Hon George Cash questions the authority for licensed premises to confiscate driver's licenses, specifically regarding written instructions and consistency. Hon Ljiljanna Ravlich clarifies that the Liquor Control Act 1988 and its regulations provide the framework for confiscating forged or false evidence of age documents.

AnsweredQoN 1247Legislative Council
Asked
4 December 2007
Portfolio
Racing and Gaming

QuestionView source ↗

DRIVERS’ LICENCES - CONFISCATION AUTHORITY FOR LICENSED PREMISES
I refer to the answer given to question without notice 777 asked on Wednesday, 19 September 2007. (1) Given that the Director of Liquor Licensing has advised that he cannot issue any authorisation outside the provisions of the act, will the minister table a copy of the written instruction issued in accordance with the act authorising such action and a copy of the procedures that the manager of a licensed premises or other body is required to adhere to when an expired licence is confiscated? (2) If no written instruction has been issued, how does the Director of Liquor Licensing ensure consistency in the procedure involved in the confiscation of drivers’ licenses? Hon LJILJANNA RAVLICH

AnswerView source ↗

I thank the member for some notice of the question. (1)-(2) The authority for the confiscation by an authorised person of an evidence of age document suspected of being forged, false or counterfeit rests in section 126 of the Liquor Control Act 1988. The act defines an “authorised person” in relation to licensed premises to be the licensee or occupier of the premises; the manager of the premises; an employee or agent of the licensee, occupier or manager; or a member of the police force. Regulation 18(g) of the Liquor Control Regulations 1989 provides that within 72 hours of a document being confiscated by an authorised person, the authorised person is to deliver the document to a police station or return the document to the person from whom it was confiscated. The act and the regulations provide a consistent framework and instructions for licensees and their employees for the confiscation of an evidence of age document.
(1) Given that the Director of Liquor Licensing has advised that he cannot issue any authorisation outside the provisions of the act, will the minister table a copy of the written instruction issued in accordance with the act authorising such action and a copy of the procedures that the manager of a licensed premises or other body is required to adhere to when an expired licence is confiscated? (2) If no written instruction has been issued, how does the Director of Liquor Licensing ensure consistency in the procedure involved in the confiscation of drivers’ licenses? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of the question. (1)-(2) The authority for the confiscation by an authorised person of an evidence of age document suspected of being forged, false or counterfeit rests in section 126 of the Liquor Control Act 1988. The act defines an “authorised person” in relation to licensed premises to be the licensee or occupier of the premises; the manager of the premises; an employee or agent of the licensee, occupier or manager; or a member of the police force. Regulation 18(g) of the Liquor Control Regulations 1989 provides that within 72 hours of a document being confiscated by an authorised person, the authorised person is to deliver the document to a police station or return the document to the person from whom it was confiscated. The act and the regulations provide a consistent framework and instructions for licensees and their employees for the confiscation of an evidence of age document.
(2) If no written instruction has been issued, how does the Director of Liquor Licensing ensure consistency in the procedure involved in the confiscation of drivers’ licenses? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of the question. (1)-(2) The authority for the confiscation by an authorised person of an evidence of age document suspected of being forged, false or counterfeit rests in section 126 of the Liquor Control Act 1988. The act defines an “authorised person” in relation to licensed premises to be the licensee or occupier of the premises; the manager of the premises; an employee or agent of the licensee, occupier or manager; or a member of the police force. Regulation 18(g) of the Liquor Control Regulations 1989 provides that within 72 hours of a document being confiscated by an authorised person, the authorised person is to deliver the document to a police station or return the document to the person from whom it was confiscated. The act and the regulations provide a consistent framework and instructions for licensees and their employees for the confiscation of an evidence of age document.
Hon LJILJANNA RAVLICH replied: I thank the member for some notice of the question. (1)-(2) The authority for the confiscation by an authorised person of an evidence of age document suspected of being forged, false or counterfeit rests in section 126 of the Liquor Control Act 1988. The act defines an “authorised person” in relation to licensed premises to be the licensee or occupier of the premises; the manager of the premises; an employee or agent of the licensee, occupier or manager; or a member of the police force. Regulation 18(g) of the Liquor Control Regulations 1989 provides that within 72 hours of a document being confiscated by an authorised person, the authorised person is to deliver the document to a police station or return the document to the person from whom it was confiscated. The act and the regulations provide a consistent framework and instructions for licensees and their employees for the confiscation of an evidence of age document.
I thank the member for some notice of the question. (1)-(2) The authority for the confiscation by an authorised person of an evidence of age document suspected of being forged, false or counterfeit rests in section 126 of the Liquor Control Act 1988. The act defines an “authorised person” in relation to licensed premises to be the licensee or occupier of the premises; the manager of the premises; an employee or agent of the licensee, occupier or manager; or a member of the police force. Regulation 18(g) of the Liquor Control Regulations 1989 provides that within 72 hours of a document being confiscated by an authorised person, the authorised person is to deliver the document to a police station or return the document to the person from whom it was confiscated. The act and the regulations provide a consistent framework and instructions for licensees and their employees for the confiscation of an evidence of age document.
(1)-(2) The authority for the confiscation by an authorised person of an evidence of age document suspected of being forged, false or counterfeit rests in section 126 of the Liquor Control Act 1988. The act defines an “authorised person” in relation to licensed premises to be the licensee or occupier of the premises; the manager of the premises; an employee or agent of the licensee, occupier or manager; or a member of the police force. Regulation 18(g) of the Liquor Control Regulations 1989 provides that within 72 hours of a document being confiscated by an authorised person, the authorised person is to deliver the document to a police station or return the document to the person from whom it was confiscated. The act and the regulations provide a consistent framework and instructions for licensees and their employees for the confiscation of an evidence of age document.

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