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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  24 Sep 2014
Consolidated as at:  Sessional

86. Powers of authorized officer

      (1) For the purposes of this Part, an authorized officer may require a person, by written notice served on the person, to provide the officer within the period specified in the notice with a statement containing such particulars relating to dealing with liquor as are specified in the notice.

      (2) For the purposes of this Part, an authorized officer may, without warrant and with such assistants as he or she considers appropriate –

(a) at any time during which liquor may be sold on premises specified in a special permit, enter and remain on those premises; and

(b) at any reasonable time, enter and remain on licensed premises; and

(c) at any reasonable time, enter and remain on any premises (other than any premises used as a residence) which the authorized officer has reason to suspect is being, or has been, used for the purpose of –

(i) carrying on the business of selling liquor; or

(ii) storing liquor or records or other documents in connection with the business of selling liquor.

      (3) For the purposes of this Part, an authorized officer may, with the authority of a warrant issued under subsection (5) and with such assistants as he or she considers appropriate –

(a) use such reasonable force as is necessary to enter and remain in any premises specified in subsection (2) at the relevant time so specified; or

(b) using such reasonable force as is necessary, at any reasonable time enter and remain in any premises used as a residence.

      (4) In any premises lawfully entered, an authorized officer may do any one or more of the following:

(a) inspect the premises;

(b) search for, examine, take possession of, make copies of, take extracts from or secure against interference any records or other documents relating to the purchase, other obtaining, sale or other disposal of liquor;

(c) search for, examine, take possession of or secure against interference any liquor that –

(i) appears to be relevant to the assessment of a fee payable under this Part; or

(ii) may be evidence of a contravention of this Part, a liquor licence, a liquor permit, a liquor restriction order or a condition of a liquor licence, liquor permit or liquor restriction order;

(d) if it is necessary to do so, break open and search anything on the premises in which such records or other documents or liquor may be stored or concealed;

(e) require any person on the premises to produce any such record or other document;

(f) require a person on the premises to answer a question relevant to any of the following matters if the officer reasonably suspects that the person has the knowledge necessary to answer it:

(i) the assessment of a licence fee under this Part;

(ii) the contravention of a liquor licence, liquor permit, liquor restriction order or condition of such a licence, permit or order;

(g) seize anything which the authorized officer believes appears to indicate that an offence under this Act has been, or is being, committed;

(h) require any person on the premises to provide his or her name and address.

      (5) On the application of an authorized officer, a magistrate or justice may issue a warrant to the authorized officer named in the warrant authorizing the authorized officer to use such force as is reasonably necessary to enter and remain in any premises specified in subsection (2) or to enter and remain in any premises used as a residence, using such force as is necessary, if the magistrate or justice is satisfied that there are reasonable grounds for believing it necessary for the officer –

(a) to use such force to enter any premises specified in subsection (2); or

(b) to enter any premises used as a residence, using such reasonable force as is necessary, for the purpose of performing his or her functions under this Part.

      (6) A warrant is to specify the premises in respect of which it is issued.

      (7) If a record or other document is obtained by an authorized officer by the exercise of powers under this section, that record or other document, evidence of that record or other document or evidence of the obtaining of that record or other document is not admissible against any person in any civil or criminal proceedings, other than proceedings for an offence under this Act or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.

      (8) A person is not required to answer a question under subsection (4)(f) if to do so would incriminate the person.

      (9) Any information provided by a person in response to a question asked under subsection (4)(f) is not admissible against the person in any civil or criminal proceedings, other than proceedings for an offence under section 82 or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.

      (10) Nothing done under this section in relation to a document or liquor prejudices a lien on that document or liquor.