After section 92 of the Principal Act , the following section is inserted in Division 7:

92A.     Power to seize false identity documents

(1)  This section applies if –

(a) a person produces a document to a responsible entity in evidence of the person's age or identity for the purposes of this Act; and

(b) the responsible entity reasonably suspects that the document is a false document.

(2)  The responsible entity may seize the document.

(3)  If the responsible entity seizes the document and he or she is not a police officer, he or she must –

(a) give the document to a police officer within 72 hours after the time of seizure together with a written notice specifying at least the following:

(i) the time and date of seizure;

(ii) the place of seizure;

(iii) the nature of the reasonable suspicion that prompted the seizure;

(iv) the responsible entity's name and address; and

(b) give any police officer such information concerning the seizure of the document as the police officer may require.

Penalty:  Fine not exceeding 10 penalty units.

(4)  The following provisions apply to the seized document:

(a) a police officer may dispose of it in such manner as the Commissioner of Police thinks fit if the police officer is satisfied that it is a false document;

(b) a police officer may return it to the person from whom it was seized if, after making enquiries, the police officer is satisfied that it is in fact the authentic property of that person;

(c) a police officer may return it to a person other than the person from whom it was seized if, after making enquiries, the police officer is satisfied that it is the authentic property of that other person and that the other person is not responsible for any fraudulent use made, or attempted to be made, of the document.

(5)  In this section –

responsible entity means –

(a) a licensee; or

(b) an employee of a licensee whose duties as such employee include the sale or service of liquor; or

(c) a crowd controller, within the meaning of the Security and Investigations Agents Act 2002 , performing crowd control duties for or on behalf of a licensee; or

(d) a police officer.