Police Powers and Responsibilities Act 2000

Subsection (2) applies if—

a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against any of the following at a place—

Liquor Act 1992, section 157(2), 164, 168B, 168C or 173B;

Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34 or 38(2)(e) or (3)(e) or (f); and

the police officer reasonably suspects an opened container of liquor at the place in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of the offence by the person.

The police officer may seize—

the opened container and its contents; and

any unopened container of liquor at the place, and its contents, the police officer reasonably suspects relates to, or is contributing to, or is likely to contribute to, the commission of an offence against a provision mentioned in subsection (1) at the place by the person or another person.

Also, if—

a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against the Liquor Act 1992, section 156(2) at a place; and

the police officer reasonably suspects that liquor, whether in opened or unopened containers, in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of an offence at any place by the person or another person;

the police officer may seize the liquor, including any container of the liquor.

A police officer may dispose of anything seized under subsection (2) or subsection (2A) in the way the police officer considers reasonably necessary to prevent the commission, continuation or repetition of the offence.Example for subsection (3)—The police officer may empty an opened can of beer found by the police officer being consumed by a person in contravention of a provision mentioned in subsection (1) or an unopened can of beer likely to be consumed in contravention of a provision mentioned in subsection (1).

If the police officer exercises the power under subsection (2) or subsection (2A)—

the thing is taken to have been forfeited to the State immediately after the officer seized it; and

chapter 21, part 2, division 3 and chapter 21, part 3 do not apply to the thing.

For this section, a reference in a provision of an Act mentioned in subsection (1) or subsection (2A) to alcohol or liquor is taken to include a reference to methylated spirits.

In this section—liquor means—

liquor, as defined in the Liquor Act 1992, section 4B; or

methylated spirits.

opened container includes a container that has been opened, even if it is closed at the material time and regardless of whether or not some of its contents have been removed.