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New South Wales
Alcoholic Beverages Advertising
Prohibition Bill 2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Act binds the Crown 2
4 Purposes of the Act 2
5 Definitions 2
Part 2 Offences relating to promotion of alcoholic beverages
6 Certain advertising prohibited 5
7 Competitions 7
8 Free samples 7
9 Prohibition of sponsorships 8
10 Exemptions 9
b2003-603-33.d09
Alcoholic Beverages Advertising Prohibition Bill 2012
Contents
Page
Part 3 Reintroduction of local option
11 Request to declare local option area 10
12 Declaration of local option area 10
13 Rescission of declaration 11
14 When declaration or rescission has effect 11
15 Duration of declaration 11
16 Prohibitions applicable to local option areas 11
Part 4 Alcohol Advertising Prohibition Committee
17 Alcohol Advertising Prohibition Committee 13
18 Functions of Committee 13
19 Responsibility of Minister 13
20 Provision of assistance to Committee 14
Part 5 Enforcement
21 Removal of certain advertisements 15
22 Power of entry 16
23 Intimidation or obstruction of authorised officer 16
24 Consent required for prosecutions 16
25 Penalties 16
26 Proceedings for offences 16
27 Offences by bodies corporate 17
Part 6 General
28 Certain civil proceedings barred 18
29 Regulations 18
30 Warnings 18
31 Review of Act 19
Schedule 1 Provisions relating to Alcohol Advertising
Prohibition Committee 20
Contents page 2
New South Wales
Alcoholic Beverages Advertising
Prohibition Bill 2012
No , 2012
A Bill for
An Act to prohibit the advertising of alcoholic beverages and related trade marks,
brand names and logos; and for other purposes.
Clause 1 Alcoholic Beverages Advertising Prohibition Bill 2012
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Alcoholic Beverages Advertising Prohibition Act 2012. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Act binds the Crown 7
This Act binds the Crown in right of New South Wales and, in so far as 8
the legislative power of Parliament permits, the Crown in all its other 9
capacities. 10
4 Purposes of the Act 11
The purposes of this Act are: 12
(a) to discourage alcohol consumption by: 13
(i) persuading young people not to drink and not to abuse 14
alcoholic beverages, and 15
(ii) limiting exposure of young people and children to 16
persuasion to drink alcoholic beverages, and 17
(iii) encouraging drinkers of other beverages not to start 18
drinking alcoholic beverages, and 19
(iv) assisting those who wish to limit or give up alcohol 20
consumption, and 21
(b) to reduce alcohol-related: 22
(i) domestic violence, and 23
(ii) deaths, and 24
(iii) road accidents, and 25
(iv) crimes and violence, and 26
(c) to prevent alcohol-related illness (such as cirrhosis of the liver), 27
and 28
(d) to reduce the harmful impact of alcohol in the workplace and in 29
industry generally. 30
5 Definitions 31
(1) In this Act: 32
alcohol advertisement means writing, still or moving picture, sign, 33
symbol or other visual image or message or audible message, or a 34
Page 2
Alcoholic Beverages Advertising Prohibition Bill 2012 Clause 5
Preliminary Part 1
combination of two or more of them, that gives publicity to or otherwise 1
promotes or is intended to promote: 2
(a) the purchase or use of an alcoholic beverage, or 3
(b) the trademark or brand name, or part of a trademark or brand 4
name, of an alcoholic beverage. 5
alcoholic beverage means spirit, wine or beer (or any other beverage) 6
which contains the drug alcohol and which is designed for human 7
consumption. 8
authorised officer means: 9
(a) a health surveyor appointed by the council of a local government 10
area, or 11
(b) a person authorised as an officer for the purposes of this Act by 12
an order made by the Director-General of the Ministry of Health. 13
book includes any printed material in any language. 14
brand name includes any part of a brand name. 15
newspaper includes a copy of any magazine, journal or periodical or 16
any other publication copies of which contain: 17
(a) news, information or reports of events, or 18
(b) remarks, observations or comments about any news, information 19
or events or about any other matter of interest to the public or to 20
any section of the public, 21
which are printed in any language and published at regular or irregular 22
intervals. 23
package, in relation to an alcoholic beverage, means a package: 24
(a) in which the alcoholic beverage is packed by a manufacturer, and 25
(b) which is in contact with the alcoholic beverage. 26
premises includes any place. 27
public place includes a place to which the public or a section of the 28
public ordinarily has access, whether or not by payment or by invitation. 29
racing includes horse racing and pacing, dog racing and motor car and 30
motorcycle racing. 31
relevant day means the fifth anniversary of the day on which the Bill for 32
this Act was introduced into the Legislative Council. 33
sell includes: 34
(a) barter or exchange, or 35
(b) offer or expose for sale, barter or exchange, or 36
(c) supply, or offer to supply, in circumstances in which the supplier 37
derives, or would derive, a direct or indirect pecuniary benefit, or 38
Page 3
Clause 5 Alcoholic Beverages Advertising Prohibition Bill 2012
Part 1 Preliminary
(d) supply or offer to supply gratuitously but with a view to gaining 1
or maintaining custom or otherwise with a view to commercial 2
gain. 3
sponsorship includes: 4
(a) scholarship, prize, gift or other benefit, or 5
(b) financial arrangement (other than a genuine contract of 6
employment or a genuine contract for services) for the direction, 7
promotion or publicity of one or more of the matters referred to 8
in section 9 (1) (a) or (b) through the medium of sporting, arts, 9
youth, educational or other like activities. 10
sport includes recreational and other activities but does not include 11
racing. 12
telecommunication medium includes radio and television. 13
(2) Notes included in this Act do not form part of this Act. 14
Page 4
Alcoholic Beverages Advertising Prohibition Bill 2012 Clause 6
Offences relating to promotion of alcoholic beverages Part 2
Part 2 Offences relating to promotion of alcoholic 1
beverages 2
6 Certain advertising prohibited 3
(1) A person who in New South Wales for any direct or indirect benefit 4
displays an alcohol advertisement, so that it can be seen or heard from 5
a public place, commits an offence. 6
(2) An individual who broadcasts or transmits an alcohol advertisement by 7
the use of any telecommunication medium commits an offence if, as a 8
consequence, there is a financial or other material benefit (either direct 9
or indirect): 10
(a) to the owner of the radio or television station concerned or any 11
company that controls the use of the medium, or 12
(b) to any employee of the owner or any such company, or 13
(c) to any other individual associated with the owner, any such 14
company or any such employee. 15
(3) A person who, after 3 months from the commencement of this Act, in 16
New South Wales: 17
(a) distributes to the public any unsolicited article, or 18
(b) sells, hires or supplies for any direct or indirect benefit any article 19
to any person (other than a person, or the employee of a person, 20
who is a manufacturer, distributor or retailer of an alcoholic 21
beverage), 22
that constitutes or contains an alcohol advertisement commits an 23
offence. 24
(4) This section does not apply in relation to anything done before the 25
relevant day, or before such earlier day as may be prescribed by the 26
regulations (either generally or in a particular case or class of cases), 27
under a contract or arrangement entered into before the day on which 28
the Bill for this Act was introduced into the Legislative Council. 29
(5) This section does not apply in relation to: 30
(a) an alcohol advertisement in or on a newspaper or book printed or 31
published outside New South Wales, the sole or main purpose of 32
which newspaper or book is not the promotion or publicising of 33
the purchase or use of an alcoholic beverage or a trademark or 34
brand name of an alcoholic beverage, or 35
(b) an alcohol advertisement in or on a package or carton containing 36
an alcoholic beverage, or 37
Page 5
Clause 6 Alcoholic Beverages Advertising Prohibition Bill 2012
Part 2 Offences relating to promotion of alcoholic beverages
(c) an alcohol advertisement that is displayed inside a shop or other 1
retail outlet where alcoholic beverages are offered or exposed for 2
sale, that is directly adjacent to a place where all or any of those 3
alcoholic beverages are offered or exposed for sale and that 4
complies with the regulations, or 5
(d) an invoice, statement, order, letterhead, business card, cheque, 6
manual or other document that is ordinarily used in the course of 7
the business of a manufacturer or distributor of an alcoholic 8
beverage, or 9
(e) anything to which this section does not apply by virtue of an 10
exemption granted under section 10. 11
(6) When 18 months has expired after the commencement of this Act, 12
subsection (5) (e) does not apply to an alcohol advertisement that is 13
visible from a public place, regardless of when the advertisement was 14
first displayed. 15
(7) In any proceedings for an offence under subsection (1) it is presumed 16
that, if there is present in the relevant alcohol advertisement: 17
(a) the name of a person who manufactures or distributes any 18
alcoholic beverage, or 19
(b) a trademark of which a person who manufactures or distributes 20
any alcoholic beverage is the registered proprietor or the 21
registered user, within the meaning of the Trade Marks Act 1995 22
of the Commonwealth, or 23
(c) a brand name used by a person who manufactures or distributes 24
any alcoholic beverage, 25
the person displayed that alcohol advertisement for a direct or indirect 26
benefit, unless the contrary is proved. 27
(8) In any proceedings for an offence under this section, if the thing that is 28
alleged to constitute an alcohol advertisement contains the trademark or 29
brand name of an alcoholic beverage, it is presumed to be designed to 30
promote or publicise the alcoholic beverage to which it relates unless 31
the contrary is proved. 32
(9) Any contract for the doing of anything prohibited by this section (being 33
a contract that purports to have been entered into after the Bill for this 34
Act was introduced into the Legislative Council) is void, whether or not 35
doing that thing constituted an offence when the contract purports to 36
have been entered into. 37
Page 6
Alcoholic Beverages Advertising Prohibition Bill 2012 Clause 7
Offences relating to promotion of alcoholic beverages Part 2
7 Competitions 1
(1) A person who, after 3 months from the commencement of this Act, in 2
connection with the sale of an alcoholic beverage or for the purpose of 3
promoting the sale of an alcoholic beverage: 4
(a) supplies (whether it is sent from inside or outside New South 5
Wales) to the purchaser, or any other person (not being a 6
purchaser or other person who is, or is the employee of, a 7
manufacturer, distributor or retailer of an alcoholic beverage) in 8
New South Wales: 9
(i) a prize, gift or other benefit, or 10
(ii) a stamp, coupon, token, voucher, ticket or other thing by 11
virtue of which the purchaser or any other person may 12
become entitled to, or may qualify for, a prize, gift or other 13
benefit (whether that entitlement or qualification is 14
absolute or conditional), or 15
(b) conducts (whether from inside or outside New South Wales) a 16
scheme: 17
(i) prescribed to be a scheme to promote the sale of an 18
alcoholic beverage or to promote drinking alcoholic 19
beverages generally, and 20
(ii) the whole or any part of which is implemented in New 21
South Wales, 22
commits an offence. 23
(2) It is a defence in proceedings for an offence under subsection (1) to 24
prove that the benefit or thing supplied, or participation in the relevant 25
scheme, was only incidentally connected with the purchase of an 26
alcoholic beverage and that equal opportunity to receive that benefit or 27
thing, or to participate in that scheme, and to buy beverages other than 28
alcoholic beverages, was afforded generally to persons who purchased 29
beverages, whether or not they were alcoholic beverages. 30
8 Free samples 31
(1) A person who, for the purpose of inducing or promoting the sale of an 32
alcoholic beverage, offers, gives or distributes to another person (not 33
being a person who is, or is the employee of, a manufacturer, distributor 34
or retailer of an alcoholic beverage) a free sample of an alcoholic 35
beverage commits an offence. 36
(2) This section does not apply to alcoholic beverages which are free 37
samples offered, given or distributed at the actual geographical location 38
where the beverages were made, being the winery or the vineyard (in the 39
case of wine) and the brewery (in the case of beer). 40
Page 7
Clause 9 Alcoholic Beverages Advertising Prohibition Bill 2012
Part 2 Offences relating to promotion of alcoholic beverages
9 Prohibition of sponsorships 1
(1) A person who promotes or publicises, or agrees to promote or publicise, 2
in New South Wales: 3
(a) an alcoholic beverage or a trademark or brand name, or part of a 4
trademark or brand name, of an alcoholic beverage, or 5
(b) the name or interests of a manufacturer or distributor of an 6
alcoholic beverage (whether or not that manufacturer or 7
distributor also manufactures or distributes a beverage other than 8
the alcoholic beverage) in association directly or indirectly with 9
the alcoholic beverage, 10
under a contract, or an arrangement (whether or not legally binding) 11
under which a sponsorship is provided or to be provided by another 12
person, commits an offence. 13
(2) A person who provides or agrees to provide a sponsorship under a 14
contract or arrangement of a kind referred to in subsection (1) commits 15
an offence. 16
(3) For the purposes of subsection (1) (b), the name or interests of a 17
manufacturer or distributor of an alcoholic beverage are taken to be in 18
association directly or indirectly with the alcoholic beverage if that 19
name or those interests are commonly associated by members of the 20
public in New South Wales with the alcoholic beverage. 21
(4) This section does not apply in relation to: 22
(a) anything done before the relevant day or before such earlier day 23
as may be prescribed by the regulations either generally or in a 24
particular case or class of cases, under a contract entered into 25
before the day on which the Bill for this Act was introduced into 26
the Legislative Council, or 27
(b) anything to which this section does not apply by virtue of an 28
exemption granted under section 10. 29
(5) Nothing in subsection (1) or (2) applies to the giving of, or an agreement 30
to give, a scholarship by a manufacturer or distributor of an alcoholic 31
beverage to an employee, or a member of the family of an employee, of 32
the manufacturer or distributor. 33
(6) Any contract for the doing of anything prohibited by this section (being 34
a contract that purports to have been entered into after the Bill for this 35
Act was introduced into the Legislative Council) is void, whether or not 36
doing that thing constituted an offence when the contract purports to 37
have been entered into. 38
Page 8
Alcoholic Beverages Advertising Prohibition Bill 2012 Clause 10
Offences relating to promotion of alcoholic beverages Part 2
10 Exemptions 1
(1) The Minister may, by notice published in the Gazette before the relevant 2
day: 3
(a) exempt a person or class of persons either wholly or in part from 4
the operation of section 6 or 9 subject to such conditions (if any) 5
as are set out in that notice or prescribed for the purposes of this 6
paragraph, or 7
(b) amend or revoke an exemption granted under this section. 8
(2) An exemption may be granted under this section only: 9
(a) after consultation between the Minister and the appropriate 10
Minister, and having regard to the nature and background of the 11
event, function or series concerned and to the purposes of this 12
Act, to facilitate the promotion and conduct of: 13
(i) a sporting, racing or arts event or function, or 14
(ii) a series of sporting, racing or arts events or functions, 15
of national or international significance, or 16
(b) in any case of significant hardship to persons other than 17
manufacturers or wholesalers of alcohol. 18
(3) The appropriate Minister is: 19
(a) in relation to an exemption to facilitate the promotion and 20
conduct of a sporting or racing event or function or a series of 21
such events or functions, the Minister for Tourism, Major Events, 22
Hospitality and Racing, or 23
(b) in relation to an exemption to facilitate the promotion and 24
conduct of an arts event or function or a series of such events or 25
functions, the Minister for the Arts. 26
(4) The Minister must, when deciding whether or not to grant an exemption 27
under this section for the purpose referred to in subsection (2) (a), have 28
regard to: 29
(a) any substantial connection between the relevant event or function 30
or series of events or functions and other significant events or 31
functions outside the State, and 32
(b) any reasonable efforts that have been made to obtain sufficient 33
financial or other support for the relevant event or function or 34
series of events or functions from sources other than the 35
advertising of alcoholic beverages to render the exemption 36
unnecessary. 37
(5) An exemption granted under this section has no effect after the relevant 38
day. 39
Page 9
Clause 11 Alcoholic Beverages Advertising Prohibition Bill 2012
Part 3 Reintroduction of local option
Part 3 Reintroduction of local option 1
11 Request to declare local option area 2
(1) Anyone can request the Minister to declare a specified area to be a local 3
option area. Streets and other landmarks can be used to describe the 4
boundaries of such an area. 5
(2) The request is not effective unless it is accompanied by a petition 6
supporting the declaration of the area that the Minister is satisfied: 7
(a) clearly described the boundaries of the specified area, the 8
grounds on which the request was made and the effect of 9
declaring that area to be a local option area, and 10
(b) was signed (within a period of not more than 6 successive 11
months) by not less than 10% of such of the people who reside in 12
that area as are each entitled to vote in an election of a member of 13
the Legislative Assembly for the electorate that includes his or 14
her place of residence, and 15
(c) contains, so that they may be easily read, the surname and the 16
given name or given names (or the surname and the initials of the 17
given name or given names) of, the residential address of, and the 18
date on which the petition was signed by, each signatory, and 19
(d) specifies whether the declaration sought is a declaration of 20
general application or a declaration limited to specified hours or 21
other periods of time. 22
(3) An area for the purposes of a declaration under this Part may consist of 23
(but is not limited to) a local government area or a ward of such an area. 24
(4) If such an area consists of part of a ward only, subsection (2) (b) requires 25
the signature of not less than 10% of all the people who reside in the 26
whole of the ward and who are qualified to vote as referred to in that 27
paragraph. 28
12 Declaration of local option area 29
(1) The Minister must declare a local option area in accordance with such a 30
request if the Minister agrees with the council of each local government 31
area the whole or any part of which comprises or is included in the 32
proposed local option area that any of the following situations apply: 33
(a) there are widespread problems with youth which are related to 34
alcohol being consumed in the proposed local option area, 35
(b) there is widespread alcohol-related crime in that area, 36
(c) there is widespread alcohol abuse in that area, 37
Page 10
Alcoholic Beverages Advertising Prohibition Bill 2012 Clause 13
Reintroduction of local option Part 3
(d) there are widespread alcohol-related illnesses, accidents or 1
deaths in that area. 2
(2) For the period of 4 months before a local option area is declared under 3
this Part, notice of intention to declare the area (containing details of the 4
proposed declaration) must be given at not less than monthly intervals 5
in at least one local newspaper and at least one other newspaper 6
circulated throughout the area. 7
13 Rescission of declaration 8
(1) The Minister may rescind the declaration of a local option area, or any 9
such declaration in so far as it relates to part of a local option area, but 10
only in accordance with an agreement for rescission made between the 11
Minister and the council of the local government area that constitutes 12
that area or the part of that area. 13
(2) Such an agreement may not be made: 14
(a) until 6 months have expired after the declaration of the local 15
option area concerned, or 16
(b) until 6 months after the last occasion (if any) on which the 17
Minister or the council concerned unsuccessfully requested the 18
other of them to agree to the rescission. 19
(3) If the declaration of a local option area is rescinded in so far as it relates 20
to part of the area, the local option area is taken to consist only of that 21
part. 22
14 When declaration or rescission has effect 23
The declaration of a local option area, and any rescission of such a 24
declaration, have effect only when notice of the declaration or 25
rescission has been published in the Gazette. 26
15 Duration of declaration 27
(1) A declaration of a local option area must specify the nominal period for 28
which the declaration will be in force unless it is sooner rescinded. 29
(2) The nominal period must commence at least one month after 30
publication of the declaration in the Gazette and be a period of not less 31
than 3 years nor more than 5 years. 32
(3) A declaration of a local option area has effect only until the nominal 33
period specified in the declaration expires or until it is rescinded, 34
whichever occurs first. 35
16 Prohibitions applicable to local option areas 36
(1) A person commits an offence if the person: 37
Page 11
Clause 16 Alcoholic Beverages Advertising Prohibition Bill 2012
Part 3 Reintroduction of local option
(a) buys, sells or (for any direct or indirect material benefit to the 1
person delivering) delivers any quantity of an alcoholic beverage, 2
or 3
(b) consumes any alcoholic beverage in a public place, 4
within any local option area declared under this Part while the 5
declaration is in force. 6
Maximum penalty: 1 penalty unit. 7
(2) If the declaration is expressed to be limited to specified hours or other 8
periods of time, the declaration is taken not to be in force at any other 9
time for the purposes of subsection (1). 10
(3) If a person is convicted of an offence under this section of buying, 11
selling or delivering a quantity of an alcoholic beverage, the beverage 12
and any bottle, keg, barrel, cask or other container in which it is 13
contained: 14
(a) are forfeited to the Crown, and 15
(b) may be seized by an authorised officer or any police officer, and 16
(c) are to be disposed of as the Minister directs. 17
(4) After notice of the declaration of a local option area has been published 18
in the Gazette and before the declaration commences to be in force, the 19
average monthly quantity of any kind of alcoholic beverage sold from 20
premises within that area that are (or are required to be) licensed for the 21
purpose under the Liquor Act 2007 is not to exceed the average monthly 22
quantity of that kind of liquor sold per month for the 12 months before 23
the notice was published. 24
(5) The regulations may provide for the making, keeping and inspection of 25
records of sales of alcoholic beverages for the purpose of ensuring that 26
subsection (4) is complied with. 27
(6) If any quantity of an alcoholic beverage is sold in contravention of this 28
section at any premises licensed under the Liquor Act 2007, any licence 29
for the premises granted under that Act is taken to be cancelled. 30
Page 12
Alcoholic Beverages Advertising Prohibition Bill 2012 Clause 17
Alcohol Advertising Prohibition Committee Part 4
Part 4 Alcohol Advertising Prohibition Committee 1
17 Alcohol Advertising Prohibition Committee 2
(1) The Alcohol Advertising Prohibition Committee is established. 3
(2) The Committee is to consist of 5 members appointed by the Minister, of 4
whom: 5
(a) 1 is to be appointed as Chairperson, and 6
(b) 3 are to be appointed on the nomination of the Director-General 7
of the Ministry of Health, and 8
(c) 1 is to be a person nominated by the Chief Executive Officer of 9
the Outdoor Advertising Association of Australia. 10
(3) Schedule 1 sets out provisions with respect to the members and 11
meetings of the Committee. 12
18 Functions of Committee 13
(1) The Alcohol Advertising Prohibition Committee is to prepare and 14
submit to the Minister a code which provides for the regular and 15
progressive stages in accordance with which advertisements to which 16
section 6 applies should be removed or obscured and sponsorships to 17
which section 9 applies should be terminated. 18
(2) The code is to provide for the removal or obscuring of advertisements 19
and the termination of sponsorships by the relevant day. 20
(3) The Committee's initial advice concerning the provisions of the code is 21
to be given within 3 months after the commencement of this section. 22
(4) The Committee has such other advisory functions as the Minister may 23
determine. 24
19 Responsibility of Minister 25
(1) The Minister is required to recommend to the Governor the making of 26
regulations which will ensure: 27
(a) the removal or obscuring of advertisements to which section 6 28
applies, and 29
(b) the termination of sponsorships to which section 9 applies, 30
by regular and progressive stages. 31
(2) The Minister, in making any recommendation under this section, must 32
consider any code submitted and any advice given by the Alcohol 33
Advertising Prohibition Committee. 34
(3) This section does not apply to an advertisement or sponsorship which is 35
the subject of an exemption under section 10. 36
Page 13
Clause 20 Alcoholic Beverages Advertising Prohibition Bill 2012
Part 4 Alcohol Advertising Prohibition Committee
20 Provision of assistance to Committee 1
For the purpose of the exercise of its functions, the Director-General of 2
the Ministry of Health is to provide the Alcohol Advertising Prohibition 3
Committee with such assistance as it may reasonably require. 4
Page 14
Alcoholic Beverages Advertising Prohibition Bill 2012 Clause 21
Enforcement Part 5
Part 5 Enforcement 1
21 Removal of certain advertisements 2
(1) This section applies to an alcohol advertisement: 3
(a) if the advertisement was placed or displayed in contravention of 4
this Act or the regulations, or 5
(b) after the relevant day or such earlier day as may be prescribed by 6
the regulations either generally or in a particular case or class of 7
cases, whether or not the advertisement was placed or displayed 8
in contravention of this Act or the regulations. 9
(2) If an alcohol advertisement is situated in a public place or on any 10
premises from which it can be seen from a public place, the Local Court 11
may order: 12
(a) that the advertisement be removed or obscured by an authorised 13
officer, and 14
(b) if any person has been convicted of an offence against this Act or 15
the regulations relating to the placing or displaying of the 16
advertisement, that the person pay the reasonable costs incurred 17
by the authorised officer in removing or obscuring the 18
advertisement. 19
(3) Subsection (2) does not apply to an advertisement that is displayed 20
inside a shop or other retail outlet where alcoholic beverages are offered 21
or exposed for sale and that complies with the regulations. 22
(4) An authorised officer does not commit a civil wrong and is not liable for 23
damages for anything done or omitted to be done while removing or 24
obscuring an alcohol advertisement with reasonable care under the 25
authority of such an order. 26
(5) Any alcohol advertisement in the form of an article that is removed in 27
accordance with such an order is taken to be the property of such person 28
as is specified in the order. 29
(6) If any costs are payable under such an order, they may be recovered in 30
a court of competent jurisdiction as a debt due to the Crown or a council, 31
as the case requires. 32
(7) This section does not apply to an alcohol advertisement while it may be 33
lawfully displayed in accordance with an exemption provided by this 34
Act or the regulations. 35
Page 15
Clause 22 Alcoholic Beverages Advertising Prohibition Bill 2012
Part 5 Enforcement
22 Power of entry 1
(1) An authorised officer may enter any premises to remove or obscure an 2
alcohol advertisement under the authority of an order made by the Local 3
Court. 4
(2) This section does not allow the entry of any premises or part of premises 5
used as a dwelling. 6
23 Intimidation or obstruction of authorised officer 7
A person must not in any way intimidate or obstruct an authorised 8
officer who is removing or obscuring an alcohol advertisement under 9
the authority of an order made by the Local Court or who is attempting 10
to do so. 11
Maximum penalty: 50 penalty units for a first offence or 100 penalty 12
units for a second or subsequent offence. 13
24 Consent required for prosecutions 14
Proceedings for an offence against this Act are not to be commenced 15
without the consent in writing of the Director-General of the Ministry 16
of Health or a person authorised by him or her in writing for the purpose 17
of this section. 18
25 Penalties 19
(1) A person who commits an offence under section 6 (1), (2) or (3), 7 (1), 20
8 (1), 9 (1) or (2) or 30 (1) is liable: 21
(a) in the case of an individual, to a penalty of not more than: 22
(i) 50 penalty units for a first offence, or 23
(ii) 100 penalty units for a second or subsequent offence, or 24
(b) in the case of a body corporate, to a penalty of not more than: 25
(i) 200 penalty units for a first offence, or 26
(ii) 400 penalty units for a second or subsequent offence. 27
(2) If a continuing state of affairs is created by an offence referred to in 28
subsection (1), the offender is liable to a penalty of not more than: 29
(a) 50 penalty units in the case of an individual, or 30
(b) 200 penalty units in the case of a body corporate, 31
in respect of each day on which that offence continues, in addition to the 32
penalty specified in that subsection. 33
26 Proceedings for offences 34
(1) Proceedings for an offence against this Act or the regulations may be 35
disposed of in a summary manner before the Local Court. 36
Page 16
Alcoholic Beverages Advertising Prohibition Bill 2012 Clause 27
Enforcement Part 5
(2) An offence against this Act may be dealt with as an indictable offence, 1
but only if the prosecutor proposes that the offence be so dealt with. 2
(3) If proceedings for an offence against this Act or the regulations are 3
disposed of in a summary manner before the Local Court, the maximum 4
penalty that may be imposed is 100 penalty units, or the maximum 5
penalty for the offence (whichever is the lesser), despite any other 6
provision of this Act. 7
(4) If proceedings for such an offence are taken on indictment, the 8
maximum penalty that may be imposed is the maximum penalty for the 9
offence. 10
(5) Proceedings for such an offence may be commenced at any time within 11
12 months after the date on which the offence is alleged to have been 12
committed. 13
27 Offences by bodies corporate 14
(1) When a body corporate commits an offence under this Act or the 15
regulations, every officer of the body corporate commits the same 16
offence unless he or she proves that: 17
(a) the offence was committed without his or her consent or 18
connivance, and 19
(b) he or she exercised all such due diligence to prevent the 20
commission of that offence as he or she ought to have exercised, 21
having regard to the nature of his or her functions in that capacity 22
and to all the circumstances. 23
(2) In subsection (1): 24
officer, in relation to a body corporate, means: 25
(a) a director, secretary or executive officer of the body corporate, or 26
(b) a receiver, or receiver and manager, of property of the body 27
corporate, or any other authorised person who enters into 28
possession or assumes control of property of the body corporate 29
for the purpose of enforcing any charge, or 30
(c) an official manager or a deputy official manager of the body 31
corporate, or 32
(d) a liquidator of the body corporate, or 33
(e) a trustee or other person administering a compromise or 34
arrangement made between the body corporate and another 35
person or other persons, 36
and includes any other person, by whatever name called and whether or 37
not a director of the body corporate, who is concerned, or takes part, in 38
the management of the body corporate. 39
Page 17
Clause 28 Alcoholic Beverages Advertising Prohibition Bill 2012
Part 6 General
Part 6 General 1
28 Certain civil proceedings barred 2
An action at law or in equity does not lie against a person for: 3
(a) the omission to do any thing the doing of which, or 4
(b) the doing of any thing the omission to do which, 5
would constitute an offence under this Act. 6
29 Regulations 7
(1) The Governor may make regulations prescribing all matters that are 8
required or permitted by this Act to be prescribed, or are necessary or 9
convenient to be prescribed for giving effect to the purposes of this Act, 10
and, in particular: 11
(a) prescribing the labelling of packages containing alcoholic 12
beverages, including the position of labels on packages and the 13
size, colour, style and nature of labels or labelling, and 14
(b) prescribing the size, colour, style, position and nature of alcohol 15
advertisements displayed inside shops and other retail outlets 16
where alcoholic beverages are offered or exposed for sale, and 17
any statements or warnings to be included in those alcohol 18
advertisements, and 19
(c) prescribing the duty of persons packing, or causing other persons 20
to pack, specified alcoholic beverages prepared for drinking to 21
label those alcoholic beverages in a specified manner, and 22
(d) prohibiting the sale of packages containing specified alcoholic 23
beverages prepared for drinking unless those packages are 24
labelled in a specified manner, and 25
(e) exempting persons from any of the requirements made by 26
section 16, but only in specified circumstances and where the 27
quantity of alcoholic beverage concerned does not exceed that 28
specified in relation to those circumstances, and 29
(f) creating offences and providing in respect of any such offence a 30
penalty not exceeding 10 penalty units. 31
(2) In this section, specified means specified in regulations made under this 32
section. 33
30 Warnings 34
(1) The producer of an alcoholic beverage commits an offence if a warning 35
prescribed by the regulations is not displayed, in accordance with the 36
regulations, on the packaging in which the alcoholic beverage is sold or 37
supplied by the producer. 38
Page 18
Alcoholic Beverages Advertising Prohibition Bill 2012 Clause 31
General Part 6
(2) The warning must give information about the harmful effects of alcohol 1
consumption. 2
Note. The following are examples of warnings that may be prescribed: 3
(a) alcohol consumption can be harmful to your health and can cause: 4
(i) cirrhosis of the liver, and 5
(ii) permanent brain damage, 6
(b) alcohol consumption often leads to deaths on the road. 7
31 Review of Act 8
(1) Within a period of 12 months commencing on the third anniversary of 9
the day on which this Act commenced, the Minister must cause an 10
investigation and review to be conducted and a report prepared, 11
concerning the operation of this Act. 12
(2) The Minister must cause a copy of the report referred to in 13
subsection (1) to be laid before each House of Parliament as soon as is 14
practicable after the completion of that report. 15
Page 19
Alcoholic Beverages Advertising Prohibition Bill 2012
Schedule 1 Provisions relating to Alcohol Advertising Prohibition Committee
Schedule 1 Provisions relating to Alcohol 1
Advertising Prohibition Committee 2
(Section 17 (3)) 3
1 Nominations 4
(1) A nomination of a member of the Committee must: 5
(a) be submitted in writing to the Minister at the request of the 6
Minister, and 7
(b) be in respect of a person who is prepared to be a member. 8
(2) If a person does not submit a nomination within 30 days after the 9
making of the relevant request, the Minister may appoint a person to be 10
the member concerned to represent the interests of the person or body 11
in default until the relevant nomination is submitted. 12
2 Term of office 13
A member has such term of office, not exceeding 4 years, as may be 14
specified by the Minister in the instrument appointing the member. 15
3 Quorum 16
Three members constitute a quorum for a meeting of the Committee. 17
4 Presiding member 18
(1) The Chairperson is to preside at each meeting of the Committee at 19
which the Chairperson is present. 20
(2) In the absence of the Chairperson from a meeting of the Committee, the 21
members present are to select from among their number a member to 22
preside at the meeting. 23
5 Decisions of Committee 24
(1) A decision supported by the votes of the majority of the members 25
present and voting at a meeting of the Committee is the decision of the 26
Committee. 27
(2) Each member present at a meeting of the Committee is entitled to one 28
vote on a matter arising for determination at the meeting. 29
6 Calling of first meeting 30
The Minister is to call the first meeting of the Committee in such 31
manner as the Minister thinks fit. 32
Page 20
Alcoholic Beverages Advertising Prohibition Bill 2012
Provisions relating to Alcohol Advertising Prohibition Committee Schedule 1
7 Procedure 1
The Committee is to decide its own procedure for the conduct of its 2
meetings, except as provided by this Schedule. 3
Page 21
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