Alcohol Advisory Council Amendment Act 2000

1: Title
1: This Act is The Alcohol Advisory Council Amendment Act 2000.
2: In this Act, the Act previously known as The Alcoholic Liquor Advisory Council Act 1976 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Title repealed
The Title of the principal Act is repealed.
4: Name of principal Act changed
1: The principal Act may from now on be called The Alcohol Advisory Council Act 1976
2: Section 1(1) Alcoholic Liquor Advisory Council Alcohol Advisory Council
5: New section 1A inserted
The principal Act is amended by inserting, after section 1
1A: Purpose
The purpose of this Act is to—
a: provide for the establishment of an Alcohol Advisory Council of New Zealand having as its primary objective the encouragement and promotion of moderation in the use of liquor, the discouragement and reduction of the misuse of liquor, and the minimisation of the personal, social, and economic harm resulting from the misuse of liquor; and
b: define the Council's functions and powers; and
c: make provision for the funding of the Council's activities by means of a levy on liquor imported into, or manufactured in, New Zealand.
6: Interpretation
1: Section 2(1) Chairman Council Chairperson section 3A(3) Council section 3
2: Section 2(1) levy Liquor Fund Fund section 20
3: Section 2(1)
a: by repealing the definition of the term Alcoholic Liquor Account
b: by repealing the definition of the term Alcoholic Liquor Fund Fund
c: by repealing the definition of the term appointed member
d: by omitting from the definition of the term fortified wine Customs
e: by repealing the definition of the term official member
f: by omitting from the definition of the term wine Customs
7: New
sections 3 3A The principal Act is amended by repealing section 3
3: Constitution of Alcohol Advisory Council
1: For the purposes of this Act there is a Council called the Alcohol Advisory Council of New Zealand.
2: The name of the Alcohol Advisory Council is, in the Maori language, Kaunihera Whakatupato Waipiro O Aotearoa.
3: The Council continues to be a body corporate with perpetual succession and a common seal, and has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity.
3A: Membership of Council
1: The Council consists of 8 members to be appointed by the Governor-General on the recommendation of the Minister.
2: The members of the Council must include—
a: at least 1 person who is Maori:
b: at least 1 person from the Pacific Island community:
c: at least 1 person with experience in public health:
d: at least 1 person with experience in the development and implementation of social policy:
e: at least 1 person with experience in the treatment of alcohol dependence.
3: One of the members of the Council must be appointed as Chairperson of the Council by the Governor-General on the recommendation of the Minister.
4: The powers of the Council are not affected by any vacancy in its membership.
8: Term of office of members of Council
Section 4
a: by omitting from subsections (1) (2) (3) appointed
b: by inserting in subsection (3) office and the Chairperson may be removed from the office of Chairperson
c: by omitting from subsection (4) appointed
d: by inserting in subsection (4) office, or the Chairperson is removed from the office of Chairperson,
9: New
section 5 The principal Act is amended by repealing section 5
5: Deputy Chairperson
1: At its first meeting in each financial year, the members of the Council must elect 1 of their number to be Deputy Chairperson.
2: Any person elected as Deputy Chairperson must hold office as such for the financial year in which he or she is elected or until he or she sooner vacates office as a member of the Council.
3: At the first meeting of the Council after a vacancy occurs in the office of Deputy Chairperson, the members of the Council must elect 1 of their number to be Deputy Chairperson.
4: Except in the circumstances described in this Act, the Deputy Chairperson has and may exercise or perform all the powers and duties of the Chairperson during his or her absence or incapacity or while there is a vacancy in the office of Chairperson.
5: No acts done by a Deputy Chairperson acting as the Chairperson may in any proceedings be questioned on the ground that the occasion for his or her so acting had ceased or had not arisen.
10: Deputies of members
1: Section 6
a: by omitting from subsection (1) appointed
b: by omitting from subsection (3) Chairman Chairperson
2: Section 6(2)
11: New
sections 7 8 The principal Act is amended by repealing sections 7 8
7: Primary objective of Council
The primary objective of the Council is the encouragement and promotion of moderation in the use of liquor, the reduction and discouragement of the misuse of liquor, and the minimisation of the personal, social, and economic harm resulting from the misuse of liquor.
8: Functions of Council
1: In pursuing its primary objective, the Council has the following functions:
a: to encourage, promote, sponsor, and co-operate in research into—
i: the use of liquor in New Zealand:
ii: public attitudes in New Zealand towards the use of liquor:
iii: problems associated with or consequent on the misuse of liquor in New Zealand:
iv: means of minimising the harmful effects of liquor:
b: to encourage, promote, sponsor, and co-operate in the dissemination to the public, or to any class of persons, of information relating to any problem that is or may be associated with or consequent on the misuse of liquor:
c: to devise, promote, sponsor, and conduct, and to encourage and co-operate in the preparation and conduct of, educational programmes for the public or for any class of persons (including persons attending schools or other educational institutions, and persons who may for any reason be at special risk in respect of liquor-related problems) designed—
i: to discourage the misuse of liquor:
ii: to encourage moderation in the use of liquor:
iii: to promote and encourage responsible attitudes towards the use of liquor:
d: to sponsor innovative programmes for the treatment, care, and rehabilitation of persons adversely affected by the use of liquor, whether by themselves or others:
e: with respect to any of the matters referred to in paragraphs (a) to (d)
f: to make recommendations to such person or persons as the Council thinks fit about the advertising of liquor, whether generally or through any particular medium, and the need to regulate or in any way restrict such advertising:
g: to consider such matters relating to the sale and consumption of liquor as may be referred to the Council from time to time by the Minister of the Crown who is for the time being responsible for the administration of The Sale of Liquor Act 1989
h: to consider and report to the Minister on such matters relating to the use or misuse of liquor as are referred to the Council from time to time by the Minister:
i: to carry out such other activities as, in the Council's opinion, will assist in the pursuit of its primary objective.
2: Without limiting its functions under subsection (1)
a: to encourage, promote, sponsor, and co-operate in the preparation, publication, and dissemination, to interested bodies, associations, and persons, of research papers, theses, and other reports relating to any matter with which the Council is concerned:
b: to obtain, monitor, analyse, collate, and disseminate to interested bodies, associations, and persons in New Zealand, information from overseas relating to any matter with which the Council is concerned:
c: to encourage, promote, sponsor, and co-operate in the preparation and publication of a bibliography of literature relating to any matter with which the Council is concerned.
3: Whenever the Council makes any recommendation under subsection (1)(f)
12: Powers of Council
Section 9(2)(a) Alcoholic
13: Meetings of Council
1: Section 12
a: by omitting the word Chairman Chairperson
b: by omitting from subsection (8) chairman chairperson
c: by omitting from subsection (8) Deputy Chairman Deputy Chairperson
2: Section 12 subsection (4)
4: At all meetings of the Council the quorum necessary for the transaction of business is 4 members.
14: Council may insure members
Section 15 appointed
15: Salaries, etc, to be payable out of fund
Section 17 Alcoholic
16: Bank accounts
Section 19A subsection (5)
17: Amendment to heading
The heading before section 20 Alcoholic
18: Establishment of fund
Section 20(1) Alcoholic
19: Alcoholic Liquor Account
Section 21
20: Payment and collection of levies in respect of beer and spirits
Section 29A(2) excise duty excise-equivalent duty
21: Payment and collection of levies in respect of wine
Section 31(2)(c) excise duty excise-equivalent duty
22: Donations and bequests
Section 36 Chairman Chairperson
23: New
section 37A The principal Act is amended by inserting, after section 37
37A: Common seal
1: The common seal of the Council must be held in the custody of such officer of the Council as the Council from time to time appoints.
2: The common seal must not be affixed to any document except under a resolution of the Council, or of a committee of that Council acting with the authority of the Council.
3: The execution of any document so sealed must be attested to by the Chairperson or any member of the Council acting on behalf of the Chairperson, and by the Chief Executive Officer or other officer of the Council authorised for that purpose.
4: The common seal of the Council must be judicially noticed in all courts and for all purposes.
24: Transitional provisions
1: Despite the change of its name, the Alcohol Advisory Council of New Zealand is the same body corporate as the Alcoholic Liquor Advisory Council that, immediately before the commencement of this Act, was constituted by section 3
2: Despite section 3A section 4(5)
3: Every reference in any enactment or document in force at the commencement of this Act (other than an Act specified in the Schedule) to the Alcoholic Liquor Advisory Council is, unless the context otherwise requires, to be read as a reference to the Alcohol Advisory Council of New Zealand.
2: Consequential amendments and repeals
25: Amendments to other enactments
1: The Acts specified in the Schedule are amended in the manner specified in that schedule.
2: The Alcoholic Liquor Advisory Council Regulations 1978
a: by omitting from regulation 1(1) Alcoholic Liquor Advisory Council Alcohol Advisory Council
b: by omitting from the definition of the term the Act Alcoholic Liquor Advisory Council Alcohol Advisory Council
3: The amendment, by this section, of The Alcoholic Liquor Advisory Council Regulations 1978
26: Repeals
The following enactments are repealed:
a: section 3 of The Alcoholic Liquor Advisory Council Amendment Act 1978
b: The Alcoholic Liquor Advisory Council Amendment Act 1986
c: section 2(2) of The Alcoholic Liquor Advisory Council Act 1987
d: sections 3 7 Alcoholic Liquor Advisory Council Amendment Act 1989
e: section 48 Public Finance Amendment Act 1992
f: so much of Schedule 4 Health Reforms (Transitional Provisions) Act 1993 The Alcoholic Liquor Advisory Council Act 1976