Manufacture of Scents and Toilet Preparations Regulations (Provisional)

Legislation au C1906L00116 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1906. No. 116.

 

Provisional regulations under the excise tariff 1906, and the excise act 1901.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Excise Tariff 1906 and the Excise Act 1901 should come into operation on the first day of January, 1907, and make the Regulations to come into operation accordingly as Provisional Regulations.

Dated this 28th day of December, One thousand nine hundred and six.

NORTHCOTE,

Governor-General.

By His Excellency’s Command.

WILLIAM JOHN LYNE.

 

REGULATIONS RELATING TO THE MANUFACTURE OF SCENTS AND toilet PREPARATIONS.

(1) Any manufacturer desiring to use Australian Spirits for the manufacture, from Australian products exclusively, of Scents or Toilet Preparations may make application to the Collector in the following form:—

AUSTRALIAN EXCISE.

Application for Permission to use Australian Spirits for the Manufacture of Scents or Toilet Preparations.

To the Collector of Customs ......................

for the State........................ .............19....

I hereby apply for permission to use.................gallons Australian Spirits contained in              bond mark                            in the manufacture, from the Australian products specified hereunder exclusively, of Scents or Toilet Preparations, in my premises, situate at             

The Spirits, upon payment of duty, are required to be removed from the ..........(Distillery or Customs Warehouse)             

Australian products to be used................

Name in full of manufacturer.................

Occupation..............................

Address.................................

Approved—

.........................Collector.

..........................190

.................................

Signature of Manufacturer.

(2) Upon approval of the application, entry shall be made specifying thereon the purpose for which the Spirits are to be used, and the manufacturer shall give security in the sum of £200 (with two approved sureties, or approved guarantee company or bank) for compliance with these regulations.

C.12568—Price 3d.


(3) Upon the passing of the entry, the Spirits may be delivered to the manufacturer, who shall forthwith by licensed carrier remove such Spirits to the premises in which they are to be used. The spirits shall be mixed with the ingredients, and in the proportions approved by the Collector, under the supervision of a Customs Officer whose services shall be paid for at the rate of 2s. per hour or part thereof. The spirit when mixed with the approved ingredients shall be put up in such sized bottles or packages as the Comptroller-General may from time to time require.

(4) The quantity of Spirits to be received at any one time by a manufacturer must not, without the Collector’s written permission, exceed 150 gallons, and any previous supply is to be dealt with before a further quantity can be delivered.

(5) The Spirits shall not be used for any purpose other than in the manufacture, from Australian products exclusively, of Scents or Toilet Preparations.

(6) The Spirits shall not be received, kept, or used in any premises in which ordinary alcoholic beverages are made or sold.

(7) Every manufacturer shall keep, in the following form, a book, in which he shall enter from day to day the quantity of Spirits received and used, the nature and quantity of other Australian products used in conjunction with such Spirits, and the quantity of Scents or Toilet Preparations manufactured and removed, and the names and addresses of the persons to whom delivered.

Date.

Spirits.

Australian Products used with Spirits.

Scents and Toilet Preparation.

Manufactured.

Delivered

Received.

Used.

Loss in Operation.

Removed.

To whom delivered.

Quantity.

Quantity.

Nature.

Quantity.

Nature.

Quantity.

Nature.

Quantity.

Name.

Address.

 

Galls.

Galls.

Galls.

 

 

 

 

 

 

 

 

I declare that the foregoing entries relating to the Month of.........19......, fully set forth all the matters required by law, and that the same are true in every particular.

....................................

(Signature of Manufacturer.)

Declared before me this.............day of...............19................

..............................

J.P. or Officer.

 

(8) Officers of Customs shall at all times have complete access to any premises in which Scents or Toilet Preparations are manufactured, and may take samples of Spirits or other Australian products, or Scents or Toilet Preparations manufactured or in process of manufacture, and may examine and take copies of or extracts from all books kept in relation to the making or sale of Scents or Toilet Preparations.

(9) Any person guilty of any contravention of these Regulations for which no other penalty is provided shall be liable to a penalty not exceeding £50.

 

By Authority: J. Kemp, Acting Government Printer, Melbourne.

Overview

The Statutory Rules 1906 No. 116, enacted under the authority of the Governor-General in Council, address the need for regulation in the manufacturing of scents and toilet preparations using Australian spirits. This provisional legislation, coming into operation on 1 January 1907, was necessitated by the urgent requirement to establish a structured framework for the production of these goods from Australian products exclusively. The enactment aimed to provide clear guidelines and regulatory oversight over the use of Australian spirits in manufacturing, ensuring compliance with the Excise Tariff 1906 and the Excise Act 1901. The policy objective was to control and monitor the production process, safeguard the use of Australian products, and prevent any illicit use of spirits in manufacturing scents and toilet preparations.

Scope and Application

The Provisional Regulations under the Excise Tariff 1906 and the Excise Act 1901 pertain to manufacturers who wish to use Australian Spirits for the exclusive manufacture of scents or toilet preparations from Australian products. These regulations apply to any manufacturer within the Commonwealth of Australia, requiring them to submit an application to the Collector of Customs for permission to use Australian Spirits in their manufacturing process. Upon approval, the manufacturer must provide security of £200, with approved sureties or a guarantee from a company or bank, and comply with the detailed regulations governing the use of spirits, including limitations on the quantity of spirits that can be held at any one time and the requirement for mixing spirits with approved ingredients under the supervision of a Customs Officer. The spirits can only be used for the specified purpose, and manufacturers must maintain detailed records of their activities, with access granted to Customs Officers for inspections and sampling. The regulations also stipulate that any contravention of the rules may result in a penalty of up to £50.

Key Provisions

The main operative sections of these provisional regulations under the Excise Tariff 1906 and the Excise Act 1901 pertain to the application process for manufacturers who wish to use Australian Spirits for producing scents or toilet preparations using only Australian products. Specifically, section (1) outlines the application form and procedure that must be followed by the manufacturer to seek permission from the Collector of Customs. Once the application is approved, the manufacturer must provide a security of £200 with two approved sureties or an approved guarantee company or bank, as stipulated in section (2). The spirits can then be delivered to the manufacturer under the supervision of a Customs Officer, as mentioned in section (3), and must adhere to the approved proportions. Furthermore, the quantity of spirits received at any one time must not exceed 150 gallons without the Collector's written permission, as stated in section (4). The spirits are only to be used for manufacturing scents or toilet preparations using Australian products exclusively, and must not be received, kept, or used in premises where ordinary alcoholic beverages are made or sold, as outlined in sections (5) and (6). The regulations impose several obligations and requirements on the parties governed by these provisions. Manufacturers must submit an application form to the Collector of Customs, as specified in section (1), and provide security as required in section (2). They must ensure that spirits are mixed with ingredients under the supervision of a Customs Officer, as mentioned in section (3). Additionally, they must keep detailed records of the spirits received and used, the nature and quantity of other Australian products used in conjunction with such spirits, and the quantity of scents or toilet preparations manufactured and removed, as detailed in section (7). Manufacturers must also allow Customs officers complete access to their premises to take samples and examine books, as stated in section (8). Any breach of these regulations may result in civil consequences for the parties involved. Specifically, section (9) states that any person guilty of any contravention of these Regulations for which no other penalty is provided shall be liable to a penalty not exceeding £50. This penalty is the maximum financial penalty imposed for violations of the regulations. It is important for manufacturers to adhere to these requirements to avoid any potential legal or financial repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.