Northern Territory Numbered Acts

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ALCOHOL PROTECTION ORDERS ACT 2013 (NO 31 OF 2013) - SECT 19

Seizure of alcohol

    (1)     A police officer who reasonably believes that an adult is subject to an alcohol protection order and that the adult may be in possession of alcohol may, without warrant:

    (a)     search the adult; and

    (b)     seize any container in the possession of the adult that the police officer reasonably believes contains alcohol.

    (2)     A police officer carrying out a search or seizure under subsection (1) may do so with the assistance, and using the force, that is necessary and reasonable in the circumstances.

    (3)     A search of an adult under subsection (1)(a) must, if practicable, be carried out by a police officer who is of the same gender as the adult.

    (4)     A police officer who seizes a container under subsection (1)(b) may immediately:

    (a)     empty the container if it is open; or

    (b)     destroy the container (including the alcohol in it) if it is not open.

    (5)     The police officer must ensure that any containers mentioned in subsection (4)(a) that are not emptied, and any containers mentioned in subsection (4)(b) that are not destroyed, are taken to a police station, where they must be destroyed.

    (6)     The fact that no alcohol is found after a search under this section does not affect the power of a police officer to exercise powers under section 18 in relation to the adult.



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