Alcohol Advisory Council Act 1976 No 143 (as at 01 January 2010), Public Act

  • previous title has changed

Act by section

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    aggregate expenditure figure, in relation to any financial year, means the aggregate expenditure figure assessed in respect of that year by the Minister under section 25(1)

    aggregate levy figure, in relation to any financial year, means the aggregate levy figure determined in respect of that year by the Minister under section 25(2)

    beer means the product of the alcoholic fermentation by yeast of liquid derived from a mash of drinking water and malt grains with hops or their extracts that on analysis is found to contain more than 1.15% volume of alcohol

    class of liquor means a class of liquor as identified in the table of the Schedule

    Council means the Alcohol Advisory Council of New Zealand constituted by section 3

    Customs or the Customs has the meaning given to it by section 2(1) of the Customs and Excise Act 1996

    levy means a levy payable under section 28

    Liquor Fund or Fund means the Liquor Fund established under section 20

    Minister means the Minister of Health

    preceding statistical year means the latest complete period of 12 consecutive months in respect of which, at any material time, the following information is available to the Minister, that is the total number of litres of each class of liquor imported into, and manufactured in, New Zealand during that period

    primary objective, in relation to the Council, means the primary objective of the Council as set out in section 7

    rate, when referring to a rate for a class of liquor, means the percentage figure, set out in the fourth column of the table in the Schedule, that is used to calculate the levy for that class of liquor

    spirits means ethyl alcohol, whether denatured or not, and any spirituous beverages, including brandy, gin, rum, vodka, whisky, and every other description of spirituous liquor derived from ethyl alcohol

    wine means the product of the complete or partial fermentation of any fruit (including grapes), vegetable, or honey, and—

    • (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 has the same meaning as in the Wine Act 2003.

    (2) [Repealed]

    (2A) [Repealed]

    (2B) [Repealed]

    (2C) [Repealed]

    (2D) For the purposes of sections 26(2) and 28, where any wine manufactured in New Zealand is sold to another winemaker for blending with other wine, the wine so sold is deemed to be manufactured by the person who blends it, and not by its original maker.

    (3) For the purposes of section 26(2), the total number of litres of wine manufactured in New Zealand during any statistical year is deemed to be the same as the total number of litres of wine sold by winemakers during that year.

    (4) For the purposes of sections 28 and 29A, the total number of litres of wine sold in New Zealand during any financial year is deemed to be the same as the total number of litres of wine sold in New Zealand during the preceding statistical year.

    (5) For the purposes of section 26(2) and the Schedule, liquor that is exported from New Zealand during the preceding statistical year is not to be treated as liquor that is imported into or manufactured in New Zealand.

    Section 2(1) Alcoholic Liquor Account: repealed, on 20 August 2000, by section 6(3)(a) of the Alcohol Advisory Council Amendment Act 2000 (2000 No 25).

    Section 2(1) Alcoholic Liquor Fund or Fund: repealed, on 20 August 2000, by section 6(3)(b) of the Alcohol Advisory Council Amendment Act 2000 (2000 No 25).

    Section 2(1) appointed member: repealed, on 20 August 2000, by section 6(3)(c) of the Alcohol Advisory Council Amendment Act 2000 (2000 No 25).

    Section 2(1) basic unit of liquor: repealed, on 17 March 2009, by section 4(1) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(1) beer: substituted, on 25 October 1989, by section 2(2) of the Alcoholic Liquor Advisory Council Amendment Act 1989 (1989 No 96).

    Section 2(1) chairman: repealed, on 20 August 2000, by section 6(1) of the Alcohol Advisory Council Amendment Act 2000 (2000 No 25).

    Section 2(1) chairperson: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 2(1) class of liquor: inserted, on 17 March 2009, by section 4(2) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(1) Collector of Customs or Collector: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) Council: substituted, on 20 August 2000, by section 6(1) of the Alcohol Advisory Council Amendment Act 2000 (2000 No 25).

    Section 2(1) Customs or the Customs: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

    Section 2(1) financial year: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 2(1) fortified wine: repealed, on 17 March 2009, by section 4(1) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(1) fruit wine: repealed, on 17 March 2009, by section 4(1) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(1) grape wine: repealed, on 17 March 2009, by section 4(1) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(1) Hotel Investment Account: repealed, on 1 April 1990, by section 230(1) of the Sale of Liquor Act 1989 (1989 No 63).

    Section 2(1) Licensing Fund: repealed, on 1 April 1990, by section 230(1) of the Sale of Liquor Act 1989 (1989 No 63).

    Section 2(1) Liquor Fund or Fund: inserted, on 20 August 2000, by section 6(2) of the Alcohol Advisory Council Amendment Act 2000 (2000 No 25).

    Section 2(1) Minister: substituted, on 10 July 1987, by section 2(1) of the Alcoholic Liquor Advisory Council Amendment Act 1987 (1987 No 131).

    Section 2(1) official member: repealed, on 20 August 2000, by section 6(3)(e) of the Alcohol Advisory Council Amendment Act 2000 (2000 No 25).

    Section 2(1) preceding statistical year: amended, on 17 March 2009, by section 4(3) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(1) preceding statistical year: amended, on 13 July 1978, by section 2(3) of the Alcoholic Liquor Advisory Council Amendment Act 1978 (1978 No 7).

    Section 2(1) rate: inserted, on 17 March 2009, by section 4(2) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(1) spirits: substituted, on 25 October 1989, by section 2(4) of the Alcoholic Liquor Advisory Council Amendment Act 1989 (1989 No 96).

    Section 2(1) wine: substituted, on 17 March 2009, by section 4(4) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(1) Wine Institute's trustee: repealed, on 1 July 2004, by section 124(2) of the Wine Act 2003 (2003 No 114).

    Section 2(1) winemaker: added, on 1 July 2004, by section 124(2) of the Wine Act 2003 (2003 No 114).

    Section 2(2): repealed, on 17 March 2009, by section 4(5) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(2A): repealed, on 1 April 1990, by section 230(1) of the Sale of Liquor Act 1989 (1989 No 63).

    Section 2(2B): repealed, on 1 April 1990, by section 230(1) of the Sale of Liquor Act 1989 (1989 No 63).

    Section 2(2C): repealed, on 17 March 2009, by section 4(5) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(2D): substituted, on 1 January 2004, by section 124(1) of the Wine Act 2003 (2003 No 114).

    Section 2(2D): amended, on 17 March 2009, by section 4(6) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(3): substituted, on 1 January 2004, by section 124(1) of the Wine Act 2003 (2003 No 114).

    Section 2(3): amended, on 17 March 2009, by section 4(7) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).

    Section 2(4): substituted, on 1 January 2004, by section 124(1) of the Wine Act 2003 (2003 No 114).

    Section 2(5): added, on 17 March 2009, by section 4(8) of the Alcohol Advisory Council Amendment Act 2009 (2009 No 4).