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Excise Regulations 1925 (Amendment)

Authoritative Version
SR 1931 No. 25 Regulations as made
These Regulations amend the Excise Regulations 1925.
Administered by: Treasury
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Gazetted 05 Mar 1931
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013

STATUTORY RULES.

1931. No. 25

 

REGULATIONS UNDER THE EXCISE ACT 1901-1923.

(Sixth Amendment.)

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Excise Act 1901-1923, to come into operation forthwith.

Dated this third day of March, 1931.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

_____

Amendment of Excise Regulations 1925.

(Statutory Rules 1925, No. 181, as amended to this date.)

1. Regulation 76 of the Excise Regulations is amended by inserting after the words “Playing Cards” the words “Concentrated Grape Must”.

2. After regulation 160 of the Excise Regulations the following regulations are inserted:—

CONCENTRATED GRAPE MUST REGULATIONS.

160a. In these Regulations “concentrated grape must” shall include any must or juice of grapes from which water has been extracted by evaporation, refrigeration or any other method.

Application for Licence.

160b. Applications for licences to manufacture concentrated grape must shall be in the form prescribed in Schedule VI. of the Act.

160c. The drawings and particulars to accompany applications for licences shall be as follows: —

(a) the name and situation of the factory;

(b) a plan of the buildings, a description of the plant, and sectional elevation drawings showing every apparatus and vessel and the position and capacity in gallons of every vessel used in the factory;

(c) the estimated quantity of concentrated grape must the plant is capable of producing per month.

Scale of Fees.

160d. The fee payable by a manufacturer for a licence shall be Five pounds per annum.

414.—Price 5d.


 

160e. The manufacturer shall, in addition, pay for the services of an officer, when required, the sum of Three shillings per hour or portion of an hour and the cost of the conveyance of the officer to and from the factory.

Security.

160f. Before a licence to manufacture concentrated grape must is issued, approved security in the sum of Five hundred pounds for compliance with the Act and these Regulations shall be furnished by the applicant.

Requirements as to Premises and Plant.

160g. The following requirements shall be complied with to the satisfaction of the Collector in relation to every factory licensed to manufacture concentrated grape must:—

Premises.

(a) The premises shall admit of the proper supervision of operations by officers.

Plant.

(b) There shall be erected in the factory—

(i) one or more vats or tanks for the reception of all must to be used in the manufacture of concentrated grape must;

(ii) one or more vats or tanks for the reception of the concentrated grape must when manufactured.

(c) A statement showing in respect of each vat or tank referred to in this regulation the capacity in imperial gallons at every inch and tenth of an inch of the height thereof shall be furnished by the manufacturer.

(d) Each vat or tank used in the factory shall be close covered and fitted with fastenings so that it can be securely locked.

(c) On the top of every vat or tank there shall be a dipping hole at which an officer can conveniently take a dip or gauge of the contents. The dipping hole shall have a cover and be fitted with a fastening to secure it by lock.

(f) The name of each vat or tank shall be painted thereon in oil colours and in conspicuous letters. Where more than one vessel is used for the same purpose distinctive numbers, in arithmetical progression commencing with 1, shall also be similarly painted thereon.

(g) Every cock, pump, valve, furnace door, or pipe used in conveying steam into any apparatus in the factory or any other part of the plant of the factory shall if so required by the Collector, be provided with fastenings so that it can be securely locked to his satisfaction.

(h) All locks required shall be supplied by the Collector at the expense of the manufacturer.


 

Notice Book.

160h. A notice book in accordance with Form 42—

(a) shall be supplied by the Collector to the manufacturer;

(b) shall be kept by the manufacturer at the factory;

(c) shall be delivered to the officer when a notice is entered therein.

160i. All notices required to be given by the manufacturer shall be given by entry in the notice book and delivery of the book to the officer.

160j. Every notice in the notice book shall be valid, notwithstanding any defect in form.

Notice of Intention to Manufacture.

160k. Every manufacturer who intends for the first time to commence to manufacture, and every manufacturer who has discontinued manufacture for more than two weeks, shall give to the Collector, six days before he begins to manufacture, a written notice specifying the time when he intends to commence manufacture, but an earlier commencement than the time specified may be sanctioned by authority.

Manufacturer’s Returns.

160l (a) Every manufacturer shall furnish to the Collector, in a form approved by the Comptroller, a monthly return showing in regard to the month covered by the return—

(i) the quantity and gravity (Beaumé) of all concentrated grape must in the factory at the commencement of the month;

(ii) the quantity and gravity (Beaumé) of all grape must used in the manufacture of concentrated grape must during the month;

(iii) the quantity and gravity (Beaumé) of all concentrated grape must manufactured, during the month;

(iv) the quantity and gravity (Beaumé) of all concentrated grape must used during the month;

(v) the quantify and gravity (Beaumé) of all concentrated grape must sold, and the names and addresses of all persons to whom it was sold, during the month; and

(vi) the quantity and gravity (Beaumé) of all concentrated grape must in the factory at the close of the last day of the month.

(b) such return shall be made up to the close of the last day of each month, and shall be verified by the manufacturer according to Form 22a, and shall be lodged with the Collector within seven days after the end of each month.

Size and Description of Containers.

160m. Concentrated grape must may be removed from the factory in containers of such description, size, or weight as is approved by the Collector.


 

Marking Containers.

160n. Every container of concentrated grape must in the factory shall be marked with the capacity and/or actual contents thereof as approved by the Collector.

Calculation of Quantity.

160o. The quantity of concentrated grape must in any vat, vessel, or container may be calculated by weight, measure, or gauge, as the Collector directs.

TaKing of Samples.

160p. An officer may take samples of any grape must or concentrated grape must in any factory.

Concentrated Grape Must for use other than for the Manufacture of Wine.

Application for Permission to Use.

160q. Any person who desires to use concentrated grape must other than for the manufacture of wine shall make an application in writing to the Collector for permission to do so and furnish the following particulars:—

(a) name in full of applicant;

(b) occupation;

(c) place where the concentrated grape must is to be used;

(d) article or articles in the manufacture of which the concentrated grape must is to be used.

160r. The Collector may approve of the application or may refuse it.

Security.

160s. If the application be approved by the Collector the applicant shall give security to the satisfaction of the Collector for compliance with these Regulations.

Issue of Permission.

160t. When security has been given the Collector may grant to the applicant written permission to obtain concentrated grape must for use other than for the manufacture of wine and duty shall be paid on such must before its removal to the premises specified in the application.

Book to be kept by Users of Concentrated Grape Must.

160u. Every person using concentrated grape must other than for the manufacture of wine shall keep a book according to Form 43, in which he shall enter daily—

(a) the quantity of such must received and the name of the manufacturer or person from whom it was received or purchased;

(b) the quantity used each day and the name of the article or articles in the manufacture of which it was used.

Checking of Stocks.

160v. At any factory where concentrated grape must is manufactured, or at any premises or place where such must is used or stored, the Collector shall cause the stocks to be checked periodically.


Declarations Verifying Books.

160w. All entries in books required by these Regulations to be kept by users of concentrated grape must shall be verified monthly by a declaration according to Form 22a.

Powers of Officers.

160x. An officer shall at all times have full access to any factory or promises where concentrated grape must is made, stored, or used, and may at all times inspect, examine, and take extracts from the records kept by the manufacturer, owner, or person using concentrated grape must in pursuance of these Regulations.

160y. The Schedule to the Regulations is amended by inserting after Form 41 the following forms:—

Regulation 160h.                                                                                                         Form 42.

Australian Excise.

Excise Act 1901-1923.

NOTICE BOOK.

..............................Factory.

Date and hour of giving Notice.

Grape must to be processed.

Concentrated Grape Must produced.

Signature.

Date.

Hour.

Gallons.

Degrees Beaumé.

Gallons.

Degrees Beaumé.

 

 

 

 

 

 

 

Regulation 106u.                                                                                                         Form 43.

Australian Excise.

FORM OF BOOK TO BE KEPT BY USERS OF CONCENTRATED GRAPE MUST OTHER THAN FOR THE MANUFACTURE OF WINE, DELIVERED UNDER ITEM 13 (b) OF THE EXCISE TARIFF.

..........................................................Name of user.

............................................ (Situation of premises.

Date.

Quantity received.

From whom received.

Date.

Quantity used.

Purpose for which used.

 

Gallons.

 

 

Gallons.

 

Note.—The above entries must be verified by a declaration according to Form 22a.

 

By Authority: H. J. Green, Government Printer, Canberra.