Title: ELECTRONIC CONSOLIDATION
Author: Robin Savage
Last saved by: dmbeev
Company: Attorney-General's Department

Section 1

Notes to the Distillation Act 1901

Table of Acts

Act

Number 
and year

Date 
of Assent

Date of commencement

Application, saving or transitional provisions

Notes to the Distillation Act 1901  

Table of Acts

Notes to the Distillation Act 1901

Act Notes

Notes to the Distillation Act 1901

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected | How affected

Notes to the Distillation Act 1901

Table of Amendments

Distillation Act 1901
Act No. 8 of 1901 as amended
This compilation was prepared on 16 October 2000
taking into account amendments up to Act No. 85 of 1995
The text of any of those amendments not in force 
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

Contents
Part I—Introductory	1
1	Short title [see Note 1]	1
2	Commencement [see Note 1]	1
3	General administration of Act	1
4	Act to apply	1
5	Ordinary course of distillation	1
6	Interpretation	2
8	Incorporation of provisions of the Excise Act	5
9	Parts IV and V apply to spirit makers only	5
Part II—Stills	6
10	Making, selling or importing stills	6
11	Use of stills for purposes other than the distillation of spirits	6
11A	Stills of a capacity not exceeding 5 litres	6
Part III—Licences	7
12	Distillation of spirits	7
13	Descriptions of licences	7
16	Licence fees	7
17	Applications	7
18	Applicant to pay licence fee and give security	8
19	Form of security	8
20	Collector to grant licence	8
21	Period of licences	8
22	Renewal of licences	8
23	Fresh security	9
24	Transfer and cancellation	9
Part IV—Regulation of distilleries	10
30	Facilities to officers	10
31	Duties of distiller	10
33	No other trade to be carried on upon the premises	11
34	Distillation only on licensed premises	11
35	Prohibitions	11
36	No alteration to be made in premises without permission	11
37	Methylation	12
38	Responsibility of distillers	12
Part V—Removal of spirits, and computation and payment of duty	13
40	Quantity of spirits that may be removed	13
44	Deficiency in quantity on removal to warehouse	13
46	Strength of spirits	13
47	Obscuration	13
50	Deficiencies	13
50A	Recovery of amounts payable under section 50	14
51	Loss during distillation	14
52	Provision to facilitate monthly accounts	14
Part VI—Vignerons	15
54	Distilling from and fortifying	15
55	Supervision of officer	15
56	Accommodation of officer	15
57	Customs control	15
Part VIA—Fortification of Australian wines	16
57A	Application of Part	16
57B	Interpretation	16
58	Strength of spirits for fortifying	16
59	Maximum strength of wine	16
Part VII—Powers of officers	18
Division 1—Preliminary	18
59A	Law relating to legal professional privilege not affected	18
59B	CEO may give directions concerning the exercise of powers under this Division	18
Division 2—General regulatory powers	19
60	Access to distilleries and books	19
62	Vessels to be emptied and cleaned	19
63	Samples	19
69	Power to lock	20
Division 3—Miscellaneous	21
70	Official stills	21
71	Power to purchase samples	21
72	Obstructing officers	21
Part VIII—Penal Provisions	22
73	Forfeiture	22
73A	Unlawful possession of still	22
74	Offences as to illicit stills	23
76	Sale of wine or spirits unlawfully dealt with	23
77	Distance of stores for sale of spirits from distillery	24
77A	Removal of spirits when licence ceases to be in force	24
Part IX—Miscellaneous	25
81	Board and lodging to be paid for	25
82	Removal of spirits on cancellation etc. of licence	25
82A	Sale by Collector of removed spirits etc.	25
82B	Review of decisions	26
83	Regulations	26
Schedules	27
Schedule 1 —Table of fees for licences to distil	27
Notes		29

An Act relating to Distillation
Part I—Introductory
  
1  Short title [see Note 1]
		This Act may be cited as the Distillation Act 1901.
2  Commencement [see Note 1]
		This Act shall commence on a day to be fixed by Proclamation.
3  General administration of Act
		The Chief Executive Officer of Customs has the general administration of this Act.
4  Act to apply
		This Act shall apply to the distillation of spirits on which any duty of Excise is imposed by the Parliament.
5  Ordinary course of distillation
		For convenience in interpreting this Act the present ordinary course of and in connexion with the distillation of spirits is outlined as follows:
	(i)	The material is mashed in a mash tun. The liquor product is wort;
	(ii)	The wort is fermented in a back. The liquor product is wash;
	(iii)	The wash is distilled in a still by heating to evaporation and condensing the vapor. The liquor product is spirits and the residue of the wash is spent wash;
	(iv)	The spirits pass into a receiver which may be of three kinds:
	(a)	Low wines receiver for the receipt of low wines. These are spirits of the first extraction requiring further distillation. All spirits received into a low wines receiver are low wines;
	(b)	Feints receiver for the receipt of feints. These may include low wines and are spirits requiring further distillation. All spirits received into a feints receiver are feints;
	(c)	Spirits receiver for the receipt of spirits not requiring further distillation;
	(v)	When liquor has been previously fermented it can be immediately utilized as wash.
6  Interpretation
	(1)	In this Act except where otherwise clearly intended:
Alcohol means ethyl alcohol.
Australian brandy means brandy the produce of Australia.
Australian wine means wine the produce of Australia.
Back means any vessel in which wort is deposited for the purpose of fermentation.
By authority means by the authority of an officer doing duty in the matter in relation to which the expression is used.
CEO means the Chief Executive Officer of Customs.
Collector has the same meaning as in the Customs Act 1901.
Distiller means a person who holds a spirit maker’s licence issued pursuant to this Act.
Distillery means the licensed premises of a distiller.
Experimenter means a person who holds an experimenter’s licence issued pursuant to this Act.
Feints means spirits received into the feints receiver.
Fuel ethanol means denatured ethanol for use as a fuel in internal combustion engines.
Gazette Notice means a notice signed by the CEO and published in the Gazette.
Illicit spirits means spirits distilled moved altered or interfered with in contravention of this Act.
Illicit still means a still made, removed, set up, erected, sold or otherwise disposed of, purchased or otherwise acquired, imported, or in the possession or custody, or under the control, of a person, in contravention of this Act.
Lees of wine includes grape skins and other residue from wine making.
Low wines means spirits of the first extraction received into the low wines receiver.
Material store means a store in a distillery for the storage of material for distillation.
Methylate means to mix spirits with some substance in such manner as to render the spirits unfit for use as a beverage or in food and incapable of being converted to that use.
Officer or Officer of Customs means a person who is an officer within the meaning of the Customs Act 1901.
Operations includes all stages processes or operations in the course of or in connexion with the distillation of spirits.
Permission means the written permission of the Collector.
Plant includes machinery apparatus vessels utensils fittings and plant of all kinds.
Spent wash means the liquor which remains after the spirits have been extracted by distillation.
Spirit store means a store for the storing of spirits.
Spirit warehouse means a warehouse in distillery upon a distiller’s premises in which spirits may be warehoused without payment of duty.
Spirits includes any liquor on which, under the name of spirits, any duty of Excise is imposed by the Parliament, whether the liquor is distilled or made or in any stage of distillation or making.
Still means any apparatus for or capable of distilling spirits and any part thereof and any apparatus connected or used in connexion therewith.
Still house means the house or room in a distillery where distillation is carried on.
This Act includes the regulations.
Vigneron means a person to whom a vigneron’s licence under this Act has been granted.
Wash means the liquor from mashed material after it has commenced to ferment and before it has been distilled.
Wine means an alcoholic beverage produced by the complete or partial fermentation of:
	(a)	grapes;
	(b)	products derived solely from grapes; or
	(c)	both grapes and such products.
Wort means the liquor from mashed material before it has commenced to ferment.
	(2)	For the purposes of this Act:
	(a)	the volume of alcohol contained in any liquor or other substance shall be taken to be the volume that would be the volume of that alcohol if the alcohol were measured at a temperature of 20 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 20 degrees Celsius and in vacuum, the specific gravity of alcohol in relation to water is 0.79067.
	(3)	For the purposes of this Act, where the Schedule to the Excise Tariff Act 1921 applies in respect of goods specified in that Schedule under the name of spirits, duty of Excise shall be taken to be imposed by the Parliament on those goods notwithstanding that the word “Free” is specified in the column headed “Rate of Duty” in that Schedule as the rate of duty chargeable on those goods.
8  Incorporation of provisions of the Excise Act
	(1)	Parts II, V, VI, VIII, IX, X, XI, XII, XIII and XIV (other than sections 162A and 162B) of the Excise Act 1901, except so far as they are inconsistent with this Act, are incorporated and shall be read as one with this Act.
	(2)	For the purposes of this section:
	(a)	a reference in the Excise Act 1901 to a manufacturer shall be read as a reference to a distiller and to a vigneron;
	(b)	a reference in that Act to a factory shall be read as a reference to a distillery and to premises in respect of which a vigneron’s licence is in force under this Act; and
	(c)	a reference in that Act to excisable goods shall be read as a reference to spirits.
9  Parts IV and V apply to spirit makers only
		Parts IV and V apply only to distillers holding spirit makers’ licences.

Part II—Stills
  
10  Making, selling or importing stills
		No person shall without permission:
	(a)	Make or commence to make any still;
	(b)	Remove or set up or erect any still;
	(c)	Sell or otherwise dispose of, or purchase or otherwise acquire, any still, either by itself or with other property, or as part of any premises;
	(d)	Import any still.
Penalty:	$5,000.
11  Use of stills for purposes other than the distillation of spirits
	(1)	A person shall not use a still for a purpose other than the distillation of spirits unless he has given notice to the Collector, in accordance with subsection (2), of his intention to use the still for that purpose.
	(2)	A notice under subsection (1) shall specify:
	(a)	the size or capacity of the still;
	(b)	the purpose for which the still is intended to be used; and
	(c)	the place where the still is intended to be used.
	(3)	A still that is used in contravention of this section shall be deemed to be an illicit still.
11A  Stills of a capacity not exceeding 5 litres
		The provisions of sections 10 and 11 do not apply to or in relation to a still of a capacity not exceeding 5 litres.

Part III—Licences
  
12  Distillation of spirits
		A person shall not distil spirits unless he is licensed under this Act so to do or otherwise than in accordance with the licence granted to him under this Act.
Penalty:	$5,000.
13  Descriptions of licences
		Licences to distil shall be divided into the following classes:
	(a)	Spirit makers’ licences:
	(1)	General licences authorizing the licensee to distil spirits from any material.
	(2)	Wine distillers’ licences authorizing the licensee to distil spirits from wine or lees of wine;
	(b)	Vignerons’ licences authorizing the licensee to distil spirits from wine or lees of wine for the purpose of fortifying wine;
	(c)	Experimenters’ licences authorizing the licensee to distil spirits from any material for the purpose of research into the production or use of fuel ethanol, including research relating to the development of technology for such production or use.
16  Licence fees
	(1)	The annual fees for licences shall be as prescribed.
	(2)	Until otherwise prescribed the amount of the fees for licences shall be in accordance with the scale in Schedule I to this Act.
17  Applications
		Applications for licences may be made to the Collector and shall be in the form and be accompanied by the particulars prescribed.
18  Applicant to pay licence fee and give security
	(1)	The applicant for a licence shall pay to the Collector the prescribed licence fee and shall give security to the Collector for compliance with this Act in accordance with the scale prescribed.
19  Form of security
		A security shall be given in a manner and form approved by the Collector and may, subject to that approval, be by bond, guarantee, cash deposit or any other method, or by two or more different methods.
20  Collector to grant licence
	(1)	The Collector if satisfied that the application ought to be granted may grant a licence to the applicant, but if the application is refused the licence fee shall be returned to the applicant.
	(2)	The Regulations shall prescribe the number of experimenters’ licences that may be in force at any one time, and the Collector shall not grant an experimenter’s licence if that number of such licences is in force.
21  Period of licences
		Licences shall unless previously cancelled remain in force until 
31 December next after the granting of the licence.
22  Renewal of licences
	(1)	Licences may be renewed by the Collector upon an application for renewal before the expiry of the licence sought to be renewed and on payment of the annual licence‑fee:
		Provided that the Collector may in exceptional circumstances extend for a period not exceeding 7 days the time within which application for renewal of the licence and payment of the licence fee shall be made.
	(2)	The liability of the subscribers to the security given in respect of the original licence shall, in the absence of any notice of termination on the part of the subscribers, remain in full force for the period for which the licence is renewed.
23  Fresh security
		The Collector may require the applicant for the renewal of a licence to give fresh security, and if fresh security is not given accordingly may refuse to renew the licence.
24  Transfer and cancellation
	(1)	Licences may be transferred by permission on security being given by the transferee and may be cancelled by the CEO by Gazette notice if the licensee is convicted of any offence against this Act.
	(2)	Without limiting subsection (1), the Collector may, by notice published in the Gazette, cancel an experimenter’s licence if:
	(a)	6 months after the issue of the licence, the licensee has not commenced the distillation authorized by the licence;
	(b)	the licensee has completed that distillation;
	(c)	the licensee has discontinued that distillation;
	(d)	the licensee has suspended that distillation for longer than 6 weeks; or
	(e)	the licensee is convicted of any offence against this Act.

Part IV—Regulation of distilleries
  
30  Facilities to officers
		Every distiller shall provide all reasonable facilities for enabling officers to exercise their powers under this Act.
Penalty:	$1,000.
31  Duties of distiller
		In particular and without limiting the effect of section 30 every distiller shall in his distillery:
	(a)	Provide to the satisfaction of the Collector windows or apertures for the admission of sufficient light;
	(b)	Keep burning from sunset to sunrise or so long as operations are being carried on after sunset and before sunrise sufficient lamps or light to the satisfaction of any officers doing duty in the distillery;
	(c)	Provide and place strong safe and sufficient ladders so as to enable officers to examine any vessel or utensil;
	(d)	Provide assistance when requested by any officer for carrying out any duties requiring assistance;
	(e)	Remove when requested by any officer any rubbish or any obstruction which may conceal from view any part of the operations which are being carried on upon his distillery;
	(f)	Place every vessel and utensil in a convenient position so as to be easy of access to officers;
	(g)	Keep and maintain correct weights, scales, and measures, to the satisfaction of the Collector, available at all times for the use of officers;
	(h)	Keep all plant in a secure and clean condition, and free from leakage;
	(i)	Empty and re‑gauge any plant whenever required by the Collector;
	(j)	Draw off the water in any worm tub and clean the tub and worm when required to do so by an officer at any time when the still is not being worked, and keep the worm tub free from water for sufficient time not exceeding two hours for officers to examine the tub and worm.
Penalty:	$1,000.
33  No other trade to be carried on upon the premises
		No business, trade, or work other than that of a distiller shall be carried on in a distillery without the permission in writing of the Collector.
Penalty:	$5,000.
34  Distillation only on licensed premises
		No distiller shall distil spirits on any premises other than his distillery.
Penalty:	$5,000.
35  Prohibitions
		No distiller shall:
	(a)	Mix with or add to any low wines feints or spirits in any receiver or charger any substance which increases their specific gravity, or prevents their true strength from being ascertained;
	(b)	Use in mashing or mix with any wort or wash any material so that the specific gravity of the wort or wash cannot be correctly ascertained by the prescribed saccharometer;
	(c)	Have in his distillery, except by authority, any wort, wash, or fermented liquor not made in the distillery;
	(d)	Except by authority mix any wort, wash, or fermented liquor made in his distillery with any wort, wash, or fermented liquor made elsewhere.
Penalty:	$20,000.
36  No alteration to be made in premises without permission
		No person shall:
	(i)	Without permission use any place or plant in a distillery for any purpose other than that set out in the application for the licence or the plans models or description accompanying the application;
	(ii)	Alter the size or position of any place or plant in a distillery without first submitting a plan or description of the proposed alteration, nor without permission to make such alteration;
	(iii)	Bring into, or have in a distillery any plant which is not specified in the application for a licence or in the permission;
	(iv)	Without the written permission of the CEO first obtained place any pipe or tube used in a distillery below the surface of the ground unless it is enclosed in a wooden case, capable of being easily opened, so that the pipe or tube may be readily exposed to view;
	(v)	Place, affix, or make any cock, plug, pipe, or opening in, on, to, into, or from any vessel or utensil in a distillery in contravention of this Act;
	(vi)	Make or use any cover, fastening, cock, plug, or pipe so that any vessel or utensil in a distillery can be employed, opened, removed, filled, or emptied in contravention of this Act.
Penalty:	$1,000.
37  Methylation
		A distiller may in the manner and subject to the conditions prescribed methylate spirits in his distillery.
38  Responsibility of distillers
		Every distiller is responsible for the safe custody of all material, wort, wash, low wines, feints, and spirits in his distillery and for the observance of this Act within his distillery.

Part V—Removal of spirits, and computation and payment of duty
  
40  Quantity of spirits that may be removed
		No entry authorizing the removal of spirits shall be passed in respect of a smaller quantity than 45 litres unless the distiller or owner has obtained permission to make the entry.
44  Deficiency in quantity on removal to warehouse
		Upon the delivery at the destination shown on the entry of spirits removed from a distillery an officer may re‑gauge, re‑weigh or 
re‑test the spirits, and if there is a deficiency in the quantity or strength as compared with the quantity or strength entered for removal the distiller shall forthwith pay the duty on the deficiency unless the deficiency is explained to the satisfaction of the Collector.
46  Strength of spirits
		The strength of spirits may be ascertained for the purposes of duty by means of a hydrometer approved by the CEO.
47  Obscuration
		If in the opinion of the Collector the strength of any spirits cannot immediately be accurately ascertained by hydrometer the strength may be ascertained after distillation or in any prescribed manner.
50  Deficiencies
	(1)	If a Collector is satisfied that, having regard to the quantity and alcoholic strength of the materials from which spirits have been distilled, the quantity of spirits produced in a distillery is less than the quantity which should have been produced, he shall serve upon the distiller an account showing the amount of the deficiency.
	(2)	The distiller shall, unless he accounts for the deficiency to the satisfaction of the Collector, forthwith pay to the Commonwealth an amount equal to the amount of the Excise duty which, in the opinion of the Collector, would have been payable in respect of a quantity of spirits, equal to the amount of the deficiency, if those spirits had been entered for home consumption by the distiller on the day on which the account was served.
	(3)	Where an account is served upon a distiller under subsection (1), the distiller shall not, without the consent of the Collector, carry on any operations in, or make a removal of spirits from, the distillery until he has complied with subsection (2).
50A  Recovery of amounts payable under section 50
	(1)	An amount payable under subsection 50(2) shall be a debt due to the Commonwealth and may be sued for and recovered in a court of competent jurisdiction by proceedings in the name of the Collector.
	(2)	In proceedings under subsection (1), a statement or averment of the Collector is evidence of the matter or matters so stated or averred.
51  Loss during distillation
		If whilst any operation is being carried on any loss of vapour or spirits takes place by unavoidable accident before the spirit reaches the spirit receiver, and notice of such accident is immediately on its discovery given to an officer, he shall inquire into the circumstances of the accident and report to the Collector, who may remit the duty on the quantity of spirit lost, but in default of such immediate notice no allowance for loss shall be made.
52  Provision to facilitate monthly accounts
		No distiller shall, between the hours of 6 o’clock in the evening of the last day of every month and 6 o’clock in the following morning, have or keep any spirits in any vessel in his distillery except in the chargers and receivers and in vats in the spirit store, and casks in the spirit warehouse, nor have or keep in the distillery any wash of which the lowest specific gravity has been declared.

Part VI—Vignerons
  
54  Distilling from and fortifying
		No vigneron’s still shall be used for distilling spirits from any material other than wine, or lees of wine, and spirits made by vignerons shall be used only for the purpose of fortifying Australian wine or as may be prescribed.
Penalty:	$1,000.
55  Supervision of officer
		All operations under this Act and fortifying of wine shall, unless exempted in writing by the Collector, be carried on in the presence of an officer.
56  Accommodation of officer
		Every person to whom a vigneron’s licence has been granted shall, if required by the Collector, provide board and lodging for the officer.
Penalty:	$1,000.
57  Customs control
		All spirits distilled by vignerons until used for fortifying wine or until delivered in manner prescribed shall be subject to the control of the Customs, and shall not be moved altered or interfered with except by authority and in accordance with this Act.
Penalty:	$20,000.

Part VIA—Fortification of Australian wines
  
57A  Application of Part
		This Part applies to and in relation to the fortification of Australian wine with spirit:
	(a)	which is subject to the control of the Customs; or
	(b)	in respect of which an entry, specifying that the spirit is for use for fortifying Australian wine, has been made.
57B  Interpretation
		In this Part, fortifying spirit means:
	(a)	a spirit distilled from wine or other products of wine making, being a spirit that contains not less than 74% by volume of alcohol; or
	(b)	Australian brandy that has been matured by storage in wood for a period of not less than 2 years, being brandy that contains not less than 57% by volume of alcohol and the flavouring and colouring matter (if any) in which are of kinds approved by the Collector for the purposes of this definition and do not cause obscuration of the strength of the brandy exceeding 1.7%.
58  Strength of spirits for fortifying
		Unless otherwise prescribed no spirits shall be used for fortifying wine unless they are approved by an officer.
Penalty:	$1,000.
59  Maximum strength of wine
	(1)	Subject to this section, Australian wine shall not be fortified:
	(a)	so as to contain more than 23% by volume of alcohol; or
	(b)	with any spirit other than fortifying spirit.
	(2)	Notwithstanding subsection (1), Australian wine which is intended for export may, with the written approval of the Collector given before the wine is fortified, be fortified so as to contain more than 23% by volume of alcohol.
Penalty:	$1,000.

Part VII—Powers of officers
Division 1—Preliminary
59A  Law relating to legal professional privilege not affected
		This Part does not affect the law relating to legal professional privilege.
59B  CEO may give directions concerning the exercise of powers under this Division
	(1)	Without limiting the generality of the power conferred on the CEO under subsection 4(4) of the Customs Administration Act 1985, the CEO may give directions in writing under that subsection concerning:
	(a)	the circumstances in which the powers under this Part may be exercised; and
	(b)	the officers of Customs who are entitled to exercise those powers; and
	(c)	the manner and frequency of reporting to the CEO concerning the exercise of those powers.
	(2)	A direction given for the purposes of subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Division 2—General regulatory powers
60  Access to distilleries and books
		Officers shall at all times have complete access to every part of all distilleries or premises on which a still is kept, and may examine, gauge, re‑test, take account of, and note any plant, materials, and spirits in the distillery or premises, and may examine and take copies of, or extracts from, all books and accounts required to be kept by the distiller for the information of the officers and of all books kept by the distiller in relation to the distillery or the making or sale of spirits.
62  Vessels to be emptied and cleaned
		For the purpose of testing the quantity of alcohol in any wash by distillation an officer may require any charger or receiver to be emptied and cleaned and any quantity of the wash to be distilled and the produce to be conveyed into the charger or receiver.
		For this purpose the distiller shall on request and on reasonable notice provide the officer with assistance.
		All low wines feints or spirits so distilled and conveyed into a charger or receiver shall be kept therein unmixed and unaltered until the officer has taken an account of the quantity and strength thereof.
Penalty:	$1,000.
63  Samples
		Any officer may take a sample of wort wash low wines feints or spirits from any vessel and the strength of any sample so taken shall be deemed the strength of the whole of the contents of the vessel from which it is taken.
		A distiller may before any such sample is taken stir up and mix together all the liquor contained in the vessel from which the sample is to be taken.
69  Power to lock
		Any officer may lock up seal mark fasten or otherwise secure any plant in or on any distillery or premises on which a still is kept and any seized goods; and no such lock, seal, mark, or fastening shall be opened, altered, broken, or erased except by authority.
Penalty:	$5,000.

Division 3—Miscellaneous
70  Official stills
		Nothing in this Act shall prevent the use of stills by officers for official purposes, or with permission by any public department of a State, or for any official educational or testing purposes.
71  Power to purchase samples
		No person being the owner of or in possession of any wine or spirits or of any liquor which an officer has reasonable ground to suspect is wine or spirits shall refuse to deliver to an officer samples of such wine, spirits or liquor on tender of a reasonable price for such samples.
Penalty:	$1,000.
72  Obstructing officers
		No person shall obstruct, molest, resist, or hinder any officer in the performance of his duty under this Act.
Penalty:	$100.

Part VIII—Penal Provisions
  
73  Forfeiture
		The following are forfeited to the Crown:
	(i)	All illicit stills, and other stills in which spirits have been distilled in contravention of this Act;
	(ii)	All illicit spirits, and the vessels in which they are contained;
	(iii)	All material capable of being used in the course of or in connexion with the distillation of spirits found on any premises on which there is an illicit still;
	(iv)	All vehicles, boats and animals conveying or having on board, or having packed therein or thereon, any illicit still or illicit spirits, and all animals and harness used in drawing any such vehicle;
	(v)	All wort and all wash removed from a distillery except by authority;
	(vi)	All low wines, feints, or spirits in any receiver or charger with which or to which any substance has been mixed or added except by authority which increases their specific gravity or prevents their true strength from being ascertained;
	(vii)	All wort or wash in a distillery the gravity of which cannot be correctly ascertained by the prescribed saccharometer;
	(viii)	All wort, wash, or fermented liquor unlawfully in a distillery;
	(ix)	All spirits found in any distillery elsewhere than in the proper charger, receiver, spirit store, or spirit warehouse;
	(x)	All spirits to which wine has been added for the purpose of breaking down or reducing the strength of the spirits.
73A  Unlawful possession of still
	(1)	A person, not being a distiller or a vigneron, shall not, without permission, have any still in his possession or custody or under his control.
Penalty:	$5,000.
	(2)	A distiller or a vigneron shall not, without permission, have any still in his possession or custody or under his control elsewhere than at his distillery or the premises to which his vigneron’s licence relates, as the case may be.
Penalty:	$5,000.
	(3)	This section does not apply to or in relation to a still of a capacity not exceeding 5 litres.
74  Offences as to illicit stills
		No person shall:
	(1)	Use an illicit still;
	(2)	Make any illicit spirits;
	(3)	Supply the means or materials for establishing, maintaining, or working any illicit still;
	(4)	Receive, carry, convey, or conceal, or have upon his premises or in his custody or under his control any illicit spirits;
	(5)	Be found without lawful excuse in any place where distillation is being illegally carried on;
	(6)	Sell or dispose of any illicit spirits;
	(7)	Purchase any illicit spirits knowing them to be illicit spirits;
	(8)	Make, sell, or have in his possession or custody or control any wash or wort intended for distillation by an illicit still.
Penalty:	$5,000.
76  Sale of wine or spirits unlawfully dealt with
		No person shall:
	(ii)	 Sell any Australian wine containing more than 23% by volume of alcohol;
	(iii)	Add any wine to spirits for the purpose of breaking down or reducing the strength of the spirits;
	(iv)	Sell any spirits the strength of which has been broken down or reduced by the addition of wine.
Penalty:	$5,000.
77  Distance of stores for sale of spirits from distillery
		A distiller shall not, except with permission, keep or make use of any store for the sale or storage of any duty‑paid spirits at any place within a distance of 90 metres from the licensed premises of the distiller.
Penalty:	$1,000.
77A  Removal of spirits when licence ceases to be in force
		Where a licence has been cancelled, or a licence has expired and has not been renewed, a person shall not, except by authority, remove, or cause to be removed, spirits on which duty has not been paid from the premises that were, under the licence, the licensed premises of the holder of the licence.
Penalty:	$5,000.

Part IX—Miscellaneous
  
81  Board and lodging to be paid for
		Any person providing board and lodging for an officer pursuant to the request of the Collector shall be entitled to fair remuneration therefor at such rates as shall be agreed or prescribed.
82  Removal of spirits on cancellation etc. of licence
	(1)	Where a licence has been cancelled, or a licence has expired and has not been renewed, the Collector may cause any spirits, being spirits on which duty has not been paid, on the premises that were, under the licence, the licensed premises of the holder of the licence, and, if he thinks fit, the vessels and packages in which those spirits are contained, to be removed to a warehouse or such other place of security as the collector thinks fit.
	(2)	Unless, within 6 months after the removal of spirits, vessels and packages under subsection (1):
	(a)	they are claimed, in writing, by the person entitled to them; and
	(b)	the duty, expenses of removal, warehouse rent and charges and other storage charges (if any) on or in respect of them are paid;
they may be sold by the Collector.
	(3)	The duty to be paid on spirits claimed under subsection (2) shall be calculated at the rate in force at the time when the duty is paid.
82A  Sale by Collector of removed spirits etc.
	(1)	Spirits, vessels and packages which the Collector is authorized to sell by section 82 (in this section referred to as removed goods) shall not be sold except by auction or by tender and after such public notice as is prescribed or, if no such notice is prescribed, after reasonable public notice.
	(2)	Removed goods may be sold either free of duty or subject to duty.
	(3)	The conditions on which removed goods are offered for sale shall include conditions that no bid or tender shall necessarily be accepted and that upon the acceptance of a bid or tender the successful bidder or tenderer shall pay the price in cash forthwith.
	(4)	If no bid or tender satisfactory to the Collector is made or received, removed goods may be re‑offered for sale until such a bid or tender is made or received.
	(5)	The proceeds of a sale of removed goods by the Collector shall be applied:
	(a)	in payment of the expenses of the sale;
	(b)	unless the goods are sold subject to duty, in payment of the duty on the goods;
	(c)	in payment of the expenses of the removal of the goods in pursuance of section 82; and
	(d)	in payment of the warehouse rent and charges and other storage charges (if any) in respect of the goods;
in that order, and the balance, if any, shall be paid to the Minister for Finance on account of the person entitled to it.
	(6)	The rate of duty applicable to removed goods sold by the Collector is the rate in force at the time of the sale.
82B  Review of decisions
	(1)	An application may be made to the Administrative Appeals Tribunal for review of:
	(a)	a decision of the Collector under section 20, 22 or 23; and
	(b)	a cancellation of a licence by the CEO under section 24.
	(2)	In subsection (1), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
83  Regulations
		The Governor‑General may make regulations not inconsistent with this Act for prescribing all matters which by this Act are required or permitted to be prescribed or which may be necessary or convenient to be prescribed for giving effect to this Act.

Schedules
Schedule 1 —Table of fees for licences to distil
For every spirit maker’s general licence | $100
For every spirit maker’s wine distilling licence | $50
For every vigneron’s licence. | $10
For every experimenter’s licence | $10

computing as from 1 January to 31 December and when by reason of the time of the granting of the licence it will not continue for a full year the amount of fee shall be reduced proportionately.

Notes to the Distillation Act 1901
Note 1
The Distillation Act 1901 as shown in this compilation comprises Act No. 8, 1901 amended as indicated in the Tables below.
Table of Acts

Act

Number 
and year

Date 
of Assent

Date of commencement

Application, saving or transitional provisions

Distillation Act 1901 | 8, 1901 | 5 Oct 1901 | 7 Oct 1901 (see Gazette 1901, p. 167) |
Spirits Act 1906 | 21, 1906 | 12 Oct 1906 | 1 Jan 1907 (see Gazette 1907, No. 1) | —
Distillation Act 1918 | 34, 1918 | 12 Dec 1918 | 12 Dec 1918 | —
Distillation Act 1923 | 9, 1923 | 11 Aug 1923 | 11 Aug 1923 | —
Distillation Act 1925 | 13, 1925 | 7 Sept 1925 | 7 Sept 1925 | —
Distillation Act 1931 | 3, 1931 | 18 Apr 1931 | 18 Apr 1931 | —
Distillation Act 1934 | 8, 1934 | 27 July 1934 | 27 July 1934 | —
Distillation Act 1947 | 86, 1947 | 11 Dec 1947 | 8 Jan 1948 | —
Statute Law Revision Act 1950 | 80, 1950 | 16 Dec 1950 | 31 Dec 1950 | Ss. 16 and 17
Distillation Act 1952 | 54, 1952 | 30 Sept 1952 | 28 Oct 1952 | —
Distillation Act 1954 | 55, 1954 | 6 Nov 1954 | 6 Nov 1954 | —
Distillation Act 1956 | 74, 1956 | 29 Oct 1956 | 29 Oct 1956 | —
Statute Law Revision (Decimal Currency) Act 1966 | 93, 1966 | 29 Oct 1966 | 1 Dec 1966 | —
Distillation Act 1968 | 16, 1968 | 16 May 1968 | 13 June 1968 | —

Distillation Act (No. 2) 1968

106, 1968

2 Dec 1968

Ss. 1, 2, 8 and 24: Royal Assent
Remainder: 1 Oct 1969 (see s. 2(2) and Gazette 1969, p. 5771)

Ss. 8(2) and 24

Distillation Act 1972 | 24, 1972 | 17 May 1972 | 1 July 1972 | —
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | Ss. 9(1) and 10
Administrative Changes (Consequential Provisions) Act 1978 | 36, 1978 | 12 June 1978 | 12 June 1978 | S. 8
Distillation Amendment Act 1980 | 56, 1980 | 23 May 1980 | 23 May 1980 | S. 3(2)
Statute Law Revision Act 1981 | 61, 1981 | 12 June 1981 | Part XI (ss. 52, 53): Royal Assent (a) | S. 53(2)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 | 72, 1984 | 25 June 1984 | S. 3: 17 June 1985 (see Gazette 1985, No. S207) (b) | S. 5(1)
Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 | 39, 1985 | 29 May 1985 | 10 June 1985 (see s. 2 and Gazette 1985, No. S194) | S. 4(1)‑(4)

Customs and Excise Legislation Amendment Act 1985

40, 1985

30 May 1985

Ss. 51 and 52: 
27 June 1985 (c)

S. 52(2)

Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986 | 10, 1986 | 13 May 1986 | 13 May 1986 | Ss. 2(2) and 4

Customs, Excise and Bounty Legislation Amendment Act 1995

85, 1995

1 July 1995

S. 8 (items 1‑4): 
1 July 1995 (d)
Ss. 11 (items 65‑68), 18 and 20: Royal Assent (d)

Ss. 18 and 20

(a)	The Distillation Act 1901 was amended by Part XI (sections 52 and 53) only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:
	(1)	Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(b)	The Distillation Act 1901 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(11) of which provides as follows:
	(11)	The amendments of the Distillation Act 1901 made by this Act shall come into operation on a day to be fixed by Proclamation.
(c)	The Distillation Act 1901 was amended by sections 51 and 52 only of the Customs and Excise Legislation Amendment Act 1985, subsection 2(1) of which provides as follows:
	(1)	Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(d)	The Distillation Act 1901 was amended by the Customs, Excise and Bounty Legislation Amendment Act 1995, subsections 2(1) and (5) of which provide as follows:
	(1)	Subject to subsections (2), (3), (4), (5) and (6), this Act commences on the day on which it receives the Royal Assent.
	(5)	Schedules 2 and 3, items 1, 26 to 45, 49 to 53 and 56 and 67 of Schedule 4, Schedule 6, items 6 to 11 of Schedule 7 and Schedules 8 and 10 commence on 1 July 1995. 

Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected | How affected
S. 3 | am. No. 55, 1954
| rs. No. 106, 1968
| am. No. 24, 1972
| rep. No. 216, 1973
| ad. No. 39, 1985
| am. No. 85, 1995
S. 6 | am. No. 34, 1918; Nos. 16 and 106, 1968; No. 24, 1972; No. 216, 1973; No. 56, 1980; No. 72, 1984; No. 39, 1985; No. 10, 1986; No. 85, 1995
S. 7 | rep. No. 80, 1950
S. 8 | rs. No. 106, 1968
| am. No. 56, 1980
S. 10 | am. No. 93, 1966; No. 106, 1968; No. 56, 1980; No. 40, 1985
S. 11 | am. No. 80, 1950
| rs. No. 55, 1954
| am. No. 56, 1980
S. 11A | ad. No. 34, 1918
| am. No. 3, 1931
| rs. No. 55, 1954
| am. No. 24, 1972; No. 56, 1980
S. 12 | am. No. 9, 1923
| rs. No. 86, 1947
| am. No. 93, 1966; No. 56, 1980; No. 40, 1985
S. 13 | am. No. 34, 1918; No. 56, 1980
S. 14 | rep. No. 34, 1918
S. 15 | rep. No. 106, 1968
S. 16 | rs. No. 34, 1918
S. 18 | rs. No. 34, 1918
| am. No. 55, 1954
S. 19 | rs. No. 34, 1918; No. 106, 1968
Ss. 20, 21 | am. No. 56, 1980
S. 22 | am. No. 34, 1918; No. 56, 1980
S. 24 | am. No. 56, 1980; No. 10, 1986; No. 85, 1995
Ss. 25‑27 | rep. No. 106, 1968
Heading to Part IV | rs. No. 106, 1968
S. 28 | rep. No. 106, 1968
S. 29 | am. No. 93, 1966
| rep. No. 106, 1968
S. 30 | am. No. 93, 1966; No. 56, 1980; No. 40, 1985
S. 31 | am. No. 93, 1966; No. 106, 1968; No. 56, 1980; No. 40, 1985
S. 32 | am. No. 93, 1966
| rep. No. 106, 1968
Ss. 33‑35 | am. No. 93, 1966; No. 56, 1980; No. 40, 1985
S. 36 | am. No. 34, 1918; No. 93, 1966; No. 56, 1980; No. 40, 1985; No. 85, 1995
S. 39 | am. No. 93, 1966
| rep. No. 106, 1968
S. 40 | am. No. 13, 1925; No. 55, 1954; No. 24, 1972; No. 56, 1980
S. 41 | am. No. 93, 1966
| rep. No. 106, 1968
S. 42 | am. No. 34, 1918; No. 86, 1947
| rep. No. 106, 1968
S. 43 | am. No. 34, 1918
| rep. No. 54, 1952
S. 44 | am. No. 34, 1918
S. 45 | am. No. 93, 1966
| rep. No. 106, 1968
S. 46 | am. No. 85, 1995
Ss. 48, 49 | rs. No. 54, 1952
| rep. No. 106, 1968
S. 50 | rs. No. 54, 1952
| am. No. 56, 1980
S. 50A | ad. No. 54, 1952
| am. No. 106, 1968; No. 216, 1973; No. 56, 1980
S. 51 | am. No. 106, 1968
S. 52 | am. No. 56, 1980
S. 53 | rep. No. 24, 1972
S. 54 | am. No. 93, 1966; No. 56, 1980; No. 40, 1985
S. 55 | rs. No. 34, 1918
S. 56 | am. No. 93, 1966; No. 56, 1980; No. 40, 1985
S. 57 | am. No. 93, 1966; No. 106, 1968; No. 56, 1980; No. 40, 1985
Heading to Part VIA | ad. No. 55, 1954
S. 57A | ad. No. 74, 1956
S. 57B | ad. No. 74, 1956
| am. No. 24, 1972; No. 56, 1980
| rs. No. 72, 1984
S. 58 | am. No. 21, 1906; No. 93, 1966; No. 106, 1968; No. 56, 1980; No. 40, 1985
S. 59 | am. No. 21, 1906
| rs. No. 3, 1931
| am. No. 8, 1934; No. 74, 1956; No. 93, 1966; No. 24, 1972; No. 56, 1980; No. 72, 1984; No. 40, 1985

Div. 1 of Part VII	
(ss. 59A, 59B)

ad. No. 85, 1995

Ss. 59A, 59B | ad. No. 85, 1995
Heading to Div. 2 of Part VII | ad. No. 85, 1995
S. 61 | rep. No. 85, 1995
S. 62 | am. No. 93, 1966; No. 106, 1968; No. 24, 1972; No. 56, 1980; No. 40, 1985
Ss. 64‑66 | rep. No. 85, 1995
S. 67 | am. No. 93, 1966; No. 56, 1980; No. 40, 1985
| rep. No. 85, 1995
S. 68 | am. No. 56, 1980
| rep. No. 85, 1995
S. 69 | am. No. 93, 1966; No. 56, 1980; No. 40, 1985
Heading to Div. 3 of Part VII | ad. No. 85, 1995
S. 71 | am. No. 93, 1966; No. 56, 1980; No. 40, 1985
S. 72 | am. No. 93, 1966; No. 56, 1980
S. 73 | am. No. 86, 1947; No. 106, 1968; No. 216, 1973
S. 73A | ad. No. 106, 1968
| am. No. 24, 1972; No. 56, 1980; No. 40, 1985
S. 74 | am. No. 93, 1966; No. 106, 1968; No. 56, 1980; No. 40, 1985
S. 75 | rep. No. 3, 1931
S. 76 | am. No. 21, 1906; No. 34, 1918; No. 93, 1966; No. 24, 1972; No. 56, 1980; No. 40, 1985
S. 77 | am. No. 55, 1954; No. 93, 1966; No. 24, 1972; No. 56, 1980; No. 40, 1985
S. 77A | ad. No. 74, 1956
| am. No. 93, 1966; No. 106, 1968; No. 56, 1980; No. 40, 1985
S. 78 | am. No. 93, 1966; No. 56, 1980
| rep. No. 40, 1985
Ss. 79, 80 | rep. No. 216, 1973
S. 82 | rep. No. 34, 1918
| ad. No. 74, 1956
| am. No. 106, 1968; No. 56, 1980
S. 82A | ad. No. 74, 1956
| am. No. 36, 1978; No. 56, 1980
S. 82B | ad. No. 61, 1981
| am. No. 10, 1986; No. 85, 1995
S. 84 | rep. No. 34, 1918
Schedule I | rs. No. 34, 1918
| am. No. 93, 1966; No. 56, 1980
Schedule II | rs. No. 34, 1918
| rep. No. 55, 1954
Schedule III | rep. No. 34, 1918

Distillation Act 1901