Australian Capital Territory Numbered Acts

LIQUOR (AMENDMENT) ACT (NO. 2) 1994 (NO. 111 OF 1994) - SECT 6

6. Section 17B of the Principal Act is amended—

    (a)     by inserting in paragraphs (1) (c) and (2) (c) “subject to subsection (2AA),” before “require”;

        (b)     by inserting after subsection (2) the following subsection:

“(2AA) An inspector shall not make a requirement of a person under paragraph (1) (c) or (2) (c) unless immediately before making the request the inspector displays his or her identity card to the person.”;

        (c)     by inserting after subsection (2A) the following subsection:

“(2B) Where, in response to a requirement made of him or her under paragraph (1) (c) or (2) (c), a young person produces to an inspector or police officer a form of identification (other than a passport) that the inspector or officer has reasonable grounds for suspecting does not belong to the young person or is forged, the inspector or officer may seize that form of identification.”;

    (d)     by omitting from paragraph (3) (a) “and”;

    (e)     by adding at the end of paragraph (3) (b) “and”;

    (f)     by adding at the end of subsection (3) the following paragraph:

    “(c)     deliver to the police officer any form of identification seized under subsection (2B).”; and

    (g)     by adding at the end the following subsections:

“(5) Where—

        (a)     an inspector seizes a form of identification under subsection (2B) and does not apprehend the young person from whom the identification is seized;

        (b)     a police officer seizes a form of identification under subsection (2B); or

        (c)     a police officer has a form of identification delivered to him or her in accordance with paragraph (3) (c);

the inspector or police officer shall take such action as is necessary and reasonable to determine whether the form of identification belongs to the young person from whom it was seized or is forged.

“(6) If, after taking action under subsection (5), the inspector or officer is satisfied that the form of identification does belong to the young person from whom it was seized and is not forged, he or she shall return the form of identification to the young person as soon as is practicable.”.