Distillation Regulations (Amendment)

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Legislation au F1996B01733 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No.  .

 

REGULATIONS UNDER THE DISTILLATION ACT 1901-1934.*

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 Distillation Act 1901-1934.

Dated this eleventh day of December, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

 

Amendments of the Distillation Regulations.†

1. Regulation 6 of the Distillation Regulations is amended—

(a) by omitting the words “in accordance with Form 7”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) The notice book shall be—

(a) in the case of a holder of a Spirit-maker’s General Licence in accordance with Form 7; and

(b) in the case of a holder of a Wine Distiller’s Licence—in accordance with Form. 7a.’’.

2. Regulation 51 of the Distillation Regulations is amended—

(a) by inserting at the end of paragraph (a) the following proviso:—

“Provided that the Collector may permit vessels of smaller capacity to be used for storing vat ullages until such time as the ullages may be conveniently removed to the spirit warehouse or blended with other spirit in the spirit store, but in no case for a longer period than the period (if any) specified by the Collector when granting permission.”; and

(b) by inserting in paragraph (b), before the word “Erected”, the words “Unless otherwise permitted by the Collector,”.

* Notified in the Commonwealth Gazette on     , 1940.

† Statutory Rules 1926, No. 206, as amended by Statutory Rules 1927, No. 91; 1929, No. 105; and 1934, No. 71.

6197.—12/26.11.1940.—Price 3d.


3. Regulation 68 of the Distillation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Where spirits for export are contained in bottles or flasks to which a label has been affixed correctly indicating the name of the distiller, or the name of the distillery, and the place where the spirits were distilled, the Collector may, upon application by the distiller, direct that it shall not be necessary for the case to be branded or painted in accordance with the last preceding sub-regulation.”.

4. Regulation 84 of the Distillation Regulations is repealed.

5. Regulation 85 of the Distillation Regulations is amended by omitting the words “by the surrender of the existing certificate and the issue of a new certificate,”.

6. Regulation 89 of the Distillation Regulations is amended by omitting the words “, on surrender of the warehousing certificate,”.

7. Regulation 110 of the Distillation Regulations is amended by omitting the words “who shall issue a certificate in accordance with Form 17,”.

8. Regulation 111 of the Distillation Regulations is amended by omitting the words “with the certificate”.

9. The Schedule to the Distillation Regulations is amended—

(a) by omitting Form 3 and inserting in its stead the following form:—

“Form 3.

Commonwealth of Australia.

Distillation Act 1901-1934.

Reg. 3.     SPIRIT-MAKER’S GENERAL LICENCE.

This licence is issued to   upon the condition that he complies with the Distillation Act 1901-1934 and the Regulations thereunder relating to spirit-makers’ licences, and authorizes him to distil spirits upon his premises situated at              .

Unless previously cancelled, this licence shall remain in force until 31st December, 19 , but may be renewed in accordance with section 22 of the Distillation Act 1901-1934.

Dated this   day of  , 19  .

Collector of Customs for the State of                            .”;

(b) by omitting Form 5 and inserting in its stead the following form:—

“Form 5.

Commonwealth of Australia.

Distillation Act 1901-1934.

Reg. 3.     WINE DISTILLER’S LICENCE.

This licence is issued to   upon the condition that he complies with the Distillation Act 1901-1934 and the Regulations thereunder relating to wine distillers’ licences and authorizes him to distil spirits from wine or lees of wine only upon his premises situated at

Unless previously cancelled, this licence shall remain in force until 31st December, 19 , but may be renewed in accordance with section 22 of the Distillation Act 1901-1934.

Dated this     day of     , 19 .

Collector of Customs for the State of                                          .”;


(c) by inserting in Form 7, below the heading “NOTICE BOOK”, the words “Spirit-maker’s General Licence.’’;

(d) by inserting after Form 7 the following form :—

“Form 7a.

Commonwealth of Australia.

Distillation Act 1901-1934.

NOTICE BOOK.

Reg. 6.     Wine Distiller’s Licence.

………………………….Distillery.

Date of Notice.

Hour.

No. of Charge.

Dried Grapes.
Cwt.

Gallons to be Distilled.

Percentage of Proof Spirit.

Signature of Distiller or his Servant.

Currants.

Raisins.

Wine.

Dried Grape Wash.

 

 

 

 

 

 

 

 

 

(e) by omitting Form 10;

(f) by omitting from Form 11 the words “No. of Certificate.” and the column thereunder;

(g) by omitting Form 13 and inserting in its stead the following form:—

“Form 13.

Commonwealth of Australia.

Distillation Act 1901-1934.

Reg. 95.    VIGNERON’S LICENCE.

This licence is issued to   upon the condition that he complies with the Distillation Act 1901-1934 and the Regulations thereunder relating to vigneron’s licences and authorizes him to distil spirits from wine or lees of wine only upon his premises situated at                                           for the purpose of fortifying his wine.

Unless previously cancelled, this licence shall remain in force until 31st December, 19  , but may be renewed in accordance with section 22 of the Distillation Act 1901-1934.

Dated this   day of  , 19 .

Collector of Customs for the State of                            .”; and

(h) by omitting Form 17.

 

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

Overview

The Distillation Act 1901-1934 was enacted to regulate the distillation of spirits in Australia, aiming to ensure compliance with legal standards and facilitate trade in distilled spirits. This legislation was overseen by the Parliament of Australia, reflecting a policy objective to maintain control over the distillation process and associated licensing, particularly in the context of trade and customs. The 1940 Regulations under this Act introduced amendments to streamline and modernise the regulatory framework, including updates to the types of licences required for distillers and the conditions under which they could operate. These changes were made to address the evolving needs of the industry and to enhance the efficiency of the regulatory process, ensuring that it remains effective and relevant.

Scope and Application

The Regulations under the Distillation Act 1901-1934, as amended, apply to entities and individuals involved in the distillation of spirits within the Commonwealth of Australia. These regulations primarily pertain to the licensing, record-keeping, and storage requirements for distilleries, including spirit makers, wine distillers, and vignerons. The amendments to the regulations modify the conditions for maintaining notice books, the permissible storage capacities for vat ullages, and the branding requirements for exported spirits. The amendments also include changes to the forms and procedures for issuing and renewing various distillation licenses. The regulations extend to the entire Commonwealth, with specific provisions that may vary by state or territory. Some exclusions and exemptions are present, such as the option for the Collector to permit the use of smaller vessels for storing vat ullages under certain conditions. The application and scope of the Act can be further extended or restricted through subordinate instruments, as necessary.

Key Provisions

The key provisions of the Distillation Regulations under the Distillation Act 1901-1934, as amended by Statutory Rules 1940, No. 1940, introduce changes to the regulatory framework governing the distillation industry. Firstly, Regulation 6 is modified to specify that the notice book must be kept in accordance with either Form 7 or Form 7a, depending on whether the licence holder is a spirit-maker or a wine distiller (Regulation 6(2)). Secondly, Regulation 51 is amended to allow the Collector to permit the use of smaller capacity vessels for storing vat ullages under certain conditions, and to clarify that certain requirements apply unless otherwise permitted by the Collector (Regulation 51(a), proviso and Regulation 51(b)). Thirdly, Regulation 68 is amended to allow the Collector to exempt cases of spirits for export from branding or painting if the bottles or flasks are correctly labelled (Regulation 68(2)). Furthermore, Regulation 84 is repealed, and several other regulations are amended to streamline the certification and licensing processes. The obligations imposed by these regulations on the parties governed by the Distillation Act 1901-1934 include maintaining the required notice books in the specified formats, complying with conditions set forth in their licences, and adhering to the Collector’s permissions and directives regarding the storage and labelling of distilled products. Licence holders must also ensure that any vessels used for storing vat ullages meet the stipulated conditions and durations as permitted by the Collector. Additionally, distillers applying for exemptions from case branding must ensure that the spirits are correctly labelled with the necessary details. Failure to comply with these regulations may result in various consequences. While the specific penalties are not detailed within the legislative instrument itself, breaches of regulations under the Distillation Act 1901-1934 could potentially lead to enforcement actions, fines, or other penalties as prescribed by the Act and its associated regulations. It is important for licence holders to strictly adhere to these provisions to avoid any legal repercussions.

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