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This is a Bill, not an Act. For current law, see the Acts databases.
ALCOHOL TOLL REDUCTION BILL 2007 [2008]
2004-2005-2006-2007
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Alcohol Toll Reduction Bill 2007
No. , 2007
(Senator Fielding)
A Bill for an Act to create a culture of responsible
drinking, and to facilitate a reduction in the alcohol
toll resulting from excessive alcohol consumption,
and for related purposes
Contents
1
Short title ............................................................................................ 1
2
Commencement................................................................................... 1
3
Objects ................................................................................................ 2
4
Alcohol advertisements not to be broadcast ....................................... 2
5
Schedule .............................................................................................. 2
Schedule 1--Amendments to provide for the advertising of
alcohol products
3
Australian Communications and Media Authority Act 2005
3
Broadcasting Services Act 1992
4
Food Standards Australia New Zealand Act 1991
5
Alcohol Toll Reduction Bill 2007 No. , 2007 1
A Bill for an Act to create a culture of responsible
1
drinking, and to facilitate a reduction in the alcohol
2
toll resulting from excessive alcohol consumption,
3
and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Alcohol Toll Reduction Act 2007.
7
2 Commencement
8
This Act commences on the day on which it receives the Royal
9
Assent.
10
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3 Objects
1
The objects of this Act are to:
2
(a) limit the times at which alcohol products are advertised on
3
radio and television for the protection of young people;
4
(b) provide for compulsory health information labels for alcohol
5
products; and
6
(c) provide for alcohol advertisements to be pre-approved by an
7
Australian Communications Media Authority Division
8
containing experts from the health industry, drug and alcohol
9
support services and motor vehicle accident trauma support
10
services.
11
4 Alcohol advertisements not to be broadcast
12
A broadcaster must not:
13
(a) broadcast an alcohol advertisement in Australia on or after
14
1 July 2008, otherwise than as permitted by Schedule 1 of this
15
Act; or
16
(b) authorise or cause an alcohol advertisement to be broadcast
17
otherwise than as permitted by Schedule 1 of this Act.
18
Penalty: 1000 penalty units.
19
5 Schedule
20
Each Act that is specified in a Schedule to this Act is amended or
21
repealed as set out in the applicable items in the Schedule
22
concerned, and any other item in a Schedule to this Act has effect
23
according to its terms.
24
25
1
Schedule 1
--
Amendments to provide for the
2
advertising of alcohol products
3
Australian Communications and Media Authority Act
4
2005
5
1 After Division 3 of Part 4
6
Insert:
7
Division 3A--Responsible Advertising of Alcohol Division
8
49A Responsible Advertising of Alcohol Division
9
(1) The ACMA must establish a Division to be known as the
10
Responsible Advertising of Alcohol Division.
11
(2) In accordance with paragraph 46(1)(a) the Division must deal with
12
matters relating to the broadcasting of alcohol advertisements as
13
follows:
14
(a) approving the content of all alcohol advertisements before
15
they are broadcast;
16
(b) advising broadcasters on the standards and control of alcohol
17
advertising.
18
(3) The membership of the Division required by this section must,
19
subject to subsection (4), comply with subsection 46(3).
20
(4) The Division established by this subsection may include one or
21
more associate members as chosen from time to time by the
22
ACMA provided that those associate members are selected from
23
the following groups:
24
(a) one associate member representing the medical profession;
25
(b) one associate member representing the alcohol and drug
26
support sector;
27
(c) one associate member representing motorist associations and
28
motor accident trauma support groups;
29
(d) one associate member representing the alcohol retail industry.
30
31
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Broadcasting Services Act 1992
1
2 After section 122
2
Insert:
3
122A Program standards for alcohol advertising
4
(1) The ACMA must, by notice in writing, determine standards that are
5
to be observed by commercial television broadcasting licensees in
6
relation to alcohol advertising.
7
(2) Standards under subsection (1) for commercial television
8
broadcasting licensees are to relate to:
9
(a) the definition of direct advertisements for alcohol products;
10
(b) limiting the timing of the broadcasting of advertisements for
11
alcohol products to the period 9pm to 5am each day of the
12
week;
13
(c) the content of any advertisement for an alcohol product, and
14
must specifically provide that such an advertisement:
15
(i) not have strong or evident appeal to children;
16
(ii) not suggest that alcohol contributes to personal, business,
17
social, sporting, sexual or other success in life.
18
(3) A commercial television industry code of practice which is not in
19
accordance with this clause is void and of no effect.
20
3 At the end of Part 2 of Schedule 2
21
Insert:
22
6A Advertisements relating to alcohol
23
(1) In this clause, broadcaster means:
24
(a) a commercial television broadcasting licensee; or
25
(b) a commercial radio broadcasting licensee; or
26
(c) a subscription television broadcasting licensee; or
27
(d) a person providing broadcasting services under a class
28
licence.
29
(2) A broadcaster must not broadcast an advertisement relating to an
1
alcohol product that is required to be approved under the Alcohol
2
Toll Reduction Act 2007 unless the text, image and content of the
3
advertisement has been so approved.
4
4 After paragraph 7(1)(a) of Part 3 of Schedule 2
5
Insert:
6
(ab) the licensee will not, in contravention of the Alcohol Toll
7
Reduction Act 2007, broadcast an advertisement for an
8
alcohol product otherwise than in accordance with this Act.
9
5 After paragraph 8(1)(a) of Part 4 of Schedule 2
10
Insert:
11
(ab) the licensee will not, in contravention of the Alcohol Toll
12
Reduction Act 2007, broadcast an advertisement for an
13
alcohol product otherwise than in accordance with this Act.
14
6 After paragraph 9(1)(a) of Part 5 of Schedule 2
15
Insert:
16
(ab) the licensee will not, in contravention of the Alcohol Toll
17
Reduction Act 2007, broadcast an advertisement for an
18
alcohol product otherwise than in accordance with this Act.
19
7 After paragraph 10(1)(a) of Part 6 of Schedule 2
20
Insert:
21
(ab) the licensee will not, in contravention of the Alcohol Toll
22
Reduction Act 2007, broadcast an advertisement for an
23
alcohol product otherwise than in accordance with this Act.
24
8 After paragraph 11(1)(a) of Part 7 of Schedule 2
25
Insert:
26
(ab) the licensee will not, in contravention of the Alcohol Toll
27
Reduction Act 2007, broadcast an advertisement for an
28
alcohol product otherwise than in accordance with this Act.
29
Food Standards Australia New Zealand Act 1991
30
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9 After section 87
1
Insert:
2
87A Publication of alcohol standard or variation
3
(1) A standard must be made in accordance with section 87 to provide
4
for the labelling of alcohol products and food containing alcohol to
5
provide for:
6
(a) the consumption guidelines of the National Health and
7
Medical Research Council;
8
(b) the unsafe use of alcohol;
9
(c) the impact of drinking on populations vulnerable to alcohol;
10
(d) health advice about the medical side effects of alcohol;
11
(e) the manner in which the information may be provided,
12
(including provision in text or pictorial form).
13
(2) A standard or a variation to a standard made in accordance with
14
subsection (1) is a disallowable legislative instrument for the
15
purposes of the Legislative Instruments Act 2003.
16
(3) The standards required by subsection (1) must comply with any
17
directions given by the Minister in accordance with section 15.
18