Beer Excise Regulations (Amendment)

Legislation au C1948L00104 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No . .

REGULATIONS UNDER THE BEER EXCISE ACT 1901-1947.*

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 Beer Excise Act 1901-1947.

Dated this fourth

day of August , 1948.

W J.McKELL

Governor-General.

By His Excellency’s Command,

(sgd.) BEN COURTICE

Minister of State for Trade and Customs.

AMENDMENTS OF THE BEER EXCISE REGULATIONS. †

1. After regulation 34 of the Beer Excise Regulations the following regulations are inserted: ─

" Removal of Beer before Payment of Duty.

" 35. Before beer which is to be exported or is not dutiable is removed from a brewery or delivery store, an entry shall be made and passed authorizing the removal of the beer.

" Security for Removal.

" 36. Before an entry i3 passed authorizing the removal, from a brewery or delivery store, of beer which is to be exported, the brewer shall give security, to the satisfaction of the Collector, in accordance with Form 9.

" Entries.

" 37. For the purposes of regulation 35 of these Regulations entries and dispatch notes shall be in accordance with the forms prescribed in regulation 204 of the Excise Regulations 1925.

" Conveyance in Licensed Carriages.

" 38. Where beer is removed from a brewery or delivery store without payment of duty for the purpose of exportation it shall be conveyed only in carriages, boats or lighters licensed under the Customs Act 1901-1947.".

2. The Schedule to the Beer Excise Regulations is amended ─

(a) by omitting from Form 1 the words " Signature of person who made the entries " and inserting in their stead the words " Signature of person responsible for the entries ";

(b) by omitting from Form 2 the words " by me " and inserting in their stead the words " at my direction";

(c) by omitting from that Form the words " Signature of the person who made the entries " and inserting in their stead the words " Signature of person responsible for the entries '';

* Notified in the Commonwealth Gazette on  1948.

† Statutory Rules 1926, No. 184, as amended by Statutory Rules 1927, No. 18 ;  1929, No. 119 ; 1936, No, 61 ; 1942, Nos. 338 and 445 ; 1943, No. 228 ; and 1946, No. 137.

3018.─ PRICE 3D.  15/2.7.1948

(d) by omitting Form 3 and inserting in its stead the following Form:─

" FORM 3.

Regulations Nos. 6 and 7. State of

commonwealth of Australia.

The Beer Excise Act 1901-1947.

BREWER’S MONTHLY ACCOUNT.

For The Month 19       .

Name of Brewer Place

Materials.

Particulars.

Sugar.

Malt.

Hops.

Other Materials.

 

Aust.

Imp.

Aust.

Imp.

cwt.

qrs.

lb.

cwt.

qrs.

lb.

bush.

bush.

lb.

lb.

lb.

lb.

 

 

Balances on hand on last evening of preceding month  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Received during the month ........

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deduct

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Used during the month for making beer (dutiable) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Used during the month for making beer (non-dutiable)  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sold or transferred during the month  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Balances on hand on the evening of the last day of the month  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


FORM 3—continued.

Bulk and Bottled Beer.

Particulars for the Month.

Bulk Beer.

Bottled Beer.

Gallons.

Dozen Imperial Quarts.

Dozen Reputed Quarts.

Dozen Pints.

Dozen Half Pints.

Dozen Quarter Gallons.

Total Gallons.

Balance on hand on last evening of preceding month  

 

 

 

 

 

 

 

Quantity made ......................

 

 

 

 

 

 

 

Quantity bottled .....................

 

 

 

 

 

 

 

Quantity received under permit ............

 

 

 

 

 

 

 

Quantity returned to stock ...............

 

 

 

 

 

 

 

Totals ....................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deduct in total for month ─

 

 

 

 

 

 

 

Bottled .........................

 

 

 

 

 

 

 

Duty paid ........................

 

 

 

 

 

 

 

Removed, duty free Excise Tariff Item 10

 

 

 

 

 

 

 

Removed, duty free Excise Tariff Item 18

 

 

 

 

 

 

 

Removed under bond for export only ......

 

 

 

 

 

 

 

Exported ........................

 

 

 

 

 

 

 

Transferred under permit ..............

 

 

 

 

 

 

 

Waste and breakage .................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total deductions ..............

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Balances on hand on the evening of the last day of month  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM 3─ continued.

Details of Beer Removed, Transferred and Consumed on the Premises.

Particulars

In Vessels.

In Bottles.

Hogs- heads.

Barrels.

Half Hogs- heads.

Kilds.

15 Gals.

10 Gals.

9 Gals.

5 Gals.

2 Gals.

Doz. Imp. Qrts.

Doz. Rep. Qrts.

Doz Pints.

Doz Half Pints.

Doz Qtr. Pints.

Consumed on the premises ....

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Removed, duty paid .........

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Removed, duty free, Excise Tariff Item 10  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Removed, duty free, Excise Tariff Item 18  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Removed, under bond, for export only  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exported ................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Transferred under permit .....

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Total ............

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Beer Duty Stamps.

Particulars.

Value.

 

£

s.

d.

Balance on hand on last evening of preceding month.............................................

 

 

 

Purchased during the month ............................................................

 

 

 

Received as refunds during the month ......................................................

 

 

 

Total ......................................................

 

 

 

 

 

 

 

Deduct ─

 

 

 

Used during the month ................................................................

 

 

 

Unaccounted for during the month ........................................................

 

 

 

 

 

 

 

Total deductions ..............................................

 

 

 

 

 

 

 

Balance on hand on the evening of the last day of the month .. ..

 

 

 

FORM 3–continued.

Details of Stamps on Hand.

Bulk (Gallons).

Value.

52

35

26

17

15

10

9

5

2

 

 

£

s.

d.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bottled (Gallons).

 

 

 

400

200

160

120

100

80

60

40

24

20

16

12

10

8

6

4

3

2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total ..................................................

 

 

 

I, declare the before-mentioned particulars were taken from the books kept as required by the provisions of the Beer Excise Act 1901-1947 at the              brewery in                  street,                             at                , during the month of                             19    , and that such particulars are true.

Declared before me at

this day of

19 Signature of Brewer

J.P. or Officer.

I certify that the particulars shown in this account have been compared with the Brewer's Diary and found to be in agreement therewith.

Signature of Officer.";

(e) by omitting from Form 4 the column headed " Contents in Gallons." ; and

(f) by adding at the end thereof the following Form :─

" FORM 9.

Reg. 36.

commonwealth of Australia.

Beer Excise Act 1901-1947.

SECURITY TO THE CUSTOMS.

Removal of Beer.

By this security the subscribers are, pursuant to the Beer Excise Act 1901-1947, bound to the Customs of the Commonwealth of Australia, in the sum of              subject only to this condition that if                  of                                                                                                              makes an entry for the removal to an approved place for exportation or for exportation of beer subject to the control of the Customs and all such beer is dealt with in accordance with the entry made therefore and with the said Act and any amendment thereof to the satisfaction of the Collector of Customs for the State of              and all beer is at all times safely and securely kept until removed or exported in accordance w1th the entry made then this security shall be thereby discharged.

Dated at the day of 19        .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures and Addresses of Witnesses.

 

 

 

NOTE.─ If liability is not intended to be joint and several and for the full amount, state what is intended, as, for example, thus─' The liability of the subscribers is joint only ' or ' The liability of (mention subscriber) is limited (here state amount of limit or mode of ascertaining limit) ' " .

–––––––––––––––––––––

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

Overview

The Beer Excise Regulations 1948 were enacted under the authority of the Beer Excise Act 1901-1947 to address the need for more stringent controls and documentation related to the production, storage, and removal of beer for domestic consumption and export. These regulations were established by the Commonwealth Parliament and were designed to ensure compliance with excise duties and to facilitate the smooth operation of the beer industry. The regulations include specific provisions for the entry and removal of beer from breweries, the provision of security for the removal of beer intended for export, and the submission of detailed monthly accounts by brewers. These measures aim to maintain the integrity of the excise system, prevent fraud, and ensure that all excise duties are properly accounted for and paid.

Scope and Application

The Beer Excise Regulations 1948, under the Beer Excise Act 1901-1947, apply to brewers and their operations within the Commonwealth of Australia. These regulations govern the processes surrounding the removal of beer from breweries or delivery stores, particularly in relation to exporting beer or removing beer that is not subject to duty. The regulations mandate that an entry must be made and passed authorizing the removal of such beer, and require the brewer to provide security to the satisfaction of the Collector if the beer is intended for exportation. The regulations also detail specific forms and procedures, such as the use of prescribed forms for entries and dispatch notes, and the conveyance of beer for exportation must be in licensed carriages, boats, or lighters under the Customs Act 1901-1947. Furthermore, the regulations update and amend existing forms to clarify responsibilities and ensure compliance with the Act, such as changing the wording of signatures in various forms to indicate the person responsible for the entries. The scope of these regulations is extended through the insertion of new regulations and the amendment of existing forms, ensuring that the processes for managing the excise of beer are thoroughly and accurately documented and followed.

Key Provisions

The Beer Excise Regulations 1948, which are a legislative instrument made under the authority of the Beer Excise Act 1901-1947, introduce several new regulations concerning the removal of beer from breweries and delivery stores, particularly for export purposes. Regulation 35 mandates that before any beer intended for export or not subject to duty can be removed from a brewery or delivery store, an appropriate entry must be made and approved, authorising the removal (Beer Excise Regulations 1948, reg. 35). For exported beer, the brewer must provide security to the satisfaction of the Collector, in accordance with Form 9 (reg. 36). The forms used for entries and dispatch notes must comply with the prescribed formats in regulation 204 of the Excise Regulations 1925 (reg. 37). Moreover, exported beer must be transported only in carriages, boats, or lighters that are licensed under the Customs Act 1901-1947 (reg. 38). These regulations impose specific obligations on brewers and other entities involved in the removal of beer. Brewers must ensure that all entries related to the removal of beer, particularly for export, are approved and comply with the prescribed forms. They must also provide security for exported beer, which must be in accordance with the specified format and terms outlined in Form 9. Furthermore, the transportation of exported beer must be conducted using only those vehicles and vessels that are licensed under the Customs Act. Compliance with these requirements ensures that the removal of beer, especially for export, is monitored and controlled effectively. Failure to adhere to the provisions outlined in these regulations can result in various consequences. While specific offences and penalties are not detailed in the Beer Excise Regulations 1948, breaches of excise-related regulations generally attract penalties under the Excise Act 1901 and the Crimes Act 1914. These may include fines and imprisonment, depending on the severity and intent behind the breach. The exact penalties would depend on the specific circumstances and any relevant provisions in other applicable laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.