Statutory Rules 1981 No. 1731
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Distillation Regulations2 (Amendment)
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.
Dated 25 June 1981.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
JOHN MOORE
Minister of State for Business and Consumer Affairs
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Repeal of headings
1. The headings in the Distillation Regulations from and including “Short Title” to and including “REPEAL” are repealed.
2. The Distillation Regulations are amended by inserting after regulation 115 the following regulations:
Application for experimenter’s licence
“116. An application for an experimenter’s licence shall be in accordance with Form 1.
Security—application for experimenter’s licence
“117. The security required to be given by section 18 of the Act in respect of an application for an experimenter’s licence shall be in accordance with the following scale, namely, not less than $10 and not more than $1000 as the Collector determines.
Form of experimenter’s licence
“118. An experimenter’s licence shall be in accordance with Form 2.
Number of experimenters’ licences
“119. The number of experimenters’ licences that may be in force at any one time is 50.”.
Schedule
3. The Schedule to the Distillation Regulations is amended—
(a) by omitting from Form 1—
“Spirit Maker’s General
Wine Distiller’s
Vigneron’s”
and substituting—
“Spirit Maker’s General
Wine Distiller’s
Vigneron’s
Experimenter’s”;
(b) by inserting after Form 1 the following form:
FORM 2
COMMONWEALTH OF AUSTRALIA
Distillation Act 1901
Regulation 118 EXPERIMENTER’S LICENCE
This licence is issued to and, subject to the Distillation Act 1901 and to the Distillation Regulations, authorizes him to distil spirits from any material for the purpose of research into the production or use of fuel ethanol (being denatured ethanol for use as a fuel in internal combustion engines), including research relating to the development of technology for such production or use.
Unless previously cancelled, this licence shall remain in force until 31 December 19 , but may be renewed in accordance with section 22 of that Act.
Dated this day of 19 .
Collector of Customs
for the State of
Further amendments
4. The Distillation Regulations are amended as set out in the Schedule.
SCHEDULE Regulation 4
FURTHER AMENDMENTS OF THE DISTILLATION REGULATIONS
Provision amended | Amendment |
Regulation 2 | Omit “The application”, substitute “An application for a spirit maker’s licence”. |
Sub-regulation 3 (1) | Insert “spirit maker’s” after “A”. |
Sub-regulation 4 (1) | Insert “required to be given by section 18 of the Act in respect of an application for a spirit maker’s licence” after “security”. |
Sub-regulation 4 (2) | Insert “referred to in sub-regulation (1)” after “security”. |
Regulation 94 | Insert “vigneron’s” after “a”. |
Sub-regulation 95 (1) | Insert “vigneron’s” after “A”. |
Sub-regulation 96 (1) | Insert “required to be given by section 18 of the Act in respect of an application for a vigneron’s licence” after “security”. |
Sub-regulation 96 (2) | Insert “referred to in sub-regulation (1)” after “security”. |
1. Notified in the Commonwealth of Australia Gazette on 30 June 1981.
2. Statutory Rules 1926 No. 206 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 165 and see also Statutory Rules 1981 No. 165.
Overview
The Distillation Regulations 1981 (Amendment) were enacted to amend the Distillation Regulations 1926 under the authority of the Distillation Act 1901. The regulations were made by the Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and came into effect on 25 June 1981. The objective of these amendments was to introduce provisions specifically for experimenters involved in research into the production or use of fuel ethanol, including the development of technology for such production or use. The changes included inserting new regulations related to the application, security, and form of experimenter’s licences, and limiting the number of such licences to 50. Additionally, the amendments updated various forms and references within the existing regulations to incorporate the new experimenter’s licence category.
Scope and Application
The Distillation Regulations, amended by Statutory Rules 1981 No. 1731, apply to individuals and entities involved in the distillation of spirits within the Commonwealth of Australia. The amendments focus on the creation and regulation of experimenter's licences, distinct from traditional spirit maker's, wine distiller's, and vigneron's licences. The experimenter's licence, subject to the Distillation Act 1901 and these regulations, permits the distillation of spirits from any material for the purpose of researching the production or use of fuel ethanol, including the development of technology for such production or use. The security required for an experimenter's licence application is set between $10 and $1000, determined by the Collector. The number of such licences that may be active concurrently is capped at 50. This regulatory framework applies nationally, covering all states and territories within the Commonwealth, and is enforced by the Collector of Customs for each state. The regulations do not specify exclusions, exemptions, or thresholds beyond the security and licence quantity requirements. Subordinate instruments may further define the application and enforcement of these regulations.
Key Provisions
The Distillation Regulations 1981 No. 1731 introduce significant changes to the existing Distillation Regulations, primarily focusing on the introduction of an experimenter's licence for individuals involved in the research of fuel ethanol production (sections 116 to 119). Regulation 116 mandates that an application for this licence must follow a specific form, detailed in Form 1. Regulation 117 sets the security amount required for such an application between $10 and $1000, as determined by the Collector. Regulation 118 specifies the form of the experimenter's licence, which authorises the holder to distil spirits for research purposes. Regulation 119 limits the number of experimenter's licences that can be in force at any time to 50.
The Regulations impose several obligations on the parties involved. Applicants for an experimenter's licence must submit their applications in the prescribed form and pay the required security (regulation 116 and 117). The licences themselves must adhere to the specified format (regulation 118), and the total number of licences issued at any given time cannot exceed 50 (regulation 119). These requirements ensure a structured and controlled approach to the issuance of experimenter's licences, facilitating research while maintaining regulatory oversight.
The legislation does not explicitly outline offences or penalties for breaches of the Regulations. However, under the Distillation Act 1901, unauthorised distilling activities can lead to severe penalties, including fines and imprisonment. Given the specific focus of these Regulations on licensing and application procedures, any breaches related to the experimenter's licence might be subject to the general penalties applicable under the Distillation Act, which can include fines and imprisonment depending on the severity of the breach. It is important for individuals and entities to comply with the Regulations to avoid any potential legal consequences.