Spirits Act 1918 (Cth)

SPIRITS.

No. 35 of 1918

An Act to amend the Spirits Act 1906-1915.

[Assented to 12th December, 1918.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Spirits Act 1918.

(2.) The Spirits Act 1906-1915 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Spirits Act 1906-1918.

 

Definitions.

2. Section three of the Principal Act is amended—

(a) by omitting from the definition of “Medicines” the words “liniments and veterinary medicines” and inserting in their stead the words “such veterinary medicines and such liniments as may from time to time be prescribed under Departmental By-laws”;

(b) by omitting the definition of “Methylating substance” and inserting in its stead the following definition:—

“‘Methylating substance’ means any substance required by any regulation to be mixed with spirits in order to make methylated spirits, and includes any fractional part or ingredient of any such substance, and particularly any such fractional part or ingredient as may serve to aid detection by means of chemical analysis of the presence in any article of food or drink or any medicines of a methylating substance”;

(c) by omitting from the definition of “Methylated Spirits” the words “or any part” and inserting in their stead the words “or any fractional part or ingredient”;

(d) by omitting from the definition of “Pure Australian Standard Brandy “the words “grape wine” and inserting in their stead the words “wine the fermented juice of fresh grapes”; and

(e) by omitting paragraph (a) from the definition of “Australian Blended Brandy” and inserting in its stead the following paragraph:—

“(a) It must have been distilled wholly from wine the fermented juice of fresh grapes, and must contain not less than twenty-five per cent. of pure wine spirit which has been separately distilled from the fermented juice of fresh grapes by a pot still or similar process at a strength not exceeding forty per cent. over proof;”.

Penalty for describing spirits contrary to Act.

3. Section nine of the Principal Act is amended by omitting from paragraph (b) the words “grape wine” and inserting in their stead the words “wine the fermented juice of fresh grapes”.

Penalty for refining, &c., methylated spirits.

4. Section fifteen of the Principal Act is amended—

(a) by inserting in paragraph (a), after the words “methylating substance” the words “or any fractional part or ingredient thereof”;

(b) by inserting in paragraph (c), after the words “methylated spirits” the words “or spirits containing any fractional part or ingredient of a methylating substance”; and

(c) by adding at the end thereof the following sub-section:—

“(2.) It shall not be a defence to any prosecution under sub-section (1.) of this section that the offence took place prior to the amendment of this Act.”.

Penalty for selling. &c., illicit methylated spirits.

5. Section sixteen of the Principal Act is amended by omitting from paragraph (b) the words “after the first day of January, One thousand nine hundred and seven,” and by adding at the end of that paragraph the words “or methylating substance or any fractional part or ingredient thereof”.

Forfeiture of illicit methylated spirits.

6. Section seventeen of the Principal Act is amended by inserting, after the words “methylated spirits”, the words “or methylating substance or any fractional part or ingredient thereof”.

Spirits, &c., containing methylating substances.

7. Section eighteen of the Principal Act is amended—

(a) by inserting after the words “methylating substance” (wherever occurring) the words “or any fractional part or ingredient thereof”; and

(b) by inserting after the words “tinctures or medicines” the words “(other than veterinary medicines and liniments as prescribed under by-law)”.