243Seizing containers

243 Seizing containers (1) An inspector or a police officer may exercise the power in subsection (2) if the inspector or officer suspects on reasonable grounds that one of the following is being or is about to be committed: (a) a contravention of section 171(1); (b) a forfeiture offence; (c) an offence against section 189; (d) a breach of a banned drinker order made under the Alcohol Harm Reduction Act 2017. (2) The inspector or police officer may, without a warrant, seize any opened or unopened container that the inspector or officer believes on reasonable grounds contains liquor. (3) After seizing the container, the inspector or police officer must take reasonable steps to determine if the container contains liquor. (4) The inspector or police officer must return the container to the person from whom it was seized if the inspector or officer determines that the container does not contain liquor. (5) If the container contains liquor, the inspector or police officer must immediately: (a) empty the container; or (b) destroy the container and its contents; or (c) retain possession of the container and its contents for disposal under Part 12.

Liquor Act 2019 132 (5A) Despite subsection (5)(b), if it is not reasonably practicable to immediately destroy the container and its contents, a police officer may temporarily retain possession of the container and its contents for destruction at a police station as soon as reasonably practicable. (5B) Subsections (5)(a) and (b) and (5A) do not apply if the container or its contents are required as evidence for an offence against this Act. (6) This section may be used, in the same way as for liquor, by an inspector or a police officer to seize, empty, or destroy a container of a substance prohibited under section 153.