Alcohol Advisory Council Act 1976

1: Short Title and commencement
1: This Act may be cited as the Alcohol Advisory Council
2: Sections 25 to 34 section 40
3: Except as provided in subsection (2), this Act shall come into force on the date on which it receives the Governor-General's assent. Section 1(1) amended 20 August 2000 section 4(2) Alcohol Advisory Council Amendment Act 2000
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. Section 1A inserted 20 August 2000 section 5 Alcohol Advisory Council Amendment Act 2000
2: Interpretation
1: In this Act, unless the context otherwise requires,— aggregate expenditure figure section 25(1) aggregate levy figure section 25(2) beer class of liquor Schedule Council section 3 Customs the Customs section 2(1) levy section 28 Liquor Fund Fund section 20 Minister preceding statistical year each class of liquor primary objective section 7 rate Schedule spirits wine
a: includes—
i: cider, perry, and mead; and
ii: fortified wines such as sherry, port, and fruit or vegetable-based liquors; but
b: does not include—
i: beer or spirits; or
ii: any liquor containing no more than 1.15% volume of alcohol winemaker Wine Act 2003
2:
2A:
2B:
2C:
2D: For the purposes of sections 26(2) 28
3: For the purposes of section 26(2)
4: For the purposes of sections 28 29A
5: For the purposes of section 26(2) Schedule Section 2(1) Alcoholic Liquor Account repealed 20 August 2000 section 6(3)(a) Alcohol Advisory Council Amendment Act 2000 Section 2(1) Alcoholic Liquor Fund Fund repealed 20 August 2000 section 6(3)(b) Alcohol Advisory Council Amendment Act 2000 Section 2(1) appointed member repealed 20 August 2000 section 6(3)(c) Alcohol Advisory Council Amendment Act 2000 Section 2(1) basic unit of liquor repealed 17 March 2009 section 4(1) Alcohol Advisory Council Amendment Act 2009 Section 2(1) beer substituted 25 October 1989 section 2(2) Alcoholic Liquor Advisory Council Amendment Act 1989 Section 2(1) chairman repealed 20 August 2000 section 6(1) Alcohol Advisory Council Amendment Act 2000 Section 2(1) chairperson repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) class of liquor inserted 17 March 2009 section 4(2) Alcohol Advisory Council Amendment Act 2009 Section 2(1) Collector of Customs Collector repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Council substituted 20 August 2000 section 6(1) Alcohol Advisory Council Amendment Act 2000 Section 2(1) Customs the Customs inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) financial year repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) fortified wine repealed 17 March 2009 section 4(1) Alcohol Advisory Council Amendment Act 2009 Section 2(1) fruit wine repealed 17 March 2009 section 4(1) Alcohol Advisory Council Amendment Act 2009 Section 2(1) grape wine repealed 17 March 2009 section 4(1) Alcohol Advisory Council Amendment Act 2009 Section 2(1) Hotel Investment Account repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(1) Licensing Fund repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(1) Liquor Fund Fund inserted 20 August 2000 section 6(2) Alcohol Advisory Council Amendment Act 2000 Section 2(1) Minister substituted 10 July 1987 Alcoholic Liquor Advisory Council Amendment Act 1987 Section 2(1) official member repealed 20 August 2000 section 6(3)(e) Alcohol Advisory Council Amendment Act 2000 Section 2(1) preceding statistical year amended 17 March 2009 section 4(3) Alcohol Advisory Council Amendment Act 2009 Section 2(1) preceding statistical year amended 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978 Section 2(1) rate inserted 17 March 2009 section 4(2) Alcohol Advisory Council Amendment Act 2009 Section 2(1) spirits substituted 25 October 1989 section 2(4) Alcoholic Liquor Advisory Council Amendment Act 1989 Section 2(1) wine substituted 17 March 2009 section 4(4) Alcohol Advisory Council Amendment Act 2009 Section 2(1) Wine Institute's trustee repealed 1 July 2004 section 124(2) Wine Act 2003 Section 2(1) winemaker added 1 July 2004 section 124(2) Wine Act 2003 Section 2(2) repealed 17 March 2009 section 4(5) Alcohol Advisory Council Amendment Act 2009 Section 2(2A) repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(2B) repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(2C) repealed 17 March 2009 section 4(5) Alcohol Advisory Council Amendment Act 2009 Section 2(2D) substituted 1 January 2004 section 124(1) Wine Act 2003 Section 2(2D) amended 17 March 2009 section 4(6) Alcohol Advisory Council Amendment Act 2009 Section 2(3) substituted 1 January 2004 section 124(1) Wine Act 2003 Section 2(3) amended 17 March 2009 section 4(7) Alcohol Advisory Council Amendment Act 2009 Section 2(4) substituted 1 January 2004 section 124(1) Wine Act 2003 Section 2(5) added 17 March 2009 section 4(8) Alcohol Advisory Council Amendment Act 2009 Constitution of Council
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 is a Crown entity for the purposes of section 7
4: The Crown Entities Act 2004 Section 3 substituted 20 August 2000 section 7 Alcohol Advisory Council Amendment Act 2000 Section 3(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(4) added 25 January 2005 section 200 Crown Entities Act 2004
3A: Membership of Council
1: The Council consists of 8 members
2: The members of the Council must include—
a: at least 1 person who is Māori:
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: Members of the Council are the board for the purposes of the Crown Entities Act 2004
4: Subsections (1) and (2) do not limit section 29 Section 3A inserted 20 August 2000 section 7 Alcohol Advisory Council Amendment Act 2000 Section 3A(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 3A(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3A(4) substituted 25 January 2005 section 200 Crown Entities Act 2004
4: Term of office of members of Council
Section 4 repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Deputy chairperson
Section 5 repealed 25 January 2005 section 200 Crown Entities Act 2004
6: Deputies of members
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004 Objective, functions, and powers of Council
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. Section 7 substituted 20 August 2000 section 11 Alcohol Advisory Council Amendment Act 2000
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), to make recommendations to the Government, departments of State, authorities in the fields of health, education, social welfare, and industry, and any other public or private bodies, associations, or persons:
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), the Council has the following further functions:
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) about the advertising of liquor, then, if the recommendation is not made to the Minister, it must send a copy of its recommendation to the Minister. Section 8 substituted 20 August 2000 section 11 Alcohol Advisory Council Amendment Act 2000
9: Powers of Council
1:
2: The
a: make grants out of the
aa: make advances out of that Fund to any such body, association, or person, on such terms and subject to such conditions as to the payment of interest, the repayment of principal, the giving of security, and otherwise as the Council thinks fit:
b: co-operate with any body, association, or person engaged in any activity in any field with which the Council is concerned:
c: charge such fees (if any) as it may from time to time think reasonable for any material published by it and made available to the public.
3: Subsection (2) does not limit sections 16 17 Section 9(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2)(a) amended 20 August 2000 section 12 Alcohol Advisory Council Amendment Act 2000 Section 9(2)(aa) inserted 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978 Section 9(3) added 25 January 2005 section 200 Crown Entities Act 2004
10: Council may appoint advisory and technical committees
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Council may co-opt specialist advice
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004 Administrative provisions
12: Meetings of Council
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: Council to appoint chief executive officer
1:
2:
3:
4:
5:
6:
7: In the event of any person being appointed to be the Council's chief executive officer while he is a contributor to the Government Superannuation Fund under Part 2 Government Superannuation Fund Act 1956 the Government Superannuation Fund Act 1956 Section 13(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(6) repealed 13 December 1979 Alcoholic Liquor Advisory Council Amendment Act 1979 Section 13(7) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976
14: Other officers
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Council may insure members
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
15A: Members of Council, etc, not personally liable
Section 15A repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Fees and travelling allowances
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Salaries, etc, to be payable out of Fund
All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Act shall be payable out of the Section 17 amended 20 August 2000 section 15 Alcohol Advisory Council Amendment Act 2000
18: Contracts of Council
Section 18 repealed 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978
19: Crown may provide services for Council
Section 19 repealed 25 January 2005 section 200 Crown Entities Act 2004
19A: Bank accounts
Section 19A repealed 25 January 2005 section 200 Crown Entities Act 2004
19B: Unauthorised expenditure
Section 19B repealed 25 January 2005 section 200 Crown Entities Act 2004
19C: Council may borrow funds to meet temporary shortfall
Section 19C repealed 25 January 2005 section 200 Crown Entities Act 2004 Heading amended 20 August 2000 section 17 Alcohol Advisory Council Amendment Act 2000
20: Establishment of Fund
1: For the purposes of this Act there shall be a fund, to be called the
2: There shall from time to time be paid into the Fund—
a: all money payable to the Council in respect of levies imposed under this Act:
b: any other money that may be lawfully payable into the Fund pursuant to this Act or any other enactment:
c: any money that may be donated or bequeathed to the Council for the purposes of the Council.
3: There shall from time to time be paid out of the Fund any money that may be lawfully payable out of the Fund pursuant to this Act or any other enactment. Section 20(1) amended 20 August 2000 section 18 Alcohol Advisory Council Amendment Act 2000
21: Alcoholic Liquor Account
Section 21 repealed 20 August 2000 section 19 Alcohol Advisory Council Amendment Act 2000
22: Investment of Fund
Section 22 repealed 25 January 2005 section 200 Crown Entities Act 2004
23: Crown entity
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004 Imposition and payment of levies
24: Council to prepare and submit annual budget
Section 24 repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Minister to assess aggregate expenditure figure and determine aggregate levy figure
1: In respect of each financial year the Minister, acting with the concurrence of the Minister of Finance, shall, after considering the forecast financial statements in the Council's statement of intent
2: Having assessed the aggregate expenditure figure in respect of any financial year under subsection (1), the Minister shall determine the aggregate levy figure for that year, being an amount equal to the aggregate expenditure figure less the amount that, in the Minister's opinion, is likely to be received by the Council during the financial year by way of interest on money belonging to the Fund invested by the Council
3: Nothing in this section shall oblige the Council to expend in any financial year the whole of its income received in that year; instead, the Council may accumulate any part of its income in any financial year and expend it as it sees fit for any of its purposes in any subsequent financial year.
4: Notwithstanding anything in subsection (2), where the Council carries forward any such amount to a subsequent financial year, the Minister may, in determining the aggregate levy figure for that year, take into account the whole or any part of that amount. Section 25(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 25(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 25(3) added 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978 Section 25(4) added 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978
26: Minister to determine amounts of levy for each class of liquor
1: After assessing the aggregate levy figure in respect of any financial year, the Minister must determine, in accordance with subsection (2), the amounts of the levies payable under section 28
2: The process for determining the amounts of levy is as follows:
a: Step 1
b: Step 2 Schedule
c: Step 3
d: Step 4
e: Step 5
3: If a rate for a class of liquor is described in the table in the Schedule
a: determine the rate to be applied to that class of liquor; and
b: in making that determination, use the method for determining variable rates that is described in the Schedule Section 26 substituted 17 March 2009 section 5 Alcohol Advisory Council Amendment Act 2009
27: Rate of levy fixed by Order in Council
1: The Governor-General may, by Order in Council, fix for the next financial year, by reference to each class of liquor, the amount of levy payable under section 28
2: The amount of levy for each class of liquor must be as determined by the Minister in accordance with section 26(2)
3: If a rate for a class of liquor is described in the table in the Schedule section 26(3) Section 27 substituted 17 March 2009 section 5 Alcohol Advisory Council Amendment Act 2009
28: Levies payable by importers and manufacturers of liquor
1: In every financial year a levy of the amount set by Order in Council made under section 27
a: enters for home consumption (as that expression is used in the Customs and Excise Act 1996
b: manufactures in New Zealand any beer or spirits; or
c: sells any wine manufactured by that person in New Zealand.
2: Notwithstanding anything in subsection (1), no levy shall be payable under this Act in respect of any liquor that is not subject to or is exempt from Customs duty under the Customs and Excise Act 1996
3: Notwithstanding anything in this Act, where any person may be allowed, under the Customs and Excise Act 1996
4: In this section the term Customs duty section 2(1) Section 28 substituted 25 October 1989 section 9(1) Alcoholic Liquor Advisory Council Amendment Act 1989 Section 28(1) substituted 17 March 2009 section 6 Alcohol Advisory Council Amendment Act 2009 Section 28(2) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 28(3) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 28(4) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996
29: Payment and collection of levies in respect of beer
Section 29 repealed 1 October 1986 Customs Amendment Act 1986
29A: Payment and collection of levies in respect of beer, wine, and spirits
1: All levies payable under this Act in respect of any beer, wine, or spirits are payable to the Customs in addition to any duty payable to the Customs in respect of the beer, wine, or spirits under the Customs and Excise Act 1996
2: For the purposes of subsection (1), the levies are payable to the Customs at the same time as the excise duty or excise equivalent duty is payable under the Customs and Excise Act 1996 Section 29A substituted 1 July 2004 section 124(2) Wine Act 2003
30: Payment and collection of levies in respect of spirits
Section 30 repealed 1 October 1986 Customs Amendment Act 1986
31: Payment and collection of levies in respect of wine
Section 31 repealed 1 July 2004 section 124(2) Wine Act 2003
32: Powers of the Customs
The powers and authorities of the Customs under the Customs and Excise Act 1996 Section 32 substituted 1 October 1996 section 289(1) Customs and Excise Act 1996
33: All levies collected to be paid to Council
Subject to section 34 Customs Secretary of any District Licensing Agency Customs Secretary Section 33 amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 33 amended 1 April 1990 section 230(1) Sale of Liquor Act 1989
34: Crown may be reimbursed for collection of levies
1: Subject to subsection (2), for the purpose of reimbursing the Crown for any expenses incurred by the Customs in collecting any levies under this Act, the Customs may retain such percentage of every levy collected by it as may be determined by the Minister of Finance after consultation with the Council.
2: The amount of any levy retained under subsection (1) must not exceed 5% of the amount of the levies collected by the Customs.
3: The Crown is entitled in every financial year to recover from the Council out of the fund such sum in respect of the costs incurred by the Director-General of Health in administering this Act as may be determined by the Minister of Finance after consultation with the Council. Section 34 substituted 1 July 2004 section 124(2) Wine Act 2003 Miscellaneous provisions
35: Transitional provisions relating to funding
Section 35 repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989
36: Donations and bequests to Council
Where, pursuant to the terms of any will or other instrument creating a trust, any money is payable to the Council, whether for the general purposes or for any specific purpose of the Council, the trustee may, unless the will or other instrument otherwise provides, pay the money to the Council without being concerned to see to the application thereof; and a receipt given on behalf of the Council and signed by the chairperson Section 36 amended 20 August 2000 section 22 Alcohol Advisory Council Amendment Act 2000
37: Exemption from taxation and duty
1: The Council is hereby declared to be exempt from the payment of
2: It is hereby declared that the purposes of the Council are charitable purposes. Section 37(1) amended 25 January 2005 section 200 Crown Entities Act 2004
37A: Common seal
Section 37A repealed 25 January 2005 section 200 Crown Entities Act 2004
38: Annual report
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Regulations
1: The Governor-General may from time to time by Order in Council make regulations for all or any of the following purposes:
a: providing for returns to be made by persons importing into or manufacturing in New Zealand any liquor, or any class or kind of liquor, for the purpose of ascertaining the amount of any levy payable under this Act, and providing for the verification of such returns:
b: exempting any person or class of persons from paying any levy that would otherwise be payable under this Act in any case where the cost of assessing or collecting the levy exceeds the amount payable by way of the levy:
ba: amending or replacing the table in the Schedule
c: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Regulations under subsection (1)(ba) may be made only—
a: for the purpose of aligning the rates for classes of liquor under this Act with the classification system applied to alcoholic beverages under Part B of the Excise and Excise-equivalent Duties Table (as defined in section 76A
b: after consultation with the Minister of Customs. Section 39(1)(ba) inserted 17 March 2009 section 7(1) Alcohol Advisory Council Amendment Act 2009 Section 39(2) added 17 March 2009 section 7(2) Alcohol Advisory Council Amendment Act 2009 Section 39(2)(a) substituted 1 January 2010 section 11(4) Customs and Excise Amendment Act 2009
40: Repeal
Section 40 repealed 25 September 1989 Sale of Liquor Amendment Act 1989