Sale of Liquor (Youth Alcohol Harm Reduction: Television Broadcasting Promotion) Amendment Bill

Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Sale of Liquor (Youth Alcohol Harm Reduction : Television Broadcasting Promotion ) Amendment Act 2005 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 2A Principal Act amended This Act amends the Sale of Liquor Act 1989. 3 Object of Act Section 4 is amended by omitting over the sale and supply of liquor and substituting over the sale, supply, and television broadcasting promotion of liquor . 10 New Part 8A inserted The following Part is inserted after Part 8 section 184 : 8A Restriction on broadcasting on television of liquor advertising programmes 184A Purpose of Part The purpose of this Part is to reduce the purchase of liquor, particularly among young people, by imposing a restriction on broadcasting liquor advertising programmes. 1 The purpose of this Part is to help to achieve the aim (specified in section 4(1)) of contributing to the reduction of liquor abuse (particularly by and among young people), so far as that can be achieved by legislative means. 2 To that end, this Part— a imposes a restriction on the broadcasting on television of liquor advertising programmes (but does not affect those in which liquor is referred to, or depicted, only incidentally, or the inclusion in programmes broadcast on television of credits, intended to promote liquor, in respect of sponsorships or underwriting arrangements); and b ensures (without limiting the jurisdiction or functions under any enactment of any court or tribunal or any other person or body) that the Broadcasting Standards Authority established by section 20 of the Broadcasting Act 1989 is the only person or body that has jurisdiction to do certain specified things. 3 Those specified things are— a to hear and determine complaints that liquor advertising programmes have been broadcast on television in breach of principles, rules, or standards of advertising or broadcasting practice; and b to encourage the development and observance by broadcasters of, and to develop and issue, codes of broadcasting practice in relation to restrictions on the television broadcasting promotion of liquor. 184B Interpretation In this Part, the terms advertising programme , broadcaster , and broadcasting , and liquor have the meaning s given to them by section 2 of the Broadcasting Act 1989. 184C Broadcast Liquor advertising programmes broadcast on television 1 No broadcaster may broadcast on television before 10 pm on any day , or any and no person may arrange for the broadcast on television before 10 pm on any day of, any liquor advertising programme in New Zealand before 10pm on any day . 1A Subsection (1) does not apply to an advertising programme broadcast on television in which reference to, or the depiction of, liquor, liquor packaging, or a liquor outlet, or all of them, is incidental to that programme's purpose. 1B Subsection (1) does not apply to the inclusion in any programme broadcast on television of a credit— a in respect of a sponsorship or underwriting arrangement entered into in relation to that programme; and b intended to promote liquor; and c for which payment is made, whether in money or otherwise. 1C Subsection (1) does not apply to the broadcast on television of any liquor advertising programme if the signal for that programme— a originates outside New Zealand; and b is produced and transmitted simultaneously to both New Zealand audiences and audiences outside New Zealand; and c is targeted primarily at audiences outside New Zealand. 2 Every person commits an offence and is liable on summary conviction to a fine not exceeding $100,000 who fails to comply with subsection (1) . 3 Despite anything to the contrary in any other Act, the Broadcasting Standards Authority established by the Broadcasting Act 1989 must have sole jurisdiction over all matters that may arise in relation to any liquor advertising programme. 3 The Broadcasting Standards Authority established by section 20 of the Broadcasting Act 1989 is the only person or body that has jurisdiction— a to hear and determine complaints that liquor advertising programmes have been broadcast on television in breach of principles, rules, or standards of advertising or broadcasting practice; and b to encourage the development and observance by broadcasters of, and to develop and issue, codes of broadcasting practice in relation to restrictions on the television broadcasting promotion of liquor. 3A In particular, no recognition by a broadcaster or advertiser of the jurisdiction of the Advertising Standards Complaints Board in relation to any complaints of the kind referred to in subsection (3) continues, or may be renewed, or may be replaced by recognition of the jurisdiction of any other similar person or body, after the commencement of the Sale of Liquor (Youth Alcohol Harm Reduction: Television Broadcasting Promotion) Amendment Act 2005 . 3B Subsection (3) applies despite anything to the contrary in any other enactment, but does not limit or affect the jurisdiction or functions under any enactment of any court or tribunal or any other person or body (for example, the Alcohol Advisory Council of New Zealand). 4 In its consideration of any matter complaints or codes of the kinds referred to in subsection (3) , the Broadcasting Standards Authority must exercise its relevant jurisdiction under the Broadcasting Act 1989, but must also have regard to section 4 of this Act the purpose of this Part . 5 For the avoidance of doubt the self-regulating industry body known as the Advertising Standards Authority will no longer have any jurisdiction over broadcast liquor advertising.