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Cook Islands Amendment Act 1986-87

COOK ISLANDS

COOK ISLANDS AMENDMENT ACT 1986-87

ANALYSIS

Title
1. Short Title
2. Manufacture of intoxicating liquor
3. New sections

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1986-87, No. 27

An Act to amend the Cook Islands Act 1915 by making provision for the licensing of manufacturers of intoxicating liquor.

[15 April 1987

BE IT ENACTED by the Parliament of the Cook Islands in Session assembled, and by the authority of the same, as follows:

1. Short Title - This Act may be cited as the Cook Islands Amendment Act 1986-87 and shall be read together with and deemed part of the Cook Islands Amendment Act 1961 (hereinafter called "the principal Act").

2. Manufacture of intoxicating liquor - Section 5 of the principal Act is repealed and the following section substituted -

"5. Manufacture of intoxicating liquor -(1) Subject to section 5A, it shall not be lawful for any person to manufacture for sale or reward intoxicating liquor in the Cook Islands.

(2) Every person who commits as offence against this section is liable to imprisonment for a term not exceeding 6 months or to a fire not exceeding $500 or to both."

3. New sections - The principal Act is amended by inserting after section 5 the following new sections-

"5A. Minister may grant licences - (1) The Minister of Customs may on such terms and conditions as he thinks fit and subject to any regulations passed pursuant to section 5B, grant to any person a licence for the purpose of manufacturing for sale or reward intoxicating liquor.

(2) Every person to whom a licence is granted shall pay to the Collector of Customs, in respect of intoxicating liquor manufactured by him, a duty to be calculated and paid in the manner prescribed by regulations.

5B. Regulations - The Queen's Representative may from time to time by Order in Executive Council make regulations for all or any of the following purposes:

(a) Prescribing forms for any of the purposes of this Act;

(b) Prescribing matters in respect of which fees are to be payable under this Act or. under the regulations, the amount of the fees and the manner in which they shall be paid;

(c) Prescribing the duty to be paid by a person to whom a licence: is granted pursuant to this Act and the basis upon which it shall be calculated and the manner in which it shall be paid;

(d) Prescribing and regulating the provision, keeping, maintenance, alteration, use, and inspection of any buildings, plant, equipment, apparatus, tanks, containers, or materials in a brewery, distillery, winery, depot, or bottling store, or other premises for the purposes of this Act;

(e) Prescribing any procedures to be followed in any process of manufacturing intoxicating liquor and in the bottling, packing, repacking, storage, removal, conveyance, or delivery of intoxicating liquor;

(f) Providing for the making of entries, returns, and declarations for any of the purposes of this Act or of the regulations;

(g) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration;

(h) Prescribing offences against any such regulations and prescribing fines not exceeding $500 in respect of any such offence."

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This Act is administered by the Customs Department