Liquor Control Act 1988

The Commissioner of Police shall issue all such orders, and give all such directions, to members of the Police Force as may, in the opinion of the Commissioner, be necessary to —

prevent any sale, supply or consumption of liquor that contravenes this Act; and

ensure the proper and lawful exercise of any licence granted or permit issued under this Act; and

ensure the lawful and orderly conduct of licensed premises and of unlicensed premises on which liquor may be publicly consumed and ensure the good behaviour of persons present on those premises; and

provide for the making of such reports to, and the bringing of such applications, complaints and objections before, the Director as may be necessary or required for the proper administration of this Act.

Nothing in this section shall be read or construed as limiting any power or authority conferred on a police officer by any other Act or law.

Where a police officer suspects on reasonable grounds that on any premises, whether or not licensed premises —

liquor is being sold, supplied, consumed or stored unlawfully, or an offence against this Act is otherwise being committed; or

that there is on licensed or other premises evidence of an offence against this Act,

A police officer may seize any liquor, including any container or packaging, suspected on reasonable grounds of having been illegally sold, supplied, consumed or stored, or to be in the possession of a person unlawfully or for an unlawful purpose, and which may be required as evidence for the purpose of proceedings in respect of an offence under this Act or be liable to forfeiture under this Act.

Subject to section 161, sections 146 to 150 of the Criminal Investigation Act 2006, with any necessary changes, apply to and in respect of seizing a thing that is or may be seized under this Act.

If a person is contravening section 109A(2) a police officer may, subject to subsection (5B), seize an opened or unopened container of liquor involved in the contravention.

The total quantity of a kind of liquor in any containers seized under subsection (5A) must not exceed the seizable quantity for that kind of liquor.

In subsection (5B) —

If a person is contravening section 110(4A) a police officer may seize an opened or unopened container of liquor involved in the contravention.

If a person is contravening section 119 a police officer may seize a container of liquor in the person’s possession if —

the container is opened; or

the container is unopened and either —

the person is consuming liquor during a period, and in an area, specified in a special event notice under section 126E; or

the police officer suspects on reasonable grounds that the person has caused, is causing or is likely to cause, undue offence, annoyance, disturbance or inconvenience to other persons in the vicinity.

If a person is contravening section 152O(1) a police officer may seize an opened or unopened container of liquor involved in the contravention.

In a banned drinker area, a police officer may seize from a person who is a banned drinker —

if the person is on licensed premises — liquor that the person purchased as packaged liquor; or

otherwise — an opened or unopened container of liquor in the person’s possession.

If a police officer suspects on reasonable grounds that a juvenile is contravening a provision of this Act, the officer may seize any opened or unopened container that the officer suspects on reasonable grounds relates to that contravention.

Despite subsection (5), a police officer who seizes a container of liquor under subsection (5A), (6), (7), (8), (8A) or (9A) must dispose of it as soon as is practicable after it is seized.