is in a designated area or licensed premises in contravention of a section 120N.
(2) The police officer may direct the banned person to leave the designated area or the licensed premises, including by specifying the way in which the person is to leave.
(3) The banned person must comply with the direction unless subsection (4) is not complied with.
Maximum penalty: 20 penalty units.
(3A) An offence against subsection (3) is an offence of strict liability.
(4) In exercising a power under subsection (2), a police officer must:
(a) produce his or her police identification unless the officer is in uniform; and
(b) inform the banned person the officer is empowered to give the direction and it is an offence to fail to comply with the direction; and
(c) make all reasonable attempts to ensure the banned person understands the direction.
(5) A direction under subsection (2):
(a) may be given orally or in writing; and
(b) must be reasonable in all the circumstances.
(6) A banned person does not contravene subsection (3) if the banning notice does not operate to prevent the person from entering or remaining in, or from attempting to enter or remain in, the designated area or licensed premises as mentioned in section 120J(5).
(7) A contravention of subsection (4) by a police officer does not constitute an offence against this Act but may be dealt with under the Police Administration Act.
