Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts5. Section 17A of the Principal Act is repealed and the following sections are substituted:
“17A. (1) An inspector or police officer may seize as much of any liquor that he or she has reasonable grounds for suspecting to be connected with the commission of an offence against this Act as is, in the opinion of the inspector or officer, necessary for the purposes of adducing evidence of the commission of the offence at the hearing of a prosecution for the offence.
“(2) Subject to subsection (3), an inspector or police officer may seize any liquor which he or she has reasonable grounds for suspecting to be connected with the commission of an offence against section 80, 81, 82 or 84, being liquor within the meaning of that section.
“(3) An inspector or police officer shall not seize liquor that he or she has reasonable grounds for suspecting to be connected with the commission of an offence against section 84 unless he or she has informed the person in possession of the liquor of the reason why the liquor is being seized.
“(4) An inspector is not authorised to seize liquor from a person if, on being requested by the person to produce his or her identity card, the inspector fails to do so.
“(5) For the purposes of this section—
(a) a beverage in a container that purports to contain liquor;
(b) a beverage that there are reasonable grounds for believing has been taken from a container that purports to contain liquor; or
(c) a beverage that is held out as being liquor and that is or has been sold or held for the purpose of sale in premises at which the sale of liquor is authorised;
shall be taken to be liquor unless the contrary is established.
“17AB. (1) An inspector or police officer who seizes liquor in accordance with section 17A shall give a receipt for the liquor to the person from whom it was seized as soon as is practicable unless in all the circumstances it would be unreasonable to expect a receipt to be given.
“(2) On the request, made within 14 days after the liquor is seized—
(a) if the person is, or is reasonably believed to be, under 18 years of age—of the person or a parent or guardian of the person; or
(b) in any other case—of the person from whom it was seized;
the inspector or police officer shall give a sample of the liquor to the person who made the request.
“(3) When giving a sample, the inspector or police officer shall—
(a) put the sample (being a quantity of the liquor that is sufficient for the purposes of analysis) in a container; and
(b) seal the container and affix to it a label bearing—
(i) the signature of the inspector or officer, as the case requires;
(ii) particulars of the place where the liquor was seized; and
(iii) particulars of the date on which and the time at which the liquor was seized.
“(4) If a prosecution for an offence in relation to the liquor is not instituted within the period of 60 days after its seizure—
(a) if the inspector or officer who seized the liquor is satisfied that the person from whom it was seized is 18 years of age or more—reasonable steps shall be taken to return the liquor to the person within the period of 120 days after its seizure; or
(b) if the person from whom the liquor was seized is, or is reasonably believed to be, under 18 years of age—on the request (made within that period of 120 days) of a parent or guardian of the person, the liquor shall be returned to the parent or guardian, within 14 days after the request was made, or within 14 days after the end of that period of 60 days, whichever is later.
“(5) If a person is convicted of an offence in relation to the seized liquor, or the liquor is not returned pursuant to subsection (4), the liquor is forfeited to the Territory and may be disposed of as the Minister directs.
“(6) For the purposes of this section—
(a) a beverage in a container that purports to contain liquor;
(b) a beverage that there are reasonable grounds for believing has been taken from a container that purports to contain liquor; or
(c) a beverage that is held out as being liquor and that is or has been sold or held for the purpose of sale in premises at which the sale of liquor is authorised;
shall be taken to be liquor unless the contrary is established.
“(7) This section does not apply in relation to liquor dealt with in accordance with section 17AC.
“17AC. (1) Where an inspector or police officer has informed a person in accordance with subsection 17A (3) of the reason why liquor is being seized, the inspector or officer may dispose of the liquor as soon as is practicable unless the person indicates by any means whatever that he or she believes that the reason given by the inspector or officer is incorrect.
“(2) Where liquor is disposed of under subsection (1)—
(a) the person from whom it was seized shall not be prosecuted for an offence in relation to the liquor; and
(b) a caution shall not be issued to the person in relation to any act done in relation to the liquor.”.