Australian Capital Territory Current Acts

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LIQUOR ACT 2010 - SECT 201

Seizure of liquor in public places

    (1)     This section applies if an authorised person suspects on reasonable grounds that—

        (a)     a person (the possessor ) is in possession of liquor or low-alcohol liquor; and

        (b)     the liquor or low-alcohol liquor is connected with the commission of an offence against section 199 or section 200.

    (2)     The authorised person may seize the liquor or low-alcohol liquor from the possessor if the authorised person has told the possessor—

        (a)     that the authorised person suspects the liquor or low-alcohol liquor is connected with the commission of an offence against section 199 or section 200; and

        (b)     the grounds for the suspicion.

    (3)     If an authorised person seizes liquor or low-alcohol liquor under subsection (2), the authorised person may dispose of the liquor or low-alcohol liquor.

    (4)     However, the authorised person must not dispose of the liquor or low-alcohol liquor under subsection (3) if the possessor indicates in any way that the possessor believes the authorised person's grounds for the suspicion are incorrect.

    (5)     If an authorised person disposes of liquor or low-alcohol liquor under subsection (3)—

        (a)     the possessor must not be prosecuted for an offence in relation to the liquor or low-alcohol liquor; and

        (b)     a caution must not be issued to the possessor in relation to any act done in relation to the liquor or low-alcohol liquor.



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