SPIRITS.
No. 24 of 1935.
An Act to amend the Spirits Act 1906–1932, and to repeal the Spirits Act 1933.
[Assented to 13th April, 1935.]
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 1935.
(2.) The Spirits Act 1906–1932 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 1906–1935.
Interpretation.
2. Section three of the Principal Act is amended:—
(a) by omitting from paragraph (b) of the definition of “Australian Standard Malt Whisky” the word “three” and inserting in its stead the word “two;” and
(b) by omitting from paragraph (b) of the definition of “Australian Blended Whisky” the word “three” and inserting in its stead the word “two.”
Imported spirits to be matured.
3. Section eleven of the Principal Act is amended by omitting the proviso to that section and inserting in its stead the following proviso:—
“Provided that, on and after the first day of October, One thousand nine hundred and thirty-five, 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.
4. Section twelve of the Principal Act is amended—
(a) by omitting the first proviso; and
(b) by omitting from the second proviso the word “further”.
Repeal of Spirits Act 1933.
5. The Spirits Act 1933 is hereby repealed.
Overview
The Spirits Act 1935 was enacted by the Commonwealth Parliament to amend the Spirits Act 1906–1932 and repeal the Spirits Act 1933, addressing the need to update and streamline legislation related to the production and sale of spirits in Australia. This Act was introduced to refine the definition of certain types of whisky and adjust the required maturation periods for imported and Australian spirits. By amending the Spirits Act 1906–1932, the Act sought to ensure that whisky produced within Australia met specific standards, while also setting new requirements for imported spirits to ensure they underwent an appropriate period of maturation before being sold. The overarching policy objective was to maintain high standards for the quality and production of spirits in Australia, thereby protecting consumers and the integrity of the industry.
Scope and Application
The Spirits Act 1935 applies to the regulation and control of spirits within the Commonwealth of Australia. It amends the Spirits Act 1906–1932, referred to as the Principal Act, and repeals the Spirits Act 1933. This Act primarily concerns the definitions and requirements for the production, maturation, and storage of spirits, including whisky. It applies to all entities involved in the production, importation, and distribution of spirits in Australia, including distillers, importers, and retailers. The Act sets specific standards for the maturation period of Australian and imported spirits, with imported whisky now required to mature for a minimum of three years. The changes also modify the definitions of Australian Standard Malt Whisky and Australian Blended Whisky, reducing the required minimum distillation strength from three to two proofs. The Act's provisions are intended to ensure the quality and authenticity of spirits sold within Australia, impacting industries that produce or distribute these products. The Act's amendments and definitions extend to the entire Commonwealth, with no specific exclusions mentioned in the text.
Key Provisions
The Spirits Act 1935 amends the Spirits Act 1906–1932, updating several definitions and requirements related to the production and storage of spirits. Most notably, it modifies the definitions of "Australian Standard Malt Whisky" and "Australian Blended Whisky" by reducing the required maturation period from three to two years (s 2). It also mandates that imported whisky must be matured for at least three years by storage in wood (s 3). Additionally, it removes certain provisos from section twelve of the Principal Act (s 4). Finally, it repeals the Spirits Act 1933 (s 5).
Under the amended Act, producers and importers of spirits must ensure that Australian Standard Malt Whisky and Australian Blended Whisky are matured for at least two years, while imported whisky must be matured for at least three years. This involves the storage of whisky in wooden containers for the specified period to meet the legal requirements for classification and sale. The updated definitions and requirements ensure consistency and compliance with the standards set by the Act.
Breach of the provisions in the Spirits Act 1935 can result in legal consequences. Although the Act does not explicitly detail specific offences or penalties, non-compliance with the maturation requirements could lead to penalties under the broader legislative framework governing the Spirits Act. These penalties may include fines, confiscation of products, or other civil or criminal sanctions as prescribed by related legislation or court decisions. The precise penalties would depend on the specific nature and severity of the breach, as well as any relevant case law or additional regulations.