Distillation Regulations (Amendment) (Cth)

 

STATUTORY RULES.

1954. No..

REGULATIONS UNDER THE DISTILLATION ACT 1901–1952.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Distillation Act 1901–1952.

Dated this twenty-sixth

day of Octoner , 1954.

W. J. Slim

Governor-General

By His Excellency's Command,

Amendments of the Distillation Regulations.

1. Regulation 11 of the Distillation Regulations is repealed.

2. Regulation 12 of the Distillation Regulations is amended by omitting the words “ mash or ”.

3. Regulation 18 of the Distillation Regulations is amended by omitting the words “ forty-eight ” and inserting in their stead the words “ twenty-four ”.

4. Regulations 14 to 24 (inclusive) of the Distillation Regulations are repealed.

5. After regulation 25 of the Distillation Regulations the following regulation is inserted :—

“ 25a. Before removing wash to a still—

(a) the distiller shall give not less than twenty-four hours’ notice specifying the quantity of wash, intended to be removed ; and

(b) an officer shall take a sample of the wash for the purpose of ascertaining its alcoholic strength.”.

6. Regulation 31 of the Distillation Regulations is amended by omitting the words “ forty-eight ” and inserting in their stead the words “ twenty-four ”.

7. Regulation 41 of the Distillation Regulations is amended by omitting the words “ the whole contents of the receiver must be forthwith removed ” and inserting in their stead the words “ the contents of the receiver may be removed ”.

* Notified in the Commonwealth Gazette on  , 1954.

  Statutory Rules 1926, No. 206, as amended by Statutory Rules 1927, No. 91 ; 1920, No. 105 ; 1934, No. 71 ; 1940, No. 281 ; 1946, Nos. 34, 76 and 123 ; 1947, Nos. 26, 84 and 141 ; 1948, No. 96 ; 1949, No. 97 ; 1951, Nos. 80 and 105 ; 1952, No. 98 ; and 1954, No. 23.

3565.—Price 3d. 15/27.9.1054.

8. Regulation 42 of the Distillation Regulations is amended by omitting the words “ the whole of the contents have been removed therefrom and the fastenings again secured ” and inserting in their stead the words “ the fastenings have been secured again ”.

9. Regulation 44 of the Distillation Regulations is repealed and the following regulation inserted in its stead :—

“ 44.—(1.) The Collector may, upon application in writing by a distiller, permit the distiller to re-distil spirits which are in his distillery.

“ (2.) If the spirits to be re-distilled are low wines or feints, they may be mixed in the still house with wine, wash, low wines or feints produced, from the same kind of material.

“ (3.) If the spirits to be re-distilled are not low wines or feints, they shall not be mixed with wine, wash, low wines or feints or imported spirits, but feints arising from the re-distillation may be mixed with feints produced from the same kind of material when the re-distillation has been completed and an account has been taken of the spirits and feints produced.

“ (4.) If the loss on re-distillation is in excess of two and one-half per centum of the quantity of spirits re-distilled, the distiller shall, unless the loss is accounted for to the satisfaction of the Collector, pay to the Collector a sum equal to the duty that would have been payable on the quantity of spirits constituting the loss in excess of that percentage, if it had been entered for home consumption.”.

10. After regulation 47 of the Distillation Regulations the following regulation is inserted under the heading “ The Spirit Store ”:—

“ 47a. For the purposes of regulations 48 to 77 (inclusive) of these Regulations, ‘ cask ’ includes drum and any other vessel approved by the Collector.”.

11. Regulation 54 of the Distillation Regulations is amended by omitting the words “ casks, cases, or vessels ” (wherever occurring) and inserting in their stead the words “ casks or cases ”.

12. After regulation 61 of the Distillation Regulations the following regulation is inserted:—

“ 61a..—(.1.) The Collector may, on the application of a distiller, grant permission for the removal of fortified Australian wine from a wine manufacturing warehouse to the distiller’s spirit store for the purpose of flavouring whisky, brandy or rum.

“ (2.) The distiller shall, at the time of the application, submit for the Collector’s approval a sample of the wine intended to be used as flavouring.

“ (3.) Where the Collector grants permission for the removal of fortified Australian wine under sub-regulation (1.) of this regulation, the distiller shall forthwith cause that wine to be convoyed to his spirit store in a carriage licensed under the Customs Act 1901–1953 or under the direct supervision of an officer.

“ (4.) Fortified Australian wine removed under this regulation shall remain subject to the control of the Customs.

“ (5.) The addition of the flavouring referred to in sub-regulation (1.) of this regulation shall be carried out in the spirit store in the presence of an officer.”.

13. Regulation 68 of the Distillation Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (2.) The label on a bottle or flask shall also bear the words ‘ Produce of Australia ’ or ‘ Made in Australia ’ or other words, approved by the Collector, indicating that the spirits have been distilled in Australia.”.

14. Regulation 69 of the Distillation Regulations is amended by omitting the word “ bottles ” and inserting in its stead the words “ bottle or flask ”.

15. Regulation 73 of the Distillation Regulations is amended by omitting the words “ All casks when filled with spirits, and all cases containing bottles or flasks filled with spirits ” and inserting in. their stead the words “ All casks and other vessels when filled with spirits ”.

16. Regulation 76 of the Distillation Regulations is amended—

(a) by omitting the words “, making an allowance of three per centum on the stock of spirits on hand at the last monthly balance, and. on. the spirits received into the spirit store during the month ” ; and

(b) by omitting the words “ in excess of the specified allowance ”.

17. After regulation 77 of the Distillation Regulations the following regulation is inserted under the heading “ The Spirit Warehouse ”:—

“ 77a. For the purposes of regulations 78 to 92 (inclusive) of these Regulations, ‘ cask ’ includes drum and any other vessel approved by the Collector.”.

18. Regulation 109 of the Distillation Regulations is repealed and the following regulation inserted in its stead :—

“ 109.—(1.) A. person to whom a vigneron’s licence has been granted shall give to the Collector at least twenty-four hours’ notice in writing of his intention to mix spirits with wine.

“ (2.) The notice shall state the day and hour when the officer will be required and the quantity of spirit required for fortifying purposes.

“ (3.) A person, shall be deemed to have complied with this regulation if he has, not less than twenty-four hours before mixing the spirits with wine, made application to use spirits for fortifying wine in accordance with regulation 86 of the Excise Regulations.”.

19. Regulation 110 of the Distillation Regulations is amended by omitting the words “, the quantity required ” and inserting in their stead the words “ or for removal to the vigneron’s wine manufacturing warehouse, the quantity to be taken out ”.

20. Regulations 117 to 124 (inclusive) of the Distillation Regulations are repealed.

21. Form 7 in the Schedule to the Distillation Regulations is repealed and the following Form inserted in its stead :—

Reg. 6. Form 7.

Commonwealth of Australia.

Distillation Act 1901–19 .

NOTICE BOOK.

Spirit Maker’s General Licence. Distillery.

Date and Hour of giving Notice.

Miterial.

Notice to Distil Wine or Beer.

Signature of Distiller or his Servant.

Bushels.

Cwt.

Date.

Hour.

Malted Barley.

Barley.

Oats.

Wheat.

Malted Wheat.

Rye.

Maize.

Molasses.

Sugar.

Potatoes.

No. of Charge.

Gallons of Wine.

Gallons of Beer.

Strength.

22. Form 11 in the Schedule to the Distillation Regulations is amended by omitting the word “ (Distiller) ” and inserting in its stead the words “ (Distiller or Owner) ”.

23. Form 10 in the Schedule to the Distillation Regulations is repealed.

24. Table 13 in the Schedule to the Distillation Regulations is repealed.

Printed for the Government of the Commonwealth by A. J. Arthur

at the Government Printing Office, Canberra.