Distillation Regulations (Amendment)

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Legislation au F1996B01755 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1966 No. 72

 

REGULATIONS UNDER THE DISTILLATION ACT 1901-1956.*

I, THE GOVERNOR-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 twenty-fifth day of March, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Customs and Excise.

 

Amendments of the Distillation Regulations†

1. Regulation 5 of the Distillation Regulations is amended—

(a) by omitting from paragraph (n) the word “ Every” and inserting in its stead the words “Unless the Collector by writing under his hand otherwise permits, every”;

(b) by omitting from paragraph (p) the words “ the officer ” and inserting in their stead the words “an officer”; and

(c) by omitting from paragraph (s) the words “, such lock to be supplied by the Collector at the expense of the distiller” and inserting in their stead the words “being a lock supplied by the Collector at the expense of the distiller or a lock approved by the Collector and provided by the distiller”.

2. After Regulation 5 of the Distillation Regulations the following heading and regulation are inserted:—

“Exemption from Certain Provisions.

“5a.—(1.) Where—

(a) by a provision of these Regulations, a distiller is required—

(i) to carry out an operation in the presence of, or under the supervision of an officer; or

(ii) before carrying out an operation or doing an act, to give notice;

(b) the Collector is satisfied that the distiller keeps records that show—

(i) details of the receipt, use and disposal of all materials capable of being used in the process of distillation;

[

* Notified in the Commonwealth Gazette on 31 March, 1966.

† 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 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, 1960, No. 28; 1961, No. 62; 1962, No. 110; 1963, No. 148; and 1965, No. 196.

14621/65.—Price 8c (9d.) 10/11.3.1966


(ii) details of spirits produced, stored or moved at, or disposed of from, the distillery; and

(iii) details of the production and disposal of all products other than spirits produced during the process of distillation; and

(c) the methods adopted, and the precautions taken, by the distiller are, in the opinion of the Collector, such as to render the carrying out of the operation under the supervision of an officer or the giving of the notice unnecessary,

the Collector may, by writing under his hand, exempt the distiller from compliance with such a provision, and, while the exemption remains in force, the distiller is not required to comply with the requirements of that provision.

“(2.) Nothing in the last preceding sub-regulation authorizes the Collector to exempt a distiller from compliance with regulation 31 of these Regulations.

“(3.) A distiller to whom an exemption has been given under sub-regulation (1.) of this regulation shall furnish to the Collector, at such times as the Collector requires and in a form approved by the Collector, such returns relating to the details referred to in paragraph (b) of that sub-regulation as the Collector directs.”.

3. Regulations 6, 7 and 8 of the Distillation Regulations and the heading immediately preceding regulation 6 are repealed.

4. Regulation 30 of the Distillation Regulations is amended by omitting the words “the officer” and inserting in their stead the words “an officer”.

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

“31.—(1.) A distiller shall, for the purposes of these Regulations, keep at the distillery a notice book supplied by the Collector or provided by the distiller in a form approved by the Collector.

“(2.) A distiller shall not convey any beer, wine or wash to a still unless he has entered in the notice book a notice of his intention to do so by recording in the notice book the prescribed particulars and unless the entry has been signed by the distiller or an employee of the distiller authorized by the distiller.

“(3.) For the purposes of the last preceding sub-regulation, the prescribed particulars are—

(a) the date on which, and time at which, the distiller proposes to commence distillation;

(b) the quantity of each type of material that has been used in producing the wine, dried grape wash, wash or beer to be distilled;

(c) the means of identification, by the number of each charge and each charger number, of the wine, dried grape wash, wash or beer to be distilled;

(d) the dip in inches in each charger; and

(e) the quantity and percentage proof spirit of the wine, dried grape wash, wash or beer to be distilled.


“(4.) Where notice has been entered in the notice book in accordance with sub-regulation (2.) of these Regulations, an 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 41 of the Distillation Regulations is repealed and the following regulation inserted in its stead:—

“41. Except where the distiller has been exempted under regulation 5a of these Regulations from compliance with the last preceding regulation, at the time specified in the notice given under the last preceding regulation, an officer shall attend and, after the officer has taken an account of the contents of the receiver and removed the fastenings of the pumps or discharge cock, the distiller may remove the contents of the receiver from the receiver and convey them—

(a) if low wines or feints—into the proper charger or still; or

(b) if spirits—into a vat in the spirit store.”.

7. Regulation 42 of the Distillation Regulations is amended by omitting the words “by the officer” and inserting in their stead the words “from a receiver”.

8. Regulation 43 of the Distillation Regulations is amended by omitting the words “the officer” and inserting in their stead the words “an officer”.

9. Regulation 66 of the Distillation Regulations is repealed and the following regulation inserted in its stead:—

“66. A distiller shall not, except with the approval of the Collector, bottle spirits in his distillery unless he has given not less than twenty-four hours’ notice of his intention so to do.”.

10. Regulation 67 of the Distillation Regulations is amended by omitting the words “imperial or reputed quart or pint” (wherever occurring) and inserting in their stead the words “quart, reputed quart, pint or reputed pint”.

11. Regulation 71 of the Distillation Regulations is amended—

(a) by omitting the words “the officer” and inserting in their stead the words “an officer”; and

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

“(2.) Where a distiller to whom a Collector has given an exemption under regulation 5a of these Regulations has brought a quantity of colouring matter into his distillery and makes application under the last preceding sub-regulation, the Collector may grant to the distiller permission to use the colouring matter in the colouring of spirit in his distillery until the quantity has been used without the necessity of the distiller applying for permission to use the colouring matter in colouring spirit on each occasion that he proposes to do so.”.

12. Regulation 72 of the Distillation Regulations is amended—

(a) by omitting the words “the officer” and inserting in their stead the words “an officer”; and


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

“(2.) Where a distiller to whom a Collector has given an exemption under regulation 5a of these Regulations has brought a quantity of flavouring into his distillery and makes application under the last preceding sub-regulation, the Collector may grant to the distiller permission to use the flavouring in flavouring spirit until the quantity has been used without the necessity of the distiller applying for permission to use the flavouring on each occasion that he proposes to flavour spirit.”.

13. Regulation 76 of the Distillation Regulations is repealed.

14. Regulation 77 of the Distillation Regulations is amended—

(a) by omitting the word “Every” and inserting in its stead the words “Subject to the next succeeding sub-regulation, every”;

(b) by omitting the words “ the officer ” and inserting in their stead the words “an officer”; and

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

“(2.) Where the Collector has granted to a distiller an exemption under regulation 5a of these Regulations, the Collector may, by writing under his hand, direct that the requirement of the last preceding sub-regulation that every door in the spirit store in the distillery be provided with a lock supplied by the Collector, does not apply in relation to the distillery and, while the exemption under that regulation remains in force, that requirement does not apply in relation to that distillery.”.

15. Regulation 82 of the Distillation Regulations is amended by omitting the words “the officer” and inserting in their stead the words “an officer”.

16. Regulation 88 of the Distillation Regulations is amended—

(a) by omitting the word “Every” and inserting in its stead the words “Subject to the next succeeding sub-regulation, every”;

(b) by omitting the words “ the officer ” and inserting in their stead the words “ an officer”; and

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

“(2.) Where the Collector has granted to a distiller an exemption under regulation 5a of these Regulations, the Collector may, by writing under his hand, direct that the requirements of the last preceding sub-regulation that every door in the spirit warehouse in the distillery be provided with a lock supplied by the Collector, does not apply in relation to the distillery and, while the exemption under that regulation remains in force, that requirement does not apply in relation to that distillery.”.

17. Regulation 109 of the Distillation Regulations is amended by omitting from sub-regulation (2.) the words “the officer” and inserting in their stead the words “an officer”.

18. The Schedule to the Distillation Regulations is amended by omitting Forms 7 and 7a.

 

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

Overview

The Distillation Act 1901-1956 was enacted to regulate the distillation industry in Australia, particularly focusing on the production and distribution of spirits. The Act was designed to address issues related to the quality and control of spirits, ensuring that they are produced and managed in a manner that meets certain standards. The Distillation Regulations 1966, made under the authority of the Act, further refine and enforce the provisions of the Act. These regulations were introduced to update and clarify the legal framework governing the distillation industry, addressing administrative and operational aspects to enhance compliance and efficiency. The Regulations were enacted by the Governor-General in accordance with the Federal Executive Council's advice, reflecting a policy objective to streamline operations while maintaining stringent oversight of the distillation process.

Scope and Application

The Distillation Regulations, as amended by the Statutory Rules 1966 No. 72, apply to distillers within the Commonwealth of Australia and govern the processes and requirements associated with the distillation of alcohol. These regulations are made under the authority of the Distillation Act 1901-1956 and are applicable to all distillers who are involved in the distillation of alcohol. The regulations cover a range of requirements including the presence of officers during distillation processes, the necessity for distillers to give notice of operations, and the keeping of detailed records regarding the materials used, spirits produced, and other products resulting from the distillation process. The Collector, who is an authorised officer, has the authority to grant exemptions from certain regulatory provisions if satisfied that the distiller maintains adequate records and employs sufficient methods and precautions to ensure compliance without direct supervision. However, certain exemptions cannot be granted, such as those pertaining to Regulation 31. The regulations also detail specific requirements for notice books, the bottling of spirits, and the use of colouring and flavouring agents in spirits. Subordinate instruments may extend or restrict the application of these regulations as deemed necessary by the Collector.

Key Provisions

The Distillation Regulations (1966 No. 72) outline several key requirements and exemptions for distillers operating under the Distillation Act 1901-1956. Section 5(a) specifies that distillers must obtain written permission from the Collector before certain operations can be carried out unless exempted under Section 5a, where the Collector can exempt a distiller from specific supervision or notification requirements if they maintain adequate records and follow proper methods. Section 5a(2) explicitly states that this exemption does not apply to the requirements under Regulation 31. Additionally, distillers must keep a notice book as per Regulation 31, recording their intentions to convey beer, wine, or wash to a still, and ensuring the entry is signed by the distiller or an authorised employee. Regulation 41 mandates that an officer must attend at the specified time to assess the distillery's contents before the distiller can remove them. These regulations impose several obligations on distillers, including maintaining comprehensive records as specified under Section 5a(1)(b), keeping a notice book, and ensuring all entries are properly signed. Distillers must also comply with the requirements of Regulation 31, such as recording details of their intended distillation activities and obtaining necessary permissions from the Collector for specific actions like bottling spirits or using colouring matter and flavouring. Exemptions from certain regulations, as provided under Section 5a, come with the requirement to submit specific returns to the Collector as directed. Breach of these regulations can result in various penalties. For example, failure to maintain required records or keep a notice book, or not obtaining necessary permissions from the Collector, could lead to enforcement actions. While the specific penalties are not detailed within the text, non-compliance with the Act and its regulations could generally result in fines, legal proceedings, or other administrative actions. The precise consequences would depend on the nature and severity of the breach, and any additional provisions outlined in the Distillation Act 1901-1956 or related legislation.

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