Liquor Control Act 1988

If a justice is satisfied, upon an application supported by evidence on oath, that there is reason to suspect that liquor is kept on any premises for purposes contravening section 109, 110 or 111 the justice may, by warrant in the prescribed form, empower any authorised officer, and any other person requested by that authorised officer to assist, to —

enter those premises; and

use such force as may be reasonably necessary for entry or for breaking open any receptacle or other thing on the premises; and

search for and seize any liquor, or any containers or packaging believed to contain any liquor, or any vessels used or believed to be used for the consumption of any liquor, or any records or other article, found on the premises and believed on reasonable grounds to have been involved in the commission of any offence specified in the warrant or any other offence against this Act; and

to deliver any records taken into the possession of the Director or a person authorised by the Director to receive them.

An authorised officer who executes a search warrant shall carry the warrant with him or her, and shall produce it for inspection —

on first entering the premises, to the person appearing to be in charge of the premises; and

whenever subsequently required to do so on the premises by any other person appearing to be in charge of the premises or any part of the premises.

A search warrant —

may be directed to an authorised officer by name or to every authorised officer, but in either case may be executed by any police officer; and

may be made subject to conditions imposed by the justice when issuing the warrant; and

shall have effect for 14 days or, if a particular purpose is specified in the warrant, until the purpose is satisfied.

Where the occupier of the premises is not present at the time the search warrant is executed, the authorised officer shall leave in a prominent place on the premises a written statement of the time and date of the search, and of that person’s name and the address to which enquiries should be made.

Where any thing is seized in execution of a search warrant, the authorised officer executing the warrant shall leave in a prominent place on the premises, or send to the occupier within 10 days after the date of the search, a written inventory of all of the things that were seized.

If, under this section, a person takes possession of or secures against interference any records, that person or any person into whose possession they were delivered under subsection (1)(e) —

may make copies of or take extracts from the records; and

may retain possession of the records for such period as is necessary to enable them to be inspected, and copies to be made of or extracts to be taken from them, by or on behalf of the Director; and

during that period must permit a person who would be entitled to inspect any one or more of those records, if they were not in the possession of the Director or a person authorised by the Director, to inspect at all reasonable times such of those records as that person would otherwise be entitled to inspect.

A person who hinders or obstructs a person executing a warrant under this section commits an offence.