STATUTORY RULES
1921. No. 38.
REGULATION UNDER THE DISTILLATION ACT 1901-1918.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation, under the Distillation Act 1901-1918, to come into operation forthwith.
Dated this eleventh day of February, 1921.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Trade and Customs.
Amendment of Distillation Regulations 1913.
(Statutory Rules 1913, No. 343, as amended to this date.)
The Schedule to the Distillation Regulations is amended by adding, at the end thereof, the following Form:—
“Form O.
Regulation 120a. Commonwealth of Australia—The Distillation Act 1901-1918.
Authority to Agent to Sign Declarations.
(a) Here insert name of principal.
(b) Here insert name of person authorized.
(a) hereby authorizes (b) (whose signature appears below) to sign as its agent forms containing declarations prescribed by the Distillation Regulations 1913 (Statutory Rules 1913, No. 343, as amended to this date) made under the Distillation Act 1901-1918.
Dated the day of 19
(c) Here insert “Company,” “Corporation,” or as the case may be.
In witness where of the Common Seal of the (c) was affixed hereto in the presence of
To the Collector of Customs at
Signature of person authorized.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1921 No. 38, made under the Distillation Act 1901-1918, were enacted to further regulate the distillation industry, ensuring compliance with existing laws and facilitating smoother administrative processes. This legislative instrument, issued by the Governor-General on behalf of the Commonwealth of Australia, aimed to amend the Distillation Regulations 1913 by introducing a new form, Form O, which permits authorised agents to sign declarations on behalf of the principal. This was intended to address any administrative inefficiencies that arose from the need for principals to physically sign declarations, thus streamlining the process and improving the overall regulation of the distillation industry.
Scope and Application
The Distillation Act 1901-1918 applies to the regulation of the distillation industry within the Commonwealth of Australia. This Act governs entities involved in the distillation process, ensuring compliance with prescribed standards and regulations. The scope of the Act encompasses both individuals and corporations engaged in the distillation of alcoholic beverages, and it is administered nationally across the Commonwealth. The Distillation Regulations 1913, as amended, provide detailed requirements and procedures that must be followed by these entities. The geographic reach of the Act is federal, meaning it applies uniformly across all states and territories of Australia. The Act includes provisions for subordinate instruments that may further define or refine its application, ensuring that regulations remain current and effective in addressing industry practices. While the Act is comprehensive, certain exclusions and exemptions may apply based on specific circumstances, as delineated within the regulations.
Key Provisions
The main operative section of this statutory instrument (Regulation 120a) concerns the amendment to the Distillation Regulations 1913. It introduces a new form, Form O, which serves as an authority for an agent to sign declarations required under the Distillation Regulations 1913 (Schedule). This form is to be used by a principal entity, such as a company or corporation, to authorise an agent to sign forms containing declarations as stipulated in the Distillation Regulations. This addition aims to streamline the process of obtaining necessary declarations by allowing authorised individuals to act on behalf of the principal entity.
Under this regulation, a principal entity must complete Form O, inserting the name of the principal and the authorised person. The form also requires the entity to specify its nature, whether it is a company, corporation, or another form of organisation. The authorised person must then sign the form in the presence of a witness, and the principal entity's common seal must be affixed. This signed and sealed form is subsequently provided to the Collector of Customs, ensuring that the necessary declarations are properly authorised and submitted.
The obligations imposed by this regulation include the requirement for a principal entity to formally authorise an agent to sign declarations on its behalf. This authorisation must be documented on the prescribed Form O and must include the necessary details, such as the names of the principal and the agent, and the nature of the entity. Additionally, the authorised person must sign the form in the presence of a witness, and the entity must affix its common seal to the form. These steps ensure that the declarations are properly authorised and submitted to the appropriate authority.
Failure to comply with the requirements of this regulation may result in legal consequences. While the specific penalties are not detailed in the statutory rules, breaches of regulations under the Distillation Act 1901-1918 generally carry penalties as prescribed by the relevant legislation. These penalties may include fines, imprisonment, or other civil or criminal consequences, depending on the severity of the breach and the specific provisions of the Act and any related legislation.