Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

DISTILLATION REGULATIONS (AMENDMENT) 1997 NO. 253

STATUTORY RULES 1997 No. 253

Issued by the Authority of the Minister for Customs and Consumer Affairs

Distillation Act 1901

Distillation Regulations (Amendment)

Section 83 of the Distillation Act 1901 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or which may be necessary and convenient to be prescribed for giving effect to the Act.

Regulation 5 of the Distillation Regulations prescribes the requirements with which a distiller must comply in relation to a spirit maker's licence. Subregulation 5(f) prescribes requirements that relate to structures to be erected in a still-house.

Regulation 2 has omitted old paragraph 5(f) and substituted a new paragraph 5(f), which has the effect of:

(a) deleting previous subparagraph 5(f)(i) which contains the minimum still capacity requirements;

(b) renumbering paragraph 5(f) so that previous subparagraphs 5(f)(ii) and 5(f)(iii) have become 5(1)(i) and 5(1)(ii) respectively, and

(c) updating the drafting style of previous paragraphs 5(f)(ii) and 5(f)(iii) (new 5(f)(i) and 5(f)(ii)) without effecting the content of those subparagraphs.

The minimum still capacity requirement has been deleted because it is considered a redundant requirement. The original purpose of the minimum still capacity requirement was to ensure that the number of stills did not proliferate beyond the number of stills that Customs had the resources to monitor with a physical presence during operation. It is now considered that the excise duty payable on the alcohol produced by the stills places an effective limit on the proliferation of stills.

The Regulation commenced on gazettal.