Northern Territory Numbered Acts Northern Territory Numbered ActsSections 95 to 101
repeal, substitute
(1) An inspector may, without a warrant:
(a) do 1 or more of the following if the inspector reasonably suspects a relevant offence has been, or is being or likely to be, committed:
(i) enter and search an area of land (whether or not it is the general restricted area);
(ii) stop, enter, search, remove and retain a vehicle, vessel or aircraft (whether or not it is in the general restricted area);
(iii) stop, detain and search a person in connection with the exercise of a power under subparagraph (i) or (ii);
(iv) search a thing in connection with the exercise of a power under subparagraph (i), (ii) or (iii); and
(b) seize a thing found in connection with the exercise of a power under paragraph (a)(i), (ii), (iii) or (iv) that the inspector reasonably believes to be related to a relevant offence.
(2) In addition, an inspector may, without a warrant:
(a) do 1 or more of the following on a random basis for the detection of a relevant offence that has been, or is being or likely to be, committed:
(i) stop, enter, search, remove and retain a vehicle (whether or not it is in the general restricted area);
(ii) stop, detain and search a person (whether or not in connection with the exercise of a power under subparagraph (i));
(iii) search a thing in connection with the exercise of a power under subparagraph (i) or (ii); and
(b) seize a thing in connection with the exercise of a power under paragraph (a)(i), (ii) or (iii) that the inspector reasonably believes to be related to a relevant offence.
(3) A person is guilty of an offence if the person:
(a) obstructs the exercise of a power under subsection (1) or (2); or
(b) fails to comply with a reasonable request made by the inspector for the purposes of exercising powers under subsection (1) or (2).
Maximum penalty: 100 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (3) if the person has a reasonable excuse.
(5) In exercising a power under this section, an inspector must carry an identity card provided by the Director that:
(a) states the name and office of the inspector; and
(b) contains:
(i) the signature of the inspector; and
(ii) a photograph of the inspector; and
(iii) the verification of the signature and photograph by the Director.
(6) If an inspector purports to exercise a power under this section without producing the inspector's identity card when requested to do so:
(a) the inspector is not authorised to exercise the power; and
(b) a person is not required to comply with a requirement made by the inspector.
(7) A person may only be searched under this section by someone who is of the same gender as the person.
(8) An inspector who seizes a container that the inspector reasonably believes contains liquor may immediately:
(a) empty the container if it is opened; or
(b) destroy the container (including its content) if it is unopened.
(9) If the container is not so emptied or destroyed, the inspector must ensure it is taken to a police station to be destroyed.
(10) The inspector may use any reasonable force or assistance in acting under this section.
(11) A police officer is taken to be an inspector for this section (except subsections (5) and (6)).
The Commissioner of Police must keep a thing seized, but not destroyed, under section 95 in the Commissioner's custody until it is otherwise dealt with under this Division.
(1) A person who owns, or has an interest in, the thing may apply to the Commissioner of Police for its release.
(2) The application must be made within 60 days after the seizure of the thing or that period as extended by the Commissioner.
(3) The application may be made only if:
(a) the thing has not been forfeited under section 99; and
(b) the applicant is not being charged with a relevant offence to which the thing is related; and
(c) if someone has been charged with such an offence – the proceedings for the prosecution of the offence are continuing.
(4) The Commissioner must, within 14 days after the application is made or that period as extended by the Commissioner:
(a) approve the application by releasing the thing to the applicant; or
(b) refuse the application.
(5) The Commissioner may release the thing to the applicant only if the Commissioner is satisfied:
(a) the applicant owns, or has an interest in, the thing; and
(b) the applicant did not know or could not reasonably have known about the commission of the offence.
(6) Despite subsection (5), the Commissioner may refuse the application if the Commissioner decides it is inappropriate for the Commissioner to release the thing, having regard to:
(a) the evidential value of the thing for any proceedings for the prosecution of a relevant offence; and
(b) any other matters the Commissioner considers relevant in deciding the application.
(7) The release of the thing under subsection (4)(a) is subject to:
(a) any conditions specified by the Commissioner; and
(b) any order made under section 98 at a later time.
(8) The Commissioner may:
(a) extend the period mentioned in subsection (2) or (4) more than once; but
(b) must do so before the expiry of the period or the period as extended under that subsection.
(9) The Commissioner may invite anyone who appears to own, or have an interest in, the thing to make an application under this section.
(1) A person who owns, or has an interest in, the thing may apply to the Local Court for an order under this section if:
(a) the thing has not been forfeited under section 99; and
(b) proceedings for the prosecution of a relevant offence to which the thing is related have ended; and
(c) the person:
(i) was not the defendant in the proceedings; or
(ii) was the defendant in the proceedings but was found not guilty of the offence.
(2) The application must be made within 60 days after the end of the proceedings or that period as extended by the court.
(3) The applicant must give notice of the application to the Commissioner of Police.
(4) The Local Court:
(a) must make an order under this section if the court is satisfied:
(i) the applicant owns, or has an interest in, the thing; and
(ii) the applicant did not know or could not reasonably have known about the commission of the offence; and
(b) otherwise – must refuse the application.
(5) An order under this section must:
(a) state whether the applicant owns, or has an interest in, the thing; and
(b) if the applicant has an interest in the thing – state the nature and value of the interest as at the time of the making of the order; and
(c) direct that:
(i) the thing be released to the applicant; or
(ii) the thing be disposed of in a specified way and all or a specified part of the proceeds from the disposal be paid to the applicant and any other specified persons.
(6) The Court may extend the period mentioned in subsection (2) only on the application of the Commissioner of Police.
(7) The Court:
(a) may extend the period more than once; but
(b) must do so before the expiry of the period or the period as extended under subsection (2).
(1) A thing seized under section 95 that is not destroyed under that section is forfeited to the Territory if:
(a) no application for the thing has been made under section 97 within the period mentioned in section 97(2), or such an application has been made and is refused; and
(b) 1 of the following applies:
(i) no application for the thing has been made under section 98 within the period mentioned in section 98(2);
(ii) such an application has been made and is refused;
(iii) such an application has been made and an order ("disposal order") containing a direction mentioned in section 98(5)(c)(ii) is made for the thing.
(2) Except as provided in a disposal order, the Commissioner of Police may dispose of the thing as the Commissioner considers appropriate.
(3) Any proceeds from the disposal must be paid in the following order of priority:
(a) first – the expenses for the sale;
(b) second – the cost of holding and removing the thing;
(c) third – any payment under a disposal order;
(d) fourth – the Central Holding Authority.