Distillation Act 1901
Act No. 8 of 1901 as amended
[Note: This Act was repealed by Act No. 74 of 2006 on 1 July 2006]
This compilation was prepared on 8 September 2003
taking into account amendments up to Act No. 107 of 2002
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part I—Introductory
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 General administration of Act
4 Act to apply
5 Ordinary course of distillation
6 Interpretation
8 Incorporation of provisions of the Excise Act
9 Parts IV and V apply to spirit makers only
9A Application of the Criminal Code
Part II—Stills
10 Making, selling or importing stills
11 Use of stills for purposes other than the distillation of spirits
11A Stills of a capacity not exceeding 5 litres
Part III—Licences
12 Distillation of spirits
13 Descriptions of licences
16 Licence fees
17 Applications
18 Applicant to pay licence fee and give security
19 Form of security
20 Collector to grant licence
21 Period of licences
22 Renewal of licences
23 Fresh security
24 Transfer and cancellation
Part IV—Regulation of distilleries
30 Facilities to officers
33 No other trade to be carried on upon the premises
34 Distillation only on licensed premises
36 No alteration to be made in premises without permission
37 Methylation
38 Responsibility of distillers
Part V—Removal of spirits, and computation and payment of duty
47 Obscuration
50 Deficiencies
51 Loss during distillation
Part VI—Vignerons
54 Distilling from and fortifying
57 Control of spirits
Part VIA—Fortification of Australian wines
57A Application of Part
57B Interpretation
58 Strength of spirits for fortifying
59 Maximum strength of wine
Part VII—Powers of officers
Division 1—Preliminary
59A Law relating to legal professional privilege not affected
Division 2—General regulatory powers
60 Access to distilleries and books
62 Vessels to be emptied and cleaned
63 Samples
69 Power to lock
Division 3—Miscellaneous
70 Official stills
71 Power to purchase samples
Part VIII—Penal provisions
73 Forfeiture
73A Unlawful possession of still
74 Offences as to illicit stills
77A Removal of spirits when licence ceases to be in force
Part IX—Miscellaneous
82 Removal of spirits on cancellation etc. of licence
82A Sale by Collector of removed spirits etc.
82B Review of decisions
83 Regulations
Schedules
Schedule 1—Table of fees for licences to distil
Notes
An Act relating to Distillation
Part I—Introductory
1 Short title [see Note 1]
This Act may be cited as the Distillation Act 1901.
2 Commencement [see Note 1]
This Act shall commence on a day to be fixed by Proclamation.
3 General administration of Act
The CEO has the general administration of this Act.
4 Act to apply
This Act shall apply to the distillation…
Overview
The Distillation Act 1901, enacted by the Australian Parliament, was introduced to regulate the distillation of spirits, ensuring compliance with excise duties and preventing illicit activities. The Act outlines the legal framework for the manufacture, distillation, and sale of spirits, including the licensing requirements for distillers and vignerons, and the penalties for non-compliance. It also incorporates provisions from the Excise Act 1901, thereby streamlining the regulatory process and ensuring consistency in the application of excise laws. The primary objective of the Act is to maintain control over the distillation process, enforce duty payments, and prevent the illegal production and distribution of spirits.
Scope and Application
The Distillation Act 1901, as amended, regulates the distillation of spirits and the associated processes and entities in Australia. This legislation applies to the distillation of spirits on which excise duty is imposed by the Parliament, covering distillers, vignerons, experimenters, and other related entities and activities. It applies across Australia, given its federal nature, and was in force until repealed on 1 July 2006. The Act extends its application through subordinate instruments, such as regulations, which are permitted under section 83 and may be necessary or convenient for giving effect to the Act. The Act includes provisions for licensing distillers, regulating the use and transportation of stills and spirits, and setting penalties for non-compliance. Certain exclusions apply, such as for stills with a capacity not exceeding 5 litres, as specified in section 11A. The Act also incorporates provisions from the Excise Act 1901, subject to consistency, and applies the principles of the Criminal Code to offences against this Act.
Key Provisions
- The Distillation Act 1901 (Cth) regulates the distillation of spirits and related activities. Section 12 mandates that distillation of spirits can only occur with a licence under the Act. Section 13 details the types of licences available, including spirit makers' licences, vignerons' licences, and experimenters' licences. The Act imposes various obligations on licensed distillers and vignerons, such as providing facilities to officers (section 30), ensuring no other trade is conducted on distillery premises (section 33), and adhering to strict distillation processes (section 34). Distillers are also responsible for the safe custody of materials and spirits (section 38). Violations of the Act may result in criminal penalties. For instance, using an illicit still (section 74) or possessing illicit spirits (section 74(1)) carries a penalty of 50 penalty units each, as defined in section 4AA of the Crimes Act 1914. Furthermore, forfeiture of illicit stills, spirits, and related materials is stipulated in section 73. The Act also outlines specific offences and penalties, such as the unlawful possession of stills (section 73A) and the removal of spirits when a licence ceases to be in force (section 77A), both of which attract a penalty of 50 penalty units. Additionally, section 82B allows for the review of certain decisions made under the Act.
- Area of Law
- Commercial Law
- Taxation Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licence Fees
- Reporting & Disclosure Obligations
- Enforcement Powers
- Penal Provisions
- Compliance Obligations
- Regulatory Standards