QLDIn ForceAct
Liquor Act 1992
sec.178General powers of investigator in relation to places
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### sec.178 General powers of investigator in relation to places
An investigator who enters or boards a place under this part may exercise any of the following powers—
search any part of the place;
inspect, measure, test, examine, record, photograph or film anything in or on the place;
take extracts from, and make copies of, any documents in or on the place;
take a sample of or from a thing at the place for analysis to find out whether or not the thing is liquor;
take into or onto the place such persons, equipment and materials as the investigator reasonably requires for the purpose of exercising any powers in relation to the place;
require the occupier or any person in or on the place to give to the investigator reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (e) ;
the powers mentioned in sections 182 to 184 .
A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (f) .
Maximum penalty—50 penalty units.
It is a reasonable excuse for a person to fail to answer a question or produce a document (other than a document required to be kept by the person under this Act) if answering the question, or producing the document, might tend to incriminate the person.
An investigator who damages anything when exercising or purporting to exercise a power under this part must, as soon as practicable after damaging the thing, give written notice of particulars of the damage to the person who appears to the investigator to be the owner.
On the hearing of a proceeding for an offence against a prescribed provision or this Act or in a proceeding brought for the recovery of compensation under this subsection, a court may order the payment of compensation to a person for any loss resulting from the unreasonable exercise of powers under this part.
This section does not limit any power that an investigator has apart from this section.
s 178 amd 1999 No. 54 s 15 ; 2002 No. 47 s 69 ; 2014 No. 42 s 79
(sec.178-ssec.1) An investigator who enters or boards a place under this part may exercise any of the following powers— search any part of the place; inspect, measure, test, examine, record, photograph or film anything in or on the place; take extracts from, and make copies of, any documents in or on the place; take a sample of or from a thing at the place for analysis to find out whether or not the thing is liquor; take into or onto the place such persons, equipment and materials as the investigator reasonably requires for the purpose of exercising any powers in relation to the place; require the occupier or any person in or on the place to give to the investigator reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (e) ; the powers mentioned in sections 182 to 184 .
(sec.178-ssec.2) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (f) . Maximum penalty—50 penalty units.
(sec.178-ssec.3) It is a reasonable excuse for a person to fail to answer a question or produce a document (other than a document required to be kept by the person under this Act) if answering the question, or producing the document, might tend to incriminate the person.
(sec.178-ssec.4) An investigator who damages anything when exercising or purporting to exercise a power under this part must, as soon as practicable after damaging the thing, give written notice of particulars of the damage to the person who appears to the investigator to be the owner.
(sec.178-ssec.5) On the hearing of a proceeding for an offence against a prescribed provision or this Act or in a proceeding brought for the recovery of compensation under this subsection, a court may order the payment of compensation to a person for any loss resulting from the unreasonable exercise of powers under this part.
(sec.178-ssec.6) This section does not limit any power that an investigator has apart from this section.
- (a) search any part of the place;
- (b) inspect, measure, test, examine, record, photograph or film anything in or on the place;
- (c) take extracts from, and make copies of, any documents in or on the place;
- (d) take a sample of or from a thing at the place for analysis to find out whether or not the thing is liquor;
- (e) take into or onto the place such persons, equipment and materials as the investigator reasonably requires for the purpose of exercising any powers in relation to the place;
- (f) require the occupier or any person in or on the place to give to the investigator reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (e) ;
- (g) the powers mentioned in sections 182 to 184 .