Distillation Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No. 154

REGULATIONS UNDER THE DISTILLATION ACT 1901–1968*

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 1901–1968.

Dated this  day of , 1969.

Governor-General.

By His Excellency’s Command,

Minister of State for Customs and Excise.

Amendments of the Distillation Regulations

1. These Regulations shall come into operation on the date fixed under subsection (2.) of section 2 of the Distillation Act (No. 2) 1968.

2. After regulation 1 of the Distillation Regulations the following regulation is inserted:—

“ 1a.—(1.) In these Regulations, ‘ the Act ’ means the Distillation Act 1901–1968.

“ (2.) In these Regulations—

(a) references to the bottling of spirits shall be read as references to the putting-up of spirits into a bottle, flask or can; and

(b) references to a bottle of spirits shall, unless the contrary intention appears, be read as references to a bottle, flask or can of spirits.”.

3. Regulations 5a, 9, 10 and 13 of the Distillation Regulations, and the heading immediately preceding regulation 5a of those Regulations, are repealed.

4. Regulation 30 of the Distillation Regulations is amended by omitting the words “ they are taken account of by an officer in the proper receiver ” and inserting in their stead the words “ the distiller has recorded the quantity of spirits produced ”.

5. Regulation 31 of the Distillation Regulations is repealed and the following regulation inserted in its stead:—

“ 31.—(1.) Where the Collector has directed a distiller to keep any records in respect of beer, wine or wash that is conveyed to a still, the distiller shall not convey any beer, wine or wash to a still—

(a) unless he has recorded those particulars; or

(b) unless the distiller, or an employee of the distiller, authorized by the distiller for the purpose, has signed his name opposite to or immediately under the entry of those particulars in the records of the distiller.

• Notified in the Commonwealth Gazette on 1969.

  Statutory Rules 1926, No. 206, as amended by Statutory Rules 1927, No. 91; 1929, 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; 1954, Nos. 23 and 108; 1955, No. 64;1956, No. 129; 1957, No. 14; 1960, No. 28; 1961, No. 62; 1962, No. 110; 1963, No. 148; 1965, No. 196; and 1966, Nos. 72 and 175.

19104/69—Price 8c 30/9.9.1969

“ (2.) An officer may direct a distiller not to convey beer, wine or wash to a still until the officer has assessed the quantity to be so conveyed.

“ (3.) A distiller shall comply with a direction given to him by an officer under the last preceding sub-regulation.”.

6.Regulations 40, 41, 42 and 43 of the Distillation Regulations are repealed and the following regulation is inserted in their stead:—

“ 40.—(1.) A Collector may, by instrument under his hand, grant a distiller permission to remove low wines, feints or spirits from a receiver.

“ (2.) The power conferred by the last preceding sub-regulation may be exercised by granting permission to remove low wines, feints or spirits from a receiver—

(a) at any time;

(b) on a specified occasion; or

(c) in circumstances included in a specified class of circumstances.

“ (3.) Without limiting the generality of the last preceding sub-regulation, a permission may authorize the removal of low wines, feints or spirits only if the distiller complies with specified conditions or restrictions.

“ (4.) A distiller shall not remove any low wines, feints or spirits from a receiver except in accordance with permission granted under this regulation that authorizes the removal.”.

7. Regulations 57, 58, 59 and 60 of the Distillation Regulations are repealed and the following regulation is inserted in their stead:—

“ 57.—(1.) Where a distiller removes imported spirits from a warehouse licensed under the Customs Act 1901–1968 to his spirits store for the purpose of flavouring spirits distilled by him, the Australian distilled spirits flavoured with the imported spirits shall not contain more than five per centum by volume of the imported spirits.

“ (2.) Where a distiller removes imported whisky from a warehouse licensed under the Customs Act 1901–1968 to his spirits store for the purpose of blending it with Australian distilled whisky, the blended spirits shall conform to the requirements of sub-paragraph (2) of paragraph (e) of item 2 of the Schedule to the Excise Tariff 1921–1969.

“ (3.) A distiller shall not flavour Australian distilled spirits with imported spirits unless he has furnished a sample of the imported spirits to the Collector.”.

8. Regulation 61 of the Distillation Regulations is amended by omitting the words “ customs warehouse ” and inserting in their stead the words “ warehouse licensed under the Customs Act 1901–1968 ”.

9. Regulation 61a of the Distillation Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “ warehouse licensed under the Customs Act 1901–1954 ” and inserting in their stead the words “ place declared to be an approved place under section 5a of the Excise Act 1901–1968 ”; and

(b) by omitting sub-regulations (3.) and (5.).

10. Regulation 67 of the Distillation Regulations is repealed and the following regulation inserted in its stead:—

“ 67. Where spirits that have been bottled in a distillery are not removed from the distillery immediately after they have been bottled, the distiller shall cause the bottles of spirits to be packed into outer containers each of which contains only bottles of a like capacity.”.

11. Regulation 68 of the Distillation Regulations is amended by omitting from sub-regulation (1.) the words “ bottle and flask containing spirits ” and inserting in their stead the words “ bottle of spirits ”.

12. Regulation 69 of the Distillation Regulations is repealed and the following regulation inserted in its stead:—

“ 69. A distiller shall not cause or permit a label to be affixed to a bottle of spirits unless a label of a like kind has been furnished to the Collector.”.

13. Regulations 71 and 72 of the Distillation Regulations are repealed and the following regulations inserted in their stead:—

“ 71.—(1.) Upon application made to a Collector by a distiller in writing, the Collector may, by instrument under his hand, grant a distiller permission to colour spirits while the spirits are in a vat in his distillery.

“ (2.) The power conferred by the last preceding sub-regulation may be exercised by granting permission—

(a) to colour the spirits in a particular vat; or

(b)to colour spirits in a vat in his distillery—

(i) at any time;

(ii) on a specified occasion; or

(iii) in circumstances included in a specified class of circumstances,

either with any colouring material or with a specified colouring material.

“ (3.) Without limiting the generality of the last preceding sub-regulation, a permission may be given subject to the condition that the distiller complies with such requirements as are specified in the permission, being requirements that, in the opinion of the Collector, are necessary for the protection of the revenue or for the purpose of ensuring compliance with the Act.

“ 72.—(1.) Upon application made to a Collector by a distiller, the Collector may, by instrument under his hand, grant the distiller permission to flavour spirit in his distillery.

“ (2.) The power conferred by the last preceding sub-regulation may be exercised by granting permission—

(a)to flavour a particular quantity of spirit; or

(b) to flavour spirits in his distillery—

(i) at any time;

(ii) on a specified occasion; or

(iii) in circumstances included in a specified class of circumstances,

by adding a particular flavouring material or any flavouring material.

“ (3.) Without limiting the generality of the last preceding sub-regulation, a permission may be given subject to the condition that the distiller complies with such requirements as are specified in the permission, being requirements that, in the opinion of the Collector, are necessary for the protection of the revenue or for the purpose of ensuring compliance with the Act.

“ (4.) Flavouring shall not be added to brandy, whisky, rum or gin in accordance with a permission given under this regulation—

(a) if the flavouring is to be added to brandy—unless the brandy has been wholly distilled from the fermented juice of fresh grapes or from apple cider or other fruit juices approved for the purpose of paragraph (c) of Item 2 in the Schedule to the Excise Tariff 1921–1969;

(b) if the flavouring is to be added to whisky—unless the whisky has been distilled wholly from barley malt or has been distilled partly from barley malt and partly from other grain;

(c) if the flavouring is to be added to rum—unless the rum has been distilled wholly from sugar, sugar syrup, molasses or the refuse of sugar cane; or

(d) if the flavouring is to be added to gin—unless the gin has been distilled from barley malt, grain, grape wine, apples or other fruit approved for the purpose of paragraph (ii) of Item 2 in the Schedule to the Excise Tariff 1921–1969.

“ (5.) In the last preceding sub-regulation, a reference to brandy, whisky, rum or gin shall be read as including a reference to spirit that is in the process of being manufactured into brandy, whisky, rum or gin, as the case may be.

“ 72a. A distiller shall not colour spirit or flavour spirit in his distillery except in accordance with a permission granted under regulation 71 or 72, as the case may be, of these Regulations that authorizes the colouring or flavouring of that spirit.”.

14. Regulation 77 of the Distillation Regulations is repealed.

15. Regulations 82 and 83 of the Distillation Regulations are repealed and the following regulation is inserted in their stead:—

“ 82. Where spirits leak from a cask in a distillery, the distiller shall, as soon as possible after the discovery of the leakage—

(a) cause the cask to be repaired so as to prevent further leakage;

(b) ascertain the quantity of spirits that has leaked from the cask; and

(c) inform the Collector of the occurrence of the leakage and of the quantity of spirits lost.”.

16. Regulations 85, 86, 88 and 91 of the Distillation Regulations are repealed.

17. Regulation 98 of the Distillation Regulations is amended by omitting from paragraph (c) all words after the words “ by him ”.

18. Regulations 104, 105, 109, 110 and 113 of the Distillation Regulations are repealed.

19. Regulation 114 of the Distillation Regulations is amended by omitting the words “ Customs warehouse ” and inserting in their stead the words “ place declared to be an approved place under section 5a of the Excise Act 1901–1968 ”.

20. The Schedule to the Distillation Regulations is amended—

(a) by omitting Forms 8, 9, 11 and 15; and

(b) by omitting Table A.

21. The Distillation Regulations are amended as set out in the Schedule to these Regulations.

THE SCHEDULE Regulation 21.

AMENDMENTS RELATING TO DECIMAL CURRENCY

Provisions amended	Omit—	Insert—
Regulation 4 (2.)...........................................................	Five hundred pounds	One thousand dollars
Five thousand pounds	Ten thousand dollars
Regulation 96 (2.)........................................................	Five hundred pounds	One thousand dollars
Five thousand pounds	Ten thousand dollars

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra