Spirits
No. 25 of 1972
An Act to amend the Spirits Act 1906-1969.
[Assented to 17 May 1972]
BE it enacted by the Queen’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 1972.
(2.) The Spirits Act 1906-1969 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 1906-1972.
Commencement.
2. This Act shall come into operation on the first day of July, One thousand nine hundred and seventy-two.
Interpretation.
3. Section 3 of the Principal Act is amended—
(a) by inserting before the definition of “Article of food or drink” the following definition:—
“‘Alcohol’ means ethyl alcohol;”;
(b) by omitting from paragraph (a) of the definition of “Pure Australian Standard Brandy” the words “at a strength not exceeding forty-five per cent. over proof” and inserting in their stead the words “and contain not more than eighty-three per cent. by volume of alcohol”;
(c) by omitting from paragraph (a) of the definition of “Australian Blended Brandy” the words “at a strength not exceeding forty-five per cent. over proof” and inserting in their stead the words “and contains not more than eighty-three per cent. by volume of alcohol”;
(d) by omitting from paragraph (a) of the definition of “Australian Standard Malt Whisky” the words “at a strength not exceeding forty-five per cent. over proof” and inserting in their stead the words “and contain not more than eighty-three per cent. by volume of alcohol”;
(e) by omitting from paragraph (a) of the definition of “Australian Blended Whisky” the words “at a strength not exceeding forty-five per cent. over proof” and inserting in their stead the words “and contains not more than eighty-three per cent. by volume of alcohol”;
(f) by omitting from paragraph (a) of the definition of “Australian Standard Rum” the words “at a strength not exceeding forty-five per cent. over proof” and inserting in their stead the words “and contain not more than eighty-three per cent. by volume of alcohol”; and
(g) by adding at the end thereof the following sub-section:—
“(2.) For the purposes of this Act—
(a) the volume of alcohol contained in spirits shall be taken to be the volume that would be the volume of that alcohol if the alcohol were measured at a temperature of twenty degrees Celsius; and
(b) a calculation made for the purpose of ascertaining the volume of alcohol by reference to the specific gravity of alcohol shall be made on the basis that, at a temperature of twenty degrees Celsius and in vacuum, the specific gravity of alcohol in relation to water is 0.79067.”.
Schedule.
4. The Schedule to the Principal Act is amended by omitting the words “be of a strength not less than sixty-five degrees over proof” (wherever occurring) and inserting in their stead the words “contain not less than ninety-four per cent. by volume of alcohol”.
Overview
The Spirits Act 1972 was enacted to address certain deficiencies and inconsistencies in the existing Spirits Act 1906-1969. This Act, passed by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, was assented to on 17 May 1972 and came into operation on 1 July 1972. The primary objective of the Act is to amend and modernise the definitions and standards related to various types of spirits, ensuring consistency and clarity in the regulation of these products. This legislative update was necessary to reflect changes in standards and to streamline the regulatory framework governing the spirits industry.
Scope and Application
The Spirits Act 1972 applies to the production, importation, sale, and distribution of spirits within the Commonwealth of Australia. It specifically targets entities and individuals involved in these activities, including distillers, importers, wholesalers, and retailers of spirits. The Act governs the standards and conditions under which spirits can be manufactured, labelled, and sold, ensuring that the alcohol content and other specifications comply with the set regulations. The jurisdictional reach of the Act is federal, meaning it applies across all states and territories within Australia. The Act provides specific definitions and criteria for various types of spirits, such as brandy, whisky, and rum, detailing their alcohol content by volume and other quality measures. The Act also references subordinate instruments, which can extend or further define the application of the legislation, ensuring compliance and enforcement across the industry.
Key Provisions
The Spirits Act 1972, as referenced in section 1, introduces amendments to the Spirits Act 1906-1969, and is effective from 1 July 1972. Section 3 amends the definitions in the Principal Act to provide clarity and consistency around the alcohol content in spirits. For instance, the term "Alcohol" is defined as "ethyl alcohol," and specific types of spirits like Australian Standard Brandy, Australian Blended Brandy, Australian Standard Malt Whisky, Australian Blended Whisky, and Australian Standard Rum now have their alcohol content measured in volume, not by proof. The new definitions ensure that these spirits contain not more than 83% alcohol by volume.
In terms of obligations and requirements, entities involved in the production, sale, or distribution of spirits must ensure that their products comply with the new definitions and alcohol content specifications. They must be able to demonstrate that their spirits meet the required alcohol volume percentages as defined in the Act. This is particularly relevant for manufacturers and importers who must adjust their production processes to align with the new standards.
The Act does not explicitly detail offences or penalties for non-compliance; however, breaches of the spirits regulations generally can lead to enforcement actions by relevant authorities. Typically, penalties can include fines and potential prosecution, depending on the severity and frequency of the breach. The specific penalties would be in line with the broader regulatory framework governing spirits in Australia, which may involve significant financial penalties and other legal consequences for serious or repeated violations.