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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations prescribe detailed operational, security and record‑keeping rules for licensed distillers under the Distillation Act 1901: who may hold licences, what premises, plant and fittings are required, how distillation, storage, gauging and warehousing must be conducted, and how duties and allowances are calculated. The Collector/Comptroller approves premises and fittings and officers enforce measurements and seals; distillers pay licence fees, lock costs and duties (including on unexplained losses) and must keep notices, books and specified fittings to lawfully operate.
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Direct links to the current provisions in Distillation Regulations 1913.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1913. No. 343.
REGULATIONS UNDER THE DISTILLATION ACT 1901.
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 Distillation Act 1901, to come into operation forthwith.
Dated this 19th day of December, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
LITTLETON E. GROOM,
Minister of State for Trade and Customs.
Distillation Regulations.
Short Title.
1. These Regulations may be cited as the Distillation Regulations 1913.
Application for Spirit Maker’s Licence.
2. The application shall be in duplicate in Form A, and shall comply with all the requirements indicated therein.
3. If, after inspection, an officer certifies in Form B, the licence may be granted.
4. The licence shall be in Form C or Form D.
Requirements as to Premises and Plant.
5. The following requirements must be complied with to the satisfaction of the Collector in relation to every distillery licensed under a Spirit Maker’s licence:—
Premises.
(a) The premises must admit of the proper supervision of operations by officers.
(b) When required by the Collector the premises must be securely walled or fenced, and furnished with substantial gates, which shall be provided with locks approved by the Collector.
(c) There must be on the premises—
(i) A material store or material tank for the reception of material;
(ii) A spirit store for the storing of spirits pending warehousing or for storing of spirits in vats during the process of maturing;
(iii) A warehouse for the warehousing of spirits;
(iv) Reasonable office accommodation for the supervising officer.
(d) The name of every store-house or room must be painted in oil colours in conspicuous letters on the outside of its door.
(e) Except by permission the premises must not be within one hundred yards in a direct line from any brewery or from the premises of a cordial manufacturer or from the premises of a seller of spirits.
C.14353.—Price 8d.
Plant.
(f) There must be erected in the still-house—
(i) A still capable of exhausting in the case of a general distiller’s licence at least one hundred and fifty gallons of wash in an hour, and in the case of a wine distiller’s licence at least fifty gallons in an hour, or a wash still capable of containing at least six hundred gallons, and also capable of containing double the quantity which the low wines or spirit still is capable of containing.
In lieu of one still of the required capacity two or more stills aggregating the required capacity shall suffice.
(ii) Also if the still is of such a kind that the produce of the wash on the first distillation is spirits and feints—
One wash charger,
One feints receiver,
One spirit receiver;
(iii) Also if the still is of such a kind that the produce of the wash on the first distillation is low wines, then in addition to the above—
One low wines receiver,
One low wines and feints charger.
(g) In every fermenting back—
(i) There must be a discharge cock or plug and plug-hole, through which all wash in the back may be conveyed by a pipe or open trough into the wash charger, or by authority through a close metal pipe direct to the still;
(ii) Except as provided in paragraph (i) and except the pipe admitting the wort and a sewer cock or plug and plug-hole for carrying off the water with which the back is cleansed, there must be no other pipe or outlet.
(h) Every wash charger—
(i) Must be of a capacity of not less than half that of the largest fermenting back;
(ii) Must be connected—
(1) With the fermenting backs by one close metal pipe with one end fixed into a pump placed in a pipe or trough communicating with the fermenting back and the other end fixed into the wash charger;
(2) with the wash stills by one close metal pipe with a branch to each still or to the intermediate still charger;
(3) with the feints receiver by a close pump or metal pipe;
and so that—
(iii) There must be a cock on each of the connecting pipes.
(i) Every low wines receiver—
(i) Must be connected with the safe at the end of the worm of the wash still by one close metal pipe attached to and leading directly from the safe, so that all low wines running from the safe into the pipe shall immediately be discharged into the receiver;
(ii) Must have fixed in it a pump or discharge cock for the conveyance of low wines into the low wines and feints charger.
(j) Every feints receiver—
(i) Must be connected with the safe at the end of the worm of the still by one close metal pipe attached to and leading directly from the safe, so that all feints running from the safe into the pipe shall immediately be discharged into the feints receiver;
(ii) Must have fixed in it a pump, or discharge cock, for the conveyance of feints into the low wines and feints charger or wash charger.
(k) Every low wines and feints charger—
(i) Must be connected with the still by a close metal pipe with a cock thereon, one end of the pipe being fixed into the bottom of the charger and the other attached to the pump or to the still;
(ii) Must be connected with the low wines receiver and feints receiver by close metal pipes, whereof one end must be fixed into the charger and the other end attached to the pump or discharge cock fixed in each receiver.
(l) Every spirit receiver—
(i) Must be connected with the safe at the end of the worm of the still by one close metal pipe secured with a locked union joint at its junction with the worm, and attached to and leading directly from the safe, so that all spirits running from the safe into the pipe shall immediately be discharged into the receiver;
(ii) Must have fixed therein a proper discharge cock or other appliance for drawing off the spirits.
(m) Every low wines receiver, feints receiver, low wines and feints receiver, and spirit receiver—
(i) Must be a closely-covered vessel; and
(ii) Except as already specified, must have no outlet.
(n) Every vat in which spirits are to be stored must be close-covered, and secured with fastenings.
(o) The still and the furnace door thereof, and every cock, valve, or pipe conveying steam into or about the still must be provided with fastenings so that they can be securely locked.
There must be an air-valve on the still.
An enclosed and secure safe must be connected with the end of the worm.
(p) A discharge cock must be fixed to every still not more than three feet distant from the body of the still, and firmly attached to the still by a close metal pipe, and must be so placed as to be easily accessible to the officer.
(q) Every pipe must be so fixed and placed as to be capable of being examined for the whole of its length.
(r) The pipes must be painted and kept painted in oil colours as follows:—
If for the conveyance of—
| Wort or wash................................... | Red. |
|---|---|
| Low wines or feints............................... | Blue. |
| Spirits........................................ | Black. |
| Water........................................ | White. |
(s) Every cock and pump must be fitted with fastenings for securing it by a lock, such lock to be supplied by the Collector at the expense of the distiller.
(t) On the top of every charger and receiver, and of every vat for keeping spirits, there must be a dipping hole at which an officer can conveniently take his dip or gauge of the contents.
A metal plate must be fixed at the dipping hole to secure it from being worn or altered.
The dipping hole must have a cover and be fitted with a fastening to secure it by lock.
(u) The name of every fixed vessel must be painted thereon in oil colours and in conspicuous letters, and where more than one vessel is used for the same purpose, distinctive numbers in arithmetical progression commencing with 1, must also be painted thereon.
The Notice Book.
6. A notice book in Form E—
(a) Shall be supplied by the Collector to the distiller.
(b) Shall be kept by the distiller at the distillery.
(c) Shall be delivered to the officer when a notice is entered therein.
7. All notices required to be given by the distiller shall be given by entry in the notice book and delivery of the book to the officer.
8. Every notice entered in the notice book shall be valid, notwithstanding any defect in form.
The Process of Distillation.
9. No distiller shall, except by authority, mash or make wash or use a still between twelve o’clock noon on Saturday and two o’clock in the forenoon on Monday.
10. Every distiller who intends for the first time to commence to mash and every distiller who has discontinued mashing for more than two weeks shall give to the Collector six days before he begins to mash, a written notice specifying the time when he intends to commence mashing, but an earlier commencement may be sanctioned by authority.
11. Before commencing to mash the distiller shall give not less than six hours’ notice of—
(a) The time when the mashing is to be commenced.
(b) The materials to be used and the quantities thereof.
12. No distiller shall, except by authority, begin to mash or use any material for the production of spirits liable to one rate of duty until all spirits produced liable to any other rate of duty have been conveyed into the spirit or feints receiver.
13. If the distiller intends to use for making spirits a different material from that which he is or last has been using and there is a difference of duty on spirits produced from such materials he shall give forty-eight hours’ notice of the time when he intends to commence to mash the new material.
14. Before wort is removed to a back the distiller shall give not less than one hour’s notice of the time when the removal is to be commenced and of the number of the back.
15. All the wort must be run into the back within twenty-four hours after it was started to run into the back.
16. Immediately after the wort has all run into the back the distiller shall give notice specifying—
(a) The number of the back in which the wort is contained.
(b) The specific gravity of the wort.
(c) The quantity thereof—
(1) In gallons.
(2) As measured by the number of dry inches, that is to say, by the number of inches between the top of the back and the surface of the wort contained therein.
(d) The temperature and indication of the wort.
17. Before adding to the wort any ferment, the distiller shall give not less than one hour’s notice of—
(a) The time when the ferment is to be added.
(b) The ferment to be used, and the quantity thereof.
18. The ferment added shall not exceed in quantity one-tenth of the wort, and the addition of ferment to wort shall only be made in a back in the presence of an officer, and no matter other than a ferment shall be added to wort.
19. Before any wash is removed from the back the distiller shall give not less than one hour’s notice, specifying—
(a) The number of the back containing the wash.
(b) The quantity of wash in the back.
(c) The specific gravity of the wash.
(d) The day and hour of the intended removal of the wash.
20. The wash may be removed to the wash charger or direct to the still. If removed to a wash charger not capable of containing the whole of the wash, one-half may be removed at a time.
21. Wash shall not be removed to a wash charger until the officer has locked the discharge cock of the wash charger.
22. The officer shall take an account of the specific gravity and quantity of the wash before it is removed from the back.
23. If after an officer has taken an account of the specific gravity or quantity of the wort or wash in a back any wort or wash is found in the back which exceeds in specific gravity or exceeds by five per centum in quantity the wort or wash of which the account has been taken the following consequences shall ensue:—
(a) All wort or wash found in the back shall be considered as new and not included in any former charge against the distiller.
(b) The distiller shall be charged with duty in respect of the whole of such wort or wash whether he has been previously charged therewith or not.
(c) The wort or wash of which account has previously been taken shall be deemed to be distilled, and the distiller shall be charged for a quantity of spirits in respect thereof as for wort or wash actually distilled.
24. If any decrease more than five per centum takes place in the quantity of wort or wash, the amount of such decrease shall be deemed and taken to have been distilled by such distiller, and such distiller shall be charged with a quantity of spirits in proportion to the decrease of any such wort or wash.
25. All wash must be conveyed directly into the wash charger and thence into the still for distillation or directly from the back into the still.
26. All low wines feints and spirits running from the worm of the still must run thence directly through the safe at the end of the worm.
27. All low wines shall be conveyed directly from the safe into the low wines receiver and thence directly into the low wines and feints charger and thence directly into the still for re-distillation.
28. All spirits must be conveyed directly from the safe into the feints receiver or spirit receiver.
29. All spirits conveyed into the feints receiver must be conveyed thence into the low wines and feints charger or wash charger or intermediate still charger and thence into the still for re-distillation unless permission be granted by the Collector for the discharge of the feints direct from the feints receiver into the still.
30. Except by authority no access shall be had to the end of the worm of any still or to any low wines feints or spirits from the time of the extraction or distillation thereof in the still until they are taken account of by the officer in the proper receiver.
31. Before distilling wine or beer the distiller shall give not less than forty-eight hours’ notice of the time when he intends to commence to distil the wine or beer and its alcoholic strength, and if the quantity of spirits produced is less than the quantity of spirits which should have been produced the distiller shall pay the duty on the deficiency, unless such deficiency is explained to the satisfaction of the Collector.
32. All wash and produce therefrom shall, throughout the whole course of its distillation and until the removal of the spirits to the spirit store be kept unmixed and separate from all else.
33. All feints produced by and remaining from a previous distillation may be mixed with the low wines or feints produced by a subsequent distillation, and the process of re-distilling feints may be repeated as often as the distiller thinks fit, provided that the mixed feints must be the produce of the same kind of material.
34. Before the removal of any low wines, feints, or spirits from a receiver, the distiller shall give reasonable notice of the time when the removal is to be commenced.
35. At the time specified in the notice the officer shall attend, and after he has taken an account of the contents of the receiver and removed the fastenings of the pumps or discharge cock, but not before, the whole contents of the receiver must be forthwith removed therefrom and conveyed, if loin wines or feints, into the proper charger or still, but if spirits, into a vat in the spirit store.
36. After the fastenings have been removed by the officer no low wines, feints, or spirits may be conveyed into the receiver until the whole of the contents have been removed therefrom and the fastenings again secured.
37. Where a distiller has secured the low wines and feint pumps to the satisfaction of the officer, he may run low wines and feints together into the same receiver, and may at any time re
This is an opening excerpt, not the complete document.