Methylated Spirits Act 2001

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Methylated Spirits Act 2001


No. 22 of 2001






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METHYLATED SPIRITS ACT 2001

Methylated Spirits Act 2001 Arrangement of Sections





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METHYLATED SPIRITS ACT 2001

Arrangement of Sections
Section

PART I - PRELIMINARY 5
1 Short Title ........................................................................................................5
2 Interpretation....................................................................................................5

PART II - LICENCES AND REGISTER 6
3 Licensing Authority .........................................................................................6
4 Applications .....................................................................................................6
5 Import Licence.................................................................................................6
6 Register of import of methylated spirits to be kept..........................................7
7 Licence to sell or store for sale methylated spirits...........................................7
8 Register of purchase or sales of methylated spirits to be kept .........................8
9 Power search ....................................................................................................8

PART III - OFFENCES 8
10 Sale without licence and obstructing officer....................................................8
11 Sale to persons under 18 years prohibited .......................................................8
12 Declaration of methylated spirits on importation ............................................9
13 Concealing imported methylated spirits ..........................................................9
14 Sale of methylated spirits and beverages containing methylated spirits..........9
15 Storing or selling methylated spirits in excess of licence ..............................10
16 Poison warning on containers ........................................................................10

Arrangement of Sections Methylated Spirits Act 2001





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PART IV - GENERAL 10
17 General penalty ..............................................................................................10
18 Cancellation of licence ...................................................................................10
19 Regulations.....................................................................................................11


SCHEDULE 12

LICENCE TO IMPORT METHYLATED SPIRITS.............................................12

METHYLATED SPIRITS (IMPORTATION) REGISTER...................................13

LICENCE TO SELL OR STORE METHYLATED SPIRITS ..............................14

METHYLATED SPIRITS (PURCHASE & SALE) REGISTER ..........................15

Methylated Spirits Act 2001 Section 1





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C
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METHYLATED SPIRITS ACT 2001

No. 22 of 2001

AN ACT TO CONTROL THE IMPORTATION, SALE AND USE OF
METHYLATED SPIRITS

I assent,
TAUFA'AHAU TUPOU IV,

21st September, 2002

[19th September, 2001]

PART I - PRELIMINARY
BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:

1 Short Title
(1) This Act may be cited as the Methylated Spirits Act 2001.

2 Interpretation
In this Act, unless the context otherwise requires —

“licence” means a licence issued under section 5(1) or section 7(1);

“licensee” means a person holding a licence under this Act;

Section 3 Methylated Spirits Act 2001





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“Licensing Authority” means the Minister of Police;

“methylated spirits” means any mixture of ethyl alcohol (ethanol) that
has been denatured with methyl alcohol (methanol);

“register” means the record required to be kept by a licensee under
section 6 or section 8.

PART II - LICENCES AND REGISTER

3 Licensing Authority
(1) The Licensing Authority shall be charged with the administration of this

Act and with such other functions as may from time to time be lawfully
conferred upon him.

(2) The Licensing Authority, may, by notice in the Gazette, appoint such
Licensing Officers and delegate such powers under this Act to such
officers as may be necessary for carrying out the provisions of this Act
and any Regulations made thereunder:

Provided that such Licensing Officers shall be Police Officers not below
the rank of Sergeant, or in charge of a Police Station.

4 Applications
Every application for a licence to import or to sell and store methylated spirits
shall be made in writing to the Licensing Authority.

5 Import Licence
(1) No person shall import methylated spirits into Tonga unless he holds a

licence for that purpose.

(2) Such import licence shall be in Form 1 of the Schedule and shall authorise
the licensee to import up to the maximum quantity of methylated spirits
specified in his licence.

(3) Notwithstanding subsection (2) the maximum quantity in each import
licence may be varied at any time by the Licensing Authority on
application by the licensee and on being satisfied that such variation is
justified.

(4) Such licence shall be issued on payment of the prescribed fee:

Methylated Spirits Act 2001 Section 6





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(5) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable upon conviction to a fine not exceeding $1,000 or to
imprisonment for a term not exceeding 12 months.

(6) Every licence under this section shall expire on 31 December in the year
of issue.

6 Register of import of methylated spirits to be kept
(1) The holder of an import licence shall keep upon the licensed premises a

register in the prescribed Form 2 of the Schedule in which he shall enter
legibly the time and date of importation of methylated spirits, specifying
the quantity of methylated spirits imported, name and address of person
from whom the purchase was made and price paid for the same.

(2) Every such entry shall be in the English or Tongan language and shall be
made at the time of importation.

(3) When applying for a renewal of a licence, a licensee shall produce his
register to the Licensing Officer for inspection.

(4) A licensee who fails to comply with this section shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding $1,000.

7 Licence to sell or store for sale methylated spirits
(1) A licence granted under this section shall be in Form 3 of the Schedule

and shall authorise the licensee to sell or store for sale methylated spirits
up to the maximum quantity specified in his licence.

(2) The Licensing Authority, on being satisfied that the applicant for a licence
will be able to observe the provisions of this Act, or, in the case of an
applicant for renewal of a licence, that he has observed the provisions of
this Act, may grant or renew such licence on payment of the fee
prescribed by Regulations and, when granting such licence or the renewal
thereof, shall specify in the licence the maximum quantity of methylated
spirits which may be sold or stored for sale by the licensee and the
premises on or from which methylated spirits may be sold or stored.

(3) Notwithstanding subsection (2), no licence shall be granted or renewed to
any person in respect of premises which has a licence for the sale of
intoxicating liquor.

(4) Every licence under this section shall expire on 31 December in the year
of issue.

Section 8 Methylated Spirits Act 2001





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8 Register of purchase or sales of methylated spirits to be kept
(1) Every licensee shall keep upon the licensed premises a register in the

prescribed Form 4 of the Schedule in which he shall enter legibly the time
and date of sale or purchase of methylated spirits, specifying the quantity
of methylated spirits purchased or sold, name and address of person from
whom the purchase or to whom the sale was made, price paid or received
for the same.

(2) Every such entry shall be in the English or Tongan language and shall be
made at the time of such purchase or sale.

(3) When applying for a renewal of a licence, a licensee shall produce his
register to the Licensing Officer for inspection.

(4) A licensee who fails to comply with this section shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding $1,000.

9 Power search
Any police officer may enter, at any reasonable time, any premises licensed
under this Act or on which he has reasonable grounds for suspecting that
methylated spirits are sold or stored for sale, and may search that part of the said
premises where methylated spirits is stored and may inspect the register.

PART III - OFFENCES

10 Sale without licence and obstructing officer
(1) Any person who —

(a) sells or stores for sale methylated spirits without a licence; or
(b) obstructs any police officer acting in lawful execution of his duty

under this Act,

commits an offence.

11 Sale to persons under 18 years prohibited
(1) Any person who sells or supplies or allows to be sold or supplied to any

person under the age of 18 years any methylated spirits shall be guilty of
an offence and shall be liable upon conviction to a fine not exceeding
$1,000 or to imprisonment for a term not exceeding 12 months.

(2) Any person under the age of 18 years who purchases or attempts to
purchase any methylated spirits, shall be guilty of an offence and shall be

Methylated Spirits Act 2001 Section 12





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liable upon conviction to a fine not exceeding $1,000 or to imprisonment
for a term not exceeding 12 months.

12 Declaration of methylated spirits on importation
(1) Every person entering Tonga who has in his possession or among his

baggage any methylated spirits and every consignee receiving any
methylated spirits imported into Tonga shall make a declaration thereof to
the Customs Officer on arrival and before clearing such methylated spirits
through Customs shall produce to such Customs Officer a licence issued
under section 5.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable upon conviction to a fine not exceeding $1,000 or to
imprisonment for a term not exceeding 12 months.

13 Concealing imported methylated spirits
Any person concealing any methylated spirits imported without a licence shall
be guilty of an offence and shall be liable upon conviction to a fine not
exceeding $1,000 or to imprisonment for a term not exceeding 12 months.

14 Sale of methylated spirits and beverages containing methylated
spirits
(1) Any person whether or not licensed under this Act who —

(a) sells or supplies methylated spirits to any person for consumption
as a beverage or sells or supplies to any person any beverage
containing methylated spirits;

(b) prepares or attempts to prepare any methylated spirits for use as a
beverage or as a mixture in any beverage or makes or blends any
beverage containing methylated spirits;

(c) consumes methylated spirits or any beverage containing methylated
spirits; or

(d) is found in possession for consumption of methylated spirits or
beverage containing methylated spirits;

commits an offence.

(2) The court in which any person is convicted of an offence under this Act
may order all methylated spirits or beverages containing methylated
spirits found in his possession and the receptacles containing it to be
forfeited and to be disposed of in such manner as the court deems fit.

Section 15 Methylated Spirits Act 2001





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(3) It shall be lawful for any police officer to arrest without a warrant any
unauthorised person found in possession of methylated spirits or any
beverage containing methylated spirits.

15 Storing or selling methylated spirits in excess of licence
Any licensee selling or storing for sale a quantity of methylated spirits in excess
of the quantity specified in his licence shall be guilty of an offence.

16 Poison warning on containers
(1) It shall not be lawful to offer for sale or sell methylated spirits to any

person in a container, unless such container is clearly labelled or marked
“POISON” in letters at least half an inch high, and unless there is a
warning thereon in letters at least a quarter of an inch high, in English and
Tongan, that the contents of such container, if drunk, may produce
blindness or death.

(2) Any person offering for sale or selling methylated spirits to any person in
containers not clearly labelled or marked in accordance with subsection
(1) shall be guilty of an offence.

(3) On request a Licensing Officer shall supply labels complying with this
section to any licensee.

PART IV - GENERAL

17 General penalty
Any person convicted of an offence against any of the provisions of this Act
shall if no other penalty is provided be liable to a fine not exceeding $1,000 or to
imprisonment for a term not exceeding 12 months or to both such fine and
imprisonment;

18 Cancellation of licence
The court before which any licensee is convicted of an offence under this Act,
may cancel his licence.

Methylated Spirits Act 2001 Section 19





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19 Regulations
(1) The Licensing Authority may, with the consent of the Cabinet, make

Regulations for the carrying out of the purpose and for the administration
of this Act.

(2) In particular, and without prejudice to the generality of subsection (1) the
Licensing Authority may make the Regulations prescribing the forms to
be used, the fees to be paid and the manner of storage of methylated
spirits.



Schedule Methylated Spirits Act 2001





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Schedule

Form 1

(Section 5)

LICENCE TO IMPORT METHYLATED SPIRITS

Licence is hereby granted to

..........................................................., of .................................................. to

import into the Kingdom of Tonga Methylated Spirits.

The maximum quantity of methylated spirits authorised to be imported is .................
litres in total during the period of validity.

This licence expires on 31 December, 20.............

.............................

Licensing Officer
Fee paid..............................

Methylated Spirits Act 2001 Schedule





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Form 2

(Section 6)

METHYLATED SPIRITS (IMPORTATION) REGISTER

Date Quantity of
methylated spirits
imported

Name and address of
person from whom
methylated spirits imported

Price Signature of person
importing.
Time and Date.
















































Schedule Methylated Spirits Act 2001





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Form 3

(Section 7)

LICENCE TO SELL OR STORE METHYLATED SPIRITS

Licence is hereby granted to

.........................................., of .................................... to

sell or store for sale Methylated Spirits at his premises at ........................ .

The maximum quantity of methylated spirits authorised to be sold or stored for sale is
..................... litres in total during the period of validity.

This licence expires on 31 December, 20......

.................................

Licensing Officer
Fee paid: ...........................

Methylated Spirits Act 2001 Schedule





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Form 4

(Section 8)

METHYLATED SPIRITS (PURCHASE & SALE) REGISTER

Date Quantity of
methylated
spirits
purchased

Name and
address of
person from
whom
methylated
spirits
purchased

Quantity of
methylated
spirits sold

Name and
address of
person to
whom
methylated
spirits sold

Price Signature of
person to
whom
methylated
spirits sold.
Time &
Date

Signature
of person
selling.
Time and
Date.











































































































































































Passed in the Legislative Assembly this 9 day of September, 2001.

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