No. VIII.
An Act to explain and amend the Laws relating to Distillers and Rectifiers in the Colony of New South Wales. [22nd November, 1843.]
| WH E R E A S an A c t | N e w South W a l e s was passed in t h e t h i r d year of t h e re ign of |
| of t h e | Governor | and Legis la t ive | Counci l | of |
| H e r present Majesty in t i tu led " An Act | to consolidate | and | amend | the |
| " Laws for the Distillation | of Spirits in the Colony of New South |
| " Wales and for the issue of Licenses for distilling rectifying | and |
" compounding Spirits therein and for repealing certain Laws relating " thereto " and whereas i t is expedient t o declare in some respects t he t r u e i n t en t a n d mean ing of t h e said A c t and in o ther respects t o amend
| t h e same | Be i t therefore declared and enacted by H i s Excel lency t h e |
| Governor of N e w Sou th W a l e s w i th | t h e advice and consent of t h e |
Legis la t ive Council thereof T h a t i t shal l no t he lawful for any person ho ld ing only a l icense to rectify or compound spir i ts to use in t he process of rectifying such spir i ts any ma te r i a l whatsoever which m a y
| add to t he q u a n t i t y of alcohol conta ined in t h e spiri ts t o | be | rectified. |
2. A n d be i t declared a n d enacted Tha t any person hold ing only a l icense t o rectify or compound spir i ts who m a y in t h e process of rectification m a k e use of any wine wor t wash or o ther l iquor or ma te r i a l from w h i c h alcohol m a y be produced other t h a n spir i ts on wh ich d u t y has been pa id shal l be l iable to t he full pena l ty or penal t ies t o wh ich persons are by t h e said Ac t subjected who m a y be engaged in illicit dist i l lat ion no twi th s t and ing t h a t t h e du ty on t h e impor t a t i on of any such wine wor t wash or o ther l iquor or ma te r i a l m a y have been duly paid.
| 3 . A n d whereas i t is necessary to m a k e fur ther | provision | for |
t h e protec t ion of t h e R e v e n u e Be i t enacted T h a t if any rectifier or compounder of spiri ts shall have in his he r or the i r possession and on t h e premises where in t h e business of rectifying or compound ing is carr ied on any wine wor t wash or o the r l iquor or mate r ia l p repared for or fit for t he purpose or capable of be ing disti l led in to low wines or spir i ts or shal l have in his her or the i r possession any spiri t on which d u t y has not been pa id shal l in addi t ion to every o ther pena l ty or forfeiture to which he or she m a y be liable u n d e r any law in force in t h e Colony forfeit and pay t h e sum of five h u n d r e d pounds a n d tha t all such wine wash wor t or other mater ia l s so found con t ra ry to law m a y be seized by any Officer of Cus toms Inspec to r of Dist i l leries or officer duly appointed by t h e said Governor to m a k e seizures unde r
| t h e aforesaid Ac t passed in t h e th i rd year of H e r Majes ty ' s | reign. |
| 4. A n d be i t enacted | Tha t | all cellars vau l t s | ou tbu i ld ings | or |
warehouses occupied by any rectifier or compounder of spir i ts shall be deemed a n d t aken to be premises occupied by h i m wi th in t h e mean ing of th i s A c t unless such cellars vau l t s ou tbui ld ings or warehouses shall be separa ted from the premises in which any still be longing to such rectifier or compounder is erected b y a wall of br ick or s tone at least t e n feet h i g h hav ing no door ga teway or o ther en t rance in or passage
5. A n d be i t enacted Tha t t h e still or stills of any rectifier or compounder of spir i ts shall be erected in some conspicuous p a r t of the premises to be approved of by t h e Chief Inspec to r of Distil leries where in i t is in tended to ca r ry on t h e aforesaid business and shall be detached from all s tores or o ther bui ldings .
6. A n d be i t enacted T h a t it shal l no t be lawful for any recti
fier or compounder of spir i ts to charge his sti l l or to commence the
rect ifying or compound ing of spiri ts w i t h o u t first giving not ice to an
| Inspec tor of Dist i l ler ies e i ther personal ly or a t his u sua l place of |
abode of his in ten t ion so to do and such notice shall be given in writ i ng a t least twelve h o u r s before such rectifier or compounder shall charge his still a n d shal l conta in full pa r t i cu la r s of w h a t quan t i t y or
| descript ion of | spir i ts i t is h is in ten t ion to | rectify | u n d e r | a pena l ty of |
7. A n d whereas doubts have been raised as to t he power of the Governor of t h e said Colony to refuse a license to a rectifier or distiller and it is expedient to remove such doubts Be i t hereby declared and enacted T h a t i t shall be lawful for t h e Governor or person adminis te r i ng t h e Governmen t of t he Colony of New Sou th Wales to refuse or wi thho ld or cause to be refused or wi thhe ld for t h e space of twelve m o n t h s from and after t he pass ing of th i s Act t he issue of a l icense to any person or persons who m a y apply for such license for t h e purpose of commenc ing the business of a distil ler rectifier or compounder of spir i ts in t h e said Colony.
8. A n d be i t enacted Tha t no person licensed or hav ing beer
l icensed to distil rectify or compound spiri ts shall be capable of obta in-
ing t h e renewal of any such license for t h r ee years after such person
shal l
| shal l have been convicted of any offence aga ins t t h e | said reci ted | A c t |
| or aga ins t | any o ther Act | r e l a t ing to t h e R e v e n u e of t h e said | Colony. |
| 9. A n d be i t enac ted Tha t no person w ho shal l have been con victed of any offence aga ins t t he said reci ted A c t or | aga ins t any | A c t |
| r e l a t ing to t h e Revenue of t he said Colony shal l | be | capable | du r ing |
| th ree years after such convict ion of ho ld ing a l icense to disti l | rectify |
| or compound | spir i ts . |
| 10 . A n d be i t enacted T h a t from a n d | after | t he pass ing | of th i s |
Ac t no l icense shall be g ran ted or renewed to any person or persons for rect ifying and compound ing spir i ts un t i l t he person or persons app ly ing for t he same toge ther wi th two sufficient suret ies shal l en te r i n to a recognizance before t h e Colonial Treasure r or o the r person appo in ted by t h e Governor for t h a t purpose payable to H e r Majesty in t h e s u m of th ree h u n d r e d pounds condi t ioned for t h e due and faith ful observance of all t h e laws in force in t h e Colony in respect to the rectifying or compound ing of spir i ts .
| 1 1 . A n d be i t enacted T h a t no licensed rectifier or | compounder |
| of spir i ts shal l have a n y sti l l fitted w i t h | a wash w a r m e r | or a | double |
| w o r m | unde r | a pena l ty | of one | h u n d r e d | pounds . |
12. A n d be i t enacted Tha t all penal t ies and forfeitures imposed
by th is A c t m a y be recovered and appl ied in l ike m a n n e r as is provided
| w i t h respect to penal t ies by t h e said | reci ted | Ac t . |