Distillation Regulations 1913 (Amendment)

Overview

The Statutory Rules of 1920, No. 41, are regulations made under the authority of the Distillation Act 1901–1918. Enacted by the Parliament of Australia, these regulations were introduced to provide specific procedures for the handling of samples taken under the Distillation Act. The primary aim of these regulations is to ensure transparency and fairness in the sampling and analysis of distilled products, which is crucial for maintaining the integrity of the distillation industry and protecting consumer interests. The regulations mandate the division of samples into three equal parts, with each part being securely sealed and distributed to the owner, an approved analyst, and retained by the officer for further examination if necessary. These provisions are designed to uphold the accuracy and reliability of the analysis process.

Scope and Application

The Statutory Rules 1920, No. 41, under the Distillation Act 1901–1918, establishes specific protocols for the handling and distribution of samples taken by officers in accordance with sections 63 and 71 of the Act. These regulations apply to any person or entity involved in the distillation industry, including distillers, suppliers, and relevant personnel, within the jurisdiction of the Commonwealth of Australia. The Act provides detailed instructions on the division of samples into three equal parts, each to be labelled, sealed, and allocated to the sample owner, an approved analyst for testing, and retained by the officer respectively. This ensures a systematic approach to verifying the quality and compliance of distilled products. The regulations also address the means of delivery to analysts and the burden of proof in case of disputes regarding sample identity, further solidifying the integrity of the testing process. Notably, this regulation does not specify any exclusions or exemptions and applies uniformly across the Commonwealth.

Key Provisions

The regulation introduced under the Distillation Act 1901–1918 primarily addresses the handling of samples taken by officers in the course of their duties. Specifically, regulation 119A(1) states that when a sample is taken or obtained by an officer under the provisions of section 63 or section 71 of the Distillation Act, the officer must divide the sample into three equal parts in the presence of the owner or their representative. Each part must then be securely sealed and labelled. One part is handed to the owner or their agent or servant, another is delivered to an analyst approved by the Collector for analysis, and the third part is retained by the officer for further examination if necessary. This ensures a transparent and equitable process for all parties involved. The obligations imposed by this regulation are quite clear and structured. The officer must ensure that the sample is divided and sealed correctly, with each part being labelled and distributed as per the regulation. The person from whom the sample was taken must be present during the division process. Furthermore, the officer must deliver one part to the analyst in a manner approved by the Collector, which can include personal delivery or sending it by registered post. In cases of disputes regarding the identity of the part received by the analyst, the regulation places the burden of proof on the complainant, as outlined in regulation 119A(3). This structured approach ensures accountability and transparency in the handling of samples. Breaches of this regulation could potentially lead to various consequences. While the regulation does not explicitly outline specific offences or penalties, any failure to comply with the stipulated procedures for handling samples could be considered a violation of the Distillation Act 1901–1918. Such violations might result in legal action, fines, or other penalties as prescribed by the overarching Act. The production of a certificate of analysis signed by the analyst is considered sufficient evidence of the sample’s identity and analysis result, as stated in regulation 119A(4), which simplifies the verification process but also underscores the importance of accuracy and integrity in sample handling.