Excise Regulations (Amendment) (Cth)

STATUTORY RULES.

1953.

No. 86 .

REGULATIONS UNDER THE EXCISE 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 Excise Act 1901-1952.

Dated this 

day of  , 1953.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

Amendments of the Excise Regulations.

1. Regulation 2 of the Excise Regulations is amended by adding at the end thereof the following sub-regulation :—

“ (2.) In these Regulations, a reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.”.

2. Regulation 20 of the Excise Regulations, and the heading to that regulation, are repealed.

3. Regulation 75a of the Excise Regulations is amended—

(a)by omitting from sub-regulation (2.) the words “ or concentrated grape must ”; and

(b)by omitting from sub-regulation (3.) the words “ concentrated grape must or ”.

4. Regulation 76 of the Excise Regulations is amended by omitting the words “ Concentrated Grape Must ” and inserting in their stead the words “ Distilled Spirituous Liquors ”.

* Notified In the Commonwealth Gazette on    1953.

  Statutory Rules 1925, No. 184, as amended by Statutory Rules 1926, No. 70 ; 1928, No. 131 ; 1929, Nos. 74, 92 and 97 ; 1930, No. 71 ; 1931, Nos. 25 and 43 ; 1932, Nos. 13, 51, 105 and 129 ; 1933, Nos. 37 and 103 ; 1934, Nos. 9, 65 and 76 ; 1936, Nos. 26, 56 and 99 ; 1939, Nos. 5, 39, 60, 121 and 169 ; 1940, Nos. 17 and 48 ; 1941, No. 313 ; 1942, Nos. 291, 335 and 387 ; 1943, Nos. 22 and 140 ; 1944, No. 173 ; 1945, No. 103 ; 1946, No. 89 ; 1947, Nos. 28 and 85 ; 1948, Nos. 36 and 95 ; 1949, No. 96 ; 1950, No. 16 ; and 1951, Nos. 81 and 123.

3229.—Price 5d. 9/20.7.1953.

5. The heading “ FORTIFICATION OF AUSTRALIAN WINE ” occurring after regulation 83 of the Excise Regulations is omitted and the following heading inserted in its stead :—

“ FORTIFICATION OF AUSTRALIAN WINE AND AUSTRALIAN GRAPE MUST.”.

6. Regulation 83a of the Excise Regulations is amended by omitting the figures “ 94 ” and inserting in their stead the figures “ 93a ”.

7. Regulation 84 of the Excise Regulations is repealed and the following regulation inserted in its stead :—

“ 84. Australian spirits may be delivered from a Customs warehouse, distillery or vigneron’s spirit store for fortifying Australian wine or Australian grape must if the wine or grape must is manufactured wholly from fresh grapes.”.

8. Regulation 85 of the Excise Regulations is amended—

(a)by omitting from the proviso to paragraph (a)the words “ that the wine was made on or before the eighteenth day of January, 1940, or” ;

(b)by inserting in the proviso to paragraph (b), after the words “ Australian wine ”, the words “ or Australian grape must ” ; and

(c) by inserting in that proviso, after the words “ no such wine ”, the words “ or grape must ”.

9. Regulation 86 of the Excise Regulations is amended by inserting, after the word “ wine ”, the words “ or grape must ”.

10. Regulation 87 of the Excise Regulations is amended by inserting, after the word “ wines ”, the words “ or Australian grape must ”.

11. Regulation 90 of the Excise Regulations is amended by inserting, after the word “ wine ”, the words “ or grape must ”.

12. Regulation 91 of the Excise Regulations is amended by inserting, after the word “ wine ”, the words “ or grape must ”.

13. Regulation 92 of the Excise Regulations is repealed and the following regulation inserted in its stead :—

“ 92.—(1.) The spirits shall not be used otherwise than for fortifying Australian wine or Australian grape must and shall not be mixed with the wine or grape must except in the presence, and by the authority, of an officer.

“ (2.) The officer may take samples and test the alcoholic strength of the wine or grape must before and after mixing.

“ (3.) When the mixing is complete, the wine or grape must shall not contain more than forty per centum proof spirit.”.

14. Regulation 93 of the Excise Regulations is amended by inserting, after the word “ wine ”, the words “ or grape must ”.

15. The heading to regulation 93a of the Excise Regulations is amended by inserting, after the word “ Wine ”, the words “ or Grape Must ”.

16. Regulation 94 of the Excise Regulations, and the heading to that regulation, are repealed.

17. Regulations 160a to 160x (inclusive) of the Excise Regulations, and the headings to those regulations, are repealed.

18. Regulation 186 of the Excise Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations :—

“ (2.) A label which describes any spirits as ‘ Old ’, or in a way which could reasonably load to the belief that the spirits had been matured for a period of not less than five years, shall not be applied to spirits unless the spirits have been matured by storage in wood for a period of not less than five years.

“ (3.) A label which describes any spirits as ‘ Very Old ’, or in a way which could reasonably lead to the belief that the spirits had been matured for a period of not less than ten years, shall not be applied to spirits unless the spirits have been matured by storage in wood for a period of not less than ten years.”.

19. Regulations 188 and 189 of the Excise Regulations, and the headings to those regulations, are repealed.

20. Regulation 205 of the Excise Regulations is amended by inserting, after the word “ factory ”, the words “, distillery or other place ”.

21. Regulation 211 of the Excise Regulations, and the headings to that regulation, are repealed.

22. After regulation 234e of the Excise Regulations the following heading and regulation are inserted :—

“Distilled Spirituous Liquors.

“ 234f. In regulations 224 to 234e (inclusive) of these Regulations, ‘ liqueurs ’ includes distilled spirituous liquors.”.

23. Regulation 235 of the Excise Regulations, as inserted by regulation 13 of Statutory Rules 1951, No. 123, and the heading to that regulation, are repealed.

24. After regulation 244 of the Excise Regulations the following heading and regulation are added :—

“ Improper Use of Certain Words in Connexion with Licences and Factories.

“ 245.—(1.) A person (not being a person licensed to manufacture under the Act) shall not assume or use in connexion with his business a word or mark which would reasonably lead to the belief that he is a person licensed to manufacture under the Act.

“ (2.) Without limiting the generality of the last preceding sub-regulation, a person (not being a person licenced to manufacture under the Act) who places, or causes or permits to be placed, on any goods or on the packets, cases or containers in which goods are packed—

(a) a factory number and a State number furnished by the Collector to a manufacturer under section 67 of the Act ; or

(b) a mark, design or numbers so nearly resembling a factory number and a State number, whether alone or in conjunction with other words, designs or marks as to be likely to deceive,

shall be deemed to be guilty of an offence against that sub-regulation.”.

25. The heading “ REPEAL.” and the words from and including the words “ The Excise Regulations 1913 ” to and including the words “ are hereby repealed.” occurring after regulation 244 of the Excise Regulations are repealed.

26. Form 4 in the Schedule to the Excise Regulations is amended by omitting the words “J.P., or Officer.” and inserting in their stead the words “ (Description of person taking declaration) ”.

27. Form 5 in the Schedule to the Excise Regulations is repealed.

28. Form 12 in the Schedule to the Excise Regulations is repealed and the following Form inserted in its stead :—

Reg. No. 86. Form 12.

AUSTRALIAN EXCISE.

Application for Permission to use Australian Spirits for Fortifying Wine or Grape Must.

To the Collector of Customs

for the State of

I hereby apply for permission to use gallons of Australian

pure wine spirits of a strength of degrees above proof for

fortifying gallons of Australian wine grape must.

The spirits will be removed from to my premises

At where the wine grape must requiring fortification is stored,

I request that an officer be in attendance at my premises at

o’clock in the noon, on the day of

19 , to supervise the mixing of the spirits with the wine grape must.

Signature.

Address.

Date.

29. Form 13 in the Schedule to the Excise Regulations is amended by omitting all the words from and including the words “ Certificate of Officer.”.

30. Form 21 in the Schedule to the Excise Regulations is amended by omitting the letters “ J.P. ” and inserting in their stead the words “ (Description of person taking declaration) ”.

31. Form 35 in the Schedule to the Excise Regulations is amended—

(a)by omitting the words “ How Accounted for at Destination.” and inserting in their stead the word “ Endorsements.”; and

(b) by omitting the words “ Goods received and accounted for as above.” and inserting in their stead the words “ Goods received and accounted for as follows :—”.

32. Form 36 in the Schedule to the Excise Regulations is repealed and the following Form inserted in its stead :—

Reg. No. 205. Form 36.

AUSTRALIAN EXCISE.

Advice Note.

Station 19

The following goods have been delivered for conveyance under bond from

to in accordance with Warrant No.

Officer.

Marks and Numbers. Number and Kind of Packages. Description of Goods. Signature of Officer at Destination and Date and Time of Receipt.

Total number of packages (in words)

Received the within-mentioned goods for delivery as above.

Driver.

Time. Date.

33. Forms 42 and 43 in the Schedule to the Excise Regulations are repealed.

34. Form 45 in the Schedule to the Excise Regulations is repealed and the following Form inserted in its stead :—

Reg. No. 75c. Form 45.

AUSTRALIAN EXCISE.

State of

APPLICATION FOR		REFUND* REMISSION		OF EXCISE DUTY.
Owner		Port* Place		Ex Reported

 

Application for	refund* remission			of Excise duty is hereby made in respect of
the goods described herein.
Description of Goods.		Quantity.	Marks and Numbers.		Tariff Item.	Rate of Duty.	Amount of Duty.
£	s.	d.

Reason for application is as follows :—

Address to which advice of payment to be forwarded : Claimant’s Bank Branch Agent empowered to collect refund Name Address Special Authority Attached Standing Authority No.

Signature of Claimant

Date

For Refund Purposes Only.

As Entered.

Entry.		Number of Packages.	Description of Packages and Goods.	Gallons, Quantity or Weight.	Tariff Item.	Rate of Duty.	Duty Payable.
No.	Date.
£	s.	d.
As should have been entered.
			Total Refund Due £

* Strike out whichever is inapplicable.

35. Form 46 in the Schedule to the Excise Regulations is amended by omitting the words “ J.P. or Officer.” and inserting in their stead the words “ (Description of person taking declaration) ”.

36. Form 48 in the Schedule to the Excise Regulations is repealed and the following Form inserted in its stead :—

Form 48.

Regulation 231.

AUSTRALIAN EXCISE.

Factory.

Notice Book—Liqueurs and Distilled Spirituous Liquors.

Date.

Type of Liqueur or Spirituous Liquors.

Batch No.

Spirits.

Spirituous Ingredients.

Other Ingredients.

Signature of Manufacturer or his Servants.

Ex Vat or Vessel.

Liquid.

Strength.

Proof.

Name.

Liquid.

Strength.

Proof.

Name.

Quantity.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.