Australian Capital Territory Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1975 (REPEALED) - SECT 30

    (1)     If—

        (a)     an inspector or police officer has reasonable grounds for suspecting that a person (the young person ) has done or is doing anything that—

              (i)     would constitute an offence against section 154 or section 156 if the young person were under 18 years old; or

              (ii)     constitutes an offence against section 158; and

        (b)     the inspector or officer has reasonable grounds for suspecting that the young person is under 18 years old;

the inspector or officer may—

        (c)     subject to subsection (3), require the young person to give the young person's name, home address and age to the inspector or officer; and

        (d)     if—

              (i)     the young person refuses to give his or her name, address or age; or

              (ii)     the inspector or officer has reasonable grounds for suspecting that the young person has not given his or her correct name, address or age; or

              (iii)     the inspector or officer is not satisfied that the young person is 18 years old or older;

apprehend the young person using reasonable and necessary force.

    (2)         If—

        (a)     an inspector or police officer has reasonable grounds for suspecting that a person has done or is doing anything in relation to another person (the young person ) that would constitute an offence against section 152 or section 155 if the young person were under 18 years old; and

        (b)     the inspector or officer has reasonable grounds for suspecting that the young person is under that age;

the inspector or officer may—

        (c)     subject to subsection (3), require the young person to give his or her name, address and age to the inspector or officer; and

        (d)     if—

              (i)     the young person refuses to give his or her name, address or age; or

              (ii)     the inspector or officer has reasonable grounds for suspecting that the young person has not given his or her correct name, address or age; or

              (iii)     the inspector or officer is not satisfied that the young person is 18 years old or older;

apprehend the young person using reasonable and necessary force.

    (3)     An inspector must not make a requirement of a person under subsection (1) (c) or (2) (c) unless immediately before making the request the inspector displays his or her identity card to the person.

    (4)     A person must not, without reasonable excuse, contravene a requirement made of him or her in accordance with subsection (1) (c) or (2) (c).

Maximum penalty: 5 penalty units.

    (5)     If, in response to a requirement made of him or her under subsection (1) (c) or (2) (c), a young person produces to an inspector or police officer a form of identification (other than a passport) that the inspector or officer has reasonable grounds for suspecting does not belong to the young person or is forged, the inspector or officer may seize that form of identification.

    (6)     If an inspector apprehends a young person, the inspector must—

        (a)     deliver the young person to a police officer as soon as practicable; and

        (b)     give to the police officer any liquor seized under section 27 (2) from the young person or the person first mentioned in subsection (2) of this section; and

        (c)     give to the police officer any form of identification seized under subsection (5).

    (7)     If—

        (a)     a police officer apprehends a young person; or

        (b)     an inspector delivers a young person to a police officer who is not at a police station;

the officer must take the young person to a police station as soon as practicable.

    (8)     If—

        (a)     an inspector seizes a form of identification under subsection (5) and does not apprehend the young person from whom the identification is seized; or

        (b)     a police officer seizes a form of identification under subsection (5); or

        (c)     a police officer has a form of identification given to him or her in accordance with subsection (6) (c);

the inspector or police officer must take necessary and reasonable force to decide whether the form of identification belongs to the young person from whom it was seized or is forged.

    (9)     If, after taking action under subsection (8), the inspector or officer is satisfied that the form of identification does belong to the young person from whom it was seized and is not forged, he or she must return the form of identification to the young person as soon as practicable.