Local Government Act 2002

Powers of arrest, search, and seizure in relation to liquor

169 Powers of arrest, search, and seizure in relation to alcohol bans

(1)

In this section and in sections 169A and 170,—

alcohol has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

alcohol ban means a bylaw made under section 147

offence means a breach of an alcohol ban

restricted place means a public place (within the meaning of section 147(1)) in respect of which an alcohol ban is in force.

(2)

A constable may, without warrant,—

(a)

for the purpose of ascertaining whether alcohol is present, search—

(i)

a container (for example, a bag, case, package, or parcel) in the possession of a person who is in, or entering, a restricted place; or

(ii)

a vehicle that is in, or is entering, a restricted place:

(b)

seize and remove any alcohol (and its container) that is in a restricted place in breach of an alcohol ban:

(c)

arrest any person whom the constable finds committing an offence:

(d)

arrest any person who has refused to comply with a request by a constable—

(i)

to leave a restricted place; or

(ii)

to surrender to a constable any alcohol that, in breach of an alcohol ban is in the person’s possession.

(3)

Alcohol or a container seized under subsection (2)(b) is forfeited to the Crown if the person from whom the alcohol or container is seized pays the infringement fee.

Section 169: replaced, on 18 December 2013, by section 5 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).