Victorian Current Acts Victorian Current ActsS. 128(1) amended by Nos 8/2009 s. 18(3), 43/2011 s. 32, 58/2011 s. 104(Sch. item 4.189), 1/2013 s. 3(1), 37/2014 s. 10(Sch. item 96.14(a)), 26/2022 s. 23(1).
(1) If a police officer, a protective services officer on duty at a designated place or a liquor inspector reasonably believes that a person under the age of 18 years is in possession of liquor in contravention of this Act, the police officer, protective services officer or inspector may seize and tip out or take away the liquor or cause the liquor to be seized and tipped out or taken away, together with any vessel containing it.
S. 128(2) inserted by No. 92/2004 s. 8, substituted by No. 1/2013 s. 3(2), amended by Nos 37/2014 s. 10(Sch. item 96.14(b)), 26/2022 s. 23(1).
(2) A police officer, protective services officer on duty at a designated place or liquor inspector who seizes and tips out liquor under subsection (1) must do so as soon as is practicable after seizure.
S. 128(3) inserted by No. 1/2013 s. 3(3).
(3) If liquor is seized and tipped out under subsection (1), it is taken to have been forfeited to the Crown immediately before it is tipped out.
S. 128(4) inserted by No. 1/2013 s. 3(3).
(4) If liquor is seized and taken away under subsection (1) and the person from whom the liquor was seized is found guilty by a court of possessing the liquor in contravention of this Act, the court may order that the liquor be forfeited to the Crown or be destroyed or otherwise disposed of.
S. 128(5) inserted by No. 1/2013 s. 3(3).
(5) No compensation is payable by the Crown in respect of any liquor tipped out, forfeited, destroyed or otherwise disposed of under this section.
S. 129 amended by Nos 92/2004 s. 23(2)(e), 108/2004 s. 117(1) (Sch. 3 item 115.1), substituted by No. 8/2009 s. 19.