STATUTORY
RULES.
1913. No. 344.
REGULATIONS
UNDER THE SPIRITS ACT 1906.
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, do hereby make the following
Regulations under the Spirits Act 1906,
to come into operation forthwith. Such Regulations to supersede the following
Regulations under the said Act, made on the dates shown, viz., Statutory Rules
1907, No. 29, 28th March 1907; Statutory Rules 1910, No. 37, 8th April, 1910;
Statutory Rules 1911, No. 160, 20th September, 1911.
Dated
this 19th day of December, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By
His Excellency’s Command,
LITTLETON
E. GROOM.
Minister
for Trade and Customs
Part I.—Introductory.
1. These Regulations may be cited as the Spirits Act Regulations 1913.
2. These Regulations are divided into parts as follows:—
Part
1.—Introductory.
Part
II.—Certificates and marking of Spirits.
Part
III.—Licences—Methylated Spirits.
Part
IV.—Standards.
Part
V.—Methylated Spirits for special manufacture.
Part
VI.—Methylated Spirits for scientific investigation.
Part
VII.—Methylated Spirits generally.
Division
(1) Methylators.
Division
(2) Officers—powers of.
Division
(3) Imported Methylated Spirits.
Division
(4) Miscellaneous.
3.In these Regulations, except where otherwise clearly
intended—
“The
Comptroller” means the Comptroller-General of Customs.
“The
Collector” means the Collector of Customs for a State.
“By
authority” means by the authority of the Comptroller or Collector.
‘‘Permission’’
means the written permission of the Comptroller or Collector.
“Methylator”
means a person licensed to make Methylated Spirits under these Regulations.
Part II.—Certificates and Marking of Spirits.
Sec
7 (1).
4.Any Distiller or Blender who desires a certificate in
respect of any Spirits shall make application in writing to the principal
officer doing duty at the time and place in relation to such Spirits.
C.
14095.—Price 5d.
Sec.
7 (1).
5.An officer may, upon receipt of an application, issue
to a Distiller or Blender a certificate in Form 1 in the schedule hereto.
Sec.
7 (1)
6.No certificate shall be
issued in respect of any Spirits after removal from Customs control.
Sec.
7 (2).
7.Upon the written application of the owner and satisfactory
proof as to the identity of any Spirits under Customs control, an officer may
mark or cause to be marked the description of such Spirits in the following
manner:—
(1) Casks and Vessels—
The
marking shall be effected by affixing on the head of each cask or vessel or
case the prescribed stamp or seal.
(2) Bottles—
The
prescribed stamp shall be placed on each bottle, and in addition, if desired by
the owner, the prescribed seal shall be impressed in wax or otherwise on the
cork or capsule of every bottle.
Sec.
7 (2).
8.The stamp to be used for descriptive purposes shall be
adhesive, not less than 2 inches in diameter, or such smaller size as may be
authorized by the Comptroller in special cases, printed in black letters on
white ground, and in the following design, but the descriptive terms varied to
suit the requirements, provided that a reduced facsimile of the stamp may be
used for miniature bottles.
Sec.
7 (2).
9.The Seal to be used shall be not less than 1 inch in
diameter, and of a design similar to the prescribed stamp, provided that a
reduced facsimile of the seal may be used for miniature bottles.
Part III.—Licences—Methylated Spirits.
Sec.
20.
Sec.
26 (c)
10.Application for a licence to make Methylated Spirits
shall be in Form 2 in the schedule hereto.
Sec
20.
Sec.
26 (c)
11.The applicant for a licence to make Methylated Spirits
shall pay to the Collector the prescribed licence-fee and give security in the
sum of £100 (with two approved sureties or an approved guarantee company or
bank) for compliance with these Regulations.
Sec.
20.
Sec.
26 (c).
12.The Collector, if satisfied that the applicant is a
fit and proper person to hold a licence and if he approves of the security
given, may grant to the applicant a licence in the Form 3 in the schedule
hereto, but if the application is refused the licence-fee shall be returned to
the applicant.
Sec.
20.
Sec.
26(d).
13.The fee payable by a Methylator for every licence
granted or to be granted in respect of the making and selling of Methylated
Spirits shall be Two pounds.
Sec.
20.
Sec.
26 (c).
14.The Collector may at any time require any Methylator
to give fresh security, and fresh security shall be given accordingly, and in
default the licence may be cancelled by the Comptroller.
15.Methylators’ licences shall be operative from the day
of their date, and shall remain in force until cancelled by the Comptroller.
Sec.
20.
Sec.
26 (c).
16.If a licensee is convicted of any contravention of the
Spirits Act 1906 or of these
Regulations his licence may be forthwith cancelled by the Comptroller.
Part IV.—Standards.
17.The standards for the classes of Methylated Spirits
called Industrial Spirits and Mineralized Spirits are as follow: —
Standard
for Industrial Spirits.
The
spirit before methylation to be of a strength not less than 65 degrees over
proof, and to be methylated by the addition of 2 per cent. of wood naphtha, ½
per cent. of pyridine liquid, and ½per
cent. of coal tar naphtha or shale naphtha.
Standard
for Mineralized Spirits.
The
spirit before methylation to be of a strength of not less than 65 degrees over
proof, and to be methylated by the addition of 1 per cent. of wood naphtha, ¼
per cent. of pyridine, 2 to 20 per cent. of benzine, and ¼ per cent. of a
solution of aniline, violet, or blue dye.
18.Except with the written permission of the Comptroller,
Methylated Spirits for sale shall not be treated in any manner or mixed with
water or other substance, so as to reduce the strength normally appertaining to
such Methylated Spirits, which in the case of “industrial” Methylated Spirits
shall not be less than 64 degrees over-proof.
Part V.—Methylated Spirits for Special Manufacture.
2
Sec. 14 (c).
Sec.
14 (4).
19.The Spirits to be of a strength not less than 65
degrees over proof, or, in special cases, such lower strength as is approved by
the Comptroller, and the methylation thereof shall be effected by the addition
of such Methylating Substance and in such proportions as the Comptroller
directs.
Sec.
26 (b).
20.Any manufacturer desiring to use Methylated Spirits in
any manufacture in which he proves to the satisfaction of the Collector that
Industrial Spirits or Mineralized Spirits would be unsuitable or detrimental,
may make application in writing to the Collector stating the means by which it
is proposed and desired to methylate such Spirits.
Sec.
28 (b).
21.The manufacturer shall give full particulars of the
situation of the premises in which, and the purpose for which, the Spirits are
to be used, together with a description of the process of manufacture.
Sec.
28 (b).
22.Upon approval of the application and upon the Spirits
being methylated in such manner as the Comptroller directs, an entry shall be made
and shall specify the purpose for which the Methylated Spirits are to be used,
and upon the passing of the entry the Methylated Spirits may be delivered to
the manufacturer.
Sec.
26 (b).
Sec.
26 (e).
23.Before the entry is passed the manufacturer shall give
approved security in an amount to be fixed by the Collector that the Methylated
Spirits shall not, unless by permission, be used for any purpose other than the
manufacture specified in the entry.
Sec.
26 (b).
24.The Methylated Spirits
shall forthwith, after the passing of the entry, be removed to the premises of
the manufacturer in which they are to be used.
Sec.
21.
Sec.
26 (b).
25.The quantity of Methylated Spirits to be received or
kept at any one time in the premises of a manufacturer must not, unless by
permission, exceed 100 gallons.
Sec.
26 (b).
26.Methylated Spirits shall not, unless by permission, be
removed from the premises of a manufacturer wherein their use has been
authorized, or be used for any purpose other than that approved by the
Collector.
Sec.
26 (b).
27. Every manufacturer shall keep a book in the Form 4 in the schedule hereto, in which he
shall enter, from day to day the quantity of Methylated Spirits received into
his premises, the quantity used, and the purposes for which such Spirits are
used, and the nature and quantity of the products manufactured therefrom.
Sec.
15 (b).
Sec
26 (b).
28.No Methylated Spirits used in manufacturing operations
shall be wholly or partially recovered unless in premises approved by the
Collector and under such conditions as the Comptroller approves, and Methylated
Spirits so recovered shall be mixed with fresh Methylating Substance in such
quantities as the Collector directs.
Sec.
26 (b).
29.Methylated Spirits shall
not be used for manufacturing purposes in any premises in which ordinary
alcoholic beverages are made or sold.
Sec.
26 (b).
30. If, in the
opinion of the Collector, the services of an officer are necessary to supervise
wholly or partially the manufacture of any product in which Methylated Spirits
are used, the manufacturer shall pay to the Collector 2s. per hour, or part
thereof, for the time the services of such officer are required.
Part VI.—Methylated Spirits for Scientific
Investigation.
2
Sec.
14 (d).
Sec.
14 (5).
31.The Spirits before methylation shall be of a strength
not less than 65 degrees over proof, and shall be methylated in such manner as
the Comptroller directs.
2
Sec.
14 (d).
32.Any responsible officer of a University or Public
Institution desiring to use Methylated Spirits for scientific investigation in
connexion with a University or Public Institution may make application in
writing to the Collector, stating the quantity required and the premises in
which it is intended to keep and use such Methylated Spirits.
2
Sec.
14 (d).
33.Upon approval of the application, the Spirits shall be
treated as directed by the Comptroller, an entry shall be made and shall
specify the purpose for which the Methylated Spirits are to be used, and upon
the passing of the entry the Methylated Spirits may be delivered to the
responsible officer of a University or Public Institution.
2
Sec.
14 (d).
34.The Methylated Spirits shall forthwith, after the
passing of the entry, be removed to the premises for which approval has been
given.
2
Sec.
14 (d).
Sec.
14 (5).
35.The responsible officer of a University or Public
Institution shall, upon receipt of the Methylated Spirits, forward to the
Collector a receipt for the quantity of such Methylated Spirits received.
2
Sec.
14 (d).
Sec.
14 (5)
36.Subject to the discretion of the Collector, a book shall
be kept by the responsible officer of a University or Public Institution, in
which shall be entered particulars of the Methylated Spirits received, and the
manner in which such Spirits have been used.
2
Sec.
14 (d).
Sec.
14 (5).
37.The Collector may at any time require the responsible
officer of a University or Public Institution to give security for compliance
with these Regulations to such amount as may be fixed by the Collector.
Part VII.—Methylated Spirits Generally.
Division (1)—Methylators.
Sec.
20.
Sec.
26 (c).
38.Any Methylator desiring to make Methylated Spirits
shall apply to the Collector according to the Form 5 in the Schedule hereto.
Sec.
20.
See.
26 (c).
39.Upon approval of the application, the Spirits shall be
methylated as, provided by these Regulations.
Sec.
20.
Sec.
26 (c).
40.The quantity of Methylated Spirits to be made at any
one time shall not be less than 21 gallons.
Sec.
20.
Sec.
26 (c).
41.When required by the Collector, a mixing vat shall be provided,
of sufficient capacity to admit of the Spirits being properly methylated.
Sec.
20.
Sec.
26 (c).
42.If the quantity of Methylated Spirits to be made is
such as to require, in the opinion of the Collector, the services of a special
officer, the Methylator shall pay to the Collector 2s. per hour, or part
thereof, for the time the services of such officer are required.
See.
20.
Sec.
26 (c).
43.Every Methylator shall keep a book in the Form 6 in
the Schedule hereto, in which he shall enter from day to day the quantity and
class of Methylated Spirits made and removed, and the names and addresses of
the persons to whom such Spirits are delivered.
Sec.
20.
Sec.
21.
Sec.
26 (c).
44.No Methylator shall deliver Methylated Spirits for
special manufacture or Methylated Spirits for scientific investigation to any
person without the approval of the Collector.
See.
26 (f).
45.(1) Upon every vessel containing Methylated Spirits
and every package covering such vessels the Methylator shall legibly cut or
brand or paint in oils the following particulars:—
(a) The name of the
Methylator and the place where the Methylated Spirits were made.
(b) The words Industrial Methylated
Spirits or Mineralized Methylated Spirits or Methylated Spirits for Special
Manufacture, or Methylated Spirits for Scientific Investigation, according to
the class of Methylated Spirits contained therein.
(2) The marking on any vessel under this
Regulation shall not be altered or erased so long as the vessel contains
Methylated Spirits.
Sec.
26 (f).
46.Upon every vessel in which Methylated Spirits are made
the Methylator shall paint thereon in oil colours and in conspicuous letters
the words Methylated Spirits.
Sec.
21.
47.No Methylator shall, without permission, sell or
deliver to a purchaser at any one time a greater quantity of Methylated Spirits
than 100 gallons.
Division (2)—Officers, Powers of.
Sec.
20.
Sec.
26 (b).
48.Officers may examine and take copies of, or extracts
from, all books kept in relation to the making, or sale, or removal, or use of
Methylated Spirits under these Regulations.
Division
(3)—Imported Methylated Spirits.
See.
14.
49.Imported Methylated Spirits are subject to the
Regulations, and before delivery from Customs control samples shall be taken
and submitted for analysis to an analyst approved by the Collector.
50.If upon analysis of Imported Methylated Spirits the
analyst certifies that such Methylated Spirits are not sufficiently methylated,
such Spirits shall not be delivered for home consumption until so methylated.
Division
(4)—Miscellaneous.
Sec.
20.
Sec.
26 (c).
51.Spirits may be methylated only by authority and under
the personal supervision of an officer in a Customs Warehouse, Spirit Store of
a Spirit Maker’s Distillery, or on the premises specified in the Methylator’s
licence, or any other place approved by the Collector.
52. Methylated Spirits shall not be delivered from Customs control in
packages of less than 4 gallons.
Sec.
21.
53.No person, other than a Methylator, shall, unless
authorized by the Collector, receive or have in his possession any Methylated
Spirits for scientific investigation or Methylated Spirits for special
manufacture.
Sec.
22 (3)
54.Samples taken or obtained by an officer under the
provisions of Section 22 of the Spirits
Act 1906 may, when required by the Collector, be dealt with subject to the
following conditions:—
(a) The officer taking or
obtaining a sample shall, in the presence of the person, or his agent, or
servant, from whom such sample is taken or obtained, divide such sample into
three parts, each part to be labelled or marked and securely sealed.
(b) The sample shall be dealt with by the
officer as follows:—One sample to be handed to the owner, or his agent, or
servant, the second to be submitted to an approved analyst for report, and the
third to be kept, if necessary, by the Customs for further examination.
(c) The production of a certificate
signed by an analyst, to whom a sample is submitted by an officer, shall be
sufficient evidence of the identity of the sample analyzed, and of the result
of the analysis, without proof of the signature of the person appearing to have
signed the same.
55.The prescribed quantity of Methylated Spirits which a
person, not licensed or authorized to make and sell Methylated Spirits, may
sell at any one time shall be 20 gallons of Industrial Spirits or Mineralized
Spirits, or partly of one kind and partly of the other kind. Provided that this
quantity may be exceeded in special cases by permission.
56.The prescribed quantity of Methylated Spirits which a
person, not licensed or authorized to make and sell Methylated Spirits, may
have in his possession at any one time shall be 100 gallons of Industrial
Spirits or Mineralized Spirits, or partly of one kind and partly of the other
kind. Provided that this quantity may be exceeded in special cases by
permission.
57.Upon every vessel (including any bottle, tin, or metal
vessel) containing two gallons or less of Methylated Spirits, a label bearing
the words “Methylated Spirits” in prominent letters shall be placed; and no
person shall sell any such vessel containing Methylated Spirits unless such
label has been placed thereon, and no person shall, while such vessel contains
Methylated Spirits, remove the label therefrom or alter or interfere with the
lettering on it.
Sec.
20.
58.No Methylating Substance shall be used for the purpose
of making Methylated Spirits before being approved by the Collector.
Sec.
20.
59.Samples of all Methylated Spirits made shall, when
required by the Collector, be taken and submitted for analysis to an analyst
approved by the Collector.
60.Where any liniment or veterinary medicine made in
Australia contains Methylated Spirits, a label shall be affixed to the bottle
or packet in which it is contained, having thereon in clear and prominent characters
a statement as follows:—
“This preparation contains * per
cent. by volume of Methylated Spirits.”
*
Quantity to be stated.
61.A Distiller holding a Spirit Maker’s general licence
under the Distillation Act 1901,
shall be subject to the provisions of these Regulations relating to Methylators
to the same extent as if he were himself a Methylator under these Regulations.
62.Spirits ordered by the Minister to be methylated in
accordance with the provisions of Section 13 of the Spirits Act 1906 shall be methylated as the Comptroller directs.
Sec.
26 (g).
63.Any person guilty of any breach of these Regulation
shall be guilty of an offence, and shall, where no higher penalty is provided
for by the Spirits Act 1906,* be
punishable on conviction by a penalty not exceeding Ten pounds.
*
By Section 15 of the Spirits Act 1906
any person who treats, deals with, or uses any Methylated Spirits in
contravention of the Act or the Regulations is liable to a penalty not
exceeding Five hundred pounds.
SCHEDULE.
Form 1.
Commonwealth of
Australia
Spirits
Act 1906.
Official
Certificate.
I hereby certify that the Spirits
contained in the packages enumerated hereunder are*—
Description
of Package. | Marks
and Numbers. | Name
Painted or Branded on the Vessels or Cases. | Quantity. |
Kind
of Vessel. | No.
of Cases. | Liq.
Gal. | Strength. | Proof
Gals. |
Dated
at in
the State of
this
day of 19
Officer.
Note.—This certificate holds
good only whilst the above spirits are under Customs control.
*Insert
whether “Pure Australian Standard Brandy,” or “Australian Blended Brandy,” or “Australian
Standard Malt Whisky,” or “Australian Blended Whisky,” or “Australian Standard
Rum.”
Form 2.
Commonwealth
of Australia.
Spirits Act 1906.
Application for a Licence to make Methylated Spirits.
To
the Collector of Customs,
State
of.........................................................
I hereby apply for a licence to
make Methylated Spirits on premises situated at
...................................., and enclose the sum of £2 Licence-Fee.
I also submit names and addresses
of my sureties.
Name in full
Address
Occupation
(Signature
of Applicant.)
Witness—
Date.......................................
Form 3.
Commonwealth of Australia. No.
.................
Spirits
Act 1906.
Methylator’s Licence.
A.B., of [here state address and occupation] is hereby licensed, subject to
the Regulations now, or which may hereafter be, in force under the Spirits Act 1906, to make Methylated
Spirits on premises situated at ................................ and to sell
any Methylated Spirits made in pursuance of this licence.