STATUTORY RULES.
1920. No. 184.
REGULATION UNDER THE DISTILLATION ACT 1901-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Distillation Act 1901-1918, to come into operation forthwith.
Dated this seventh day of October, 1920.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE.
Minister of State for Trade and Customs.
Amendment of Distillation Regulations 1913.
(Statutory Rules 1913, No. 343; as amended to this date.)
After regulation 120 of the Distillation Regulations 1913 the following regulation is inserted:—
Declarations by Agents.
“120a. (1) Forms containing declarations may be signed by a duly authorized agent in cases where the principal is legally incapable of making a declaration.
(2) Any officer may require from any agent the production of his written authority from the principal for whom he claims to act, and in default of the production of such authority may refuse to recognise the agency.
(3) Any declaration made by an agent in pursuance of this regulation shall be held to have been made with the knowledge and consent of the principal, so that in any prosecution in respect of any declaration made by any such agent the principal shall be liable only to the pecuniary punishment provided by the Act or these Regulations, as if such declaration had been made by the principal.” (T. & C. 20/A.5388.)
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1920, No. 184, are regulations enacted under the Distillation Act 1901-1918 by the Governor-General in Council, with the aim of amending the existing Distillation Regulations 1913. This legislative instrument addresses the need to clarify the process for declarations made on behalf of individuals who are legally incapable of signing such declarations themselves. The regulations provide that authorised agents can sign forms containing declarations on behalf of such principals, but require the agent to produce written authority from the principal, and establish that the principal is legally accountable for the declarations made by their agent. This regulation helps ensure compliance and accountability in the distillation industry by providing a clear framework for the representation of incapacitated individuals.
Scope and Application
The regulation under the Distillation Act 1901-1918, as amended by Statutory Rules 1920, No. 184, applies to agents authorised to sign forms containing declarations on behalf of principals who are legally incapable of making such declarations themselves. The regulation extends the existing framework established in the Distillation Regulations 1913 by allowing duly authorised agents to sign necessary forms in specific circumstances, while also imposing obligations on these agents to produce written authority from their principals. Furthermore, the regulation explicitly states that any declaration made by an agent is considered to be made with the knowledge and consent of the principal, thereby holding the principal accountable for the accuracy of the declaration. This amendment applies to all forms and declarations governed by the Distillation Act, ensuring consistency and clarity in the legal obligations of both agents and principals within the scope of the Act.
Key Provisions
The main operative sections of this legislative instrument amend the Distillation Regulations 1913 by inserting a new regulation 120a. This regulation allows for the signing of declaration forms by duly authorized agents when the principal is legally incapable of doing so (120a(1)). It mandates that any such agent must present written authority from the principal they claim to represent; failure to do so may result in the agent's authority being refused recognition by any officer (120a(2)). Furthermore, any declaration made by an agent under this regulation is deemed to have the principal's knowledge and consent, thereby holding the principal liable for any pecuniary penalties as if the declaration was made by them (120a(3)).
The Act imposes several obligations on the parties it governs. Primarily, it requires that agents acting on behalf of principals must have explicit written authority to sign declaration forms when the principal is incapable. This written authority must be presented to any officer upon request, and its absence may result in the agent's authority being disregarded (120a(2)). Additionally, the regulation ensures that the principal is held accountable for the declarations made by their agents, as if the principal had made the declaration themselves (120a(3)).
Offences under this regulation primarily involve the unauthorized signing of declaration forms by agents. If an agent signs a declaration form without proper written authority from the principal, this can lead to the agent's authority being refused by any officer. The principal, however, remains liable for any pecuniary penalties associated with the declaration, as if they had made it themselves. Although the specific penalties are not detailed in the provided text, under the Distillation Act 1901-1918, penalties for breaches typically include fines, which can be substantial depending on the severity of the offence. Non-compliance with these obligations may therefore result in both administrative and financial consequences for the parties involved.