Distillation Regulations (Amendment)

Administered by Department of the Treasury

Legislation au F1996B01752 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1962. No. 110

REGULATIONS UNDER THE DISTILLATION ACT 1901–1956.*

I, THE Administrator of the Government of 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 1901–1956.

Dated this 

day of , 1962.

By His Excellency’s Command,

Minister of State for Customs and Excise.

Amendments of the Distillation Regulations., †

1. Regulation 2 of the Distillation Regulations is amended by omitting the words “in duplicate”.

2. Regulation 3 of the Distillation Regulations is repealed and the following regulation inserted in its stead:—

“3. A licence shall be in accordance with Form 3 or Form 5.”.

3. Regulation 5 of the Distillation Regulations is amended by omitting sub-paragraph (iv) of paragraph (c).

4. Regulation 25a of the Distillation Regulations is repealed.

5. Regulation 31 of the Distillation Regulations is repealed and the following regulation inserted in its stead:—

“31.—(1.) A distiller shall not convey any beer, wine or wash to a still unless he has given notice of his intention to do so.

(2.) Where notice is given under the last preceding sub-regulation the officer may direct the distiller not to convey the beer, wine or wash to the still until the officer has assessed the quantity to be removed.”.

6. Regulation 44 of the Distillation Regulations is amended by omitting sub-regulations (2.), (3.) and (4.).

* Notified in the Commonwealth Gazette on 13 December, 1962.

† Statutory Rules 1926, No. 206, as amended by Statutory Rules 1927, No. 91; 1929, No. 105; 1934, No. 71; 1940, No. 281; 1946, Nos. 34, 76 and 123; 1947, Nos. 26, 84 and 141; 1948, No. 96; 1949, No. 97; 1951, Nos. 80 and 105; 1952, No. 98; 1954, Nos. 23 and 108; 1955, No. 64; 1956, No. 129; 1957, No. 14; 1960, No. 28; and 1961, No. 62.

2306/62.—Price 5d. 10/2.11.1962.


7. Regulations 46 and 47 of the Distillation Regulations are repealed.

8. Regulation 68 of the Distillation Regulations is repealed and the following regulation inserted in its stead:—

“68.—( 1.) A distiller shall label every bottle and flask containing 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.”.

9. Regulation 73 of the Distillation Regulations is amended by inserting after the word “ distiller ” the words “unless they are to be removed from the distillery forthwith”.

10. Regulation 85 of the Distillation Regulations is amended by omitting the word “three” and inserting in its stead the word “five”.

11. Regulation 89 of the Distillation Regulations is repealed.

12. Regulation 92 of the Distillation Regulations is repealed.

13. Regulation 94 of the Distillation Regulations is amended by omitting the words “in duplicate”.

14. Regulation 95 of the Distillation Regulations is repealed and the following regulation inserted in its stead:—

“95. A licence shall be in accordance with Form 13.”.

15. Regulations 111 and 112 of the Distillation Regulations are repealed.

16. Regulation 130 of the Distillation Regulations is amended—

(a) by omitting from sub-regulation (1.) the words and figures “regulations 131 and 132” and inserting in their stead the word and figures “regulation 131”; and


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

“ (4.) For the purpose of this regulation ‘ public holiday ’ means, in relation to a Distillery or Vigneron’s premises, a day observed in the place at which the Distillery or Vigneron’s premises are situated as a holiday under section 76 of the Public Service Act 1922–1960.”.

17. Regulations 131 and 132 of the Distillation Regulations are repealed and the following regulation is inserted in their stead:—

“131. The Collector may permit work to be performed on a prescribed working day outside the prescribed working hours or otherwise than on a prescribed working day for such time and, subject to regulation 133 of these Regulations, upon such conditions as he thinks fit.”.

18. Regulation 133 of the Distillation Regulations is amended by omitting the proviso to sub-regulation (1.).

19. Regulation 134 of the Distillation Regulations is repealed.

20. The Schedule to the Distillation Regulations is amended by omitting Forms 1 and 2 and inserting in their stead the following Form:—

Regs. 2 and 94.

Form 1.

Commonwealth of Australia.

Distillation Act 1901–19   .

APPLICATION FOR A LICENCE TO DISTIL SPIRITS.

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

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

Spirit Maker’s General

I hereby apply for a Wine Distiller’s licence to distil spirits at premises situated

Vigneron’s

at

(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 is attached.

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

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

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

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

Signature of Applicant.

21. The Schedule to the Distillation Regulations is amended by omitting Forms 7 and 7a and inserting in their stead the following Forms:—

Reg. 6.

Form 7.

Commonwealth of Australia.

Distillation Act 1901–19  .

NOTICE BOOK.

Spirit Maker’s General Licence.

Distillery.

Date.

Time.

Type of Material.

Notice to Distil Wine, Wash or Beer.

Signature of Distiller or his Servant.

Number of Charge.

Charger Number.

Dip in Inches.

Gallons of Wine.

Gallons of Wash.

Gallons of Beer

Percentage of Proof Spirit.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Use a separate Column for each type of material used, inserting, at the head of the Column, the name of that material and, opposite to the date and time of giving notice, the quantity, in bushels or hundredweights, of the material used.)

 

 

 

 

 

 

 

 


Reg. 6.

Form 7a.

Commonwealth of Australia. Distillation Act 1901–19  .

NOTICE BOOK.

Wine Distiller’s Licence.  Distillery.

Date.

Time.

Number of Charge.

Charger Number.

Dip in Inches.

Dried Grapes Cwts.

Gallons to be Distilled.

Percentage of Proof Spirit.

Signature of Distiller or his Servant.

Wine.

Dried Grape Wash.

 

 

 

 

 

 

 

 

 

 

22. The Schedule to the Distillation Regulations is amended by omitting Form 12.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Distillation Act 1901–1956 was enacted to regulate the distillation of spirits in Australia. This Act, administered by the Parliament of Australia, aimed to fill the gap by establishing a framework for the distillation process, including the licensing of distillers, the regulation of distilling activities, and the imposition of excise duties on distilled spirits. The accompanying Statutory Rules of 1962, made under the authority of the Distillation Act, introduced amendments to the existing Distillation Regulations to refine the regulatory framework further. These changes aimed to enhance the efficiency and effectiveness of the regulatory process, ensuring compliance and maintaining the integrity of the distillation industry.

Scope and Application

The Distillation Regulations, as amended by Statutory Rules 1962, No. 110, pertain to the regulation of the distillation of spirits in Australia. These regulations apply to distillers who wish to operate within the Commonwealth and must comply with the provisions outlined in the Distillation Act 1901–1956. The regulations govern the processes, licensing, and labelling of spirits produced in distilleries. Distillers must obtain a licence to operate, and there are specific requirements for the format and content of these licences, as well as for the labelling of bottles and cases containing spirits. The regulations also mandate that distillers must provide notice of their intention to convey beer, wine, or wash to a still before doing so, allowing for assessment by an officer. Additionally, the regulations specify the labelling requirements for spirits to indicate their origin and bottling details. These regulations are applicable nationally across Australia, enforced by the Commonwealth, and are subject to further elaboration and specific application through subordinate instruments such as forms and notices detailed in the Schedule to the Regulations.

Key Provisions

The main operative sections of these Regulations pertain to amendments and replacements of existing provisions under the Distillation Act 1901–1956. Section 2 removes the requirement for duplicate submissions, while Regulation 3 specifies that a licence must adhere to either Form 3 or Form 5. Regulation 5 has been amended by removing sub-paragraph (iv) of paragraph (c). Regulation 25a and Regulation 31 have been repealed and replaced with new regulations, with the latter requiring distillers to notify an officer of their intention to convey beer, wine, or wash to a still, and allowing the officer to direct the distiller not to proceed until the officer has assessed the quantity to be removed. Regulation 44 has been amended by removing sub-regulations (2), (3), and (4). Regulations 46 and 47 have been repealed, and Regulation 68 has been replaced to require distillers to label bottles and flasks of spirits with specific wording and information, and to paint or brand cases of spirits with similar information. Regulation 73 has been amended to allow for certain removals from the distillery without the need for a distiller's presence. Regulation 85 has been amended to increase the number of days required for certain notices from three to five. Regulation 89 and Regulation 92 have been repealed, and Regulation 95 has been replaced with a new regulation that a licence must adhere to Form 13. Regulations 111 and 112 have been repealed, and Regulation 130 has been amended to remove references to repealed regulations and add a definition of 'public holiday'. Regulations 131 and 132 have been repealed and replaced with a new regulation that allows the Collector to permit work to be performed on prescribed working days outside of prescribed working hours or on non-prescribed working days. Regulation 133 has been amended by removing a proviso to sub-regulation (1), and Regulation 134 has been repealed. The Schedule to the Regulations has been amended by omitting certain forms and inserting new forms. The obligations and requirements imposed by these Regulations on the parties or entities governed by them include providing notices of intention to convey beer, wine, or wash to a still, labelling bottles and flasks of spirits with specific information, painting or branding cases of spirits with similar information, and adhering to specific forms for licences and notices. Distillers are also required to give notice to an officer before conveying beer, wine, or wash to a still, and to comply with any direction given by the officer to delay the conveyance until the officer has assessed the quantity to be removed. Breach of these Regulations may result in civil or criminal consequences, including penalties. The maximum penalties for breach of these Regulations are not specified in the text. However, the Regulations do state that the Collector may permit work to be performed on prescribed working days outside of prescribed working hours or on non-prescribed working days, and that work on public holidays may be permitted under certain conditions. Failure to comply with these Regulations may result in legal action being taken against the parties or entities governed by them.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.