Act No. 32, 2008
(c)
LIQUOR PRODUCTS AMENDMENT ACT. 2008
by the substitution in subsection (4) for paragraph (a) of the following
paragraph:
"(a) A n import certificate shall be issued on the conditions d e t e r m i n e d
by the a d m i n i s t e r i n g officer [or, in t h e case of a p r o d u c t referred to in
s u b s e c t i o n (3)(b), the b o a r d ] . " .
A m e n d m e n t o f section 17 of A c t 6 0 of 1989
9. Section 17 of the principal A c t is hereby a m e n d e d by the substitution in subsection
(3) for paragraph (b) of the following paragraph:
"(b) in the case of a liquor p r o d u c t derived from g r a p e s and w h e n required by
regulation, the board has in the prescribed m a n n e r found the product
concerned to be suitable for e x p o r t . " .
A m e n d m e n t o f section 2 3 of A c t 6 0 of 1 9 8 9 , as a m e n d e d by s e c t i o n 4 o f A c t 11 of
1993
10. Section 23 of the principal A c t is hereby a m e n d e d by the substitution for
subsection (2) of the following subsection:
" ( 2 ) A n y person w h o is convicted of an offence u n d e r this Act s h a l l —
(a) on a first conviction of an offence referred to in p a r a g r a p h (a), (c). (d), (e), (f)
or (g) of subsection (1), be liable to a line [not e x c e e d i n g R 8 0 0 0 ] or to
i m p r i s o n m e n t for a period not [ e x c e e d i n g ] less than t w o years or to both
[that] a line and [that] such i m p r i s o n m e n t ;
(b) on a second or s u b s e q u e n t conviction of an offence m e n t i o n e d in p a r a g r a p h
(a), w h e t h e r it be the same offence or s o m e other offence m e n t i o n e d in that
paragraph, be liable to a fine [not e x c e e d i n g R 1 6 0 0 0 ] or to i m p r i s o n m e n t for
a period not [ e x c e e d i n g ] less than four years or to both [that] a fine and [that]
such i m p r i s o n m e n t ;
(c) on a first conviction of an offence referred to in p a r a g r a p h (b), (h). (i), (j), or
(k) of subsection (1), be liable to a fine [not e x c e e d i n g R 2 0 0 0 ] or to
i m p r i s o n m e n t for a period not [ e x c e e d i n g ] less than six m o n t h s or to both
[that] a fine and [that] such i m p r i s o n m e n t ; and
(d) on a second or subsequent conviction of an offence m e n t i o n e d in paragraph
(c). w h e t h e r it be the s a m e offence or s o m e other offence m e n t i o n e d in that
paragraph, be liable to a fine [not e x c e e d i n g R 4 0 0 0 ] or to i m p r i s o n m e n t for
a period not [ e x c e e d i n g ] less than o n e year or to both [that] a fine and [that]
such i m p r i s o n m e n t . " .
A m e n d m e n t o f section 27 of A c t 6 0 of 1989
11. Section 27 of the principal A c t is hereby a m e n d e d by the addition of the following
paragraphs:
"(m) the quantity and m a r k i n g of tanks, c a s k s and other r e c e p t a c l e s
used in the production and storage of liquor p r o d u c t s ;
(n)
the c i r c u m s t a n c e s and conditions u n d e r w h i c h the a d m i n i s t e r i n g officer or
the board, as the case m a y b e , may allow for a relaxation of a r e q u i r e m e n t in
terms of a regulation or a s c h e m e , " .
Transitional p r o v i s i o n
12. A n y m e m b e r of the board in office i m m e d i a t e l y prior to the c o m m e n c e m e n t of this
Act, shall remain in office until the appointment of the m e m b e r s of the b o a r d in t e r m s of
the L i q u o r Products Act. 1989 (Act N o . 6 0 of 1989), as a m e n d e d by this Act.
S h o r t title and c o m m e n c e m e n t
13. T h i s Act is called the L i q u o r P r o d u c t s A m e n d m e n t Act, 2 0 0 8 , and c o m e s to
operation on a date fixed by the President by p r o c l a m a t i o n in the Gazette.