sec.69Evidence of homemade alcohol having regard to belief of police officer

### sec.69 Evidence of homemade alcohol having regard to belief of police officer This section applies if, in a proceeding for an offence against section 38 (2) (e) or (3) (e) or (f) , it is relevant to prove that a substance possessed or supplied by a person was homemade alcohol. In the absence of proof to the contrary, the substance is proved to be homemade alcohol if— there is evidence by a police officer that the police officer believed the substance was homemade alcohol; and the court considers the belief mentioned in paragraph (a) to be reasonably held by the police officer. For subsection (2) (a) it is sufficient for the police officer to believe— that the substance was alcohol by having regard to the conditions in which it was found or its odour; and that the alcohol was homemade by having regard to either or both of the following— its odour, or appearance, as compared to that of alcohol usually commercially available in Queensland; if the alcohol was in a container, that the police officer considers that the container was not of a type in which alcohol was usually commercially available to the public in Queensland. For subsection (2) (b) , a court may consider a belief formed as mentioned in subsection (3) to be reasonably held. Subsection (3) does not limit the matters that may form the basis for a police officer’s belief mentioned in subsection (2) (a) or the basis for a court to consider the police officer’s belief to be reasonably held. In this section— homemade alcohol has the same meaning as in part 5 . s 69 prev s 69 ins 1990 No. 104 s 13 om 2004 No. 37 s 86 sch 1 pres s 69 ins 2004 No. 38 s 13 amd 2008 No. 30 s 13 ; 2018 No. 27 s 93 (sec.69-ssec.1) This section applies if, in a proceeding for an offence against section 38 (2) (e) or (3) (e) or (f) , it is relevant to prove that a substance possessed or supplied by a person was homemade alcohol. (sec.69-ssec.2) In the absence of proof to the contrary, the substance is proved to be homemade alcohol if— there is evidence by a police officer that the police officer believed the substance was homemade alcohol; and the court considers the belief mentioned in paragraph (a) to be reasonably held by the police officer. (sec.69-ssec.3) For subsection (2) (a) it is sufficient for the police officer to believe— that the substance was alcohol by having regard to the conditions in which it was found or its odour; and that the alcohol was homemade by having regard to either or both of the following— its odour, or appearance, as compared to that of alcohol usually commercially available in Queensland; if the alcohol was in a container, that the police officer considers that the container was not of a type in which alcohol was usually commercially available to the public in Queensland. (sec.69-ssec.4) For subsection (2) (b) , a court may consider a belief formed as mentioned in subsection (3) to be reasonably held. (sec.69-ssec.5) Subsection (3) does not limit the matters that may form the basis for a police officer’s belief mentioned in subsection (2) (a) or the basis for a court to consider the police officer’s belief to be reasonably held. (sec.69-ssec.6) In this section— homemade alcohol has the same meaning as in part 5 . - (a) there is evidence by a police officer that the police officer believed the substance was homemade alcohol; and - (b) the court considers the belief mentioned in paragraph (a) to be reasonably held by the police officer. - (a) that the substance was alcohol by having regard to the conditions in which it was found or its odour; and - (b) that the alcohol was homemade by having regard to either or both of the following— (i) its odour, or appearance, as compared to that of alcohol usually commercially available in Queensland; (ii) if the alcohol was in a container, that the police officer considers that the container was not of a type in which alcohol was usually commercially available to the public in Queensland. - (i) its odour, or appearance, as compared to that of alcohol usually commercially available in Queensland; - (ii) if the alcohol was in a container, that the police officer considers that the container was not of a type in which alcohol was usually commercially available to the public in Queensland. - (i) its odour, or appearance, as compared to that of alcohol usually commercially available in Queensland; - (ii) if the alcohol was in a container, that the police officer considers that the container was not of a type in which alcohol was usually commercially available to the public in Queensland.