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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Alcoholic Beverages Advertising Prohibition
Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to encourage a healthier lifestyle:
(a) by prohibiting advertising and other promotional activities aimed at assisting the sale of
alcoholic beverages and consequently reducing the incentive for people to consume
alcohol, and
(b) by providing for the declaration of local option areas within which the purchase, sale or
delivery, or the consumption in a public place, of alcoholic beverages will be an offence.
The Bill also establishes the Alcohol Advertising Prohibition Committee which will be required
to prepare a timetable for the removal of advertisements promoting alcoholic beverages and the
termination of sponsorships related to the promotion of any such beverages.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Clause 3 provides that the proposed Act will bind the Crown.
b2015-027.d05
Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Explanatory note
Clause 4 states the purposes of the proposed Act as the following:
(a) the discouragement of alcohol consumption by:
(i) persuading young people not to drink and not to abuse alcoholic beverages,
(ii) limiting exposure of young people and children to persuasion to drink alcoholic
beverages,
(iii) encouraging drinkers of other beverages not to start drinking alcoholic beverages,
(iv) assisting those who wish to limit or give up alcohol consumption,
(b) the reduction of alcohol-related:
(i) domestic violence,
(ii) deaths,
(iii) road accidents,
(iv) crimes and other violence,
(c) the prevention of alcohol-related illness (such as cirrhosis of the liver),
(d) the reduction of the harmful impact of alcohol in the home and in workplaces and industry
generally.
Clause 5 defines certain terms used in the proposed Act.
Part 2 Offences relating to promotion of alcoholic beverages
Clause 6 prohibits the commercial advertising of alcoholic beverages:
(a) where the advertisement can be seen or heard from a public place, or
(b) on radio or television, if there is a material benefit to the owner of the radio or television
station, or
(c) on unsolicited things distributed to the public, or
(d) by means of articles (such as newspapers or books) sold, hired or supplied for some benefit,
but does not prohibit any such advertising that is done within 5 years after the introduction of this
Bill into Parliament (or within such shorter period as may be fixed by a regulation) if it is done in
accordance with a contract or arrangement made before the introduction of this Bill into
Parliament, or any such advertising that is:
(e) in a newspaper or book printed or published outside the State, if incidental to the main
purpose of the newspaper or book, or
(f) in or on a package or carton containing an alcoholic beverage, or
(g) in a shop or similar retail outlet where alcoholic beverages are offered or exposed for sale,
or
(h) on documents used in the ordinary course of business, or
(i) otherwise exempted under the proposed Act.
The maximum penalty for a first offence, if committed by an individual, is 50 penalty units
(currently $5,500) and for subsequent offences is 100 penalty units (currently $11,000).
The maximum penalty for a first offence, if committed by a body corporate, is 200 penalty units
(currently $22,000) and for subsequent offences is 400 penalty units (currently $44,000).
An additional daily penalty of up to 50 penalty units (for an individual) or 200 penalty units (for
a body corporate) may be imposed in the case of a continuing offence.
Clause 7 prohibits promotional "competitions" and other prescribed schemes designed to
promote the sale, or generally to promote the drinking, of alcoholic beverages.
The maximum penalties for offences committed by individuals or corporations are the same as
under proposed section 6.
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Explanatory note
Clause 8 prohibits the offering, giving or distributing of free samples of alcoholic beverages to
promote the sale of such products, except to manufacturers, distributors or retailers of alcoholic
beverages or their employees or at wineries, vineyards or breweries.
The maximum penalties for offences committed by individuals or corporations are the same as
under proposed section 6.
Clause 9 prohibits the promotion of, or agreements to promote, alcoholic beverages or their
trademark or brand name in return for a sponsorship of some activity and also prohibits the
provision of a sponsorship on those terms, subject to certain exceptions and exemptions.
The maximum penalties for offences committed by individuals or corporations are the same as
under proposed section 6.
Clause 10 allows the Minister to grant exemptions from the requirements of proposed section 6
or 9 in limited circumstances. No exemption will be effective after the fifth anniversary of the date
of introduction of this Bill into Parliament.
Part 3 Reintroduction of local option
Clause 11 allows a request for the declaration of a local option area to be made to the Minister,
but only if it is supported by a petition signed by at least 10% of the enfranchised residents of the
proposed area or, if the proposed area is part of a ward, of the whole of the ward.
Clause 12 empowers the Minister to declare a local option area, but only with the agreement of
the local council that there exists a particular alcohol-related problem in the proposed area.
Clause 13 empowers the Minister to rescind a declaration of a local option area, but only with the
consent of the local council and after it has been in force for at least 6 months.
Clause 14 requires notice of the declaration of a local option area, and of any rescission of such a
declaration, to be published in the Gazette before it is effective.
Clause 15 provides that a local option area will be effective for the period of not less than 3 nor
more than 5 years specified in the declaration of the area, unless sooner rescinded.
Clause 16 creates an offence if, in a declared local option area and while the relevant declaration
is in force, anyone buys, sells or (for a material benefit) delivers, an alcoholic beverage or
consumes any such drink in a public place. Any drink the subject of such an offence, and any bottle
or other container in which it is contained, is forfeited to the Crown. A licensee under the Liquor
Act 2007 will lose the licence if prohibited sales are made from the licensed premises.
The regulations may create specific exemptions from such an offence.
Part 4 Alcohol Advertising Prohibition Committee
Clause 17 establishes the Alcohol Advertising Prohibition Committee which will consist of
5 members appointed by the Minister.
Clause 18 requires the Committee to provide the Minister with a timetable for the progressive
withdrawal of advertising and promotional activities relating to alcoholic beverages.
Clause 19 requires the Minister to promote regulations providing for the progressive withdrawal
of such advertising and promotional activities.
Clause 20 provides for the Secretary of the Ministry of Health to provide the Committee with the
resources necessary for it to exercise its functions.
Part 5 Enforcement
Clause 21 allows the Local Court to order the removal of an advertisement for an alcoholic
beverage that is displayed in contravention of the proposed Act, or that was originally lawfully
displayed but is required to be removed under the scheme for removal of such advertisements
provided by the proposed Act.
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Explanatory note
Clause 22 empowers the entry into premises (unless used for a dwelling) to remove
advertisements under such an order.
Clause 23 creates an offence if an authorised officer who is required by such an order to remove
an advertisement is intimidated or obstructed in giving effect to the order.
Clause 24 requires the consent of the Secretary of the Ministry of Health to proceedings for an
offence under the proposed Act.
Clause 25 fixes maximum penalties for certain of the offences under the proposed Act.
Clause 26 provides that offences under the proposed Act and the regulations may be dealt with
summarily before the Local Court or on indictment.
Clause 27 allows prosecution of the persons involved in the management of a body corporate for
offences committed by the body corporate.
Part 6 General
Clause 28 bars civil proceedings against a person for doing, or omitting to do, anything which is
done or omitted to be done in compliance with the proposed Act.
Clause 29 empowers the Governor to make regulations for the purposes of the proposed Act.
Clause 30 requires health warnings to be displayed on packaging for alcoholic beverages in
accordance with the regulations.
Clause 31 provides that, before 4 years expire after assent to the proposed Act, the Minister is to
have its operation, and the continuing need for it, investigated and a report made. The report is to
be tabled in Parliament.
Schedule 1 Provisions relating to Alcohol Advertising
Prohibition Committee
Clause 1 requires nominations for membership of the Committee to be sought by the Minister.
Clause 2 allows a member a term of office of not more than 4 years, fixed by the Minister.
Clause 3 fixes a quorum of 3 members for a meeting of the Committee.
Clause 4 requires the Chairperson of the Committee to preside over its meetings.
Clause 5 states how decisions of the Committee are made.
Clause 6 requires the Minister to call the first meeting of the Committee.
Clause 7 allows the Committee to fix the procedure for its meetings.
Page 4
Introduced by Revd the Hon F J Nile, MLC First print
New South Wales
Alcoholic Beverages Advertising Prohibition
Bill 2015
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 4
7 Competitions 5
8 Free samples 5
9 Prohibition of sponsorships 6
10 Exemptions 6
Part 3 Reintroduction of local option
11 Request to declare local option area 8
12 Declaration of local option area 8
13 Rescission of declaration 8
14 When declaration or rescission has effect 9
15 Duration of declaration 9
16 Prohibitions applicable to local option areas 9
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Contents
Page
Part 4 Alcohol Advertising Prohibition Committee
17 Alcohol Advertising Prohibition Committee 11
18 Functions of Committee 11
19 Responsibility of Minister 11
20 Provision of assistance to Committee 11
Part 5 Enforcement
21 Removal of certain advertisements 12
22 Power of entry 12
23 Intimidation or obstruction of authorised officer 12
24 Consent required for prosecutions 12
25 Penalties 13
26 Proceedings for offences 13
27 Offences by bodies corporate 13
Part 6 General
28 Certain civil proceedings barred 15
29 Regulations 15
30 Warnings 15
31 Review of Act 15
Schedule 1 Provisions relating to Alcohol Advertising
Prohibition Committee 17
Page 2
New South Wales
Alcoholic Beverages Advertising Prohibition
Bill 2015
No , 2015
A Bill for
An Act to prohibit the advertising of alcoholic beverages and related trade marks, brand names
and logos; and for other purposes.
Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
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 2015. 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 the legislative 8
power of Parliament permits, the Crown in all its other capacities. 9
4 Purposes of the Act 10
The purposes of this Act are: 11
(a) to discourage alcohol consumption by: 12
(i) persuading young people not to drink and not to abuse alcoholic 13
beverages, and 14
(ii) limiting exposure of young people and children to persuasion to drink 15
alcoholic beverages, and 16
(iii) encouraging drinkers of other beverages not to start drinking alcoholic 17
beverages, and 18
(iv) assisting those who wish to limit or give up alcohol consumption, and 19
(b) to reduce alcohol-related: 20
(i) domestic violence, and 21
(ii) deaths, and 22
(iii) road accidents, and 23
(iv) crime and violence, and 24
(c) to prevent alcohol-related illness (such as cirrhosis of the liver), and 25
(d) to reduce the harmful impact of alcohol in the workplace and in industry 26
generally. 27
5 Definitions 28
(1) In this Act: 29
alcohol advertisement means any writing, still or moving picture, sign, symbol or 30
other visual image or message or audible message, or a combination of 2 or more of 31
them, that gives publicity to or otherwise promotes or is intended to promote: 32
(a) the purchase or use of an alcoholic beverage, or 33
(b) the trademark or brand name, or part of a trademark or brand name, of an 34
alcoholic beverage. 35
alcoholic beverage means spirit, wine or beer (or any other beverage) which contains 36
alcohol and which is designed for human consumption. 37
authorised officer means: 38
(a) a health surveyor appointed by the council of a local government area, or 39
(b) a person authorised as an officer for the purposes of this Act by an order made 40
by the Secretary of the Ministry of Health. 41
book includes any printed material in any language. 42
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 1 Preliminary
brand name includes any part of a brand name. 1
Committee means the Alcohol Advertising Prohibition Committee established under 2
Part 4. 3
newspaper includes a copy of any magazine, journal or periodical or any other 4
publication copies of which contain: 5
(a) news, information or reports of events, or 6
(b) remarks, observations or comments about any news, information or events or 7
about any other matter of interest to the public or to any section of the public, 8
which are printed in any language and published at regular or irregular intervals. 9
package, in relation to an alcoholic beverage, means a package: 10
(a) in which the alcoholic beverage is packed by a manufacturer, and 11
(b) which is in contact with the alcoholic beverage. 12
premises includes any place. 13
public place includes a place to which the public or a section of the public ordinarily 14
has access, whether or not by payment or by invitation. 15
racing includes horse racing and pacing, dog racing and motor car and motorcycle 16
racing. 17
relevant day means the fifth anniversary of the day on which the Bill for this Act was 18
introduced into the Legislative Council. 19
sell includes: 20
(a) barter or exchange, or 21
(b) offer or expose for sale, barter or exchange, or 22
(c) supply, or offer to supply, in circumstances in which the supplier derives, or 23
would derive, a direct or indirect pecuniary benefit, or 24
(d) supply or offer to supply gratuitously but with a view to gaining or maintaining 25
custom or otherwise with a view to commercial gain. 26
sponsorship includes: 27
(a) scholarship, prize, gift or other benefit, or 28
(b) financial arrangement (other than a genuine contract of employment or a 29
genuine contract for services) for the distribution, promotion or publicity of 30
one or more of the matters referred to in section 9 (1) (a) or (b) through the 31
medium of sporting, arts, youth, educational or other like activities. 32
sport includes recreational and other activities but does not include racing. 33
telecommunication medium includes radio and television. 34
(2) Notes included in this Act do not form part of this Act. 35
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 2 Offences relating to promotion of alcoholic beverages
Part 2 Offences relating to promotion of alcoholic beverages 1
6 Certain advertising prohibited 2
(1) A person who in New South Wales for any direct or indirect benefit displays an 3
alcohol advertisement, so that it can be seen or heard from a public place, commits 4
an offence. 5
(2) An individual who broadcasts or transmits an alcohol advertisement by the use of any 6
telecommunication medium commits an offence if, as a consequence, there is a 7
financial or other material benefit (either direct or indirect): 8
(a) to the owner of the radio or television station concerned or any company that 9
controls the use of the medium, or 10
(b) to any employee of the owner or any such company, or 11
(c) to any other individual associated with the owner, any such company or any 12
such employee. 13
(3) A person who, after 3 months from the commencement of this Act, in New South 14
Wales: 15
(a) distributes to the public any unsolicited article, or 16
(b) sells, hires or supplies for any direct or indirect benefit any article to any 17
person (other than a person, or the employee of a person, who is a 18
manufacturer, distributor or retailer of an alcoholic beverage), 19
that constitutes or contains an alcohol advertisement commits an offence. 20
(4) This section does not apply in relation to anything done before the relevant day, or 21
before such earlier day as may be prescribed by the regulations (either generally or 22
in a particular case or class of cases), under a contract or arrangement entered into 23
before the day on which the Bill for this Act was introduced into the Legislative 24
Council. 25
(5) This section does not apply in relation to: 26
(a) an alcohol advertisement in or on a newspaper or book printed or published 27
outside New South Wales, the sole or main purpose of which newspaper or 28
book is not the promotion or publicising of the purchase or use of an alcoholic 29
beverage or a trademark or brand name of an alcoholic beverage, or 30
(b) an alcohol advertisement in or on a package or carton containing an alcoholic 31
beverage, or 32
(c) an alcohol advertisement that is displayed inside a shop or other retail outlet 33
where alcoholic beverages are offered or exposed for sale, that is directly 34
adjacent to a place where all or any of those alcoholic beverages are offered or 35
exposed for sale and that complies with the regulations, or 36
(d) an invoice, statement, order, letterhead, business card, cheque, manual or other 37
document that is ordinarily used in the course of the business of a 38
manufacturer or distributor of an alcoholic beverage, or 39
(e) anything to which this section does not apply by virtue of an exemption 40
granted under section 10. 41
(6) When 18 months has expired after the commencement of this Act, subsection (5) (e) 42
does not apply to an alcohol advertisement that is visible from a public place, 43
regardless of when the advertisement was first displayed. 44
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 2 Offences relating to promotion of alcoholic beverages
(7) In any proceedings for an offence under subsection (1) it is presumed that, if there is 1
present in the relevant alcohol advertisement: 2
(a) the name of a person who manufactures or distributes any alcoholic beverage, 3
or 4
(b) a trademark of which a person who manufactures or distributes any alcoholic 5
beverage is the registered proprietor or the registered user, within the meaning 6
of the Trade Marks Act 1995 of the Commonwealth, or 7
(c) a brand name used by a person who manufactures or distributes any alcoholic 8
beverage, 9
the person displayed that alcohol advertisement for a direct or indirect benefit, unless 10
the contrary is proved. 11
(8) In any proceedings for an offence under this section, if the thing that is alleged to 12
constitute an alcohol advertisement contains the trademark or brand name of an 13
alcoholic beverage, it is presumed to be designed to promote or publicise the 14
alcoholic beverage to which it relates unless the contrary is proved. 15
(9) Any contract for the doing of anything prohibited by this section (being a contract 16
that purports to have been entered into after the Bill for this Act was introduced into 17
the Legislative Council) is void, whether or not doing that thing constituted an 18
offence when the contract purports to have been entered into. 19
7 Competitions 20
(1) A person who, after 3 months from the commencement of this Act, in connection 21
with the sale of an alcoholic beverage or for the purpose of promoting the sale of an 22
alcoholic beverage: 23
(a) supplies (whether it is sent from inside or outside New South Wales) to the 24
purchaser, or any other person (not being a purchaser or other person who is, 25
or is the employee of, a manufacturer, distributor or retailer of an alcoholic 26
beverage) in New South Wales: 27
(i) a prize, gift or other benefit, or 28
(ii) a stamp, coupon, token, voucher, ticket or other thing by virtue of which 29
the purchaser or any other person may become entitled to, or may 30
qualify for, a prize, gift or other benefit (whether that entitlement or 31
qualification is absolute or conditional), or 32
(b) conducts (whether from inside or outside New South Wales) a scheme: 33
(i) prescribed to be a scheme to promote the sale of an alcoholic beverage 34
or to promote drinking alcoholic beverages generally, and 35
(ii) the whole or any part of which is implemented in New South Wales, 36
commits an offence. 37
(2) It is a defence in proceedings for an offence under subsection (1) to prove that the 38
benefit or thing supplied, or participation in the relevant scheme, was only 39
incidentally connected with the purchase of an alcoholic beverage and that equal 40
opportunity to receive that benefit or thing, or to participate in that scheme, and to 41
buy beverages other than alcoholic beverages, was afforded generally to persons who 42
purchased beverages, whether or not they were alcoholic beverages. 43
8 Free samples 44
(1) A person who, for the purpose of inducing or promoting the sale of an alcoholic 45
beverage, offers, gives or distributes to another person (not being a person who is, or 46
is the employee of, a manufacturer, distributor or retailer of an alcoholic beverage) a 47
free sample of an alcoholic beverage commits an offence. 48
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 2 Offences relating to promotion of alcoholic beverages
(2) This section does not apply to alcoholic beverages which are free samples offered, 1
given or distributed at the actual geographical location where the beverages were 2
made, being the winery or the vineyard (in the case of wine) and the brewery (in the 3
case of beer). 4
9 Prohibition of sponsorships 5
(1) A person who promotes or publicises, or agrees to promote or publicise, in New 6
South Wales: 7
(a) an alcoholic beverage or a trademark or brand name, or part of a trademark or 8
brand name, of an alcoholic beverage, or 9
(b) the name or interests of a manufacturer or distributor of an alcoholic beverage 10
(whether or not that manufacturer or distributor also manufactures or 11
distributes a beverage other than the alcoholic beverage) in association 12
directly or indirectly with the alcoholic beverage, 13
under a contract, or an arrangement (whether or not legally binding) under which a 14
sponsorship is provided or to be provided by another person, commits an offence. 15
(2) A person who provides or agrees to provide a sponsorship under a contract or 16
arrangement of a kind referred to in subsection (1) commits an offence. 17
(3) For the purposes of subsection (1) (b), the name or interests of a manufacturer or 18
distributor of an alcoholic beverage are taken to be in association directly or 19
indirectly with the alcoholic beverage if that name or those interests are commonly 20
associated by members of the public in New South Wales with the alcoholic 21
beverage. 22
(4) This section does not apply in relation to: 23
(a) anything done before the relevant day or before such earlier day as may be 24
prescribed by the regulations either generally or in a particular case or class of 25
cases, under a contract entered into before the day on which the Bill for this 26
Act was introduced into the Legislative Council, or 27
(b) anything to which this section does not apply by virtue of an exemption 28
granted under section 10. 29
(5) Nothing in subsection (1) or (2) applies to the giving of, or an agreement to give, a 30
scholarship by a manufacturer or distributor of an alcoholic beverage to an employee, 31
or a member of the family of an employee, of the manufacturer or distributor. 32
(6) Any contract for the doing of anything prohibited by this section (being a contract 33
that purports to have been entered into after the Bill for this Act was introduced into 34
the Legislative Council) is void, whether or not doing that thing constituted an 35
offence when the contract purports to have been entered into. 36
10 Exemptions 37
(1) The Minister may, by notice published in the Gazette before the relevant day: 38
(a) exempt a person or class of persons either wholly or in part from the operation 39
of section 6 or 9 subject to such conditions (if any) as are set out in that notice 40
or prescribed for the purposes of this paragraph, or 41
(b) amend or revoke an exemption granted under this section. 42
(2) An exemption may be granted under this section only: 43
(a) after consultation between the Minister and the appropriate Minister, and 44
having regard to the nature and background of the event, function or series 45
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 2 Offences relating to promotion of alcoholic beverages
concerned (the relevant event) and to the purposes of this Act, to facilitate the 1
promotion and conduct of: 2
(i) a sporting, racing or arts event or function, or 3
(ii) a series of sporting, racing or arts events or functions, 4
of national or international significance, or 5
(b) in any case of significant hardship to persons other than manufacturers or 6
wholesalers of alcohol. 7
(3) The appropriate Minister, in relation to a relevant event, is the Minister 8
administering the Act (if any) under which the event is regulated. 9
(4) The Minister must, when deciding whether or not to grant an exemption under this 10
section for the purpose referred to in subsection (2) (a), have regard to: 11
(a) any substantial connection between the relevant event or function or series of 12
events or functions and other significant events or functions outside the State, 13
and 14
(b) any reasonable efforts that have been made to obtain sufficient financial or 15
other support for the relevant event or function or series of events or functions 16
from sources other than the advertising of alcoholic beverages to render the 17
exemption unnecessary. 18
(5) An exemption granted under this section has no effect after the relevant day. 19
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 3 Reintroduction of local option
Part 3 Reintroduction of local option 1
11 Request to declare local option area 2
(1) Any person can request the Minister to declare a specified area to be a local option 3
area. Streets and other landmarks can be used to describe the boundaries of such an 4
area. 5
(2) The request is not effective unless it is accompanied by a petition supporting the 6
declaration of the area that the Minister is satisfied: 7
(a) clearly described the boundaries of the specified area, the grounds on which 8
the request was made and the effect of declaring that area to be a local option 9
area, and 10
(b) was signed (within a period of not more than 6 successive months) by not less 11
than 10% of such of the people who reside in that area as are each entitled to 12
vote in an election of a member of the Legislative Assembly for the electorate 13
that includes his or her place of residence, and 14
(c) contains, so that they may be easily read, the surname and the given name or 15
given names (or the surname and the initials of the given name or given names) 16
of, the residential address of, and the date on which the petition was signed by, 17
each signatory, and 18
(d) specifies whether the declaration sought is a declaration of general application 19
or a declaration limited to specified hours or other periods of time. 20
(3) An area for the purposes of a declaration under this Part may consist of (but is not 21
limited to) a local government area or a ward of such an area. 22
(4) If such an area consists of part of a ward only, subsection (2) (b) requires the 23
signature of not less than 10% of all the people who reside in the whole of the ward 24
and who are qualified to vote as referred to in that paragraph. 25
12 Declaration of local option area 26
(1) The Minister must declare a local option area in accordance with such a request if the 27
Minister agrees with the council of each local government area the whole or any part 28
of which comprises or is included in the proposed local option area that any of the 29
following situations apply: 30
(a) there are widespread problems with youth which are related to alcohol being 31
consumed in the proposed local option area, 32
(b) there is widespread alcohol-related crime in that area, 33
(c) there is widespread alcohol abuse in that area, 34
(d) there are widespread alcohol-related illnesses, accidents or deaths in that area. 35
(2) For the period of 4 months before a local option area is declared under this Part, 36
notice of intention to declare the area (containing details of the proposed declaration) 37
must be given at not less than monthly intervals in at least one local newspaper and 38
at least one other newspaper circulated throughout the area. 39
13 Rescission of declaration 40
(1) The Minister may rescind the declaration of a local option area, or any such 41
declaration in so far as it relates to part of a local option area, but only in accordance 42
with an agreement for rescission made between the Minister and the council of the 43
local government area that constitutes that area or the part of that area. 44
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 3 Reintroduction of local option
(2) Such an agreement may not be made: 1
(a) until 6 months have expired after the declaration of the local option area 2
concerned, or 3
(b) until 6 months after the last occasion (if any) on which the Minister or the 4
council concerned unsuccessfully requested the other of them to agree to the 5
rescission. 6
14 When declaration or rescission has effect 7
The declaration of a local option area, and any rescission of such a declaration, have 8
effect only when notice of the declaration or rescission has been published in the 9
Gazette. 10
15 Duration of declaration 11
(1) A declaration of a local option area must specify the nominal period for which the 12
declaration will be in force unless it is sooner rescinded. 13
(2) The nominal period must commence at least one month after publication of the 14
declaration in the Gazette and be a period of not less than 3 years or more than 15
5 years. 16
(3) A declaration of a local option area has effect only until the nominal period specified 17
in the declaration expires or until it is rescinded, whichever occurs first. 18
16 Prohibitions applicable to local option areas 19
(1) A person commits an offence if the person: 20
(a) buys, sells or (for any direct or indirect material benefit to the person 21
delivering) delivers any quantity of an alcoholic beverage, or 22
(b) consumes any alcoholic beverage in a public place, 23
within any local option area declared under this Part while the declaration is in force. 24
Maximum penalty: 1 penalty unit. 25
(2) If the declaration is expressed to be limited to specified hours or other periods of 26
time, the declaration is taken not to be in force at any other time for the purposes of 27
subsection (1). 28
(3) If a person is convicted of an offence under this section of buying, selling or 29
delivering a quantity of an alcoholic beverage, the beverage and any bottle, keg, 30
barrel, cask or other container in which it is contained: 31
(a) are forfeited to the Crown, and 32
(b) may be seized by an authorised officer or any police officer, and 33
(c) are to be disposed of as the Minister directs. 34
(4) After notice of the declaration of a local option area has been published in the Gazette 35
and before the declaration commences to be in force, the average monthly quantity 36
of any kind of alcoholic beverage sold from premises within that area that are (or are 37
required to be) licensed for the purpose under the Liquor Act 2007 is not to exceed 38
the average monthly quantity of that kind of liquor sold per month for the 12 months 39
before the notice was published. 40
(5) The regulations may provide for the making, keeping and inspection of records of 41
sales of alcoholic beverages for the purpose of ensuring that subsection (4) is 42
complied with. 43
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 3 Reintroduction of local option
(6) If any quantity of an alcoholic beverage is sold in contravention of this section at any 1
premises licensed under the Liquor Act 2007, any licence for the premises granted 2
under that Act is taken to be cancelled. 3
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 4 Alcohol Advertising Prohibition Committee
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 whom: 4
(a) 1 is to be appointed as Chairperson, and 5
(b) 3 are to be appointed on the nomination of the Secretary of the Ministry of 6
Health, and 7
(c) 1 is to be a person nominated by the Chief Executive Officer of the Outdoor 8
Media Association of Australia. 9
(3) Schedule 1 sets out provisions with respect to the members and meetings of the 10
Committee. 11
18 Functions of Committee 12
(1) The Alcohol Advertising Prohibition Committee is to prepare and submit to the 13
Minister a code which provides for the regular and progressive stages in accordance 14
with which advertisements to which section 6 applies should be removed or obscured 15
and sponsorships to which section 9 applies should be terminated. 16
(2) The code is to provide for the removal or obscuring of advertisements and the 17
termination of sponsorships by the relevant day. 18
(3) The Committee's initial advice concerning the provisions of the code is to be given 19
within 3 months after the commencement of this section. 20
(4) The Committee has such other advisory functions as the Minister may determine. 21
19 Responsibility of Minister 22
(1) The Minister is required to recommend to the Governor the making of regulations 23
which will ensure: 24
(a) the removal or obscuring of advertisements to which section 6 applies, and 25
(b) the termination of sponsorships to which section 9 applies, 26
by regular and progressive stages. 27
(2) The Minister, in making any recommendation under this section, must consider any 28
code submitted and any advice given by the Alcohol Advertising Prohibition 29
Committee. 30
(3) This section does not apply to an advertisement or sponsorship which is the subject 31
of an exemption under section 10. 32
20 Provision of assistance to Committee 33
For the purpose of the exercise of its functions, the Secretary of the Ministry of 34
Health is to provide the Alcohol Advertising Prohibition Committee with such 35
assistance as it may reasonably require. 36
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 5 Enforcement
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 this Act or the 4
regulations, or 5
(b) after the relevant day or such earlier day as may be prescribed by the 6
regulations either generally or in a particular case or class of cases, whether or 7
not the advertisement was placed or displayed in contravention of this Act or 8
the regulations. 9
(2) If an alcohol advertisement is situated in a public place or on any premises from 10
which it can be seen from a public place, the Local Court may order: 11
(a) that the advertisement be removed or obscured by an authorised officer, and 12
(b) if any person has been convicted of an offence under this Act or the regulations 13
relating to the placing or displaying of the advertisement, that the person pay 14
the reasonable costs incurred by the authorised officer in removing or 15
obscuring the advertisement. 16
(3) Subsection (2) does not apply to an advertisement that is displayed inside a shop or 17
other retail outlet where alcoholic beverages are offered or exposed for sale and that 18
complies with the regulations. 19
(4) An authorised officer does not commit a civil wrong and is not liable for damages for 20
anything done or omitted to be done while removing or obscuring an alcohol 21
advertisement with reasonable care under the authority of such an order. 22
(5) Any alcohol advertisement in the form of an article that is removed in accordance 23
with such an order is taken to be the property of such person as is specified in the 24
order. 25
(6) If any costs are payable under such an order, they may be recovered in a court of 26
competent jurisdiction as a debt due to the Crown or a council, as the case requires. 27
(7) This section does not apply to an alcohol advertisement while it may be lawfully 28
displayed in accordance with an exemption provided by this Act or the regulations. 29
22 Power of entry 30
(1) An authorised officer may enter any premises to remove or obscure an alcohol 31
advertisement under the authority of an order made by the Local Court. 32
(2) This section does not allow the entry into any premises or part of premises used as a 33
dwelling. 34
23 Intimidation or obstruction of authorised officer 35
A person must not in any way intimidate or obstruct an authorised officer who is 36
removing or obscuring an alcohol advertisement under the authority of an order made 37
by the Local Court or who is attempting to do so. 38
Maximum penalty: 50 penalty units for a first offence or 100 penalty units for a 39
second or subsequent offence. 40
24 Consent required for prosecutions 41
Proceedings for an offence under this Act are not to be commenced without the 42
consent in writing of the Secretary of the Ministry of Health or a person authorised 43
by the Secretary in writing for the purpose of this section. 44
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 5 Enforcement
25 Penalties 1
(1) A person who commits an offence under section 6 (1), (2) or (3), 7 (1), 8 (1), 9 (1) 2
or (2) or 30 (1) is liable: 3
(a) in the case of an individual, to a penalty of not more than: 4
(i) 50 penalty units for a first offence, or 5
(ii) 100 penalty units for a second or subsequent offence, or 6
(b) in the case of a body corporate, to a penalty of not more than: 7
(i) 200 penalty units for a first offence, or 8
(ii) 400 penalty units for a second or subsequent offence. 9
(2) If a continuing state of affairs is created by an offence referred to in subsection (1), 10
the offender is liable to a penalty of not more than: 11
(a) 50 penalty units in the case of an individual, or 12
(b) 200 penalty units in the case of a body corporate, 13
in respect of each day on which that offence continues, in addition to the penalty 14
specified in that subsection. 15
26 Proceedings for offences 16
(1) Proceedings for an offence under this Act or the regulations may be disposed of in a 17
summary manner before the Local Court. 18
(2) An offence under this Act may be dealt with as an indictable offence, but only if the 19
prosecutor proposes that the offence be so dealt with. 20
(3) If proceedings for an offence under this Act or the regulations are disposed of in a 21
summary manner before the Local Court, the maximum penalty that may be imposed 22
is 100 penalty units, or the maximum penalty for the offence (whichever is the 23
lesser), despite any other provision of this Act. 24
(4) If proceedings for such an offence are taken on indictment, the maximum penalty that 25
may be imposed is the maximum penalty for the offence. 26
(5) Proceedings for such an offence may be commenced at any time within 12 months 27
after the date on which the offence is alleged to have been committed. 28
27 Offences by bodies corporate 29
(1) When a body corporate commits an offence under this Act or the regulations, every 30
officer of the body corporate commits the same offence unless he or she proves that: 31
(a) the offence was committed without his or her consent or knowledge, and 32
(b) he or she exercised all such due diligence to prevent the commission of that 33
offence as he or she ought to have exercised, having regard to the nature of his 34
or her functions in that capacity and to all the circumstances. 35
(2) In subsection (1): 36
officer, in relation to a body corporate, means: 37
(a) a director, secretary or executive officer of the body corporate, or 38
(b) a receiver, or receiver and manager, of property of the body corporate, or any 39
other authorised person who enters into possession or assumes control of 40
property of the body corporate for the purpose of enforcing any charge, or 41
(c) an official manager or a deputy official manager of the body corporate, or 42
(d) a liquidator of the body corporate, or 43
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 5 Enforcement
(e) a trustee or other person administering a compromise or arrangement made 1
between the body corporate and another person or other persons, 2
and includes any other person, however described and whether or not a director of 3
the body corporate, who is concerned, or takes part, in the management of the body 4
corporate. 5
Page 14
Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
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 required or 8
permitted by this Act to be prescribed, or are necessary or convenient to be prescribed 9
for giving effect to the purposes of this Act, and, in particular: 10
(a) prescribing the labelling of packages containing alcoholic beverages, 11
including the position of labels on packages and the size, colour, style and 12
nature of labels or labelling, and 13
(b) prescribing the size, colour, style, position and nature of alcohol 14
advertisements displayed inside shops and other retail outlets where alcoholic 15
beverages are offered or exposed for sale, and any statements or warnings to 16
be included in those alcohol advertisements, and 17
(c) prescribing the duty of persons packing, or causing other persons to pack, 18
specified alcoholic beverages prepared for drinking to label those alcoholic 19
beverages in a specified manner, and 20
(d) prohibiting the sale of packages containing specified alcoholic beverages 21
prepared for drinking unless those packages are labelled in a specified manner, 22
and 23
(e) exempting persons from any of the requirements made by section 16, but only 24
in specified circumstances and where the quantity of alcoholic beverage 25
concerned does not exceed that specified in relation to those circumstances, 26
and 27
(f) creating offences and providing in respect of any such offence a penalty not 28
exceeding 10 penalty units. 29
(2) In this section, specified means specified in regulations made under this section. 30
30 Warnings 31
(1) The producer of an alcoholic beverage commits an offence if a warning prescribed 32
by the regulations is not displayed, in accordance with the regulations, on the 33
packaging in which the alcoholic beverage is sold or supplied by the producer. 34
(2) The warning must give information about the harmful effects of alcohol 35
consumption. 36
Note. The following are examples of warnings that may be prescribed: 37
(a) alcohol consumption can be harmful to your health and can cause: 38
(i) cirrhosis of the liver, and 39
(ii) permanent brain damage, 40
(b) alcohol consumption often leads to deaths on the road. 41
31 Review of Act 42
(1) Within a period of 12 months commencing on the third anniversary of the day on 43
which this Act commenced, the Minister must cause an investigation and review to 44
be conducted and a report prepared, concerning the operation of this Act. 45
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Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Part 6 General
(2) The Minister must cause a copy of the report referred to in subsection (1) to be laid 1
before each House of Parliament as soon as is practicable after the completion of that 2
report. 3
Page 16
Alcoholic Beverages Advertising Prohibition Bill 2015 [NSW]
Schedule 1 Provisions relating to Alcohol Advertising Prohibition Committee
Schedule 1 Provisions relating to Alcohol Advertising 1
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 Minister, and 6
(b) be in respect of a person who consents to being a member. 7
(2) If a person or body does not submit a nomination within 30 days after the making of 8
the relevant request, the Minister may appoint a person to be the member concerned 9
to represent the interests of the person or body in default until the relevant 10
nomination is submitted. 11
2 Term of office 12
A member has such term of office, not exceeding 4 years, as may be specified by the 13
Minister in the instrument appointing the member. 14
3 Quorum 15
3 members constitute a quorum for a meeting of the Committee. 16
4 Presiding member 17
(1) The Chairperson is to preside at each meeting of the Committee at which the 18
Chairperson is present. 19
(2) In the absence of the Chairperson from a meeting of the Committee, the members 20
present are to select from among their number a member to preside at the meeting. 21
5 Decisions of Committee 22
(1) A decision supported by the votes of the majority of the members present and voting 23
at a meeting of the Committee is the decision of the Committee. 24
(2) Each member present at a meeting of the Committee is entitled to one vote on a 25
matter arising for determination at the meeting. 26
6 Calling of first meeting 27
The Minister is to call the first meeting of the Committee in such manner as the 28
Minister thinks fit. 29
7 Procedure 30
The Committee is to decide its own procedure for the conduct of its meetings, except 31
as provided by this Schedule. 32
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