No. XIII.
An Act to authorize and regulate for a limited t ime the warehousing under bond and the exportation free of duty of Spirits distilled within the Colony of New South Wales. [30th October, 1846.]
| WH E R E A S by an A c t of t h e Governor and Legislat ive Counci l of | N e w South Wales passed in t h e n i n t h year of t h e re ign of | H e r |
| presen t Majesty in t i tu led " An Act to amend | the Acts | now in | force |
| " respecting | the distillation | of Spirits and more effectually | to | prevent |
| " illicit | distillation | " t he produc t ion of t he certificate of t h e Colonial |
Treasurer of t he said Colony t h a t t h e du ty imposed by law on the Spir i ts in tended to be removed from t h e regis tered stores in t h e said Ac t referred to h a d been paid is requi red to au thor ize t he Inspec tor of Dis ti l leries or o ther officer appointed in t h a t behalf to permi t of t he removal of such spir i ts from such stores A n d whereas i t is expedient to pe rmi t of t h e warehous ing unde r bond and t h e expor ta t ion of Spir i ts distilled in t h e said Colony wi thou t such p a y m e n t of du ty Be i t the re fore enacted by H i s Excel lency the Governor of N e w South Wales w i t h t h e advice and consent of t h e Legis la t ive Council thereof Tha t from and after t h e pass ing of th i s A c t i t shal l be lawful to remove from any regis tered store referred to in t h e said reci ted A c t spir i ts disti l led in t h e said Colony a n d to warehouse t h e same in any warehouse appointed by t h e Collecter of Cus toms for t h a t purpose in t h e City of Sydney wi thou t t h e p a y m e n t of any du ty on the first en t ry thereof in t h e m a n n e r
| a n d u p o n the fulfilment | of t h e condit ions | a n d | regula t ions | hereinafter |
| men t ioned | any provision in t h e said reci ted Act to t h e con t ra ry | no twi th |
| s tanding . |
| 2. A n d be i t enacted Tha t | u p o n the delivery | of the | w a r r a n t |
hereinafter ment ioned to t h e Inspec to r of Disti l leries or o ther officer in charge of any such registered store such Inspec tor or other officer shal l deliver t h e spir i ts the re in described to the officer appointed to convey the same to t he bonded warehouse together w i th a pe rmi t specifying t h e quan t i t y and s t r eng th of t h e said spirits and the t ime du r ing which such pe rmi t shal l r emain in force which in no case shall exceed three
3. A n d be i t enacted Tha t i t shal l be lawful for the Collector of Cus toms to appoin t any of the bond ing warehouses now or hereafter unde r his supervis ion for t he purpose of lodging unde r bond t h e said spir i ts provided t h e said warehouse will admi t of ent i re ly separate s toreage for t he same.
| 4. A n d be i t enacted Tha t in every case where spir i ts | distilled |
in t h e Colony and deposited in any such regis tered store are wan ted to be removed to such bond ing warehouse an en t ry of t h e same in t h e usua l and proper form for warehous ing goods unde r bond shal l be duly passed at t h e Cus tom H o u s e and the person en te r ing t h e same shall give securi ty by bond in double t h e a m o u n t of d u t y wh ich would be payable thereon if t a k e n out of t h e said regis tered store for home con sumpt ion wi th one sufficient surety to be approved of by t h e Collector of Cus toms t h a t t h e said spiri ts shall be duly warehoused to t h e satisfac t ion of t he said Collector of Customs and the reupon t h e said Collector of Cus toms shall g ran t a w a r r a n t for t h e removal of such spir i ts from the said regis tered store of t he distillery to t h e bonding warehouse named in t h e w a r r a n t and t h e officer in charge of such bonding warehouse on receiving such spir i ts shal l give a receipt for t he same to the Inspec tor of Dist i l leries and t h e said spir i ts shal l be re -gauged by t h e proper officer a t the same t i m e and all deficiencies as well as t h e a m o u n t of duties which would have been payable the reon if entered for home con sumpt ion if any shall be m a d e good b y t h e licensed distiller and after such spir i ts have been so deposited in such bond ing warehouse and re- gauged as aforesaid they shall be subject to the same rules and regu la t ions in respect to re -gauging and leakage as impor ted spir i ts are when in bond.
5. A n d be it enacted Tha t spir i ts distilled in t he Colony so warehoused be ing first duly entered a t t he Cus tom House may be delivered unde r t h e au thor i ty of t h e Collector of Customs wi thou t p a y m e n t of du ty for t h e purpose of removal to any por t wi th in t h e boundar ies of t h e said Colony unde r bond to t h e satisfac t ion of t h e said Collector of Customs for t h e due ar r iva l of such goods a t such por t a n d for t h e p a y m e n t of t h e du ty payable thereon before be ing landed to t h e officer appoin ted to receive t h e same.
| 6. A n d be i t enacted Tha t i t shall and may be lawful t o expor t spir i ts distilled in t h e Colony to pa r t s beyond | the seas wi thou t pay |
| 7. A n d be i t enacted T h a t before any | spir i ts | distilled in t h e |
| Colony and deposited in any such bonding warehouse shall be expor ted |
| to places beyond t h e boundar ies of t h e Colony wi thou t paymen t | of |
| d u t y t he person expor t ing | the | same | shall pass a n en t ry ou twards in |
t h e usua l m a n n e r a n d shall enter in to bond in double t h e a m o u n t of t he du ty which would be payable the reon if en te red for home con sumpt ion wi th one sufficient sure ty to be approved of by the Collector of Cus toms tha t t h e same shall be landed a t t he place for which they shal l be en te red ou twards or be otherwise accounted for to t h e satisfaction of t h e said Collector of Cus toms .
8. A n d be i t enacted T h a t in every case where spir i ts distilled in t h e Colony and deposited in any such bond ing warehouse as afore said are wan ted for home consumpt ion the usua l bills of en t ry for t h e p a y m e n t of t he duty shall be passed at t h e Cus tom H o u s e one of which bills shal l be delivered to t h e Colonial Treasurer and the a m o u n t of du ty due thereon paid to h i m or to any other officer appointed by the Governor for t h a t purpose who shall g r a n t a receipt for t he same and upon t h e produc t ion of t h a t receipt to t he Collector of Customs he shall g r an t a w a r r a n t for t he delivery of t h e spir i ts in t h e same m a n n e r and form as is provided in t he case of impor ted spir i ts t o be delivered from t h e warehouse .
| 9. A n d be i t | enacted | T h a t | from | a n d after t h e pass ing of | th i s |
| A c t i t shal l be lawful for | any distil ler t o | add any colouring m a t t e r t o |
| t h e | spir i ts m a d e by h i m | whi ls t | such spir i ts a re | in t h e va t s of | the |
| regis tered store | a n y t h i n g conta ined in t he for ty-eighth | section | of | t h e |
| here in first | recited Ac t to t h e con t ra ry | no twi ths tand ing . |
| 10. | A n d be i t enac ted | Tha t wi th in one m o n t h after t h e | th i r ty - |
first day of December in each year after t h e pass ing of t h i s Ac t r e t u r n s shall be m a d e u p a n d publ ished in t h e New South Wales Government Gazette of all Colonial distilled spir i ts received in to t h e bond ing warehouses du r ing the preceding year of all Colonial distilled spir i ts cleared bo th for home consumpt ion and for expor ta t ion from the said warehouses for t h e same period and of all Colonial distilled
| spir i ts r ema in ing there in on t h e last day of t h e | year . |
| 1 1 . A n d be i t enacted | That th i s Act shall commence and | t ake |
effect from and after t h e pass ing thereof and shal l thenceforward con
t i nue in force for two years b u t no longer .