Spirits Regulations 1926

Spirits Regulations 1926

Statutory Rules 1926 No. 202 as amended

made under the

Spirits Act 1906

This compilation was prepared on 4 December 2002
taking into account amendments up to SR 2001 No. 303

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part I Introductory

 1 Name of Regulations [see Note 1] 

 2 Definitions 

Part II Certificates and Marking of Spirits

 4 Application by Distiller or Blender for certificate 

 5 Issue of certificate 

 6 Spirits removed from CEO’s control 

Part III Licences — Methylated Spirits

 10 Application for licence 

 11 Licence fee and security for compliance with regulations 

 12 Grant of licence 

 13 Fee payable for licence 

 14 Fresh security may be required 

 15 Period of licence 

 16 Cancellation of licence 

Part IV Standards

 17 Standards for methylated spirits 

Part V Methylated Spirits or special manufacture or special purpose

 19 Standard for special purpose 

 20 Application to vary standard 

 21 Particulars required in application 

 22 Procedure upon approval of application 

 23 Manufactured for approved purpose 

 24 Removal of methylated spirits 

 26 Removal of methylated spirits 

 26A Use of methylated spirits 

 27 Record of use of methylated spirits 

 28 Recovery of methylated spirits 

 30 Fee for supervision by officer 

 30A Particulars required in application 

 30B Procedure upon approval of application 

 30C Removal and use of methylated spirits 

 30F Record of use of methylated spirits 

Part V Methylated Spirits for scientific investigation

 31 Standard for purposes under this Part 

 32 Application for use in scientifc investigation 

 33 Approval of application 

 34 Removal of methylated spirits 

 36 Record of use of methylated spirits 

 37 Security for compliance with regulations 

Part VII Methylated Spirits generally

Division 1 Methylators

 39 Method of making 

 41 Capacity of mixing vat 

 42 Fee for services of special officer 

 44 Delivery of methylated spirits 

 45 Marking of particulars on containers 

Division 2 Officers, powers of

 48 Powers of officers 

Division 3 Imported Methylated Spirits

 49 Samples to be taken 

 50 Analysis of samples 

Division 4 Miscellaneous

 51 Authority and place to methylate spirits 

 53 Possession must be authorised 

 54 Method of taking samples 

 57 Containers to be distinctively labelled 

 58 Methylating substances to be approved 

 59 Samples may be taken for analysis 

 61 Spirit maker’s general licence 

 64 Forms 

 65 Repeal 

Schedule  

Form 1 Official certificate 

Form 2 Application for a licence to make Methylated Spirits 

Form 3 Security — methylator’s licence 

Form 4 Methylator’s licence 

Form 5 Manufacturer’s book 

Form 6 Application to make Methylated Spirits 

Notes 

Part I Introductory

1 Name of Regulations [see Note 1]

  These Regulations are the Spirits Regulations 1926.

2 Definitions

  In these Regulations:

Act means the Spirits Act 1906.

methylator means a person licensed to make methylated spirits under these Regulations.

permission means written permission of the CEO or Collector, as the case requires.

Part II Certificates and Marking of Spirits

4 Application by Distiller or Blender for certificate

  Any Distiller or Blender who desires a certificate in respect of any Spirits shall make application in writing to the principal officer doing duty at the time and place in relation to such Spirits.

5 Issue of certificate

  An officer may, upon receipt of an application, issue to a distiller or blender a certificate in accordance with Form 1.

6 Spirits removed from CEO’s control

  A certificate must not be issued in respect of spirits after removal of the spirits from the CEO’s control.

Part III Licences — Methylated Spirits

10 Application for licence

  Application for a licence to make Methylated Spirits shall be in accordance with Form 2.

11 Licence fee and security for compliance with regulations

  The applicant for a licence to make Methylated Spirits shall pay to the Collector the prescribed licence-fee, if any, and give security in accordance with Form 3 in the sum of Two hundred dollars (with two approved sureties or an approved guarantee company or bank) for compliance with these Regulations.

12 Grant of licence

  The Collector, if satisfied that the applicant is a fit and proper person to hold a licence and if the Collector approves of the security given, may grant to the applicant a licence in accordance with Form 4, but if the application is refused the licence fee shall be returned to the applicant.

13 Fee payable for licence

  The fee payable by a methylator for every licence granted or to be granted in respect of the making and selling of Methylated Spirits is nil.

14 Fresh security may be required

  The Collector may at any time require any Methylator to give fresh security, and fresh security shall be given accordingly, and in default the licence may be cancelled by the CEO.

15 Period of licence

  A methylator’s licence comes into force on the day the licence is granted and remains in force until 31 December following that day, unless cancelled by the CEO. 

16 Cancellation of licence

  If the holder of a licence to make Methylated Spirits is convicted of any contravention of the Act or of these Regulations the licence may be cancelled by the CEO.

Part IV Standards

17 Standards for methylated spirits

 (1) The standard for the class of methylated spirits called industrial spirits is that the spirit before methylation is to contain not less than 94 per centum by volume of alcohol and is to be methylated by the addition of:

 (a) 0.25 per centum of wood naphtha or methyl alcohol, 0.5 per centum of pyridine and 0.5 per centum of any one of the following substances, namely, petrol, gasoline, petroleum benzine, petroleum naphtha, coal tar naphtha or shale naphtha;

 (b) 0.25 per centum of wood naphtha or methyl alcohol, 0.125 per centum of pyridine and 1 per centum of any one of the following substances, namely, petrol, gasoline, petroleum benzine, petroleum naphtha, coal tar naphtha or shale naphtha; or

 (c) 6.6 parts per million by weight of bitrex, 0.25 per centum by weight of methyl-isobutyl-ketone and 1 part per million by weight of fluorescein.

 (2) The standard for the class of methylated spirits called mineralized spirits is that the spirit before methylation is to contain not less than 94 per centum by volume of alcohol and is to be methylated by the addition of:

 (a) 0.25 per centum of wood naphtha or methyl alcohol, 0.05 per centum of pyridine and not less than 2 per centum of any one of the following substances, namely, petrol, gasoline, petroleum benzine, petroleum naphtha, coal tar naphtha, shale naphtha, benzol or a like substance; or

 (b) 6.6 parts per million by weight of bitrex, 0.25 per centum by weight of methyl-isobutyl-ketone and 1 part per million by weight of fluorescein.

Part V Methylated Spirits or special manufacture or special purpose

19 Standard for special purpose

 (1) A person may methylate spirits for special manufacture or special purpose only if:

 (a) the spirits contain at least:

 (i) 94% by volume of alcohol; or

 (ii) if the CEO approved a lower percentage — that percentage; and

 (b) it is done by adding, in the proportions directed by the CEO, methyl alcohol or any other substance as directed by the CEO.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

20 Application to vary standard

  Any manufacturer desiring to use Methylated Spirits in any manufacture in which the manufacturer proves to the satisfaction of the Collector that Industrial Spirits would be unsuitable or detrimental, may make application in writing to the Collector stating the means by which it is proposed to methylate such Spirits.

21 Particulars required in application

  The manufacturer shall give full particulars of the situation of the premises in which, and the purposes for which, the Spirits are to be used, together with a description of the process of manufacture.

22 Procedure upon approval of application

  Upon approval of the application and upon the Spirits being methylated in such manner as the CEO directs, an entry shall be made and shall specify the purpose for which the Methylated Spirits are to be used, and upon the passing of the entry the Methylated Spirits may be delivered to the manufacturer.

23 Manufactured for approved purpose

  Before the entry is passed the manufacturer shall, if required by the Collector, give approved security in an amount, not exceeding Two hundred dollars, to be fixed by the Collector that the Methylated Spirits shall not, unless by permission, be used for any purpose other than the manufacture specified in the entry.

24 Removal of methylated spirits

  The Methylated Spirits shall forthwith, after the passing of the entry, be removed to the premises of the manufacturer in which they are to be used.

26 Removal of methylated spirits

 (1) A person must not remove methylated spirits from the premises of a manufacturer where their use is authorised.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

 (3) It is a defence to a prosecution under subregulation (1) that the person had the permission of the Collector.

Note   A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

26A Use of methylated spirits

 (1) A person may use methylated spirits only for a purpose approved by the Collector.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

27 Record of use of methylated spirits

 (1) A manufacturer must keep a daily record, in accordance with Form 5, of:

 (a) the quantity of methylated spirits received into the manufacturer’s premises; and

 (b) the quantity of methylated spirits used by the manufacturer; and

 (c) the purpose for which the spirits are used; and

 (d) the nature, and quantity, of the products manufactured from the spirits.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

28 Recovery of methylated spirits

 (1) A person may wholly or partially recover methylated spirits used in manufacturing operations only in premises approved by the Collector.

Penalty:   1 penalty unit.

 (2) A person who wholly or partly recovers methylated spirits used in manufacturing operations must comply with:

 (a) any conditions imposed by the CEO; and

 (b) directions from the Collector about the proportion of fresh methylating substance to be mixed with the methylated spirits recovered.

Penalty:   1 penalty unit.

 (3) An offence under subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

30 Fee for supervision by officer

  If, in the opinion of the Collector, the services of an officer are necessary to supervise wholly or partially the manufacture of any product in which Methylated Spirits are used, the manufacturer shall pay to the Collector $16.75 per hour, or part thereof, for the time the services of such officer are required.

30A Particulars required in application

  Any person desiring to use Methylated Spirits for any special purpose for which the person proves to the satisfaction of the Collector that Industrial Spirits would be unsuitable may make application in writing to the Collector, stating therein:

 (a) the means by which it is desired the spirits should be methylated;

 (b) the premises in which it is intended to use the methylated spirits;

 (c) full particulars of the purposes for which the methylated spirits are to be used.

30B Procedure upon approval of application

  Upon approval of the application and upon the spirits being methylated in such manner as the CEO approves, an entry shall be made and shall specify the purpose for which the methylated spirits are to be used, and upon the passing of the entry the methylated spirits may be delivered to the applicant.

30C Removal and use of methylated spirits

 (1)  As soon as possible after the passing of the entry, the applicant must move the methylated spirits, or cause them to be moved, to the premises where they are to be used.

Penalty:   1 penalty unit.

 (2) The applicant must not remove the methylated spirits from the premises where they are to be used.

Penalty:   1 penalty unit.

 (3) It is a defence to a prosecution under subregulation (2) that the Collector has permitted the removal.

Note   A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

 (4) The applicant may use the methylated spirits on the premises where they are to be used only for a purpose approved by the Collector.

Penalty:   1 penalty unit.

. (5) An offence under subregulation (1), (2) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

30F Record of use of methylated spirits

 (1) The applicant must keep a record of:

 (a) the particulars of the methylated spirits received; and

 (b) how the methylated spirits have been used.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

 (3) It is a defence to a prosecution under subregulation (1) that the Collector has authorised the person not to keep the record.

Note   A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

Part V Methylated Spirits for scientific investigation

31 Standard for purposes under this Part

 (1) A methylator may methylate spirit only if:

 (a) it contains at least 94% by volume of alcohol; and

 (b) the methylation is done in accordance with any directions by the CEO.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

32 Application for use in scientifc investigation

  Any responsible officer of a University or Public Institution desiring to use Methylated Spirits for scientific investigation in connexion with a University or Public Institution may make application in writing to the Collector, stating the quantity required and the premises in which it is intended to keep and use such Methylated Spirits.

33 Approval of application

  Upon approval of the application, the Spirits shall be treated as directed by the CEO, an entry shall be made and shall specify the purpose for which the Methylated Spirits are to be used, and upon the passing of the entry the Methylated Spirits may be delivered to the responsible officer of a University or Public Institution.

34 Removal of methylated spirits

 (1) The responsible officer of a university or public institution must, as soon as possible after the passing of the entry, make sure that the methylated spirits are removed to the premises for which approval is given.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

36 Record of use of methylated spirits

 (1) The responsible officer of a university or public institution must keep a record of:

 (a) the particulars of the methylated spirits received; and

 (b) how the methylated spirits have been used.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

 (3) It is a defence to a prosecution under subregulation (1) if the Collector has authorised the person not to keep the record.

Note   A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

37 Security for compliance with regulations

  The Collector may at any time require the responsible officer of a University or Public Institution to give security for compliance with these Regulations to such amount as may be fixed by the Collector.

Part VII Methylated Spirits generally

Division 1 Methylators

39 Method of making

  Upon approval of the application, the Spirits shall be methylated as provided by these Regulations.

41 Capacity of mixing vat

  When required by the Collector, a mixing vat shall be provided, of sufficient capacity to admit of the Spirits being properly methylated.

42 Fee for services of special officer

  If the quantity of Methylated Spirits to be made is such as to require, in the opinion of the Collector, the services of a special officer, the Methylator shall pay to the Collector $16.75 per hour, or part thereof, for the time the services of such officer are required.

44 Delivery of methylated spirits

 (1) A methylator may deliver methylated spirits for special manufacture, special purpose or scientific investigation to a person only if the Collector has approved the delivery.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

45 Marking of particulars on containers

 (1) Upon every vessel containing Methylated Spirits and every package covering such vessels the Methylator shall legibly cut or brand or paint in oils the following particulars:

 (a) The name of the Methylator and the place where the Methylated Spirits were made.

 (b) The words Industrial Methylated Spirits or Mineralized Methylated Spirits or Methylated Spirits for Special Manufacture or Methylated Spirits for Special Purpose, or Methylated Spirits for Scientific Investigation, according to the class of Methylated Spirits contained therein:

Provided that, in regard to Mineralized Spirits which are marketed under a distinctive trade name which has been registered with the CEO, the latter may allow the use of such trade name in lieu of the marking provided for in (a) and (b) above.

Penalty:   1 penalty unit.

 (2) A person must not alter or erase particulars mentioned in subregulation (1) on a container of methylated spirits.

Penalty:   1 penalty unit.

 (3) An offence under subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 2 Officers, powers of

48 Powers of officers

  Officers may examine and take copies of, or extracts from, all books kept in relation to the making, or sale, or removal, or use of Methylated Spirits under these Regulations.

Division 3 Imported Methylated Spirits

49 Samples to be taken

  Imported methylated spirits must not be delivered from the CEO’s control unless samples of the spirits are taken and submitted for analysis to an analyst approved by the Collector.

50 Analysis of samples

  If upon analysis of Imported Methylated Spirits the analyst certifies that such Methylated Spirits are not sufficiently methylated, such Spirits shall not be delivered for home consumption until so methylated.

Division 4 Miscellaneous

51 Authority and place to methylate spirits

 (1) Spirits may be methylated with the permission of the Collector.

 (2) A person must apply for permission in accordance with Form 6.

 (3) A person may methylate spirits only in:

 (a) a customs warehouse; or

 (b) the spirit store of a spirit maker’s distillery; or

 (c) the premises specified in the methylator’s licence; or

 (d) a place approved by the Collector.

Penalty:   1 penalty unit.

 (3A) An offence under subregulation (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

 (4) If the Collector is satisfied that it is necessary for the protection of revenue, the Collector may, in writing, order a methylator not to methylate spirits except under the supervision of an officer. 

 (5) In deciding whether supervision of methylation is necessary for the protection of revenue, the Collector may take into account the following:

 (a) whether the methylator keeps records that show details of:

 (i) the receipt and disposal of materials capable of being used in methylation; and

 (ii) materials used in methylation; and

 (iii) methylated spirits produced, stored or disposed of;

 (b) the methods adopted, and the precautions taken, by the methylator in, and after, carrying out methylation.

53 Possession must be authorised

 (1) A person who is not a methylator must not receive or possess methylated spirits for special manufacture, special purpose or scientific investigation.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

 (3) It is a defence to a prosecution under subregulation (1) if the Collector has authorised the person to receive or possess the methylated spirits.

Note   A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

54 Method of taking samples

 (1) A sample taken or obtained by an officer under the provisions of section 22 of the Act shall be dealt with in the following manner:

 (a) The officer taking or obtaining the sample shall, in the presence of the person or the agent or servant of the person, from whom the sample is taken or obtained divide the sample into three equal parts and label or mark and securely seal each part; and

 (b) The officer shall hand one part to the owner or an agent or servant of the owner, deliver for report another part to an analyst approved by the Collector, and retain the third part, for further examination, if necessary.

 (2) Delivery of the part to the analyst may be effected personally or by sending the part by registered post addressed to the analyst at the analyst’s usual address, or in such other manner as the Collector approves.

 (3) In the event of any dispute as to the identity of the part received by the analyst the burden of proof shall lie upon the person complaining.

 (4) The production of a certificate of analysis of the part purporting to be signed by the analyst shall be sufficient evidence of the identity of the part and of the result of the analysis without proof of the signature of the person purporting to have signed the certificate.

57 Containers to be distinctively labelled

 (1) A methylator must label each container of methylated spirits produced by the methylator with the words ‘Methylated Spirits’ in prominent letters.

Penalty:   1 penalty unit.

 (2) A person may sell a container of methylated spirits only if it is labelled in accordance with subregulation (1).

Penalty:   1 penalty unit.

 (3) A person must not remove or alter a label of a container of methylated spirits.

Penalty:   1 penalty unit.

 (4) An offence under subregulation (1), (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

58 Methylating substances to be approved

 (1) A person may use a methylating substance to make methylated spirits only if the Collector has approved the use.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

59 Samples may be taken for analysis

 (1) A methylator must, if required by the Collector:

 (a) take samples of methylated spirits made by the methylator; and

 (b) submit the samples for analysis to an analyst approved by the Collector.

Penalty:   1 penalty unit.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

61 Spirit maker’s general licence

  A Distiller holding a Spirit Maker’s general licence under the Distillation Act 1901, shall be subject to the provisions of these Regulations relating to Methylators to the same extent as if the distiller were a Methylator under these Regulations.

64 Forms

  The forms prescribed in these Regulations are those in the Schedule to these Regulations.

65 Repeal

  The Spirits Act Regulations 1913 (Statutory Rules 1913, No. 344 as amended by Statutory Rules 1922, No. 132; 1924, No. 75, and 1925, No. 88) are repealed.

Schedule  

Form 1 Official certificate

(regulation 5)

Commonwealth of Australia

Spirits Act 1906

Official certificate

I hereby certify that the spirits contained in the packages described hereunder are*

distilled under Excise supervision.

REMARKS:

_____________________________________________________

Dated at in the State of

this day of 20 .

 Officer

Note   This certificate holds good only whilst the abovementioned spirits remain under the CEO’s control.

*  Insert whether Australian Brandy, Australian Whisky or Australian Rum.

Form 2 Application for a licence to make Methylated Spirits

(regulation 10)

Commonwealth of Australia

Spirits Act 1906

Application for a licence to make Methylated Spirits

To the Collector..........................

I hereby apply for a licence to make Methylated Spirits on premises situated
at........................

I submit the following as sureties to the security required:

Names in full of proposed sureties:

(1) ................. (2)  ....................

Occupations and addresses:

(1) ................. (2)  ....................

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

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

 ....................

 Signature of applicant.

 Date...............

Form 3 Security — methylator’s licence

(regulation 11)

COMMONWEALTH OF AUSTRALIA

Spirits Act 1906

SECURITY

METHYLATOR’S LICENCE

By this security the subscribers are, pursuant to the Spirits Act 1906, bound to the CEO (as defined in that Act) in the sum of Two hundred dollars subject only to this condition that if .....who

is a licence under the said Act to make methylated spirits on premises situated at.....and

to sell the said methylated spirits shall so long as the *applicant/holder holds a licence as aforesaid comply to the satisfaction of the Collector .....

with the said Act and any amendment thereof or any Act passed in substitution therefor and the Regulations for the time being in force thereunder, then this security shall be thereby discharged.

 Dated the day of 20 

* Strike out the words not required.

Form 4 Methylator’s licence

(regulation 12)

Commonwealth of Australia

Spirits Act 1906

Methylator’s licence

A.B., of [here state address and occupation] is hereby licensed, subject to the Regulations now, or which may hereafter be, in force under the Spirits Act 1906, to make Methylated Spirits on premises situated at                and to sell any Methylated Spirits made in pursuance of this licence.

Dated the day of 20 

Collector

Form 5 Manufacturer’s book

(regulation 27)

Commonwealth of Australia

Spirits Act 1906

Manufacturer’s book

Name of Manufacturer .............................

Premises in which manufacture is carried on ............................

I declare that the foregoing entries relating to the month of  

20 , fully set forth all the matters required by law, and that the same are true in every particular.

 (Signature of Manufacturer.)

Form 6 Application to make Methylated Spirits

(regulation 51)Commonwealth of Australia

Spirits Act 1906

Application to make Methylated Spirits

 ...............................

 .....................19....

To the Collector.........................

I request permission to make the following Methylated Spirits at ........

...................(name licensed premises, or Customs Warehouse).

 Methylator.

Approved

Collector

Date

Notes to the Spirits Regulations 1926

Note 1

The Spirits Regulations 1926 (in force under the Spirits Act 1906) as shown in this compilation comprise Statutory Rules 1926 No. 202 amended as indicated in the Tables below.

Table of Statutory Rules

(a) The amendment to Regulation 9B of the Spirits Regulations as contained in Statutory Rules 1980 No. 384 was disallowed by the House of Representatives on 5 May 1981.

Table of Amendments