SPIRITS.
No. 12 of 1932.
An Act to amend the Spirits Act 1906–1923.
[Assented to 16th May, 1932.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Spirits Act 1932.
(2.) The Spirits Act 1906–1923 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Spirits Act 1906–1932.
Commencement.
2. Sections three, four and five of this Act shall commence on the first day of October One thousand nine hundred and thirty-three.
Interpretation.
3. Section three of the Principal Act is amended—
(a) by omitting from paragraph (b) of the definition of “Australian Standard Malt Whisky” the word “two” and inserting in its stead the word “three” ; and
(b) by omitting from paragraph (b) of the definition of “Australian Blended Whisky” the word “two” and inserting in its stead the word “three”.
Imported spirits to be matured.
4. Section eleven of the Principal Act is amended by inserting at the end thereof the following proviso:—
“Provided that, in the case of imported whisky, the period of maturity by storage in wood shall not be less than three years”.
Australian spirits to be matured.
5. Section twelve of the Principal Act is amended by omitting the first proviso and inserting in its stead the following proviso:—
“Provided that, in the case of whisky distilled in Australia, the period of maturity by storage in wood shall not be less than three years:”.
Methylated spirits and their use.
6. Section fourteen of the Principal Act is amended—
(a) by inserting in paragraph (c) of sub-section (2.), after the word “manufactures”, the words “or special purposes” ; and
(b) by omitting from sub-section (4.) the words “special manufacture” and inserting in their stead the words “any special manufacture or for any special purpose”.
Power to make regulations.
7. Section twenty-six of the Principal Act is amended—
(a) by omitting from paragraph (b) the words “special manufacture” and inserting in their stead the words “any special manufacture or for any special purpose”;
(b) by inserting in paragraph (e), after the word “manufacture” (first occurring), the words “or for any special purpose” ; and
(c) by inserting in paragraph (e), after the word “manufacture” (second occurring), the words “or that purpose”.
Overview
The Spirits Act 1932 was enacted to amend the Spirits Act 1906-1923, addressing specific issues related to the production and maturation of spirits within Australia. Enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, this Act aimed to refine the existing legislative framework concerning spirits production. The primary focus of this amendment was to standardise the maturation period for both imported and Australian-distilled whisky, ensuring a minimum three-year storage requirement in wood, and to broaden the scope of permissible uses for methylated spirits. This Act also extended the power to make regulations to include any special manufacture or special purpose, thereby enhancing regulatory flexibility and comprehensiveness.
Scope and Application
The Spirits Act 1932, as an amendment to the Spirits Act 1906–1923, applies to both imported and domestically produced spirits within the Commonwealth of Australia, particularly targeting entities involved in the manufacture, storage, and distribution of spirits. The Act specifically pertains to the maturation period of whisky, both imported and Australian, mandating a minimum three-year storage period in wood. Additionally, the Act modifies definitions and regulatory permissions concerning methylated spirits, broadening the scope of their permissible use to include any special manufacture or purpose. The Act extends its regulatory reach through subordinate instruments, allowing for further detailed regulations to be established regarding the spirits industry. Notably, the Act does not explicitly state any exclusions or exemptions, implying a broad application to all entities within its purview.
Key Provisions
The Spirits Act 1932, which amends the Spirits Act 1906–1923, introduces several key provisions that refine and clarify the standards for spirits, particularly whisky, produced within and imported into Australia. Section 3 amends the definition of Australian Standard Malt Whisky and Australian Blended Whisky, stipulating that these spirits must be matured by storage in wood for a minimum of three years. This requirement replaces the previous two-year maturation period. Section 4 similarly mandates that imported whisky must also be matured for at least three years by storage in wood. Section 5 aligns with this by specifying that Australian-distilled whisky must undergo a minimum three-year maturation period in wood. Section 6 expands the permitted uses of methylated spirits, now allowing their use in any special manufacture or for any special purpose, beyond just industrial or manufacturing processes. Lastly, Section 7 grants regulatory power to make rules concerning these special purposes, ensuring flexibility in implementation and enforcement.
The Act imposes specific obligations on entities involved in the production, maturation, and use of spirits. Distillers and importers of whisky must ensure that their products meet the three-year maturation requirement in wood. This involves proper storage and record-keeping to demonstrate compliance. Additionally, entities using methylated spirits for purposes beyond industrial processes must adhere to any regulations established under the expanded powers granted by the Act. The amendments require a clear understanding and implementation of the new definitions and standards to avoid non-compliance.
Breaches of the Spirits Act 1932 can lead to significant legal consequences. The Act does not explicitly detail specific offences or penalties, but under the broader legislative framework, non-compliance with spirit regulations can result in fines and other civil or criminal penalties. The exact penalties may vary depending on the severity and nature of the breach, as well as any additional regulations or guidelines set by the relevant authorities. In cases where the Act's provisions are incorporated into broader regulatory schemes, penalties could include substantial fines, imprisonment, or both, reflecting the seriousness of violating liquor and spirit regulations.