STATUTORY RULES
1932. No. 60.
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REGULATIONS UNDER THE SPIRITS ACT 1906-1932.
(Eighth Amendment.)
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulations under the Spirits Act 1906-1932 to come into operation forthwith.
Dated this Twenty-eighth day of June, 1932.
(Sgd.) ISAAC A. ISAACS.
Governor-General.
By His Excellency’s Command,
for Minister of State for Trade and Customs.
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Amendment of Spirits Regulations.
(Statutory Rules 1926, No. 202, as amended to this date.)
1. Regulation 2 of the Spirits Regulations is amended by inserting after the word “manufacture” the words “or special purpose”.
2. The heading to Part V. of the Spirits Regulations is amended by inserting after the word “manufacture” the words “or special purpose”.
3. After Regulation 30 of the Spirits Regulations the following regulations are inserted:—
“30a. Any person desiring to use Methylated Spirits for any special purpose for which he 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. Upon approval of the application and upon the spirits being methylated in such manner as the Comptroller 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. The methylated spirits shall forthwith after the passing of the entry be removed to the premises in which they are to be used and shall not, unless by permission, be removed from those premises or be used for any purpose other than that approved by the Collector.
1904.—Price 3D.
30d. The person shall upon receipt of the methylated spirits forward to the Collector a receipt for the quantity of methylated spirits received.
30e. The quantity of methylated spirit that may be received or kept at any one time in the premises shall not, except by permission, exceed 100 gallons.
30f. Subject to the discretion of the Collector a book shall be kept by the person in which shall be entered particulars of the methylated spirits received and of the manner in which they have been used.
30g. The Collector may at any time require the person to give security in an amount to be fixed by the Collector that the methylated spirits shall not, unless by permission, be used for any purpose other than that specified in the entry”.
4. Regulation 44 of the Spirits Regulations is amended by inserting after the word “manufacture” the words “or special purpose”.
5. Regulation 45 (1) of the Spirits Regulations is amended by inserting after the word “Manufacture” the words “or Methylated Spirits for Special Purpose”.
6. Regulation 53 of the Spirits Regulations is amended by inserting after the word “manufacture” the words “or special purpose”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Spirits Act 1906-1932 was enacted to regulate the manufacture, sale, and distribution of spirits in Australia, aiming to control the industry and prevent illicit activities. The Eighth Amendment to the Spirits Regulations, made in 1932 under the authority of the Governor-General, introduced changes to address the need for greater flexibility in the use of methylated spirits for purposes other than manufacturing. The regulations were enacted by the Parliament of Australia to provide a framework for the approval and controlled use of methylated spirits for special purposes, ensuring that such uses are legitimate and closely monitored to prevent misuse. The policy objective of these amendments was to balance the need for regulatory oversight with the practical requirements of industries that use methylated spirits for specific purposes, thereby enhancing the efficiency and compliance of the spirits industry.
Scope and Application
The Spirits Regulations, as amended, apply to any person or entity seeking to use Methylated Spirits for purposes other than their standard manufacture, specifically for special purposes deemed unsuitable for Industrial Spirits. These regulations are part of the broader legislative framework under the Spirits Act 1906-1932 and have a Commonwealth reach, thereby applying across Australia. Persons or entities wishing to use Methylated Spirits for special purposes must submit an application to the Collector, detailing the intended method of methylation, the premises for use, and the specific purposes. The Collector has the discretion to approve the application and to set conditions, such as limiting the quantity of Methylated Spirits to 100 gallons at any one time and requiring security to ensure compliance with the specified usage. These regulations extend to include detailed record-keeping requirements and restrict the removal or alternative use of Methylated Spirits without permission.
Key Provisions
The primary operative sections of these regulations, particularly those newly inserted, include sections 30a through 30g, which detail the process for applying to use methylated spirits for special purposes. Section 30a requires any person wishing to use methylated spirits for a special purpose to submit an application to the Collector, specifying how the spirits will be methylated, the premises for use, and the intended purpose. Section 30b mandates that upon approval and proper methylation, an entry must be made to specify the approved purpose, after which the spirits can be delivered. Sections 30c through 30g further detail the conditions under which the methylated spirits can be stored, used, and monitored, including limits on the quantity that can be kept at any one time (not exceeding 100 gallons unless by permission) and the requirement to keep a log of their receipt and use. Additionally, these sections state that the spirits must not be moved from the specified premises or used for unapproved purposes without permission.
These regulations impose several obligations and requirements on the parties involved. Firstly, individuals or entities must submit a written application to the Collector, detailing their intended use of methylated spirits and providing specific information about the methylating process and premises. Upon approval, they must ensure that the spirits are stored and used strictly in accordance with the specified conditions. This includes maintaining a log of all transactions and usages, as well as adhering to the 100-gallon limit unless otherwise permitted. Additionally, the applicant must provide a receipt to the Collector upon receiving the methylated spirits and may be required to provide security to ensure compliance with the approved usage conditions.
Failure to comply with these regulations can result in various consequences. While specific penalties are not outlined in the regulations, breaches of the conditions under which methylated spirits are approved for use could potentially lead to civil or criminal penalties as per the overarching Spirits Act 1906-1932. These penalties could include fines, imprisonment, or both, depending on the severity and nature of the breach. The Collector also retains the discretion to impose additional conditions or revoke approval if non-compliance is detected, thereby ensuring that the use of methylated spirits remains strictly controlled and monitored.