Distillation
No. 24 of 1972
An Act to amend the Distillation Act 1901-1968.
[Assented to 17 May 1972]
BE it enacted by the Queen’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 Distillation Act 1972.
(2.) The Distillation Act 1901-1968, as amended by this Act, may be cited as the Distillation Act 1901-1972.
Commencement.
2. This Act shall come into operation on the first day of July, One thousand nine hundred and seventy-two.
Schedule.
3. The Distillation Act 1901-1968 is amended as set out in the Schedule to this Act.
THE SCHEDULE Section 3.
AMENDMENTS OF THE DISTILLATION ACT 1901-1968
Provision | Amendment |
Section 3........ | Omit— “Part VI.—Vignerons (Sections 53-57).” insert— “Part VI.—Vignerons (Sections 54-57).”. |
Section 6........ | (a) Insert before the definition of “Australian wine” the following definition:— “‘Alcohol’ means ethyl alcohol.”. (b) Omit the definition of “Winery”. (c) Add at the end of the section the following sub-section:— “(2.) For the purposes of this Act— (a) the volume of alcohol contained in any liquor or other substance shall be taken to be the volume that would be the volume of that alcohol if the alcohol were measured at a temperature of twenty degrees Celsius; and (b) a calculation made for the purpose of ascertaining the volume of alcohol by reference to the specific gravity of alcohol shall be made on the basis that, at a temperature of twenty degrees Celsius and in vacuum, the specific gravity of alcohol in relation to water is 0.79067.”. |
Section 11a...... | Omit “one gallon”, insert “five litres”. |
Section 40....... | Omit “ten gallons”, insert “forty-five litres”. |
Section 53....... | Repeal the section. |
Section 57b(a).... | Omit “at a strength not exceeding forty per centum over proof”, insert “and containing not more than eighty per centum by volume of alcohol”. |
Section 59(1.)(a)... | Omit “forty per centum of proof spirit”, insert “twenty-three per centum by volume of alcohol”. |
Section 59(1.)(b)... | Omit “of a strength not less than thirty per centum over proof”, insert “that contains not less than seventy-four per centum by volume of alcohol”. |
Section 59(2.)..... | (a) Omit “of a strength not less than proof”, insert “containing not less than fifty-seven per centum by volume of alcohol”. (b) Omit “three per centum proof spirit”, insert “one and seven-tenths per centum”. |
Section 59(2a.).... | (a) Omit “of a strength less than thirty per centum over proof”, insert “containing less than seventy-four per centum by volume of alcohol”. (b) Omit paragraph (a), insert the following paragraph:— “(a) the spirit contains not less than sixty-two per centum by volume of alcohol; and”. |
Section 59(3.)..... | Omit “forty-two per centum of proof spirit”, insert “twenty-four per centum by volume of alcohol”. |
Section 59(4.)..... | Omit “forty per centum of proof spirit”, insert “twenty-three per centum by volume of alcohol”. |
Section 62....... | Omit “spirits at proof”, insert “alcohol”. |
Section 73a(3.).... | Omit “one gallon”, insert “five litres”. |
Section 76(ii.)..... | Omit “forty per centum of proof spirit”, insert “twenty-three per centum by volume of alcohol”. |
Section 77....... | Omit “one hundred yards”, insert “ninety metres”. |
Overview
The Distillation Act 1972, enacted by the Queen’s Most Excellent Majesty through the Australian Parliament, serves to amend the previous Distillation Act 1901-1968. This Act was introduced to address the need for updating and clarifying the regulatory framework governing distillation activities, particularly in relation to the measurement and definition of alcohol content. The policy objective, as stated within the Act, is to provide more precise definitions and metrics for alcohol volumes, thereby ensuring consistency and accuracy in compliance with distillation regulations. The Act also seeks to modernise the legislative language by replacing certain imperial measurements with metric equivalents, reflecting contemporary standards and practices. The amendments outlined in the Act aim to streamline the legislative process and enhance the administration of distillation laws within Australia.
Scope and Application
The Distillation Act 1972 applies to the regulation of distillation and the trade in distilled spirits within the Commonwealth of Australia. This Act amends the Distillation Act 1901-1968, bringing several updates to definitions, measurements, and specific provisions concerning the alcohol content in various liquors and substances. It applies to persons and entities involved in the distillation industry, including distillers, vintners, and those dealing in distilled spirits. The Act's amendments extend to the volume measurements and alcohol content thresholds, replacing imperial measurements with metric ones and specifying alcohol content by volume rather than proof. The geographic reach of this Act is national, applying across all states and territories within Australia. The Act does not explicitly mention exclusions or exemptions but provides specific criteria for alcohol content in various liquors, which serves as a regulatory threshold for compliance. The application and enforcement of the Act may be extended or detailed through subordinate instruments, although the primary Act itself focuses on the outlined amendments to existing provisions.
Key Provisions
The Distillation Act 1972 primarily focuses on amending the existing Distillation Act 1901-1968, with the amended version to be referred to as the Distillation Act 1901-1972. The Act came into operation on 1 July 1972. Key amendments include the re-definition of terms and the adjustment of measurements from imperial to metric units. For example, Section 6 redefines "Alcohol" as ethyl alcohol, and omits the definition of "Winery". Additionally, it introduces new subsections for determining the volume of alcohol and the specific gravity of alcohol at certain temperatures. Other sections, such as Sections 11a, 40, 73a(3), and 76(ii), convert measurements from gallons to litres, and Sections 53 and 77 change distances from yards to metres. Notably, Section 57b(a) revises the alcohol content strength from a proof-based measure to a volume-based measure.
The obligations and requirements imposed by the Act primarily revolve around the re-definition of terms and the standardization of measurements. The Act requires that alcohol content in any liquor or substance be measured at a temperature of twenty degrees Celsius. It also mandates the use of metric units for volume and distance measurements. For instance, the Act now measures volumes in litres instead of gallons and distances in metres instead of yards. Furthermore, the Act specifies the specific gravity of alcohol in relation to water at certain conditions, which must be used for calculations ascertaining the volume of alcohol.
In terms of offences and penalties, the Distillation Act 1972 does not explicitly state penalties for breaches of its provisions. However, as it amends existing legislation that is likely to have penalties for non-compliance, it is reasonable to infer that breaches of the amended sections would be subject to the same penalties as the original Act. For example, if the original Distillation Act 1901-1968 imposed penalties for inaccurate alcohol content measurements or incorrect use of units, these penalties would still apply under the amended Act. Practitioners should refer to the original Act for specific penalties, which could include fines or other sanctions, depending on the severity of the breach.