DISTILLATION ACT 1901
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 13 #DATE 19:12:1973)
DISTILLATION ACT 1901-1973 - TABLE OF PROVISIONS
TABLE
DISTILLATION ACT 1901-1973
TABLE OF PROVISIONS
PART I-INTRODUCTORY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Act to apply
5. Ordinary course of distillation
6. Interpretation
7. (Repealed)
8. Incorporation of provisions of the Excise Act
9. Parts IV and V apply to spirit makers only
PART II-STILLS
10. Making, selling or importing stills
11. Use of stills for purposes other than the distillation of spirits
11A. Stills of a capacity not exceeding five litres
PART III-LICENCES
12. Distillation of spirits
13. Description of licences
14, 15. (Repealed)
16. Licence fees
17. Applications
18. Applicant to pay licence fee and give security
19. Form of security
20. Collector to grant licence
21. Period of licences
22. Renewal of licences
23. Fresh security
24. Transfer and cancellation
25-27. (Repealed)
PART IV-REGULATION OF DISTILLERIES
28, 29. (Repealed)
30. Facilities to officers
31. Duties of distiller
32. (Repealed)
33. No other trade to be carried on upon the premises
34. Distillation only on licenced premises
35. Prohibitions
36. No alteration to be made in premises without permission
37. Methylation
38. Responsibility of distillers
PART V-REMOVAL OF SPIRITS, AND
COMPUTATION AND PAYMENT OF DUTY
39. (Repealed)
40. Quantity of spirits that may be removed
41-43. (Repealed)
44. Deficiency in quantity on removal to warehouse
45. (Repealed)
46. Strength of spirits
47. Obscuration
48, 49. (Repealed)
50. Deficiencies
50A. Recovery of amounts payable under section 50
51. Loss during distillation
52. Provision to facilitate monthly accounts
PART VI-VIGNERONS
53. (Repealed)
54. Distilling from and fortifying
55. Supervision of officer
56. Accommodation of officer
57. Customs control
PART VIA-FORTIFICATION OF AUSTRALIAN WINES
57A. Application of Part
57B. Definition
58. Strength of spirits for fortifying
59. Maximum strength of wine
PART VII-POWERS OF OFFICERS
60. Access to distilleries and books
61. Power to enter premises
62. Vessels to be emptied and cleaned
63. Samples
64. Powers of officer in detecting illegal dealing with spirits
65. Power under writ of assistance
66. Power to stop persons carrying goods
67. Power to search vehicles
68. Power of seizure
69. Power to lock
70. Official stills
71. Power to purchase samples
72. Obstructing officers
PART VIII-PENAL PROVISIONS
73. Forfeiture
73A. Unlawful possession of still
74. Offences as to illicit stills
75. (Repealed)
76. Sale of wine or spirits unlawfully dealt with
77. Distance of stores for sale of spirits from distillery
77A. Removal of spirits when licence ceases to be in force
78. Penalty in cases not provided for
79, 80. (Repealed)
PART IX-MISCELLANEOUS
81. Board and lodging to be paid for
82. Removal of spirits on cancellation, &c., of licence
82A. Sale by Collector of removed spirits, &c.
83. Regulations
SCHEDULES
SCHEDULE I
Table of Fees for Licences to Distil
SCHEDULES II and III
(Repealed)
DISTILLATION ACT 1901-1973 - SECT. 1.
Short title.
SECT
DISTILLATION ACT 1901-1973
An Act relating to Distillation.
PART I-INTRODUCTORY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Distillation Act 1901-1973.*
DISTILLATION ACT 1901-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall commence on a day to be fixed by proclamation.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 4.
Act to apply.
SECT
4. This Act shall apply to the distillation of spirits on which any duty of
Excise is imposed by the Parliament.
DISTILLATION ACT 1901-1973 - SECT. 5.
Ordinary course of distillation.
SECT
5. 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.
DISTILLATION ACT 1901-1973 - SECT. 6.
Interpretation.
SECT
Sub-section (1) amended by No. 34, 1918, s. 2; No. 16, 1968, s. 2; No. 106,
1968, s. 4; No. 24, 1972, s. 3; and No. 216, 1973, s. 3.
6. (1) In this Act except where otherwise clearly intended-
''Alcohol'' means ethyl alcohol.
''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.
''Collector'' includes the Comptroller and any Collector of Customs for a
State or Territory and any principal officer of Customs doing duty at the time
and place and any officer doing duty in the matter in relation to which the
expression is used.
''Comptroller'' means the Comptroller-General of Customs.
''Distiller'' means a person who holds a spirit maker's licence issued
pursuant to this Act.
''Distillery'' means the licensed premises of a distiller.
''Feints'' means spirits received into the feints receiver.
''Gazette Notice'' means a notice signed by the Minister 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 1901-1973.
''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 the fermented juice of the grape.
''Wort'' means the liquor from mashed material before it has commenced to
ferment.
Added by No. 24, 1972, s. 3.
(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 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.
Section 7 repealed by No. 80, 1950, s. 3.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 8.
Incorporation of provisions of the Excise Act.
SECT
Substituted by No. 106, 1968, s. 5.
8. (1) Parts II, V, VI, VIII, IX, X, XI, XII, XIII and XIV (other than
sections one hundred and sixty-two A and one hundred and sixty- two B) of the
Excise Act 1901-1968, 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 1901-1968 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.
DISTILLATION ACT 1901-1973 - SECT. 9.
Parts IV and V apply to spirit makers only.
SECT
9. Parts IV and V apply only to distillers holding spirit makers'
licences.
DISTILLATION ACT 1901-1973 - SECT. 10.
Making, selling or importing stills.
SECT
PART II-STILLS
Amended by No. 93, 1966, s. 3; and No. 106, 1968, s. 6.
10. 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: Two hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 11.
Use of stills for purposes other than the distillation of spirits.
SECT
Substituted by No. 55, 1954, s. 4.
11. (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 the next succeeding sub-section, of his intention to use the
still for that purpose.
(2) A notice under the last preceding sub-section 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.
DISTILLATION ACT 1901-1973 - SECT. 11A.
Stills of a capacity not exceeding five litres.
SECT
Substituted by No. 55, 1954, s. 4; amended by No. 24, 1972, s. 3.
11A. The provisions of the last two preceding sections do not apply to or in
relation to a still of a capacity not exceeding five litres.
DISTILLATION ACT 1901-1973 - SECT. 12.
Distillation of spirits.
SECT
PART III-LICENCES
Substituted by No. 86, 1947, s. 2; amended by No. 93, 1966, s. 3.
12. 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: One thousand dollars.
DISTILLATION ACT 1901-1973 - SECT. 13.
Description of licences.
SECT
Amended by No. 34, 1918, s. 4.
13. 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.
Section 14 repealed by No. 34, 1918, s. 5; section 15 repealed by No. 106,
1968, s. 7
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 16.
Licence fees.
SECT
Substituted by No. 34, 1918, s. 6.
16. (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.
DISTILLATION ACT 1901-1973 - SECT. 17.
Applications.
SECT
17. Applications for licences may be made to the Collector and shall be in
the form and be accompanied by the particulars prescribed.
DISTILLATION ACT 1901-1973 - SECT. 18.
Applicant to pay licence fee and give security.
SECT
Substituted by No. 34, 1918, s. 7.
18. (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.
Sub-section (2) omitted by No. 55, 1954, s. 5.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 19.
Form of security.
SECT
Substituted by No. 106, 1968, s. 8.
19. 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.
DISTILLATION ACT 1901-1973 - SECT. 20.
Collector to grant licence.
SECT
20. 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.
DISTILLATION ACT 1901-1973 - SECT. 21.
Period of licences.
SECT
21. Licences shall unless previously cancelled remain in force until the
thirty-first day of December next after the granting of the licence.
DISTILLATION ACT 1901-1973 - SECT. 22.
Renewal of licences.
SECT
Amended by No. 34, 1918, s. 9.
22. (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 seven days the time within which application for renewal
of the licence and payment of the licence fee shall be made.
Added by No. 34, 1918, s. 9.
(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.
DISTILLATION ACT 1901-1973 - SECT. 23.
Fresh security.
SECT
23. 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.
DISTILLATION ACT 1901-1973 - SECT. 24.
Transfer and cancellation.
SECT
24. Licences may be transferred by permission on security being given by the
transferee and may be cancelled by the Minister by Gazette notice if the
licensee is convicted of any offence against this Act.
Sections 25, 26 and 27 repealed by No. 106, 1968, s. 9.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 30.
Heading substituted by No. 106, 1968, s. 10.
SECT
PART IV-REGULATION OF DISTILLERIES
Sections 28 and 29 repealed by No. 106, 1968, s. 11.
* * * * * * * *
Facilities to officers.
Amended by No. 93, 1966, s. 3.
30. Every distiller shall provide all reasonable facilities for enabling
officers to exercise their powers under this Act.
Penalty: One hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 31.
Duties of distiller.
SECT
Amended by No. 93, 1966, s. 3; and No. 106, 1968, s. 12.
31. In particular and without limiting the effect of the previous section
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: Two hundred dollars
Section 32 repealed by No. 106, 1968, s. 13.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 33.
No other trade to be carried on upon the premises.
SECT
Amended by No. 93, 1966, s. 3.
33. 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: Two hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 34.
Distillation only on licensed premises.
SECT
Amended by No. 93, 1966, s. 3.
34. No distiller shall distil spirits on any premises other than his
distillery.
Penalty: One thousand dollars.
DISTILLATION ACT 1901-1973 - SECT. 35.
Prohibitions.
SECT
Amended by No. 93, 1966, s. 3.
35. 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: Two hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 36.
No alteration to be made in premises without permission.
SECT
Amended by No. 34, 1918, s. 10; and No. 93, 1966, s. 3.
36. 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 Comptroller 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: Two hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 37.
Methylation.
SECT
37. A distiller may in the manner and subject to the conditions prescribed
methylate spirits in his distillery.
DISTILLATION ACT 1901-1973 - SECT. 38.
Responsibility of distillers.
SECT
38. 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.
DISTILLATION ACT 1901-1973 - SECT. 40.
Quantity of spirits that may be removed.
SECT
PART V-REMOVAL OF SPIRITS, AND COMPUTATION AND PAYMENT OF DUTY
Section 39 repealed by No. 106, 1968, s. 13.
* * * * * * * *
Amended by No. 13, 1925, s. 2; No. 55, 1954, s. 6; and No. 24, 1972, s. 3.
40. No entry authorizing the removal of spirits shall be passed in respect
of a smaller quantity than forty-five litres unless the distiller or owner has
obtained permission to make the entry.
Sections 41 and 42 repealed by No. 106, 1968, s. 13; section 43 repealed by
No. 54, 1952, s. 2.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 44.
Deficiency in quantity on removal to warehouse.
SECT
Amended by No. 34, 1918, s. 13.
44. 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.
Section 45 repealed by No. 106, 1968, s. 13.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 46.
Strength of spirits.
SECT
46. The strength of spirits may be ascertained for the purposes of duty by
means of a hydrometer approved by the Comptroller.
DISTILLATION ACT 1901-1973 - SECT. 47.
Obscuration.
SECT
47. 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.
Sections 48 and 49 repealed by No. 106, 1968, s. 13.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 50.
Deficiencies.
SECT
Substituted by No. 54, 1952, s. 3.
50. (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 sub-section (1) of
this section, 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 the last preceding sub-section.
DISTILLATION ACT 1901-1973 - SECT. 50A.
Recovery of amounts payable under section 50.
SECT
Inserted by No. 54, 1952, s. 3. Sub-section (1) amended by No. 106, 1968, s.
14.
50A. (1) An amount payable under sub-section (2) of the last preceding
section 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.
Amended by No. 216, 1973, s. 3.
(2) In proceedings under the last preceding sub-section, a statement or
averment of the Collector is evidence of the matter or matters so stated or
averred.
DISTILLATION ACT 1901-1973 - SECT. 51.
Loss during distillation.
SECT
Amended by No. 106, 1968, s. 15.
51. 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.
DISTILLATION ACT 1901-1973 - SECT. 52.
Provision to facilitate monthly accounts.
SECT
52. No distiller shall, between the hours of six o'clock in the evening of
the last day of every month and six 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.
DISTILLATION ACT 1901-1973 - SECT. 54.
Distilling from and fortifying.
SECT
PART VI-VIGNERONS
Section 53 repealed by No. 24, 1972, s. 3.
* * * * * * * *
Amended by No. 93, 1966, s. 3.
54. 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: Two hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 55.
Supervision of officer.
SECT
Substituted by No. 34, 1918, s. 14.
55. 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.
DISTILLATION ACT 1901-1973 - SECT. 56.
Accommodation of officer.
SECT
Amended by No. 93, 1966, s. 3.
56. 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: Forty dollars.
DISTILLATION ACT 1901-1973 - SECT. 57.
Customs control.
SECT
Amended by No. 93, 1966, s. 3; and No. 106, 1968, s. 16.
57. 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: One thousand dollars.
DISTILLATION ACT 1901-1973 - SECT. 57A.
Heading inserted by No. 55, 1954, s. 7.
SECT
PART VIA-FORTIFICATION OF AUSTRALIAN WINES
Application of Part.
Inserted by No. 74, 1956, s. 3.
57A. 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.
DISTILLATION ACT 1901-1973 - SECT. 57B.
Definition.
SECT
Inserted by No. 74, 1956, s. 3; amended by No. 24, 1972, s. 3.
57B. In this Part, ''matured wine spirit'' means-
(a) spirit distilled wholly from wine, the fermented juice of fresh grapes,
by a pot-still or similar process and containing not more than eighty per
centum by volume of alcohol; or
(b) spirit distilled wholly from wine, the fermented juice of fresh grapes,
being blended spirit containing not less than twenty-five per centum of spirit
of the kind referred to in the last preceding paragraph,
being, in either case, spirit that has been matured, while subject to the
control of the Customs, by storage in wood for a period of not less than two
years.
DISTILLATION ACT 1901-1973 - SECT. 58.
Strength of spirits for fortifying.
SECT
Amended by No. 21, 1906, s. 6; No. 93, 1966, s. 3; and No. 106, 1968, s. 17.
58. Unless otherwise prescribed no spirits shall be used for fortifying wine
unless they are approved by an officer.
Penalty: Forty dollars.
DISTILLATION ACT 1901-1973 - SECT. 59.
Maximum strength of wine.
SECT
Sub-section (1) substituted by No. 74, 1956, s. 4; amended by No. 24, 1972, s.
3.
59. (1) Subject to this section, Australian wine shall not be fortified-
(a) so as to contain more than twenty-three per centum by volume of
alcohol; or
(b) with any other spirit than pure wine spirit that contains not less than
seventy-four per centum by volume of alcohol.
Substituted by No. 74, 1956, s. 4; amended by No. 24, 1972, s. 3.
(2) Australian wine may be fortified with matured wine spirit containing not
less than fifty-seven per centum by volume of alcohol, the flavouring and
colouring matter (if any) in which are of kinds approved by the Collector for
the purposes of this sub-section and do not cause obscuration of the strength
of the wine spirit exceeding one and seven-tenths per centum.
Inserted by No. 74, 1956, s. 4; amended by No. 24, 1972, s. 3.
(2A) Australian wine may be fortified with pure wine spirit, not being
matured wine spirit, containing less than seventy-four per centum by volume of
alcohol if-
(a) the spirit contains not less than sixty-two per centum by volume of
alcohol; and
(b) the Collector is satisfied that the wine is to remain under the control
of the Customs for a period of not less than two years after the date of its
last fortification with spirit of that kind.
Inserted by No. 74, 1956, s. 4.
(2B) Australian wine that has been fortified with pure wine spirit of the
kind referred to in the last preceding sub-section shall not be removed from
the control of the Customs within a period of two years after the date of its
last fortification with spirit of that kind.
Inserted by No. 8, 1934, s. 2; amended by No. 24, 1972, s. 3.
(3) Notwithstanding anything contained in this section, Australian wine
which is intended for export may be fortified so as to contain not more than
twenty-four per centum by volume of alcohol.
Inserted by No. 8, 1934, s. 2; amended by No. 93, 1966, s. 3; and No. 24,
1972, s. 3.
(4) Australian wine which has been fortified so as to contain more than
twenty-three per centum by volume of alcohol shall not be entered for home
consumption.
Penalty: Forty dollars.
DISTILLATION ACT 1901-1973 - SECT. 60.
Access to distilleries and books.
SECT
PART VII-POWERS OF OFFICERS
60. 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.
DISTILLATION ACT 1901-1973 - SECT. 61.
Power to enter premises.
SECT
61. Any officer after having declared his name and business and demanded
admission to a distillery or any part thereof if not forthwith admitted
pursuant to his demand may break open any door or window or through any wall
in or on such distillery to obtain admission.
DISTILLATION ACT 1901-1973 - SECT. 62.
Vessels to be emptied and cleaned.
SECT
Amended by No. 93, 1966, s. 3; No. 106, 1968, s. 18; and No. 24, 1972, s. 3.
62. 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: Two hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 63.
Samples.
SECT
63. 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.
DISTILLATION ACT 1901-1973 - SECT. 64.
Powers of officer in detecting illegal dealing with spirits.
SECT
64. Any officer having reasonable cause of suspicion may either by day or
night break up the ground in or adjoining or near a distillery, or any wall or
partition thereof, and do any act which he may deem necessary for the purpose
of detecting any contravention of this Act and may on finding any pipe or
conveyance leading to or from the distillery break up or break any ground,
house, wall or other place through or into which the pipe or conveyance leads,
and may break up or cut away any such pipe or conveyance and turn any cock and
examine whether any such pipe or conveyance conveys or conceals any spirits.
DISTILLATION ACT 1901-1973 - SECT. 65.
Power under writ of assistance.
SECT
65. Any officer having with him a writ of assistance or a Customs warrant
under the Customs Act 1901 may at any time in the day or night enter into any
house, premises, or place, and may break open and search the same and any
depository, chests, trunks, or packages in which illicit stills or illicit
spirits may be or may be supposed to be.
DISTILLATION ACT 1901-1973 - SECT. 66.
Power to stop persons carrying goods.
SECT
66. Any officer having reasonable cause of suspicion may stop any person
carrying goods and question such person as to whether he has in his possession
any illicit still or illicit spirits, and may search any goods such person is
carrying.
DISTILLATION ACT 1901-1973 - SECT. 67.
Power to search vehicles.
SECT
Amended by No. 93, 1966, s. 3.
67. Any officer upon reasonable suspicion may stop and search any vehicle or
boat for the purpose of ascertaining whether any illicit still or illicit
spirits are thereon, and the driver of such vehicle or the person in charge of
such boat shall stop and permit an officer to search his vehicle or boat when
required by an officer so to do.
Penalty: Forty dollars.
DISTILLATION ACT 1901-1973 - SECT. 68.
Power of seizure.
SECT
68. Any officer may seize and secure any forfeited goods or any goods which
he has reasonable cause to believe are forfeited and may convey them to a
King's warehouse police station or place of security or mark and impound them
on the premises where they are found.
DISTILLATION ACT 1901-1973 - SECT. 69.
Power to lock.
SECT
Amended by No. 93, 1966, s. 3.
69. 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: Two hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 70.
Official stills.
SECT
70. 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.
DISTILLATION ACT 1901-1973 - SECT. 71.
Power to purchase samples.
SECT
Amended by No. 93, 1966, s. 3.
71. 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: Forty dollars.
DISTILLATION ACT 1901-1973 - SECT. 72.
Obstructing officers.
SECT
Amended by No. 93, 1966, s. 3.
72. No person shall obstruct, molest, resist, or hinder any officer in the
performance of his duty under this Act.
Penalty: One hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 73.
Forfeiture.
SECT
PART VIII-PENAL PROVISIONS
Amended by No. 86, 1947, s. 4; No. 106, 1968, s. 19; and No. 216, 1973, s. 3.
73. 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.
DISTILLATION ACT 1901-1973 - SECT. 73A.
Unlawful possession of still.
SECT
Inserted by No. 106, 1968, s. 20.
73A. (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: One thousand dollars.
(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: One thousand dollars.
Amended by No. 24, 1972, s. 3.
(3) This section does not apply to or in relation to a still of a capacity
not exceeding five litres.
DISTILLATION ACT 1901-1973 - SECT. 74.
Offences as to illicit stills.
SECT
Amended by No. 93, 1966, s. 3; and No. 106, 1968, s. 21.
74. 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: One thousand dollars.
Section 75 repealed by No. 3, 1931, s. 4.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 76.
Sale of wine or spirits unlawfully dealt with.
SECT
Amended by No. 21, 1906, s. 6; No. 34, 1918, s. 15; No. 93, 1966, s. 3; and
No. 24, 1972, s. 3.
76. No person shall-
* * * * * * * *
(ii) Sell any Australian wine containing more than twenty-three per centum
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: One hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 77.
Distance of stores for sale of spirits from distillery.
SECT
Amended by No. 55, 1954, s. 8; No. 93, 1966, s. 3; and No. 24, 1972, s. 3.
77. 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 ninety metres from the licensed premises of the distiller.
Penalty: Two hundred dollars.
DISTILLATION ACT 1901-1973 - SECT. 77A.
Removal of spirits when licence ceases to be in force.
SECT
Inserted by No. 74, 1956, s. 5; amended by No. 93, 1966, s. 3; and No. 106,
1968, s. 22.
77A. 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: One thousand dollars.
DISTILLATION ACT 1901-1973 - SECT. 78.
Penalty in cases not provided for.
SECT
Amended by No. 93, 1966, s. 3.
78. Any person by act or omission guilty of any contravention of this Act
for which no other penalty is provided, shall be liable to a penalty of not
more than One hundred dollars.
Sections 79 and 80 repealed by No. 216, 1973, s. 3.
* * * * * * * *
DISTILLATION ACT 1901-1973 - SECT. 81.
Board and lodging to be paid for.
SECT
PART IX-MISCELLANEOUS
81. 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.
DISTILLATION ACT 1901-1973 - SECT. 82.
Removal of spirits on cancellation, &c., of licence.
SECT
Repealed by No. 34, 1918, s. 16; inserted by No. 74, 1956, s. 6.
Sub-section (1) amended by No. 106, 1968, s. 23.
82. (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
Queen's warehouse or such other place of security as the Collector thinks
fit.
(2) Unless, within six months after the removal of spirits, vessels and
packages under the last preceding sub-section-
(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 the last preceding
sub-section shall be calculated at the rate in force at the time when the duty
is paid.
DISTILLATION ACT 1901-1973 - SECT. 82A.
Sale by Collector of removed spirits, &c.
SECT
Inserted by No. 74, 1956, s. 6.
82A. (1) Spirits, vessels and packages which the Collector is authorized to
sell by the last preceding section (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
the last preceding section; 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 Treasurer 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.
DISTILLATION ACT 1901-1973 - SECT. 83.
Regulations.
SECT
83. 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.
Section 84 repealed by No. 34, 1918, s. 17.
* * * * * * * *
-----------
DISTILLATION ACT 1901-1973 - SCHEDULES
SCH
SCHEDULES
Schedule.
Substituted by No. 34, 1918, s. 18; amended by No. 93, 1966, s. 3.
SCHEDULE I
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
computing as from the first day of January to the thirty-first day of 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.
Schedule II repealed by No. 55, 1954, s. 9;
Schedule III repealed by No. 34, 1918, s. 19.
* * * * * * * *
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--
DISTILLATION ACT 1901-1973 - NOTE
NOTE
1. The Distillation Act 1901-1973 comprises the Distillation Act 1901 as
amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------
Distillation Act 1901 No. 8, 1901 5 Oct 1901 7 Oct 1901 (see
Gazette 1901, p.
167)
Spirits Act 1906 No. 21, 1906 12 Oct 1906 1 Jan 1907
Distillation Act 1918 No. 34, 1918 12 Dec 1918 12 Dec 1918
Distillation Act 1923 No. 9, 1923 11 Aug 1923 11 Aug 1923
Distillation Act 1925 No. 13, 1925 7 Sept 1925 7 Sept 1925
Distillation Act 1931 No. 3, 1931 18 Apr 1931 18 Apr 1931
Distillation Act 1934 No. 8, 1934 27 July 1934 27 July 1934
Distillation Act 1947 No. 86, 1947 11 Dec 1947 8 Jan 1948
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Distillation Act 1952 No. 54, 1952 30 Sept 1952 28 Oct 1952
Distillation Act 1954 No. 55, 1954 6 Nov 1954 6 Nov 1954
Distillation Act 1956 No. 74, 1956 29 Oct 1956 29 Oct 1956
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Distillation Act 1968 No. 16, 1968 16 May 1968 13 June 1968
Distillation Act (No. 2)
1968 No. 106, 1968 2 Dec 1968 Ss. 1, 2, 8 and
24:
Royal Assent
Remainder: 1 Oct
1969 (a)
Distillation Act 1972 No. 24, 1972 17 May 1972 7 July 1972
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------
(a) Section 2 of the Distillation Act (No. 2) 1968 provides as follows:
''2. (1) Sections 1, 2, 8 and 24 of this Act shall come into operation on
the day on which this Act receives the Royal Assent.
''(2) The remaining provisions of this Act shall come into operation on
the date fixed under sub-section (3) of section 2 of the Customs Act (No. 2)
1968.''
The date fixed was 1 October 1969 (see Gazette 1969, p. 5771).