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Manufacture of Liquor Act 1997

REPUBLIC OF KIRIBATI

(No. 11 of 1997)

I assent,

(Signed) (Sgd: T. Tito)
Beretitenti
29/12/1997

AN ACT TO PROVIDE FOR THE MANUFACTURE AND DISTILLATION OF LIQUOR AND FOR CONNECTED PURPOSES

Short title

1. This Act may be cited as the Manufacture of Liquor Act, 1997.

Interpretation

2. In this Act unless the context otherwise requires -

"liquor" means any spirit, wine, beer port, sherry, hop beer or any other fermented, distilled or spirituous liquor ordinarily used as a beverage which contains more than two per cent of proof spirit;

"proof" means of the strength of proof as ascertained by Sike’s hydrometer.

Manufacture, etc. of liquor without a licence an offence

3. Subject to section 4, no person -

(a) shall brew or distil or aid or assist or be otherwise concerned in brewing or making or distilling any liquor; or

(b) shall knowingly supply any materials for brewing or making or distilling any liquor to any person other than a manufacturer licensed under this Act; or

(c) shall have in his possession or custody any liquor made or distilled in the Republic by any person other than a brewer or manufacturer licensed under this Act; or

(d) shall convey or conceal, or aid or assist in conveying or concealing, or upon whose premises liquor is found brewed or made or distilled in the Republic by any person other than a brewer or manufacturer licensed under this Act.

Licence to manufacture liquor

4. (1) The Minister may, acting in accordance with the advice of the Cabinet, issue a licence to manufacture, and sell wholesale, liquor, on such terms and conditions as the Minister, acting in accordance with the advice of the Cabinet thinks fit.

(2) A breach of any terms and conditions of a licence issued under subsection (1) of this section shall be an offence against this Act.

Determination of percentage of alcohol

5. In any proceedings under this Act a certificate purporting to be signed by the Chief Medical Officer or any person authorised in that behalf by him, stating the percentage of alcohol contained in any liquid submitted for his examination, shall be admissible in evidence.

Burden of proof

6. In any prosecution for an offence under this Act, an averment in the summons that -

(a) any liquid the subject of the prosecution is liquor;

(b) that any liquor the subject of the prosecution was made or distilled in the Republic,

shall be prima facie evidence of the facts so averred.

Powers of police

7. (1) It shall be lawful for any police officer to enter upon any premises, other than the premises of a manufacturer licensed under this Act, which there is reason to believe are being used for the purposes of making or distilling liquor or whereon there is reason to believe there is any machinery, materials, implements or utensils, used in the process of making or distilling liquor, or any liquor made or distilled in the Republic and seize any such articles.

(2) Any police officer may use such force as may be necessary to effect the entry and make the seizure authorised by this section.

Obstruction and bribery

8. Any person who shall obstruct or resist any police officer in the exercise of any power given to him by this section or who shall offer him any bribe or endeavour in any way to induce him to abstain from so exercising his power shall be guilty of an offence.

Penalty

9. Any person found guilty of an offence under this Act for which a penalty is not otherwise provided for, shall be liable upon conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2000 or to both.

Offences relating to the sale of liquor manufactured in breach of this Act

10. (1) Any person who sells or supplies or allows to be sold or supplied to any person any liquor the manufacture of distillation of which is an offence against this Act shall be guilty of an offence.

(2) Any person who consumes any liquor such as is mentioned in subsection (1) hereof shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding $200 or to imprisonment for a term not exceeding two months.

Regulations

11. (1) The Minister, acting in accordance with the advice of the Cabinet, may make, alter, add to or revoke regulations for carrying into effect the provisions of this Act, for prescribing fees payable for licences and forms to be used and generally respecting all matters incidental to the working of this Act.

(2) By such regulations there may be imposed in respect to the breach of any of them a penalty by way of a fine not exceeding the sum of $100.

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