Disorderly Houses (Amendment) Act 1943 (NSW)

DISORDERLY HOUSES (AMENDMENT) ACT.

Act No. 39, 1943.

An Act to amend the Disorderly Houses Act.

1943, in certain respects; and for purposes

connected therewith. [Assented to, 15th

December, 1943.]

by and with the advice and consent of the Legis-BE it enacted by the Kind's Most Excellent Majesty,

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority ot* tiie same, as follows :—

1 . (1) This Act may he cited as the "Disorderly

Houses (Amendment) Act, 1943."
(2) The Disorderly Houses Act, 1943, as amended bv this Act, may be cited as the Disorderly Houses Acts,

1943.

2 . The Disorderly Houses Act, 1943, is amended

by inserting next after section thirteen the following new

(2) Any person claiming to be the owner of
any liquor, drug, drinking glass, vessel, container or
device seized by a member of the Police Force so authorised

section:—•

13A. (1) Any liquor, drug, drinking glass, vessel, container or device seized either before or after the commencement of the Disorderly Houses (Amend- ment) Act, 1943, in any disorderly house by a member of the Police Force in pursuance of powers conferred on him by section ten of this Act shall be forfeited to His Majesty.

author ised by a special w a r r a n t under section th i r ­

teen of this Act may—

(a)	if such seizure was made before the com­ mencement of the Disorder ly Houses (Amendment ) Act, 1943, within twenty-one days af ter such commencement; or
(b)	if such seizure was made after such com­ mencement, within twenty-one days of such seizure,

make applicat ion to a S t ipendiary or Police Magis­ t r a t e for the r e tu rn to him of such liquor, d rug , dr inking glass , vessel, container or device.

Such Magis t ra te shall inquire into the m a t t e r and

if it appea r s to him tha t at the t ime of the seizure any of the conditions mentioned in section three of this Act obtained on the premises where the seizure was made, he shall order the forfei ture of such l iquor, d rug , dr inking glass, vessel, container or device, t o His Majesty.

If it appea r s to such Magis t ra te t ha t a t the t ime of the seizure any of the conditions ment ioned in section three of this Act did not obtain on such premises , he may order tha t the liquor, drug, dr ink­ ing glass, vessel, container or device so seized be handed over to the owner or occupier of such premises or to such other person as m a y appea r to him to be the r ightful owner.
(3) Any person who makes applicat ion to a S t ipendia ry or Police Magis t r a t e under subsection two of this section shall, a t least seven days p r io r t o the hea r ing of such application, serve on a Super in­ tendent or Inspec tor of Police a notice in wr i t ing of

such applicat ion.

(4) Where , in respect of any liquor, d r u g , d r ink ing glass, vessel, conta iner or device seized by a member of the Police Force so au thor ised by a special w a r r a n t under section th i r teen of this Act, no appli­ cation is made under subsection two of this section within the t ime prescr ibed by tha t subsection such l iquor, d rug , d r ink ing glass, vessel, container o r device shall be forfeited to His Majesty.

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