400 Regulations banning or restricting certain alcohol products

(1)

Regulations made under section 397 may do any or all of the following things:

(a)

declare any product containing ethanol to be a banned alcohol product or a restricted alcohol product:

(b)

declare products of any described kind containing ethanol to be banned alcohol products or restricted alcohol products:

(c)

regulate or control the distribution, importation, manufacture, or sale of restricted alcohol products (or regulate or control any or all of those things):

(d)

regulate, control, or prohibit the advertising, display for sale, labelling, packaging, or promotion of restricted alcohol products (or regulate, control, or prohibit any or all of those things).

(2)

A product may be declared to be a banned alcohol product or a restricted alcohol product by reference to its name or trade name.

(3)

A kind of product may be described by reference to any or all of the following characteristics:

(a)

its ethanol content as a proportion:

(b)

its ethanol content described in terms of a standard drink (as defined in the regulations concerned):

(c)

its content of any ingredient or ingredients other than ethanol:

(d)

the proportions of any of its ingredients (whether or not including ethanol):

(e)

the lack of any ingredient or ingredients:

(f)

the capacity of the container in which it is sold or supplied:

(g)

the state in which it is sold or supplied.

(4)

Subsection (3)(f) does not prevent the description of a kind of product not (or not necessarily) sold or supplied in containers.

(5)

Before recommending the making of regulations of a kind described in subsection (1), the Minister must, to the extent that is reasonably practicable having regard to the circumstances of the particular case, consult the persons the Minister has reason to believe are representative of interests likely to be substantially affected by the regulations.

(6)

This subsection applies to regulations—

(a)

declaring any product containing ethanol to be a banned alcohol product; or

(b)

declaring products of any described kind containing ethanol to be banned alcohol products.

(7)

The Minister must not recommend the making of regulations to which subsection (6) applies unless satisfied, after consultation with the Minister of Health, that the product or kind of product concerned—

(a)

is particularly dangerous to health; or

(b)

has special appeal to young people because of—

(i)

its nature; or

(ii)

any advertising, display for sale, labelling, packaging, or promotion.

(8)

The Minister must not recommend the making of regulations of a kind described in subsection (1) that come into force sooner than the day 3 months after the date of their notification in the Gazette unless satisfied, after consultation with the Minister of Health, that there exists or is about to exist a situation serious enough to justify urgent action.