TASIn ForceAct
Police Offences Act 1935
58APower to search for liquor
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### 58A Power to search for liquor
> *\[Section 58A Inserted by No. 45 of 1995, s. 6 \]*
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> > (1) [*\[Section 58A Subsection (1) amended by No. 15 of 2014, s. 50, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS50@Hpa@EN) Where a police officer has reasonable grounds to suspect that a person is contravening or is about to contravene [section 13(1)](#GS13@Gs1@EN) , [(2)](#GS13@Gs2@EN) , [(2A)](#GS13@Gs2A@EN) , [(2B)](#GS13@Gs2B@EN) , [(2C)](#GS13@Gs2C@EN) or [(3)](#GS13@Gs3@EN) , [section 25](#GS25@EN) or [section 26](#GS26@EN) , the police officer may–
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> > > > (a) detain and search that person; and
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> > > > (b) seize any liquor found in the possession of that person.
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> > (2) A police officer may at any time dispose of any liquor seized under [subsection (1)](#GS58A@Gs1@EN) that is in an opened or unsealed container.
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> > (3) [*\[Section 58A Subsection (3) amended by No. 15 of 2014, s. 50, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS50@Hpb@EN) If any liquor seized under [subsection (1)](#GS58A@Gs1@EN) in relation to an offence against [section 13(1)](#GS13@Gs1@EN) , [(2)](#GS13@Gs2@EN) or [(3)](#GS13@Gs3@EN) , [section 25](#GS25@EN) or [26](#GS26@EN) is in an unopened or sealed container, the person from whom the liquor was seized is entitled to have the liquor returned to him or her on request made at least 2 days and not more than 7 days after the liquor was seized.
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> > (4) A request under [subsection (3)](#GS58A@Gs3@EN) is to be made to a police officer at the police station nearest to the place where the liquor was seized or at such other police station as a police officer may reasonably direct.
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> > (5) Where a request is made under [subsection (3)](#GS58A@Gs3@EN) , a police officer must make the liquor to which the request relates available for collection by the person who made the request on the next day when the relevant police station is open to the public and during the hours when it is so open or at such other time as may be agreed.
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> > (6) A police officer may dispose of any liquor referred to in [subsection (3)](#GS58A@Gs3@EN) that is not the subject of a request under that subsection or that is not collected as mentioned in [subsection (5)](#GS58A@Gs5@EN) .