STATUTORY RULES.
1961. No. 62
REGULATIONS UNDER THE DISTILLATION ACT 1901–1956.*
I, THE ADMINISTRATOR of the Government of 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 27 day of April, 1961.
Administrator.
By His Excellency’s Command,
Minister of State for Customs and Excise.
AMENDMENTS OF THE DISTILLATION REGULATIONS.†
1. The Distillation Regulations arc amended by omitting the headings “STILLS FOR PURPOSES OTHER THAN SPIRIT-MAKING” and “INSTRUMENTS” appearing after regulation 115.
2. The Distillation Regulations arc amended by inserting, before regulation 125, the heading “APPROVED HYDROMETER.”.
3. The Schedule to the Distillation Regulations is amended by omitting Form 11 and inserting in its stead the following Form:—
* Notified In the Commonwealth Gazette on 28th April, 1961.
† 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; and 1960, No. 28.
9612/60.—PRICE 3D. 10/8.2.1961.
Regs. 91, 110.
FORM 11.
AUSTRALIAN EXCISE. Warrant No.
Distillation Act 1901–1956.
ENTRY OF SPIRITS FOR HOME CONSUMPTION EX DISTILLERIES.
State of Date
Entered ex Distillery Place
Owner
Vessels and Cases. | Description of Vessel. | Material from which made. | Description of Spirit. | Liquid Gallons. | Strength. | Proof Gallons. | Tariff Item. | Rate of Duty at Proof. | Duty. |
Brand. | No. | By Hydrometer. | Obscuration. | Actual Strength. |
| | | | | | | | | | | | £ | s. | d. |
| | | | | | | | | | | £ | | | |
Total number of packages (in words)
Total amount of duty (in words)
I, , the *distiller/owner make this entry.
Signature.
* Strike out whichever is inapplicable.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
Overview
The Distillation Regulations 1961 were enacted to amend the existing regulations under the Distillation Act 1901–1956. This legislative instrument was created by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The objective of these amendments was to update and refine the existing regulatory framework concerning the distillation of spirits, ensuring it remained relevant and effective in addressing contemporary issues related to the distillation industry. These changes were aimed at improving the regulatory oversight and administrative processes within the industry, thereby facilitating smoother operations for distillers while maintaining the integrity of the excise system.
Scope and Application
The Distillation Regulations under the Distillation Act 1901–1956 govern the distillation industry, applying to distillers and their operations within the Commonwealth of Australia. These regulations specifically pertain to the distillation of spirits, the use of approved hydrometers, and the entry of spirits for home consumption from distilleries, impacting entities involved in the distillation process and the associated taxation and duty requirements. The regulations have a national reach and are applicable across all states and territories of Australia, governing the conduct and transactions of distillers and their operations. The scope of the regulations is further defined through subordinate instruments, which can extend or modify the application of the Act by specifying additional requirements or clarifying existing provisions. Exclusions and exemptions within the regulations primarily focus on certain stills and instruments used for purposes other than spirit-making, as amended by the legislative instrument.
Key Provisions
The main operative sections of the Regulations under the Distillation Act 1901–1956 include amendments to existing headings and the insertion of new forms. Specifically, the headings “STILLS FOR PURPOSES OTHER THAN SPIRIT-MAKING” and “INSTRUMENTS” are omitted from after regulation 115, and the heading “APPROVED HYDROMETER” is inserted before regulation 125 (1, 3). Furthermore, the Schedule is amended by omitting Form 11 and replacing it with a new form (3).
The obligations imposed by these Regulations require distillers or owners to make certain entries when spirits are entered ex distilleries for home consumption. These entries must include details such as the warrant number, the state, the date, the distillery, the place, the owner, the vessels and cases used, the description of the vessel, the material from which it is made, the description of the spirit, the liquid gallons, the strength, the proof gallons, the tariff item, the rate of duty at proof, the duty, the brand, the hydrometer reading, the obscuration, the actual strength, the total number of packages, and the total amount of duty. The entry must be signed by the distiller or owner (3).
Failure to comply with the requirements outlined in the Regulations may result in civil or criminal consequences. While the specific penalties are not stated in the text, it is implied that breaches of these regulations could lead to fines, penalties, or other legal actions as prescribed under the Distillation Act 1901–1956 and related statutes.