DISTILLATION ACT 1901
- Reprinted as at 31 March 1984 (HISTACT CHAP 121 #DATE 31:03:1984)
*1* The Distillation Act 1901 as shown in this reprint comprises Act No. 8,
1901 amended as indicated in the Tables below.
(The citation "Distillation Act 1901" is provided for by the Amendments
Incorporation Act 1905 and the Acts Citation Act 1976.)
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement
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 No. 1,
1907, p. 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
and 53): Royal
Assent (a) S. 53 (2)
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(a) The Distillation Act 1901 was amended by Part XI
(sections 52 and 53) only of the Statute Law Revision Act 1981,
sub-section 2 (1) of which provides that Part XI shall come into operation on
Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
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S. 3 . . . . . . . . am. No. 55, 1954
rs. No. 106, 1968
am. No. 24, 1972
rep. No. 216, 1973
S. 6 . . . . . . . . am. No. 34, 1918; Nos. 16 and 106, 1968; No. 24,
1972; No. 216, 1973; No. 56, 1980
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
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
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
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
S. 31 . . . . . . . . am. No. 93, 1966; No. 106, 1968; No. 56, 1980
S. 32 . . . . . . . . am. No. 93, 1966
rep. No. 106, 1968
Ss. 33-35 . . . . . . am. No. 93, 1966; No. 56, 1980
S. 36 . . . . . . . . am. No. 34, 1918; No. 93, 1966; No. 56, 1980
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
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
S. 55 . . . . . . . . rs. No. 34, 1918
S. 56 . . . . . . . . am. No. 93, 1966; No. 56, 1980
S. 57 . . . . . . . . am. No. 93, 1966; No. 106, 1968; No. 56, 1980
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
S. 58 . . . . . . . . am. No. 21, 1906; No. 93, 1966; No. 106, 1968;
No.
56, 1980
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
S. 62 . . . . . . . . am. No. 93, 1966; No. 106, 1968; No. 24, 1972;
No.
56, 1980
S. 67 . . . . . . . . am. No. 93, 1966; No. 56, 1980
S. 68 . . . . . . . . am. No. 56, 1980
S. 69 . . . . . . . . am. No. 93, 1966; No. 56, 1980
Ss. 71, 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
S. 74 . . . . . . . . am. No. 93, 1966; No. 106, 1968; No. 56, 1980
S. 75 . . . . . . . . rep. No. 3, 1931
S. 76 . . . . . . . . am. No. 21, 1906; No. 34, 1918; No. 93, 1966;
No.
24, 1972; No. 56, 1980
S. 77 . . . . . . . . am. No. 55, 1954; No. 93, 1966; No. 24, 1972;
No.
56, 1980
S. 77A . . . . . . . ad. No. 74, 1956
am. No. 93, 1966; No. 106, 1968; No. 56, 1980
S. 78 . . . . . . . . am. No. 93, 1966; No. 56, 1980
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
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
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DISTILLATION ACT 1901 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-INTRODUCTORY
Section
1. Short title
2. Commencement
4. Act to apply
5. Ordinary course of distillation
6. Interpretation
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 5 litres
PART III-LICENCES
12. Distillation of spirits
13. Description of licences
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
PART IV-REGULATION OF DISTILLERIES
30. Facilities to officers
31. Duties of distiller
33. No other trade to be carried on upon the premises
34. Distillation only on licensed 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
40. Quantity of spirits that may be removed
44. Deficiency in quantity on removal to warehouse
46. Strength of spirits
47. Obscuration
50. Deficiencies
50A Recovery of amounts payable under section 50
51. Loss during distillation
52. Provision to facilitate monthly accounts
PART VI-VIGNERONS
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. Interpretation
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
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
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.
82B. Review of decisions
83. Regulations
SCHEDULE I
Table of Fees for Licences to Distil
DISTILLATION ACT 1901 - LONG TITLE
SECT
An Act relating to Distillation
DISTILLATION ACT 1901 - PART I
PART I-INTRODUCTORY
DISTILLATION ACT 1901 - SECT 1
Short title
SECT
1. This Act may be cited as the Distillation Act 1901.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
DISTILLATION ACT 1901 - SECT 2
Commencement
SECT
2. This Act shall commence on a day to be fixed by Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
DISTILLATION ACT 1901 - 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 - 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 - SECT 6
Interpretation
SECT
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.
"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 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.
"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.
(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.
DISTILLATION ACT 1901 - SECT 8
Incorporation of provisions of the Excise Act
SECT
8. (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.
DISTILLATION ACT 1901 - 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 - PART II
PART II-STILLS
DISTILLATION ACT 1901 - SECT 10
Making, selling or importing stills
SECT
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: $200.
DISTILLATION ACT 1901 - SECT 11
Use of stills for purposes other than the distillation of spirits
SECT
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 sub-section (2), of his intention to use the still for that
purpose.
(2) A notice under sub-section (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.
DISTILLATION ACT 1901 - SECT 11A
Stills of a capacity not exceeding 5 litres
SECT
11A. The provisions of sections 10 and 11 do not apply to or in relation to
a still of a capacity not exceeding 5 litres.
DISTILLATION ACT 1901 - PART III
PART III-LICENCES
DISTILLATION ACT 1901 - SECT 12
Distillation of spirits
SECT
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: $1,000.
DISTILLATION ACT 1901 - SECT 13
Description of licences
SECT
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.
(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.
DISTILLATION ACT 1901 - SECT 16
Licence fees
SECT
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 - 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 - SECT 18
Applicant to pay licence fee and give security
SECT
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.
DISTILLATION ACT 1901 - SECT 19
Form of security
SECT
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 - SECT 20
Collector to grant licence
SECT
20. (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.
DISTILLATION ACT 1901 - SECT 21
Period of licences
SECT
21. Licences shall unless previously cancelled remain in force until 31
December next after the granting of the licence.
DISTILLATION ACT 1901 - SECT 22
Renewal of licences
SECT
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 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.
DISTILLATION ACT 1901 - 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 - SECT 24
Transfer and cancellation
SECT
24. (1) 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.
(2) Without limiting sub-section (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.
DISTILLATION ACT 1901 - PART IV
PART IV-REGULATION OF DISTILLERIES
DISTILLATION ACT 1901 - SECT 30
Facilities to officers
SECT
30. Every distiller shall provide all reasonable facilities for enabling
officers to exercise their powers under this Act.
Penalty: $100.
DISTILLATION ACT 1901 - SECT 31
Duties of distiller
SECT
31. 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: $200.
DISTILLATION ACT 1901 - SECT 33
No other trade to be carried on upon the premises
SECT
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: $200.
DISTILLATION ACT 1901 - SECT 34
Distillation only on licensed premises
SECT
34. No distiller shall distil spirits on any premises other than his
distillery.
Penalty: $1,000.
DISTILLATION ACT 1901 - SECT 35
Prohibitions
SECT
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: $200.
DISTILLATION ACT 1901 - SECT 36
No alteration to be made in premises without permission
SECT
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: $200.
DISTILLATION ACT 1901 - 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 - 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 - PART V
PART V-REMOVAL OF SPIRITS, AND COMPUTATION AND PAYMENT OF DUTY
DISTILLATION ACT 1901 - SECT 40
Quantity of spirits that may be removed
SECT
40. 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.
DISTILLATION ACT 1901 - SECT 44
Deficiency in quantity on removal to warehouse
SECT
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.
DISTILLATION ACT 1901 - 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 - 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.
DISTILLATION ACT 1901 - SECT 50
Deficiencies
SECT
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), 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 sub-section (2).
DISTILLATION ACT 1901 - SECT 50A
Recovery of amounts payable under section 50
SECT
50A. (1) An amount payable under sub-section 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 sub-section (1), a statement or averment of the
Collector is evidence of the matter or matters so stated or averred.
DISTILLATION ACT 1901 - SECT 51
Loss during distillation
SECT
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 - SECT 52
Provision to facilitate monthly accounts
SECT
52. 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.
DISTILLATION ACT 1901 - PART VI
PART VI-VIGNERONS
DISTILLATION ACT 1901 - SECT 54
Distilling from and fortifying
SECT
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: $200.
DISTILLATION ACT 1901 - SECT 55
Supervision of officer
SECT
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 - SECT 56
Accommodation of officer
SECT
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: $40.
DISTILLATION ACT 1901 - SECT 57
Customs control
SECT
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: $1,000.
DISTILLATION ACT 1901 - PART VIA
PART VIA-FORTIFICATION OF AUSTRALIAN WINES
DISTILLATION ACT 1901 - SECT 57A
Application of Part
SECT
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 - SECT 57B
Interpretation
SECT
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 80% by volume
of alcohol; or
(b) spirit distilled wholly from wine, the fermented juice of fresh grapes,
being blended spirit containing not less than 25% of spirit of the kind
referred to in paragraph (a),
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 2
years.
DISTILLATION ACT 1901 - SECT 58
Strength of spirits for fortifying
SECT
58. Unless otherwise prescribed no spirits shall be used for fortifying wine
unless they are approved by an officer.
Penalty: $40.
DISTILLATION ACT 1901 - SECT 59
Maximum strength of wine
SECT
59. (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 other spirit than pure wine spirit that contains not less than
74% by volume of alcohol.
(2) Australian wine may be fortified with matured wine spirit containing not
less than 57% 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 1.7%.
(2A) Australian wine may be fortified with pure wine spirit, not being
matured wine spirit, containing less than 74% by volume of alcohol if-
(a) the spirit contains not less than 62% 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 2 years after the date of its
last fortification with spirit of that kind.
(2B) Australian wine that has been fortified with pure wine spirit of the
kind referred to in sub-section (2A) shall not be removed from the control of
the Customs within a period of 2 years after the date of its last
fortification with spirit of that kind.
(3) Notwithstanding anything contained in this section, Australian wine
which is intended for export may be fortified so as to contain not more than
24% by volume of alcohol.
(4) Australian wine which has been fortified so as to contain more than 23%
by volume of alcohol shall not be entered for home consumption.
Penalty: $40.
DISTILLATION ACT 1901 - PART VII
PART VII-POWERS OF OFFICERS
DISTILLATION ACT 1901 - SECT 60
Access to distilleries and books
SECT
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 - 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 - SECT 62
Vessels to be emptied and cleaned
SECT
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: $200.
DISTILLATION ACT 1901 - 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 - 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 - 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 - 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 - SECT 67
Power to search vehicles
SECT
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: $40.
DISTILLATION ACT 1901 - 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
police station or place of security or mark and impound them on the premises
where they are found.
DISTILLATION ACT 1901 - SECT 69
Power to lock
SECT
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: $200.
DISTILLATION ACT 1901 - 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 - SECT 71
Power to purchase samples
SECT
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: $40.
DISTILLATION ACT 1901 - SECT 72
Obstructing officers
SECT
72. No person shall obstruct, molest, resist, or hinder any officer in the
performance of his duty under this Act.
Penalty: $100.
DISTILLATION ACT 1901 - PART VIII
PART VIII-PENAL PROVISIONS
DISTILLATION ACT 1901 - SECT 73
Forfeiture
SECT
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 - SECT 73A
Unlawful possession of still
SECT
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: $1,000.
(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: $1,000.
(3) This section does not apply to or in relation to a still of a capacity
not exceeding 5 litres.
DISTILLATION ACT 1901 - SECT 74
Offences as to illicit stills
SECT
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: $1,000.
DISTILLATION ACT 1901 - SECT 76
Sale of wine or spirits unlawfully dealt with
SECT
76. 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: $100.
DISTILLATION ACT 1901 - SECT 77
Distance of stores for sale of spirits from distillery
SECT
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 90 metres from the licensed premises of the distiller.
Penalty: $200.
DISTILLATION ACT 1901 - SECT 77A
Removal of spirits when licence ceases to be in force
SECT
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: $1,000.
DISTILLATION ACT 1901 - SECT 78
Penalty in cases not provided for
SECT
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 $100.
DISTILLATION ACT 1901 - PART IX
PART IX-MISCELLANEOUS
DISTILLATION ACT 1901 - SECT 81
Board and lodging to be paid for
SECT
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 - SECT 82
Removal of spirits on cancellation, & c., of licence
SECT
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
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 sub-section (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 sub-section (2) shall be
calculated at the rate in force at the time when the duty is paid.
DISTILLATION ACT 1901 - SECT 82A
Sale by Collector of removed spirits, &c.
SECT
82A. (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.
DISTILLATION ACT 1901 - SECT 82B
Review of decisions
SECT
82B. (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 Minister under section 24.
(2) In sub-section (1), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
DISTILLATION ACT 1901 - 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.
DISTILLATION ACT 1901 - SCHEDULE 1
SCH
SCHEDULES
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
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.