Spirits Amendment Regulations 2002 (No. 1) (Cth)

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Spirits Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 3032

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Spirits Act 1906.

Dated 27 November 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

HELEN COONAN

Minister for Revenue and Assistant Treasurer

1Name of Regulations

These Regulations are the Spirits Amendment Regulations 2002 (No. 1).

2Commencement

These Regulations commence on gazettal.

3Amendment of Spirits Regulations 1926

Schedule 1 amends the Spirits Regulations 1926.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 19

substitute

19Standard for special purpose

  1. (1)

    A person may methylate spirits for special manufacture or special purpose only if:

    1. (a)

      the spirits contain at least:

      1. (i)

        94% by volume of alcohol; or

      2. (ii)

        if the CEO approved a lower percentage — that percentage; and

    2. (b)

      it is done by adding, in the proportions directed by the CEO, methyl alcohol or any other substance as directed by the CEO.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[2]Regulation 26

substitute

26Removal of methylated spirits

  1. (1)

    A person must not remove methylated spirits from the premises of a manufacturer where their use is authorised.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) that the person had the permission of the Collector.

Note A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

26AUse of methylated spirits

  1. (1)

    A person may use methylated spirits only for a purpose approved by the Collector.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[3]Subregulation 27 (1)

omit

record

insert

record, in accordance with Form 5,

[4]Subregulation 27 (1), at the foot

insert

Penalty: 1 penalty unit.

[5]Subregulation 27 (2)

substitute

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[6]Regulation 28

substitute

28Recovery of methylated spirits

  1. (1)

    A person may wholly or partially recover methylated spirits used in manufacturing operations only in premises approved by the Collector.

Penalty: 1 penalty unit.

  1. (2)

    A person who wholly or partly recovers methylated spirits used in manufacturing operations must comply with:

    1. (a)

      any conditions imposed by the CEO; and

    2. (b)

      directions from the Collector about the proportion of fresh methylating substance to be mixed with the methylated spirits recovered.

Penalty: 1 penalty unit.

  1. (3)

    An offence under subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[7]Regulation 30C

substitute

30CRemoval and use of methylated spirits

  1. (1)

    As soon as possible after the passing of the entry, the applicant must move the methylated spirits, or cause them to be moved, to the premises where they are to be used.

Penalty: 1 penalty unit.

  1. (2)

    The applicant must not remove the methylated spirits from the premises where they are to be used.

Penalty: 1 penalty unit.

  1. (3)

    It is a defence to a prosecution under subregulation (2) that the Collector has permitted the removal.

Note A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

  1. (4)

    The applicant may use the methylated spirits on the premises where they are to be used only for a purpose approved by the Collector.

Penalty: 1 penalty unit.

. (5) An offence under subregulation (1), (2) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[8]Regulation 30F

substitute

30FRecord of use of methylated spirits

  1. (1)

    The applicant must keep a record of:

    1. (a)

      the particulars of the methylated spirits received; and

    2. (b)

      how the methylated spirits have been used.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) that the Collector has authorised the person not to keep the record.

Note A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

[9]Regulation 31

substitute

31Standard for purposes under this Part

  1. (1)

    A methylator may methylate spirit only if:

    1. (a)

      it contains at least 94% by volume of alcohol; and

    2. (b)

      the methylation is done in accordance with any directions by the CEO.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[10]Regulation 34

substitute

34Removal of methylated spirits

  1. (1)

    The responsible officer of a university or public institution must, as soon as possible after the passing of the entry, make sure that the methylated spirits are removed to the premises for which approval is given.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[11]Regulation 36

substitute

36Record of use of methylated spirits

  1. (1)

    The responsible officer of a university or public institution must keep a record of:

    1. (a)

      the particulars of the methylated spirits received; and

    2. (b)

      how the methylated spirits have been used.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) if the Collector has authorised the person not to keep the record.

Note A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

[12]Regulation 44

substitute

44Delivery of methylated spirits

  1. (1)

    A methylator may deliver methylated spirits for special manufacture, special purpose or scientific investigation to a person only if the Collector has approved the delivery.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[13]Subregulation 45 (1), at the foot

insert

Penalty: 1 penalty unit.

[14]Subregulation 45 (2)

substitute

  1. (2)

    A person must not alter or erase particulars mentioned in subregulation (1) on a container of methylated spirits.

Penalty: 1 penalty unit.

  1. (3)

    An offence under subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[15]Subregulation 51 (3)

substitute

  1. (3)

    A person may methylate spirits only in:

    1. (a)

      a customs warehouse; or

    2. (b)

      the spirit store of a spirit maker’s distillery; or

    3. (c)

      the premises specified in the methylator’s licence; or

    4. (d)

      a place approved by the Collector.

Penalty: 1 penalty unit.

  1. (3A)

    An offence under subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[16]Regulation 53

substitute

53Possession must be authorised

  1. (1)

    A person who is not a methylator must not receive or possess methylated spirits for special manufacture, special purpose or scientific investigation.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) if the Collector has authorised the person to receive or possess the methylated spirits.

Note A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

[17]Regulation 57

substitute

57Containers to be distinctively labelled

  1. (1)

    A methylator must label each container of methylated spirits produced by the methylator with the words ‘Methylated Spirits’ in prominent letters.

Penalty: 1 penalty unit.

  1. (2)

    A person may sell a container of methylated spirits only if it is labelled in accordance with subregulation (1).

Penalty: 1 penalty unit.

  1. (3)

    A person must not remove or alter a label of a container of methylated spirits.

Penalty: 1 penalty unit.

  1. (4)

    An offence under subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[18]Regulation 58

substitute

58Methylating substances to be approved

  1. (1)

    A person may use a methylating substance to make methylated spirits only if the Collector has approved the use.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[19]Regulation 59

substitute

59Samples may be taken for analysis

  1. (1)

    A methylator must, if required by the Collector:

    1. (a)

      take samples of methylated spirits made by the methylator; and

    2. (b)

      submit the samples for analysis to an analyst approved by the Collector.

Penalty: 1 penalty unit.

  1. (2)

    An offence under subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[20]Regulation 63

omit

Notes

1. These Regulations amend Statutory Rules 1926 No. 202, as amended by 1927 Nos. 28, 51 and 154; 1928 Nos. 14 and 106; 1929 No. 98; 1930 No. 35; 1932 No. 60; 1935 No. 68; 1936 No. 60; 1939 Nos. 8 and 171; 1940 No. 248; 1953 No. 16; 1954 No. 110; 1958 No. 56; 1959 No. 18; 1960 No. 61; 1966 No. 73; 1970 Nos. 56 and 103; 1972 No. 94; 1974 Nos. 26 and 124; 1980 Nos. 112 and 373; 1981 Nos. 164 and 267; 1982 Nos. 137, 253 and 376; 1985 No. 140; 2001 Nos. 83 and 223.

2. Notified in the Commonwealth of Australia Gazette

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