Distillation Act 1901

Administered by Department of the Treasury

Legislation au C1901A00008 Not in force Act

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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[Note: This Act was repealed by Act No. 74 of 2006 on 1 July 2006]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.

Legal classification tags

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

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.