Australian Capital Territory Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1975 (REPEALED) - SECT 25

    (1)     An inspector may, at any time when the sale of liquor is authorised by a licence or permit, enter and inspect the premises in relation to which the licence or permit was issued.

    (2)     An inspector may enter and inspect any premises at any time when there are reasonable grounds for suspecting that liquor is being sold on the premises.

    (3)     An inspector who enters premises under this section is not entitled to remain on the premises if, on request by the occupier or licensee of the premises, the inspector does not produce his or her identity card.

    (4)     An inspector who enters premises under this section may—

        (a)     examine, take stock of and take samples of any liquor on the premises; and

        (b)     inspect any books, documents or other papers on the premises; and

        (c)     remove any books, documents or papers from the premises for the purpose of having copies made; and

        (d)     take reasonable measures to count the people in a public area within the premises; and

        (e)     if the inspector believes on reasonable grounds that the number of people in a public area within the premises exceeds the occupancy loading decided under section 41 or section 42 for that public area—direct the licensee to require people to leave that public area; and

        (f)     if—

              (i)     the licensee fails to comply with a direction under paragraph (e); or

              (ii)     people remain in the public area of the premises after being required by the licensee to leave that area;

with the force and assistance that is necessary and reasonable, remove people from that public area.

    (5)     An inspector may keep a book, document or paper removed from premises under subsection (4) for so long as is reasonably necessary for the purpose of having copies of the book, document or paper made.

    (6)     An inspector who takes a sample of liquor under subsection (4) must—

        (a)     divide the sample so taken into approximately equal parts and put each part in a sealed container to which is attached a label bearing—

              (i)     the signature of the inspector; and

              (ii)     particulars of the premises where the sample was taken; and

              (iii)     particulars of the date and time when the sample was taken; and

        (b)     give 1 of the containers to the person apparently in charge of the premises for the time being and the other container to an approved analyst.

    (7)     In any proceedings in a court, a certificate signed by an approved analyst and stating the result of analysis of the contents of a container given to the analyst by an inspector is evidence of the matters stated in the certificate.

    (8)     For subsection (7), a document that purports to be signed by an approved analyst is taken to be so signed unless the contrary is proved.

    (9)     A person must not, except for this Act or in the course of proceedings in a court in relation to an offence, make a record of, or divulge to another person, information acquired because of the inspection of books, documents or papers under this section.

    (10)     This section, other than subsection (3), applies to and in relation to a police officer as if the officer were an inspector.

    (11)     In this section:

"approved analyst" means a person approved by the commissioner for this section.

"liquor", for subsections (4) and (6), includes any liquid in relation to which there are reasonable grounds for believing the liquid to contain alcohol.