STATUTORY RULES.
1906. No. 115.
REGULATIONS UNDER THE DISTILLATION ACT 1901.
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, to come into operation forthwith.
Dated this eleventh day of December, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
WILLIAM JOHN LYNE.
Contents and Marking of Casks.
Regulation 48 of the Distillation Regulations, Schedule III., Distillation Act 1901, is hereby amended by the addition of the following words, viz.:—
“The Collector may, on the application of a purchaser of the spirits, permit the erasure from the casks of the name of the distiller or of the distillery, and of the place where the distillery is situated, and the substitution of the trade name and mark of the purchaser, provided that the bond marks are preserved undefaced, and that the words ‘Made in Australia’ are legibly cut, or branded, or painted in oil colours on the casks.”
Regulation 69 of the Distillation Regulations, Schedule III., Distillation Act 1901, is hereby cancelled, and the following Regulation is substituted in place thereof:—
Regulation 69—
“No cask shall be taken into the spirit warehouse unless—
“(a) Its contents are at least ten imperial gallons.
“(b) It is marked as required by Regulation 48.”
Regulation 70 of the Distillation Regulations, Schedule III., Distillation Act 1901, is hereby amended by the addition of the following words, viz.:—
“Except by the permission of the Collector under Regulation 48.”
Statutory Rule 1906, No. 54, made as provisional Regulations under the said Act, is hereby cancelled.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C.13915.—Price 3d.
Overview
The Distillation Act 1901 was enacted to regulate the distillation of alcohol in Australia, ensuring that the industry operated within a controlled and monitored framework. This Act was introduced to address the need for comprehensive regulation of the distillation process, aiming to maintain standards of quality and prevent illicit activities related to alcohol production. The Act was passed by the Commonwealth Parliament, with the intention of providing a robust legal structure to govern the distilling industry, ensuring compliance and safety within the sector. The policy objective was to create a regulatory environment that would support the legitimate production of spirits while preventing the proliferation of untaxed and potentially dangerous alcoholic beverages.
Scope and Application
The Distillation Regulations 1906, made under the Distillation Act 1901, govern the distillation, storage, and movement of spirits within the Commonwealth of Australia. These regulations apply to individuals and entities involved in the distillation industry, including distillers, purchasers, and spirit warehouse operators. They pertain specifically to the distillation process, the marking and content of casks, and the movement of spirits from distillery to storage or sale. The geographic reach of these regulations is national, applying uniformly across the Commonwealth. The regulations establish requirements for the marking of casks, stipulating that the name of the distiller or distillery and the location must be either erased or replaced with the purchaser's trade name and mark, provided the bond marks remain undefaced and the casks bear the words "Made in Australia." Additionally, the regulations mandate that casks entering a spirit warehouse must contain at least ten imperial gallons of spirits and adhere to the marking requirements set forth. The provisions allow for the Collector to grant exceptions to certain marking requirements upon application by the spirits purchaser. These regulations do not specify exclusions or exemptions but provide a framework within which the distillation industry must operate.
Key Provisions
The key provisions of the Distillation Regulations, 1906, under the Distillation Act 1901, concern the marking and contents of casks used for spirits. Regulation 48 allows the Collector to permit a purchaser to erase the name of the distiller and the distillery from casks and replace it with their own trade name and mark, provided the bond marks remain intact and the words "Made in Australia" are clearly displayed on the casks. This regulation indicates a procedural allowance for rebranding casks for spirits. Regulation 69 stipulates that a cask can only be taken into a spirit warehouse if its contents are at least ten imperial gallons and it is marked as required by Regulation 48. This regulation ensures a minimum volume requirement for casks entering the warehouse and mandates specific marking protocols. Regulation 70 further clarifies that casks can only be taken into the spirit warehouse except by the permission of the Collector under Regulation 48, reinforcing the necessity of compliance with the marking requirements.
The obligations imposed by these regulations on the parties involved, primarily the distillers and purchasers, include ensuring that any changes to cask markings are approved by the Collector and that the bond marks are preserved. Distillers must also ensure that their casks meet the minimum volume requirement of ten imperial gallons before being taken into a warehouse. Purchasers must follow the prescribed procedures for rebranding and marking the casks accurately. The regulations require strict adherence to the marking protocols to maintain the integrity of the spirit production and distribution process.
Failure to comply with these regulations can result in significant legal consequences. While the specific offences and penalties are not detailed in the statutory rules, breaches of the Distillation Act 1901 and its regulations could lead to enforcement actions, fines, or other penalties as prescribed by the relevant authorities. The precise consequences would depend on the nature and severity of the breach, as well as the specific provisions of the Act and any applicable laws or regulations. The regulations underscore the importance of accurate and compliant cask marking to uphold the standards and integrity of the spirit industry in Australia.