7Claim for return of seized liquor

7 Claim for return of seized liquor

7 Claim for return of seized liquor

(1) If liquor is taken to a police station under section 6(6), the person from whom the liquor was seized (the claimant) may make a claim for the return of the liquor.

(2) Before deciding whether to return seized liquor, the police officer deciding the claim may require the claimant to present one or more of the following—

(a) the receipt for the seized liquor issued to the claimant under section 6(3),

(b) other evidence that the claimant is entitled to possession of the seized liquor.

(3) The seized liquor must be returned to the claimant if—

(a) the claimant proves the claimant was at least 18 years of age when the liquor was seized, or

(b) the claimant establishes the claimant had a reasonable excuse for possessing the liquor, or

(c) the claimant establishes the claimant was under the supervision of a responsible adult when the liquor was seized, or

(d) the police officer deciding the claim is satisfied the return of the liquor is otherwise justified in the circumstances.

(4) Despite subsection (3)(a)–(c), the police officer deciding the claim may refuse to return seized liquor if the claimant—

(a) is less than 18 years of age and not accompanied by a responsible adult, or

(b) does not comply with a requirement imposed under subsection (2) to provide a receipt or other evidence of the claimant’s entitlement to possess the seized liquor, or

(c) refuses to sign an acknowledgement of the return of the seized liquor.