QLDIn ForceAct
Liquor Act 1992
sec.183AOther powers of seizure
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### sec.183A Other powers of seizure
If an investigator knows, or suspects on reasonable grounds, that liquor is being sold, consumed, possessed or carried for sale in contravention of this Act, or has been sold in contravention of this Act, the investigator may seize any of the following—
the liquor;
bottles or other containers in which the liquor is contained;
if it is known or suspected that liquor is being or has been consumed or is possessed in contravention of a prescribed provision or section 168B or 168C —other property that the investigator believes, on reasonable grounds, it is necessary to seize to prevent—
its concealment, loss or destruction; or
the continuation or repetition of the contravention or suspected contravention;
if it is known or suspected that liquor is being or has been sold in contravention of section 169 —other property (including other liquor) that the investigator believes, on reasonable grounds, it is necessary to seize to prevent its use in continuing or repeating the contravention or suspected contravention;
if it is known or suspected that liquor is being carried for sale in contravention of section 171 —
utensils suitable for measuring or consuming the liquor; or
a vehicle, boat, aircraft, animal or other thing being used to carry the liquor.
a vehicle, boat, aircraft, animal or other thing used to carry the liquor
refrigerators, glasses, glass washers, keg lines, measures, pourers, liquor, display cabinets, shelving, signage, dry bars, bar stools, bar servery
In deciding for subsection (1) (c) or (d) whether it is necessary to seize property, the investigator must consider the following—
any previous occasions on which an investigator knows, or suspects on reasonable grounds, a prescribed provision or section 168B , 168C or 169 has been contravened—
by the person from whom the property is being seized; or
in the premises from which the property is being seized;
any representations made to the investigator, by a person from whom the property is being seized, about the operational needs of a lawful business conducted by the person;
any other matter that may reasonably be taken to indicate whether or not a contravention of a prescribed provision or section 168B , 168C or 169 is likely to be continued or repeated if the property is not seized.
In this section—
liquor includes anything suspected on reasonable grounds to be liquor.
s 183A ins 1999 No. 54 s 16
amd 2001 No. 39 s 3 sch ; 2002 No. 47 s 71 ; 2008 No. 30 s 33
(sec.183A-ssec.1) If an investigator knows, or suspects on reasonable grounds, that liquor is being sold, consumed, possessed or carried for sale in contravention of this Act, or has been sold in contravention of this Act, the investigator may seize any of the following— the liquor; bottles or other containers in which the liquor is contained; if it is known or suspected that liquor is being or has been consumed or is possessed in contravention of a prescribed provision or section 168B or 168C —other property that the investigator believes, on reasonable grounds, it is necessary to seize to prevent— its concealment, loss or destruction; or the continuation or repetition of the contravention or suspected contravention; if it is known or suspected that liquor is being or has been sold in contravention of section 169 —other property (including other liquor) that the investigator believes, on reasonable grounds, it is necessary to seize to prevent its use in continuing or repeating the contravention or suspected contravention; if it is known or suspected that liquor is being carried for sale in contravention of section 171 — utensils suitable for measuring or consuming the liquor; or a vehicle, boat, aircraft, animal or other thing being used to carry the liquor. a vehicle, boat, aircraft, animal or other thing used to carry the liquor refrigerators, glasses, glass washers, keg lines, measures, pourers, liquor, display cabinets, shelving, signage, dry bars, bar stools, bar servery
(sec.183A-ssec.2) In deciding for subsection (1) (c) or (d) whether it is necessary to seize property, the investigator must consider the following— any previous occasions on which an investigator knows, or suspects on reasonable grounds, a prescribed provision or section 168B , 168C or 169 has been contravened— by the person from whom the property is being seized; or in the premises from which the property is being seized; any representations made to the investigator, by a person from whom the property is being seized, about the operational needs of a lawful business conducted by the person; any other matter that may reasonably be taken to indicate whether or not a contravention of a prescribed provision or section 168B , 168C or 169 is likely to be continued or repeated if the property is not seized.
(sec.183A-ssec.3) In this section— liquor includes anything suspected on reasonable grounds to be liquor.
- (a) the liquor;
- (b) bottles or other containers in which the liquor is contained;
- (c) if it is known or suspected that liquor is being or has been consumed or is possessed in contravention of a prescribed provision or section 168B or 168C —other property that the investigator believes, on reasonable grounds, it is necessary to seize to prevent— (i) its concealment, loss or destruction; or (ii) the continuation or repetition of the contravention or suspected contravention;
- (i) its concealment, loss or destruction; or
- (ii) the continuation or repetition of the contravention or suspected contravention;
- (d) if it is known or suspected that liquor is being or has been sold in contravention of section 169 —other property (including other liquor) that the investigator believes, on reasonable grounds, it is necessary to seize to prevent its use in continuing or repeating the contravention or suspected contravention;
- (e) if it is known or suspected that liquor is being carried for sale in contravention of section 171 — (i) utensils suitable for measuring or consuming the liquor; or (ii) a vehicle, boat, aircraft, animal or other thing being used to carry the liquor. Examples of property that may be seized under paragraph (c) — a vehicle, boat, aircraft, animal or other thing used to carry the liquor Examples of property that may be seized under paragraph (d) — refrigerators, glasses, glass washers, keg lines, measures, pourers, liquor, display cabinets, shelving, signage, dry bars, bar stools, bar servery
- (i) utensils suitable for measuring or consuming the liquor; or
- (ii) a vehicle, boat, aircraft, animal or other thing being used to carry the liquor.
- (i) its concealment, loss or destruction; or
- (ii) the continuation or repetition of the contravention or suspected contravention;
- (i) utensils suitable for measuring or consuming the liquor; or
- (ii) a vehicle, boat, aircraft, animal or other thing being used to carry the liquor.
- (a) any previous occasions on which an investigator knows, or suspects on reasonable grounds, a prescribed provision or section 168B , 168C or 169 has been contravened— (i) by the person from whom the property is being seized; or (ii) in the premises from which the property is being seized;
- (i) by the person from whom the property is being seized; or
- (ii) in the premises from which the property is being seized;
- (b) any representations made to the investigator, by a person from whom the property is being seized, about the operational needs of a lawful business conducted by the person;
- (c) any other matter that may reasonably be taken to indicate whether or not a contravention of a prescribed provision or section 168B , 168C or 169 is likely to be continued or repeated if the property is not seized.
- (i) by the person from whom the property is being seized; or
- (ii) in the premises from which the property is being seized;