Beer Excise Act 1901 (Cth)
BEER EXCISE.
An Act relating to Excise on Beer.
[Assented to 5th October, 1901.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:—
Part I.—Introductory.
* Proclaimed to commence 7th October, 1901. See
Gazette , 5th October, 1901.
Part I.— Introductory.
Part II.— Licensing of Brewers.
Part III.—Excise Supervision, Brewers’ Books, and Regulation of Breweries generally.
Part IV.—Duty Stamps, Computation and Payment of Duty and Refunds.
Part V.— Removal of Beer from Breweries.
Part VI.—Powers of Officers.
Part VII.—Miscellaneous.
“Beer” means any liquor upon which under the name of beer any excise duty imposed by the Parliament is payable.
“Brewer” means a person licensed to make beer pursuant to this Act.
“Collector” means the Collector of Customs for a State.
“Licence” means a licence under this Act to make beer.
“Licensed Brewery” means the premises on which a brewer is licensed to make beer, and includes all adjacent premises used in connexion therewith or with the business of the brewer.
“Officer” means an Officer of Customs.
“Prescribed” means prescribed by this Act.
“Quarts or Pints” means quart or pint bottles, and includes bottles reputed to contain quarts or pints.
“Stamp” means a beer duty stamp.
“This Act” includes the regulations made under this Act.
“Vessels” means vessels of the following descriptions and holding capacities:—
Hogshead of a capacity of not more than fifty-four gallons nor less than fifty gallons.
Barrel of a capacity of not more than thirty-six gallons nor less than thirty-three gallons.
Half-hogshead of a capacity of not more than twenty-seven gallons nor less than twenty-five gallons.
Kilderkin of a capacity of not more than eighteen gallons nor less than seventeen gallons.
Keg of a capacity of fifteen gallons or of ten gallons-or of nine gallons or of five gallons.
Vessels of a capacity of two gallons.
Part II.—Licensing of Brewers.
Penalty: One hundred pounds.
(
a )Make beer at any place other than his licensed brewery.(
b ) Sell wine or spirits in his brewery or except by permission of the Collector at any place within fifty yards thereof.Penalty: One hundred pounds.
Part III.—Excise Supervision, Brewers’ Books, and Regulation of Breweries generally.
Penalty: Twenty pounds.
Penalty: Twenty pounds.
Penalty: Fifty pounds.
Part IV.—Duty Stamps, Computation and Payment of Duty and Refunds.
Hogsheads—fifty gallons.
Barrels—thirty-three gallons.
Half-hogsheads—twenty-five gallons.
Kilderkins-—seventeen gallons.
In all other cases the dutiable contents shall be taken to be the full holding capacity of the vessels or bottles, but reputed contents when more than the actual contents shall be taken to be the dutiable contents, unless a contrary intention clearly appears in the Act imposing the excise.
Penalty: One hundred pounds.
(i.) Transfer beer in vessels from one brewery to another, both breweries being occupied and carried on by him;
(ii.) Transfer beer in vessels or bottles from his brewery to a delivery store used by him in connexion with his brewery, and approved by the Collector;
and duty shall be paid on the beer so transferred before it is removed from the brewery or delivery store to which it was transferred, and no transfer of beer under this section shall be deemed a removal, and every delivery store shall be deemed part of the brewery in connexion with which it is used. No brewer shall have more than one delivery store in connexion with any brewery.
Penalty: One hundred pounds.
Penalty: One hundred pounds.
(
a ) As to beer in vessels—on the head of the vessel or as may be prescribed.(
b ) As to beer in loose bottles or in bottles in baskets—on the face of the cart-note, so that in separating the cart-note from its butt the stamp will be halved as nearly as practicable.(
c ) As to bottled beer packed in cases—on the outside of the case.
Penalty: Fifty pounds.
Penalty: Fifty pounds.
Part V.—Removal of Beer from Breweries.
Penalty: One hundred pounds.
Penalty: One hundred pounds.
(
a )It is accompanied by a cart-note in the form prescribed.
Nor unless it is—
(
b ) In vessels; or(
c ) In quarts or pints.
Penalty: Fifty pounds.
(
a ) The name of the brewer or brewery and the place where the beer was made is marked on each vessel or case: and(
b ) a distinctive number is marked on each vessel.
Penalty: Fifty pounds.
Penalty: Fifty pounds.
Penalty: Fifty pounds.
Part VI.—Powers of Officers.
Penalty: Twenty pounds.
Penalty: Fifty pounds.
Penalty: Ten pounds.
Penalty: Five pounds.
Part VII.—Miscellaneous.
Penalty: Fifty pounds.
Penalty: Twenty pounds.
Penalty: Twenty pounds.
(
a ) makes, sells, uses, or has in his possession any counterfeit stamp; or(
b )makes, sells, uses, or has in his possession, any die for printing or making stamps;
shall be guilty of an indictable offence and liable to imprisonment, with or without hard labour for any term not exceeding five years.
Penalty: One hundred pounds.
(i.) Be published in the
Gazette;
(ii.) Take effect from the date of publication or from a later date to be specified in such regulations; and
(iii.) Be laid before both Houses of the Parliament within thirty days after publication if Parliament is in session and if not then within thirty days after the commencement of the next session;
but if either House of the Parliament passes a resolution at any time within fifteen sitting days after such regulations have been laid before Parliament disallowing any regulation such regulation shall thereupon cease to have effect.
Section 12. SCHEDULES.
THE FIRST SCHEDULE.
To the Collector of Customs,
State of
Date , 19 .
Take notice that of , in the State of intend, under the name or style of , to carry on the business of making beer in the building owned by , situated in street, in , in
Name of every person carrying on the business with place of residence.........................................
Name of brewery..........................................
Description of all buildings on the brewery premises, and description of wall, fence, or other outside boundary of premises.........................................
Number of wort boilers backs and other permanent vessels, and capacity of each............................
Manner of boiling wort, whet her by direct action of fire or by steam.............................................
Estimated number of gallons of beer which brewery is capable of making per month...............
I, of , declare that the foregoing notice is true in every particular.
Signature of Declarant.
Declared before me this day of , 19 .
Justice of the Peace or Officer.
N.B.—This is to be accompanied with the annual fee of £25. And, if required by the Collector, plans of brewery and sectional elevation drawings showing every vessel and the position and capacity in gallons of every vessel used in the brewery must be supplied.
THE SECOND SCHEDULE.
The
A
B. of [
Given under my hand, at , this day of 19
Collector of Customs for the State of
_____.
THE THIRD SCHEDULE.
The
Regulations.
The Brewer’s Diary.
The Brewer’s Delivery Book.
The Brewer’s Monthly Account.
The Cart-note Book.
Daily Entries at Brewery.
Section
Date. | Quantities of Material received into the Brewery. | Quantities of Material sold and used. | Estimated quantity in gals. of Beer made. | Beer Bottled. | Quantity of Beer removed in — | Total quantity in gals. of Beer removed in— | Value of Stamps Purchased. | Value of Stamps Used. | |||||||||||||||||||||
__ | Sugar. | Malt. | Hops. | Other Material. | Sugar. | Malt. | Hops. | Other Material. | Gallons. | Dozen Quarts. | Dozen Quarts. | Dozen Pints. | Hogsheads. | Barrels. | Half-hogsheads. | Kilderkin s. | 15-gallon kegs. | 10-gallon kegs. | 9-gallon kegs. | 5-gallon kegs. | 2-gallon vessels. | Botties. Dozens. | Vessels. | Bottles. | £ s. d. | £ s. d. | |||
Quarts. | Pints. | ||||||||||||||||||||||||||||
Balances brought forward | cwt. | bush. | lbs. | cwt. | bush. | lbs. | |||||||||||||||||||||||
| |||||||||||||||||||||||||||||
Deduct:— From materials the quantities used and sold From beer made the quantities bottled and bulk beer removed Bottled beer, the quantity removed Stamps, the value used........................... | |||||||||||||||||||||||||||||
Deduct: — Bulk beer wasted....... Bottled beer wasted and breakages | |||||||||||||||||||||||||||||
Balance carried forward | |||||||||||||||||||||||||||||
I declare that the foregoing entries relating to the month of One thousand nine hundred and were made by me, and that they are true in every particular; and further that I have no knowledge of any matter or thing required by law to be stated in such entries which has been omitted therefrom. (Signature of person who made the entries.) Declared before me at this day of 19 J.P., or Officer. | I declare that to the best of my knowledge and belief the foregoing entries fully set forth all the matters required by law, and that the same is true in the several particulars thereof. (Signature of Brewer.) Declared before me at this day of 19 . J.P., or Officer. | ||||||||||||||||||||||||||||
Brewer’s Delivery Book.
Brewery.
Date. | No. of Vessel. | Bulk Beer. | Person to whom delivered. | Address. | Date. | Bottled Beer delivered. | Person to whom delivered. | Address. | ||||||||||||
Description of Vessel. | Contents in gallons. | |||||||||||||||||||
Hhd. | Brl. | Half-Hhd | Kil. | gal. 15. | gal. 10. | gal. 9. | gal. 5. | gal. 2. | doz. Quarts. | doz. Pints. | ||||||||||
I declare that the foregoing entries relating to the month of , One thousand nine hundred and , were made by “me, and that they are true in every particular; and further that I have no knowledge of any matter or thing required by law to be stated in such entries which has been omitted therefrom. (Signature of the person who made the entries.) Declared before me at this day of 19 .
| I declare that to the best of my knowledge and belief the foregoing entries fully set forth all the matters required by law, and that the same is true in every particular thereof. (Signature of Brewer.) Declared before me at this day of 19 .
| |||||||||||||||||||
Brewer’s Monthly Account.
Particulars. | Gallons. | |
| ||
Deduct.....................................................................................................
| ||
Balance on hand on evening of last day of month | ||
— | Sugar. | Malt. | Hops. | Other Material. | Stamps. | |||||
Received during the month | cwts. qrs. lbs. | cwts. qrs. lbs. | bus. | bus. | lbs. | lbs. | £ | £ | ||
Used during the month Sold during the month | ||||||||||
| ||||||||||
Bottled (Dozens). | In Stamped Vessels. | ||||||||||
Quarts. | Pints. | Hhds. | Brls. | Hlf. Hhds. | Kil. | 15 gal. keg. | 10 gal. keg. | 9 gal. keg. | 5 gal. keg. | 2 gal. vessel. | |
1 2
Doz. Quarts. | Doz. Pints. |
| |
| |
| |
|
Total Value. |
I hereby declare that the beforementioned
particulars were taken from the books kept as required by the provisions of the
Signature
From Brewery.
[Butt (duplicate of delivery note.)] | Date. | No. of Vessel. | Description of Vessel and number and kind of Bottles. | Contents in Gallons. | Person to whom Delivered or Sent. | Address. | Remarks. |
The
Summary of Quantities of beer unfit for human consumption as a beverage in respect of which a refund of duty is claimed:—
Vessel sent out from brewery. | Date of delivery from brewery. | Date when returned to the brewery or destroyed. | Name of customer who received beer. | Address of customer. | No. of page in ledger showing customer has been credited with amount of refund. | ||
Kind. | Number. | Contents Gallons. | |||||
I declare that the above details are true in every particular, that an amount equal to the duty on the quantity of returned or destroyed beer set opposite each customer’s name has been refunded to such customer or will be refunded upon first settlement or part settlement of account by such customer.
Signature of Declarant
Declared at before me this 19 .
J.P.
or Officer.
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