AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 58A

Power to search for liquor

(1)  Where a police officer has reasonable grounds to suspect that a person is contravening or is about to contravene section 13(1) , (2) , (2A) , (2B) , (2C) or (3) , section 25 or section 26 , the police officer may–
(a) detain and search that person; and
(b) seize any liquor found in the possession of that person.
(2)  A police officer may at any time dispose of any liquor seized under subsection (1) that is in an opened or unsealed container.
(3)  If any liquor seized under subsection (1) in relation to an offence against section 13(1) , (2) or (3) , section 25 or 26 is in an unopened or sealed container, the person from whom the liquor was seized is entitled to have the liquor returned to him or her on request made at least 2 days and not more than 7 days after the liquor was seized.
(4)  A request under subsection (3) is to be made to a police officer at the police station nearest to the place where the liquor was seized or at such other police station as a police officer may reasonably direct.
(5)  Where a request is made under subsection (3) , a police officer must make the liquor to which the request relates available for collection by the person who made the request on the next day when the relevant police station is open to the public and during the hours when it is so open or at such other time as may be agreed.
(6)  A police officer may dispose of any liquor referred to in subsection (3) that is not the subject of a request under that subsection or that is not collected as mentioned in subsection (5) .



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