Schedule 2 Amendment of Local Government Act 1993 No 30

Section 632A

Insert after section 632:

  

632A   Confiscation of alcohol in certain alcohol prohibited areas

(1)  A police officer or an enforcement officer may seize any alcohol (and the bottle, can, receptacle or package in which it is contained) that is in the immediate possession of a person in an alcohol prohibited area if the officer has reasonable cause to believe that the person:

(a)  is drinking, or

(b)  is about to drink, or

(c)  has recently been drinking,

      alcohol in the alcohol prohibited area.

(2)  Any alcohol or thing seized under this section is, by virtue of the seizure, forfeited:

(a)  if seized by a police officer—to the State, or

(b)  if seized by an enforcement officer—to the council that employs the officer.

(3)  Any alcohol seized under this section may:

(a)  be disposed of immediately by tipping it out of the bottle, can, receptacle or package in which it is contained, or

(b)  be otherwise disposed of in accordance with directions given by the Commissioner of Police or the council (as the case requires).

(4)  In this section:

alcohol prohibited area means a public place:

(a)  situated wholly or partly in the precinct to which a precinct liquor accord (within the meaning of the Liquor Act 2007) applies or in the area to which a community event liquor accord (within the meaning of that Act) applies, and

(b)  in which the drinking of alcohol is prohibited by a notice under section 632.

enforcement officer means an employee of a council authorised in writing by the Commissioner of Police to be an enforcement officer for the purposes of this section.