Distillation Regulations (Amendment)

Overview

The Statutory Rules 1952 No. 98, under the Distillation Act 1901-1952, were enacted by the Governor-General in Council to address the need for updating regulatory measures within the distillation industry. This legislative instrument aims to amend the existing Distillation Regulations by adjusting the financial penalties specified in Regulation 133, reflecting economic changes and ensuring the continued relevance of regulatory standards. The policy objective of these amendments is to maintain effective oversight and compliance within the distillation sector, aligning the financial deterrents with contemporary economic conditions. The regulations were issued by the Governor-General in accordance with the Federal Executive Council’s advice, formalising the adjustment of the penalty from Ten shillings and ninepence to Twelve shillings and sixpence. This legislative action ensures the adaptability of the regulatory framework, thereby supporting the broader legislative intent of the Distillation Act to regulate and oversee the distillation processes in Australia.

Scope and Application

The Legislative Instrument F1996B01744 pertains to the amendment of the Distillation Regulations under the Distillation Act 1901-1952. This regulation is applicable to entities and individuals involved in the distillation industry, specifically targeting the financial transactions and regulatory compliance within that sector. The amendment modifies Regulation 133 by altering the monetary value from Ten shillings and ninepence to Twelve shillings and sixpence, thereby adjusting the financial obligations and thresholds for those engaged in distillation activities. The jurisdiction of this regulation extends across the Commonwealth of Australia, ensuring a uniform application of the financial standards within the industry nationwide. The regulation does not explicitly state exclusions or exemptions, indicating that it applies broadly to all entities operating under the purview of the Distillation Act 1901-1952. The regulation underscores the ongoing legislative oversight and adjustment mechanisms that can be implemented through subordinate instruments to adapt to economic and industrial changes.

Key Provisions

The primary operative section of this Statutory Rules document (Statutory Rules 1952 No. 98) pertains to Regulation 133 under the Distillation Regulations, which is amended to adjust a specific monetary value. Regulation 133(1) now stipulates that the amount previously set at "Ten shillings and ninepence" is to be changed to "Twelve shillings and sixpence." This alteration is a direct modification of the monetary requirement stipulated in the sub-regulation. This amendment imposes an obligation on entities governed by the Distillation Act 1901-1952 to comply with the updated financial stipulations as per the newly adjusted Regulation 133(1). The updated rate must be adhered to in all transactions and compliances that fall under the purview of the Distillation Act and its Regulations. Breach of these updated requirements could potentially lead to penalties, though specific penalties are not detailed in the provided text. However, under the general purview of the Distillation Act and its regulations, non-compliance could result in both civil and criminal consequences. The exact penalties would depend on the nature and severity of the breach, as well as any additional statutory provisions that might apply. In cases of criminal offences, penalties could include fines and imprisonment, while civil penalties might involve monetary fines or other corrective measures as deemed appropriate by the courts.