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ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - SECT 69
Evidence of homemade alcohol having regard to belief of police officer
69 Evidence of homemade alcohol having regard to belief of police officer
(1) This section applies if, in a proceeding for an offence against section 38
(2) (e) or (3) (e) or (f) , it is relevant to prove that a substance possessed
or supplied by a person was homemade alcohol.
(2) In the absence of proof to
the contrary, the substance is proved to be homemade alcohol if— (a) there
is evidence by a police officer that the police officer believed the substance
was homemade alcohol; and
(b) the court considers the belief mentioned in
paragraph (a) to be reasonably held by the police officer.
(3) For subsection
(2) (a) it is sufficient for the police officer to believe— (a) that the
substance was alcohol by having regard to the conditions in which it was found
or its odour; and
(b) that the alcohol was homemade by having regard to
either or both of the following— (i) its odour, or appearance, as compared
to that of alcohol usually commercially available in Queensland;
(ii) if the
alcohol was in a container, that the police officer considers that the
container was not of a type in which alcohol was usually commercially
available to the public in Queensland.
(4) For subsection (2) (b) , a court
may consider a belief formed as mentioned in subsection (3) to be reasonably
held.
(5) Subsection (3) does not limit the matters that may form the basis
for a police officer’s belief mentioned in subsection (2) (a) or the basis
for a court to consider the police officer’s belief to be reasonably held.
(6) In this section—
"homemade alcohol" has the same meaning as in part 5 .
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