Federal Register of Legislation - Australian Government

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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
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Registered 26 Sep 2007
Introduced Senate 19 Sep 2007

 

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

 


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

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Alcohol Toll Reduction Act 2007.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Objects

                   The objects of this Act are to:

                     (a)  limit the times at which alcohol products are advertised on radio and television for the protection of young people;

                     (b)  provide for compulsory health information labels for alcohol products; and

                     (c)  provide for alcohol advertisements to be pre‑approved by an Australian Communications Media Authority Division containing experts from the health industry, drug and alcohol support services and motor vehicle accident trauma support services.

4  Alcohol advertisements not to be broadcast

                   A broadcaster must not:

                     (a)  broadcast an alcohol advertisement in Australia on or after 1 July 2008, otherwise than as permitted by Schedule 1 of this Act; or

                     (b)  authorise or cause an alcohol advertisement to be broadcast otherwise than as permitted by Schedule 1 of this Act.

Penalty:  1000 penalty units.

5  Schedule

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments to provide for the advertising of alcohol products

Australian Communications and Media Authority Act 2005

1  After Division 3 of Part 4

Insert:

Division 3AResponsible Advertising of Alcohol Division

49A  Responsible Advertising of Alcohol Division

             (1)  The ACMA must establish a Division to be known as the Responsible Advertising of Alcohol Division.

             (2)  In accordance with paragraph 46(1)(a) the Division must deal with matters relating to the broadcasting of alcohol advertisements as follows:

                     (a)  approving the content of all alcohol advertisements before they are broadcast;

                     (b)  advising broadcasters on the standards and control of alcohol advertising.

             (3)  The membership of the Division required by this section must, subject to subsection (4), comply with subsection 46(3).

             (4)  The Division established by this subsection may include one or more associate members as chosen from time to time by the ACMA provided that those associate members are selected from the following groups:

                     (a)  one associate member representing the medical profession;

                     (b)  one associate member representing the alcohol and drug support sector;

                     (c)  one associate member representing motorist associations and motor accident trauma support groups;

                     (d)  one associate member representing the alcohol retail industry.


Broadcasting Services Act 1992

2  After section 122

Insert:

122A  Program standards for alcohol advertising

             (1)  The ACMA must, by notice in writing, determine standards that are to be observed by commercial television broadcasting licensees in relation to alcohol advertising.

             (2)  Standards under subsection (1) for commercial television broadcasting licensees are to relate to:

                     (a)  the definition of direct advertisements for alcohol products;

                     (b)  limiting the timing of the broadcasting of advertisements for alcohol products to the period 9pm to 5am each day of the week;

                     (c)  the content of any advertisement for an alcohol product, and must specifically provide that such an advertisement:

                              (i)  not have strong or evident appeal to children;

                             (ii)  not suggest that alcohol contributes to personal, business, social, sporting, sexual or other success in life.

             (3)  A commercial television industry code of practice which is not in accordance with this clause is void and of no effect.

3  At the end of Part 2 of Schedule 2

Insert:

6A  Advertisements relating to alcohol

             (1)  In this clause, broadcaster means:

                     (a)  a commercial television broadcasting licensee; or

                     (b)  a commercial radio broadcasting licensee; or

                     (c)  a subscription television broadcasting licensee; or

                     (d)  a person providing broadcasting services under a class licence.

             (2)  A broadcaster must not broadcast an advertisement relating to an alcohol product that is required to be approved under the Alcohol Toll Reduction Act 2007 unless the text, image and content of the advertisement has been so approved.

4  After paragraph 7(1)(a) of Part 3 of Schedule 2

Insert:

                    (ab)  the licensee will not, in contravention of the Alcohol Toll Reduction Act 2007, broadcast an advertisement for an alcohol product otherwise than in accordance with this Act.

5  After paragraph 8(1)(a) of Part 4 of Schedule 2

Insert:

                    (ab)  the licensee will not, in contravention of the Alcohol Toll Reduction Act 2007, broadcast an advertisement for an alcohol product otherwise than in accordance with this Act.

6  After paragraph 9(1)(a) of Part 5 of Schedule 2

Insert:

                    (ab)  the licensee will not, in contravention of the Alcohol Toll Reduction Act 2007, broadcast an advertisement for an alcohol product otherwise than in accordance with this Act.

7  After paragraph 10(1)(a) of Part 6 of Schedule 2

Insert:

                    (ab)  the licensee will not, in contravention of the Alcohol Toll Reduction Act 2007, broadcast an advertisement for an alcohol product otherwise than in accordance with this Act.

8  After paragraph 11(1)(a) of Part 7 of Schedule 2

Insert:

                    (ab)  the licensee will not, in contravention of the Alcohol Toll Reduction Act 2007, broadcast an advertisement for an alcohol product otherwise than in accordance with this Act.

Food Standards Australia New Zealand Act 1991

9  After section 87

Insert:

87A  Publication of alcohol standard or variation

             (1)  A standard must be made in accordance with section 87 to provide for the labelling of alcohol products and food containing alcohol to provide for:

                     (a)  the consumption guidelines of the National Health and Medical Research Council;

                     (b)  the unsafe use of alcohol;

                     (c)  the impact of drinking on populations vulnerable to alcohol;

                     (d)  health advice about the medical side effects of alcohol;

                     (e)  the manner in which the information may be provided, (including provision in text or pictorial form).

             (2)  A standard or a variation to a standard made in accordance with subsection (1) is a disallowable legislative instrument for the purposes of the Legislative Instruments Act 2003.

             (3)  The standards required by subsection (1) must comply with any directions given by the Minister in accordance with section 15.