Distillation Regulations (Amendment)

Overview

Statutory Rules 1947 No. 26, made under the authority of the Distillation Act 1901-1934, was enacted to provide amendments to the Distillation Regulations concerning working days and hours in distilleries and vigneron’s premises. This legislative instrument was created by the Administrator of the Government of the Commonwealth of Australia, acting on advice from the Federal Executive Council, and was notified in the Commonwealth Gazette on 28 February 1947. The primary objective of these regulations is to establish a consistent framework for working hours and days in distilleries and vigneron’s premises to ensure efficient operation while also safeguarding the welfare of workers by limiting hours and providing for overtime charges where applicable.

Scope and Application

This legislative instrument amends the Distillation Regulations, which are part of the broader legislative framework under the Distillation Act 1901-1934. The regulations primarily apply to distilleries and vignerons within the jurisdiction of the Commonwealth of Australia, regulating the working days and hours for these premises. Work is restricted to specific times, generally from 8 a.m. to 5 p.m. on weekdays and 8 a.m. to 12 noon on Saturdays, with exceptions that can be approved by the Collector or the Minister under certain conditions. The Collector holds the authority to adjust working hours and days, including permitting work on public holidays and outside standard hours, subject to specified conditions and additional charges for overtime services. These charges are levied to compensate officers for attendance outside the set working hours and are calculated based on the time spent on these duties, including travel time. The regulations provide a structured approach to managing work schedules in distilleries and vignerons, ensuring compliance with both standard and exceptional working conditions.

Key Provisions

The regulation under the Distillation Act 1901-1934 specifies the working days and hours for distilleries and vigneron's premises (reg. 130). According to this regulation, work can only be carried out on prescribed working days and hours, which are all days except Sundays and public holidays, and from 8 a.m. to 5 p.m. on weekdays, and 8 a.m. to 12 noon on Saturdays (reg. 130(2)). The Collector has the authority to approve deviations from these working days and hours, provided that work does not begin before 7 a.m. on any day (reg. 130(3)). Furthermore, the Minister can permit work on certain holidays such as Sunday, Christmas Day, Good Friday, Anzac Day, and Eight Hours’ Day or Labour Day, for such time and subject to such conditions as they think fit (reg. 131). The Collector can also permit work on any other non-working day for such time and subject to such conditions as they think fit (reg. 132). The regulation imposes several obligations on the parties it governs. Firstly, distilleries and vigneron's premises must adhere to the prescribed working days and hours as outlined in regulation 130. Secondly, if work is to be performed outside of the prescribed working days and hours, the Collector must be consulted and their permission obtained. This includes work performed on public holidays, non-working days, and outside of the specified working hours (reg. 131, 132). Thirdly, if work is performed outside of the prescribed working days and hours, a charge must be paid for the services of each officer required to be in attendance (reg. 133(1)). Failure to comply with the provisions of the regulation may result in various consequences. Firstly, if work is performed outside of the prescribed working days and hours without the Collector's permission, a charge must be paid for the services of each officer required to be in attendance (reg. 133(1)). Secondly, if the charge is not paid, legal action may be taken against the distiller or vigneron. The maximum penalty for non-payment of the charge is not specified in the regulation. However, it is worth noting that the regulation was made under the Distillation Act 1901-1934, which may have its own penalties for non-compliance.