Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 53A

53A Seizure of liquor from a minor in particular circumstances

(1) This section applies if a police officer—

(a) is lawfully at a place other than a place to which a licence or permit under the Liquor Act 1992 relates; and

(b) finds a minor at the place has possession or control of liquor, whether in opened or unopened containers; and

(c) reasonably suspects that the minor is not being responsibly supervised by a responsible adult for the minor.

(2) The police may seize the liquor, including any container of the liquor, (the
"seized thing" ) and dispose of it in the way the police officer considers reasonably necessary.

(3) For subsection (2) , the police officer may continue to stay at the place and re-enter the place for the time reasonably necessary to remove the seized thing, even though to continue to stay or to re-enter, apart from this section, would be trespass.

(4) For subsection (1) the following matters are to be decided on the same basis as the matters are decided under the Liquor Act 1992 , section 156A —

(a) whether or not a person is a minor;

(b) whether or not a minor is being responsibly supervised;

(c) whether or not an adult is a responsible adult for a minor.

(5) If the police officer exercises the power under subsection (2) to seize a thing—

(a) the seized thing is taken to have been forfeited to the State immediately after the police officer seizes it; and

(b) chapter 21 , part 2 , division 3 and chapter 21 , part 3 do not apply to the seized thing.

(6) In this section—

"liquor" has the same meaning as it has in section 53 .