Distillation Regulations 1926

Distillation Regulations 1926

Statutory Rules 1926 No. 206 as amended

made under the

Distillation Act 1901

This compilation was prepared on 23 August 2001
taking into account amendments up to SR 2001 No. 223

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of Regulations [see Note 1] 

 1A Interpretation 

 2 Application for spirit maker’s licence 

 3 Fee for spirit maker’s licence application 

 4 Security — application for spirit maker’s licence 

 30 Recording of quantity of spirits produced 

 31 Recording of quantity of beer, wine or wash conveyed to still 

 47A Interpretation of cask in regulations 48 to 77 

 48 Spirit store 

 50 Spirits kept in spirit store 

 55 Distillery identification 

 56 Identification of casks 

 61 Duty on blended spirits 

 62 Deficiency of spirits 

 63 Spirit blending 

 64 Clarification of cloudy spirits 

 65 Reduction of spirits 

 67 Packaging of spirits 

 68 Labelling of spirits 

 70 Calculation of quantity of spirits 

 74 Re-vatting stored spirits 

 75 Gauging of vats 

 79 Casks to be marked 

 80 Casks to remain unaltered 

 81 Arrangement of casks 

 82 Leakage of spirits 

 87 Additives not permitted 

 90 Duty paid on spirits 

 93 Methylated spirits 

 94 Application for vigneron’s licence 

 95 Fee for vigneron’s licence application 

 96 Security — application for vigneron’s licence 

 97 Granting or renewal of vigneron’s licence 

 116 Application for experimenter’s licence 

 116A Fee for experimenter’s licence application 

 117 Security-application for experimenter’s licence 

 118 Form of experimenter’s licence 

 119 Number of experimenters’ licences 

 127 Dealing with samples 

 128 Declarations 

 129 Forms and tables 

 134 Repeal 

Schedule 

Form 1 Application for licence to distil spirits 

Form 2 Experimenter’s licence 

Form 3 Spirit-maker’s general licence 

Form 4 Security — spirit maker’s general licence 

Form 5 Wine distiller’s licence 

Form 6 Security — wine distiller’s licence 

Form 13 Vigneron’s licence 

Form 14 Security — vigneron’s licence 

Form 21 Authority to agent to sign declarations 

Notes 

1 Name of Regulations [see Note 1]

  These Regulations are the Distillation Regulations 1926.

1A Interpretation

 (1) In these regulations, the Act means the Distillation Act 1901‑1968.

 (2) In these regulations:

 (a) references to the bottling of spirits shall be read as references to the putting-up of spirits into a bottle, flask or can; and

 (b) references to a bottle of spirits shall, unless the contrary intention appears, be read as references to a bottle, flask or can of spirits.

2 Application for spirit maker’s licence

  An application for a spirit maker’s licence shall be in accordance with Form 1, and shall comply with all the requirements indicated therein.

3 Fee for spirit maker’s licence application

 (1) A spirit maker’s licence shall be in accordance with Form 3 or Form 5.

 (2) The annual fee for a spirit maker’s licence is nil.

4 Security — application for spirit maker’s licence

 (1) The security required to be given by section 18 of the Act in respect of an application for a spirit maker’s licence shall be in accordance with Form 4 or Form 6.

 (2) The amount of the security referred to in subregulation (1) shall be such amount, being not less than One thousand dollars and not more than Ten thousand dollars, as the Collector determines.

30 Recording of quantity of spirits produced

  Except by authority no access shall be had to the end of the worm of any still or to any low wines feints or spirits from the time of the extraction or distillation thereof in the still unless the distiller has recorded the quantity of spirits produced.

31 Recording of quantity of beer, wine or wash conveyed to still

 (1) Where the Collector has directed a distiller to keep any records in respect of beer, wine or wash that is conveyed to a still, the distiller shall not convey any beer, wine or wash to a still:

 (a) unless the distiller has recorded those particulars; or

 (b) unless the distiller, or any employee of the distiller, authorized by the distiller for the purpose, has signed his or her name opposite to or immediately under the entry of those particulars in the records of the distiller.

 (2) An officer may direct a distiller not to convey beer, wine or wash to a still until the officer has assessed the quantity to be so conveyed.

 (3) A distiller shall comply with a direction given by an officer under the last preceding subregulation.

47A Interpretation of cask in regulations 48 to 77

  For the purposes of regulations 48 to 77 (inclusive) of these regulations, cask includes drum and any other vessel approved by the Collector.

48 Spirit store

  The spirit store is for the purpose of carrying on therein the flavouring, colouring, blending, and bottling of spirits, and the putting of spirits into casks. Spirits may also be stored in the spirit store during the process of maturing.

50 Spirits kept in spirit store

  Only spirits in vats and in vessels approved by the Collector shall be kept in the spirit store. When vat is referred to the reference shall include any approved vessel.

55 Distillery identification

  The Collector shall advise each distiller of the letter allotted to his distillery, to be called the distillery letter, and the number representing the State in which the distillery is situated, to be called the State number.

56 Identification of casks

  Every cask brought into the spirit store must be in sound condition and have legibly cut or branded or painted in oil colours the following particulars:

  On the outside of one end of the cask the name of the distiller or of the distillery, the place where the distillery is situated, and the distillery letter placed directly above the State number, thus,

  On the other end of the cask its consecutive number and its weight, and when filled with spirits, the number of litres it contains, and when rates of duty differ according to the material from which the spirits are made a letter denoting the material from which the spirits are made.

  The Collector may, on the application of a purchaser of the spirits, permit the erasure from the casks of the name of the distiller or of the distillery, and of the place where the distillery is situated, and the substitution of the trade name and mark of the purchaser, provided that the distillery letter, State number, and the bond marks are preserved undefaced, and that the words “Made in Australia” are legibly cut, or branded or painted in oil colours on the casks.

61 Duty on blended spirits

  If imported spirits are to be mixed with Australian spirits for exportation only, then no duty shall be charged on the imported spirits, but if imported flavouring spirits are to be mixed with spirits for home consumption, then, if the rate of duty on the imported spirits is greater than the rate of duty payable on the spirits distilled in Australia, the difference between such rates of duty shall be paid on the flavouring spirits before removal from the warehouse licensed under the Customs Act 1901-1968 to the spirit store of the distiller.

62 Deficiency of spirits

  The dip of any vats containing spirits may at any time be taken by an officer, and if any deficiency of spirits has taken place which cannot be attributed to natural loss, the distiller shall pay duty on the quantity of spirits so found deficient.

63 Spirit blending

  The spirits in the spirit store may be blended.

64 Clarification of cloudy spirits

  The clarification of cloudy spirits may be allowed by the addition thereto of a solution of alum in the proportion of not more than 4 litres of such solution to every 1,000 litres of spirits, or by means of any other treatment approved by the CEO.

65 Reduction of spirits

  A distiller may, by adding water thereto, reduce any spirits in the vat in the spirit store.

67 Packaging of spirits

  Where spirits that have been bottled in a distillery are not removed from the distillery immediately after they have been bottled, the distiller shall cause the bottles of spirits to be packed into outer containers each of which contains only bottles of a like capacity.

68 Labelling of spirits

 (1) A distiller shall label every bottle of spirits with the words “Produce of Australia”, “Made in Australia” or other words approved by the Collector indicating that the spirits have been distilled in Australia and with:

 (a) the name of the place where the spirits were bottled and the name of:

 (i) the distiller who bottled the spirits; or

 (ii) the distillery where they were bottled; or

 (b) the distillery letter and State number of the distillery where the spirits were bottled.

 (2) A distiller shall paint or brand on each case in which spirits have been packed:

 (a) the name of the place where the spirits were bottled and the name of:

 (i) the distiller who bottled the spirits; or

 (ii) the distillery where they were bottled; or

 (b) the distillery letter and State number of the distillery where the spirits were bottled.

70 Calculation of quantity of spirits

  The quantity of spirits in any cask or bottle may be calculated by weight, measure, or gauge, as the Collector may direct.

74 Re-vatting stored spirits

  A distiller may, by authority, re-vat in his spirit store, any spirits stored in his spirit warehouse.

75 Gauging of vats

  Vats may be gauged by an officer whenever he deems it necessary.

79 Casks to be marked

  A cask shall not be taken into the spirit warehouse unless it is marked as required by regulation 56.

80 Casks to remain unaltered

  None of the particulars on a cask shall be altered in any way whilst in the spirit warehouse, except by permission of the Collector under regulation 56.

81 Arrangement of casks

  Casks must be arranged, stacked, or stowed so that an officer may pass easily between every tier.

82 Leakage of spirits

  Where spirits leak from a cask in a distillery, the distiller shall, as soon as possible after the discovery of the leakage:

 (a) cause the cask to be repaired so as to prevent further leakage;

 (b) ascertain the quantity of spirits that has leaked from the cask; and

 (c) inform the Collector of the occurrence of the leakage and of the quantity of spirits lost.

87 Additives not permitted

  Nothing shall be added to spirits in the spirit warehouse.

90 Duty paid on spirits

  All spirits in the spirit warehouse upon which the duty has been paid must be removed forthwith from the distillery.

93 Methylated spirits

  Spirits may be methylated and entered for home consumption in a distillery as in the case of spirits warehoused under the Customs Act 1901-1925.

94 Application for vigneron’s licence

  The application for a vigneron’s licence shall be in accordance with Form 1, and shall comply with all the requirements indicated therein.

95 Fee for vigneron’s licence application

 (1) A vigneron’s licence shall be in accordance with Form 13.

 (2) The annual fee for a vigneron’s licence is nil.

96 Security — application for vigneron’s licence

 (1) The security required to be given by section 18 of the Act in respect of an application for a vigneron’s licence shall be in accordance with Form 14.

 (2) The amount of the security referred to in subregulation (1) shall be such amount, being not less than One thousand dollars and not more than Ten thousand dollars, as the Collector determines.

97 Granting or renewal of vigneron’s licence

  A vigneron’s licence shall only be granted or renewed in respect of:

 (a) a pot still capable of containing more than 1,100 litres but less than 2,750 litres; or

 (b) a continuous still capable of exhausting more than 200 litres but less than 700 litres of wine in an hour.

116 Application for experimenter’s licence

  An application for an experimenter’s licence shall be in accordance with Form 1.

116A Fee for experimenter’s licence application

  The annual fee for an experimenter’s licence is nil.

117 Security-application for experimenter’s licence

  The security required to be given by section 18 of the Act in respect of an application for an experimenter’s licence shall be in accordance with the following scale, namely, not less than $10 and not more than $1000 as the Collector determines.

118 Form of experimenter’s licence

  An experimenter’s licence shall be in accordance with Form 2.

119 Number of experimenters’ licences

  The number of experimenters’ licences that may be in force at any one time is 50.

127 Dealing with samples

 (1) A sample taken or obtained by an officer under the provisions of section 63 or section 71 of the Distillation Act 1901 shall be dealt with in the following manner:

 (a) The officer taking or obtaining the sample shall, in the presence of the person or the agent or servant of the person from whom the sample is taken or obtained, divide the sample into three equal parts and label or mark and securely seal each part; and

 (b) the officer shall hand one part to the owner or the agent or servant, deliver for report another part to an analyst approved by the Collector, and retain the third part for further examination, if necessary.

 (2) Delivery of the part to the analyst may be effected personally or by sending the part by registered post addressed to the analyst at the analyst’s usual address, or in such other manner as the Collector approves.

 (3) In the event of any dispute as to the identity of the part received by the analyst the burden of proof shall lie upon the person complaining.

 (4) The production of a certificate of analysis of the part purporting to be signed by the analyst shall be sufficient evidence of the identity of the part and of the result of the analysis, without proof of the signature of the person purporting to have signed the certificate.

128 Declarations

 (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 a written authority from the principal for whom the agent claims to act, and in default of the production of such authority may refuse to recognize 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 to the pecuniary punishment provided by the Act or these regulations, as if such declaration had been made by the principal.

 (4) An authority under this regulation may be according to Form 21.

129 Forms and tables

  The forms and tables prescribed by or referred to in these regulations are those in the accompanying Schedule.

134 Repeal

  The Distillation Regulations 1913 (Statutory Rules 1913, No. 343, as amended by Statutory Rules 1920, Nos. 41, 184, 214; 1921, No. 38; 1925, Nos. 9, 27, 111, 145) are repealed.

Schedule  

Form 1 Application for licence to distil spirits

(regulations 2, 94 and 116)

Commonwealth of Australia

Distillation Act 1901

.................Place

.................Date

(State place or town and street)

A ground plan displaying the whole of these premises and showing the name and position on the premises of each building that is to be used for operations subject to the Distillation Act 1901 is attached.

Full name of applicant .................................

Address ...........................................

Present occupation ....................................

.......................

Signature of Applicant

Form 2 Experimenter’s licence

(regulation 118)

Commonwealth of Australia

Distillation Act 1901

This licence is issued to                      and, subject to the Distillation Act 1901 and to the Distillation Regulations 1926, authorises the licensee to distil spirits from any material for the purpose of research into the production or use of fuel ethanol (being denatured ethanol for use as a fuel in internal combustion engines), including research relating to the development of technology for such production or use.

Unless previously cancelled, this licence shall remain in force until 31 December 20              , but may be renewed in accordance with section 22 of that Act.

Dated this day of 20 .

 Collector

Form 3 Spirit-maker’s general licence

(regulation 3)

Commonwealth of Australia

Distillation Act 1901

This licence is issued to  upon the condition that the licensee complies with the Distillation Act 1901 and the Regulations thereunder relating to spirit-makers’ licences, and authorises the licensee to distil spirits on the licensee’s premises situated at              .

Unless previously cancelled, this licence shall remain in force until 31st December 20              , but may be renewed in accordance with section 22 of the Distillation Act 1901.

Dated this day of 20 .

Collector

Form 4 Security — spirit maker’s general licence

(regulation 4)

COMMONWEALTH OF AUSTRALIA

Distillation Act 1901

Excise Act 1901

SECURITY

SPIRIT MAKER’S GENERAL LICENCE

BY THIS SECURITY the Subscribers are, pursuant to the Distillation Act 1901 and the Excise Act 1901, bound to the CEO (as defined in those Acts) in the sum of              subject only to this

condition that if who is an applicant for a Spirit-maker’s General Licence under the Distillation Act 1901, authorizing the Licensee to distil Spirits from any material, complies with the provisions of that Act and any amendment thereof or any Act passed in substitution therefor and the Regulations for the time being in force thereunder, so long as the applicant holds a Spirit-maker’s General Licence thereunder then this security shall be thereby discharged.*

Dated at the day of 20 

*Note   If liability is not intended to be joint and several and for the full amount, here state what is intended, as for example, thus: “The liability of the subscribers is joint only”, or “The liability of (mentioning subscribers) is limited to (here state amount of limit of liability or mode of ascertaining limit).”

Form 5 Wine distiller’s licence

(regulation 3)

Commonwealth of Australia

Distillation Act 1901

This licence is issued to upon the condition that the licensee complies with the Distillation Act 1901 and the Regulations thereunder relating to wine distillers’ licences and authorises the licensee to distil spirits from wine or lees of wine on the licensee’s premises situated at

Unless previously cancelled, this licence shall remain in force until 31st December 20              , but may be renewed in accordance with section 22 of the Distillation Act 1901.

Dated this day of 20 .

Collector

Form 6 Security — wine distiller’s licence

(regulation 4)

COMMONWEALTH OF AUSTRALIA

Distillation Act 1901

Excise Act 1901

SECURITY

WINE DISTILLER’S LICENCE

BY THIS SECURITY the Subscribers are, pursuant to the Distillation Act 1901 and the Excise Act 1901, bound to the CEO (as defined in those Acts) in the sum of              subject only

to this condition that if who is an applicant for a Wine Distiller’s Licence under the Distillation Act 1901 authorizing the licensee to distil Spirits from wine or lees of wine, complies with that Act and any amendment thereof or any Act passed in substitution therefor and the Regulations for the time being in force thereunder so long as the applicant holds a Wine Distiller’s Licence thereunder then this security shall be thereby discharged.*

Dated at the day of 20 .

*Note   If liability is not intended to be joint and several and for the full amount, here state what is intended as for example, thus: “The liability of the subscribers is joint only,” or “The liability of (mentioning subscribers) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.

Form 13 Vigneron’s licence

(regulation 95)

Commonwealth of Australia

Distillation Act 1901

This licence is issued to upon the

condition that the licensee complies with the Distillation Act 1901 and the Regulations thereunder relating to vigneron’s licences and authorises the licensee to distil spirits from wine or lees of wine on the licensee’s premises situated at              for the purpose of fortifying wine.

Unless previously cancelled, this licence shall remain in force until 31st December 20              , but may be renewed in accordance with section 22 of the Distillation Act 1901.

Dated this day of 20 .

Collector

Form 14 Security — vigneron’s licence

(regulation 96)

COMMONWEALTH OF AUSTRALIA

Distillation Act 1901

Excise Act 1901

SECURITY

VIGNERON’S LICENCE

By this Security the Subscribers are, pursuant to the Distillation Act 1901 and the Excise Act 1901, bound to the CEO (as defined in those Acts) in the sum of              subject only to this condition that if

 who is an applicant for a Vigneron’s Licence under the Distillation Act 1901 authorizing the Licensee to distil spirits from wine or lees of wine for the purpose of fortifying wine, complies with that Act and any amendment thereof or any Act passed in substitution therefor and the Regulations for the time being in force thereunder so long as the applicant holds a Vigneron’s Licence thereunder then this security shall be thereby discharged.*

Dated at the day of 20 .

*Note   If liability is not intended to be joint and several and for the full amount, here state what is intended, as for example, thus: “The liability of the subscribers is joint only,” or, “The liability of (mentioning subscribers) is limited to (here state amount of limit of liability or mode of ascertaining limit)”.

Form 21 Authority to agent to sign declarations

(regulation 128)

COMMONWEALTH OF AUSTRALIA

Distillation Act 1901

(a) hereby authorizes (b)              

(whose signature appears below) to sign as its agent forms containing declarations required under the Distillation Regulations 1926. 

Dated the day of 20 .

In witness whereof the Common Seal of the (c) was affixed hereto in the presence of

To the Collector

  Signature of person authorized

(a) Here insert name of principal.

(b) Here insert name of person authorized.

(c) Here insert “Company,” “Corporation,” or as the case may be.

Notes to the Distillation Regulations 1926

Note 1

The Distillation Regulations 1926 (in force under the Distillation Act 1901) as shown in this compilation comprise Statutory Rules 1926 No. 206 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments