Schedule 1 Section 21 Liquor Act 2007 | Confiscation of Proof of Age Cards


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The Legislation

Schedule 1 Section 21  of the Liquor Act 2007 (NSW) is concerned with Confiscation of Proof of Age Cards and is set out below.

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21 Confiscation of existing RTA proof of age cards

(1) An authorised person to whom an existing RTA proof of age card, or thing resembling such an existing RTA proof of age card, is produced by a person representing it to be the person’s proof of age card (whether as proof of age or of identity) may, with no authority other than this clause, seize the card or thing if the authorised person reasonably suspects that the card or thing:
(a) is not the person’s proof of age card or contains information that is false or misleading as to that person’s name or age, or
(b) has been forged or fraudulently altered, or
(c) is being used in contravention of any provision of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976.

(2) A card or thing seized under this clause is to be forwarded to the Commissioner of Police. The Commissioner must cause the card or thing to be returned (by delivery or by post) to the person who produced it unless subclause (3) applies.

(3) The Commissioner of Police may retain possession of and deal with a proof of age card or thing forwarded to the Commissioner in such manner as the Commissioner thinks fit if satisfied that the card or thing:
(a) is not the proof of age card of the person from whom it was seized or contains information that is false or misleading as to that person’s name or age, or
(b) has been forged or fraudulently altered, or
(c) is being used in contravention of any provision of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976.

(4) Each of the following is an “authorised person” for the purposes of this clause:
(a) any police officer,
(b) any person while acting in the administration of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976,
(c) the licensee and any employee or agent of the licensee on the licensed premises concerned, but only on those licensed premises or in a place in the immediate vicinity of those licensed premises.