Cook Islands Amendment Act 1961

1: Short Title
This Act may be cited as the Cook Islands Amendment Act 1961, and shall be read together with and deemed part of the Cook Islands Act 1915
1: Intoxicating liquor
2: Commencement
This Part of this Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General, by Proclamation. Different dates may be so appointed for the commencement of this Part in different islands of the Cook Islands. Part 1 of this Act came into force in the Cook Islands, as from 1 March 1964; see regulation 2 Cook Islands Amendment Act Commencement Order 1964 (SR 1964/24).
3: Interpretation
In this Part of this Act, unless the context otherwise requires,— The Cook Islands The Cook Islands: omitted, as from 1 January 1967 2(2) Cook Islands Amendment Act 1966 Intoxicating liquor any Act of the Legislative Assembly of the Cook Islands or
a: Perfumery or medicinal preparations containing spirit:
b: Methylated spirit and other preparations containing spirit but not suitable for human consumption:
c: Fermented or other liquor which on analysis is found to contain 2 or fewer parts percent of proof spirit. Intoxicating liquor: amended 7 June 1965 3(2) Cook Islands Amendment Act 1965 by inserting the words any Act of the Legislative Assembly of the Cook Islands or Resident Commissioner Resident Commissioner: omitted 1 January 1967 2(2) Cook Islands Amendment Act 1966
4: Liquor control authority
1: Subject to the provisions of this Part of this Act, the Legislative Assembly of the Cook Islands may by Act
a: Constitute an authority in the Cook Islands
b: Make provision for the appointment of the Chairman and members of the authority by the High Commissioner
c: Make provision for the sale and consumption of intoxicating liquor in the Cook Islands
2: In the exercise of its functions and powers, the authority shall comply with such policy directions as may from time to time be given to it by the Premier of the Cook Islands Subsection (1) amended 7 June 1965 Cook Islands Amendment Act 1965 by inserting the words may by Act Subsection (1) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by omitting the words and the Niue Island Assembly, as the case may be, may, by Ordinance Subsection (1)(a) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by omitting the words other than Niue or, as the case may be, in Niue Subsection (1)(b) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words High Commissioner Resident Commissioner Subsection (1)(c) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by omitting the words other than Niue or in Niue, as the case may be Subsection (2) amended 7 June 1965 Cook Islands Amendment Act 1965 by inserting the words in the case of an authority constituted in Niue, and by the Premier of the Cook Islands, in the case of an authority constituted in the Cook Islands other than Niue Subsection (2) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words the Premier of the Cook Islands the Minister in the case of an authority constituted in Niue, and by the Premier of the Cook Islands, in the case of an authority constituted in the Cook Islands other than Niue
5: Manufacture of intoxicating liquor prohibited
1: It shall not be lawful for any person to manufacture intoxicating liquor in the Cook Islands.
2: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $100
6: This section was repealed 1 October 1996 289(1) Customs and Excise Act 1996 In the original subsection (3) substituted 1 January 1967 Customs Act 1966
7: High Commissioner may import intoxicating liquor
1: The High Commissioner
2: Any liquor so imported may be sold in accordance with the provisions of an Act or section 4 Subsection (1) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words High Commissioner Resident Commissioner or the Niue Island Treasury, as the case may be omitted Subsection (2) amended 7 June 1965 Cook Islands Amendment Act 1965 by inserting the words Act or
8: Offences as to intoxicating liquor illegally manufactured or imported
Every person is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $100
a: Carries or conceals any intoxicating liquor manufactured or imported in breach of the provisions of this Part of this Act; or
b: Has any such liquor in his possession or under his control; or
c: Is the owner, lessee, or occupier of any premises in or about which any such liquor is found, unless he satisfies the High Court that the liquor was there without his knowledge or consent.
9: Sale of intoxicating liquor
1: It shall not be lawful for any person, other than the High Commissioner High Commissioner High Commissioner Act or section 4
2: For the purpose of this section a contract of barter, or any other contract under or by virtue of which the property in any intoxicating liquor passes to any person, shall be deemed to be a contract of sale.
3: In any prosecution for offering for sale or having in possession for sale any intoxicating liquor in breach of this section proof that any intoxicating liquor was found in the possession of the accused shall be evidence from which the High Court may infer that he had offered it for sale or had it in his possession for sale.
4: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding one year or to a fine not exceeding $200 Subsection (1) amended 7 June 1965 Cook Islands Amendment Act 1965 by inserting the words Act or Subsection (1) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words High Commissioner Resident Commissioner
10: Restrictions on giving intoxicating liquor to other persons
1: It shall not be lawful in the Cook Islands for any person to give intoxicating liquor to any other person, if that other person—
a: Is under the age of 21 years and is not a member of the household of the person giving the liquor; or
b: Is known to the person giving the liquor not to be entitled to purchase intoxicating liquor pursuant to the provisions of an Act or section 4 Provided that nothing in this subsection shall apply to the use of wine for sacramental purposes in accordance with the practice of the Christian religion or to the giving or administering of intoxicating liquor by or with the approval of a Medical Officer for medicinal purposes.
2: Every person who commits an offence against this section is liable to a fine not exceeding $100 Subsection (1)(b) amended 7 June 1965 Cook Islands Amendment Act 1965 by inserting the words Act or
11: Arrest of persons suspected of having illegally dealt with intoxicating liquor
1: Any constable or officer of Customs may arrest without warrant any person whom on reasonable grounds he suspects of having committed an offence against paragraph (a) (b)
2: Where any person is arrested without warrant under this section, the provisions of subsection (2) 281 section 283 section 281
12: Seizure and forfeiture of intoxicating liquor
1: Any constable or officer of Customs may seize and remove any intoxicating liquor that on reasonable grounds he suspects has been manufactured, imported, carried, concealed, or sold in breach of the provisions of this Part of this Act or of any Act or section 4
2: Upon the conviction for an offence against this Part of this Act or against any Act or section 4 High Commissioner Subsections (1) (2) amended 7 June 1965 Cook Islands Amendment Act 1965 by inserting the words Act or Subsection (2) amended 1 January 1967 2(2) Cook Islands Amendment Act 1966 by substituting the words High Commissioner Resident Commissioner
13: Search warrant
1: Any Judge or Commissioner of the High Court, if satisfied on oath that there is reasonable ground to believe that in any place, premises, vehicle, or ship there is any intoxicating liquor that has been manufactured, imported, sold, carried, or concealed in breach of the provisions of this Part of this Act or of any Act or section 4 section 314
2: Every person who, by himself or by any person in his employ or acting by his direction or with his consent, refuses or fails to admit without any unnecessary delay any officer demanding to enter any place, premises, vehicle, or ship pursuant to a warrant issued under the provisions of subsection (1) $20 Subsection (1) amended 7 June 1965 Cook Islands Amendment Act 1965 by inserting the words Act or
14: Persons found on premises deemed illegally dealing in intoxicating liquor
When in the course of a search under a warrant issued pursuant to section 13
a: Without limiting the provisions of section 8 $20
b: Any other person found at the time on the place, premises, vehicle, or ship searched in whose possession or under whose control that liquor, or any container or package containing that liquor, was found shall, until the contrary is proved, be deemed to have been there for the purpose of illegally dealing in intoxicating liquor, and shall be liable to a fine not exceeding $20
15: Names of persons found on premises searched may be demanded
1: Where any constable or officer of Customs seizes any intoxicating liquor under the powers conferred by section 12 section 314
a: He may demand the name and address of any person found present in the place, premises, vehicle, or ship where the liquor is seized, being the occupier or manager or other person in charge of the place, premises, vehicle, or ship or a person in whose possession or under whose control the liquor, or any container or package containing the liquor, has been found; and
b: If he has reasonable grounds to suspect that the name or address given is false, he may examine that person further as to the correctness of that name and address.
2: If that person fails on demand to give his name and address or to answer satisfactorily the questions put to him, any constable may arrest him without warrant.
3: Where any person is arrested without warrant under this section, the provisions of subsection (2) 281 section 283 section 281
4: Every person who is requested by a constable or an officer of Customs under subsection (1) $20
16:
17: Section 17 repealed 17 November 1964 58 Cook Islands Amendment Act 1964
2: Miscellaneous amendments
18:
19: Section 19 repealed 17 November 1964 58 Cook Islands Amendment Act 1964
20: