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ACN re removal of DR 5(f)(1).htm

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  • Brian Poke
    ACN re removal of DR 5(f)(1) AUSTRALIAN CUSTOMS NOTICE No. 97/78 ... REMOVAL OF DISTILLATION REG 5(f)(i) - MINIMUM STILL CAPACITIES With effect from 24
    Message 1 of 4 , Jun 7, 2001
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      ACN re removal of DR 5(f)(1)
       

      AUSTRALIAN CUSTOMS NOTICE No. 97/78


      REMOVAL OF DISTILLATION REG 5(f)(i) - MINIMUM STILL CAPACITIES

      With effect from 24 September 1997 Distillation Reg 5(f) has been amended by the deletion of sub-paragraph (i) regarding minimum still capacities. Sub-paragraphs (ii) and (iii) have been re-numbered (i) and (ii) respespectively but otherwise remain unchanged apart from some minor wording changes.

      As a consequence of this amendment a Distiller's Licence may be granted in relation to a still of any capacity. It should be noted however, that all other existing requirements will need to be met before a licence will be granted.

      Sections 10, 11 and 11A of the Distillation Act contain some of the general requirements relating to stills. These are outlined below for the benefit of potential licence applicants.

      Section 10 makes it an offence to make, move, erect or import a still without prior permission from Customs. Without permission, it is also an offence to acquire by purchase or otherwise, or dispose of by sale or otherwise, a still on its own or as part of property or a premise.

      Section 11 requires a person using a still for purposes other than distilling spirits to notify Customs as to the capacity and location of the still and the purpose for which it will be used. Failure to register this information with Customs will render the still illicit.

      Section 11A exempts stills with a capacity of not more than five litres from the requirements of Sections 10 and 11.

      Any inquiries concerning these changes should be directed to the Assistant Director, Alcohol and Tobacco, Excise Branch, on (02) 6275 6103.

       

      (R. Hunt)
      A/g National Manager
      Excise Branch
      for Chief Executive Officer
      CANBERRA ACT

      September 1997 Excise Branch:- C96/11208

    • Tony & Elle Ackland
      Brian, So in everyday language, does this still means that its legal for Australians to own a still (and not have to notify Customs) provided it is less than
      Message 2 of 4 , Jun 8, 2001
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        Brian,

        So in everyday language, does this still means that its legal for
        Australians to own a still (and not have to notify Customs) provided it is
        less than 5L (but that they are still not allowed to use it - just pretty
        to look at !) ??

        Tony
      • Brian Poke
        that s a very good question tony, maybe someone with a better legal brain than me can read a bit deeper into that ,my interest and reason for posting it was
        Message 3 of 4 , Jun 8, 2001
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          that's a very good question tony, maybe someone with a better legal brain
          than me can read a bit deeper into that ,my interest and reason for posting
          it was that we [commercial distillers] were subjected to a minimum size
          still in australia ,namely 2200 litres, quite a different law to the 5x
          litre one-------now my reading of that is that the 2200 litre "rule" has
          been lifted ?????????? or was so in ,[was it dated 1997 ?????]-------things
          in oz have certainly eased since tax office control excise
          now--------thankfully in a recent commercial distillery i was involved in
          commissioning the attitude is more like "hurry up and get going so you build
          up some revenue" rather than the police style of the old customs service who
          were more interested in the colour of the pipework etc etc than arking up a
          quid---a refreshing change --relative of course----- and the bastards made
          it easy just as i
          retired------mmmmmmmmmmmmmmmmmmmmm!!!!!!!!!!!!-----methinks they planned it
          that way to pay me back for the 40 years of sleepless nights i gave
          them---------------------

          many regards brian
          ----- Original Message -----
          From: Tony & Elle Ackland <Tony.Ackland@...>
          To: 'Distillers newsgroup' <Distillers@yahoogroups.com>
          Sent: Friday, 8 June 2001 20:01
          Subject: RE: [Distillers] ACN re removal of DR 5(f)(1).htm


          > Brian,
          >
          > So in everyday language, does this still means that its legal for
          > Australians to own a still (and not have to notify Customs) provided it is
          > less than 5L (but that they are still not allowed to use it - just pretty
          > to look at !) ??
          >
          > Tony
          >
          >
          >
          > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
          >
          >
        • Brad McMahon
          ... From: Tony & Elle Ackland ... Yep exactly. Some loophole huh! What happened was when Customs were running the
          Message 4 of 4 , Jun 8, 2001
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            ----- Original Message -----
            From: "Tony & Elle Ackland" <Tony.Ackland@...>


            > So in everyday language, does this still means that its legal for
            > Australians to own a still (and not have to notify Customs) provided it is
            > less than 5L (but that they are still not allowed to use it - just pretty
            > to look at !) ??

            Yep exactly.
            Some loophole huh!
            What happened was when Customs were running the show,
            all the educational and research institutions complained
            that they had to conform to the same rules and excise as
            commercial distillers. So they changed it so that registered
            institutions that had stills up to 5l in size were exempt from
            excise etc. This made everybody happy - Customs
            didn't want to bother about collecting excise on tiny
            amounts - and teaches were happy that their
            mini-stills made out of Pyrex flasks could give
            demos to the school kids.

            Then the Tax Office took responsibility for the act in
            the mid 1990's.
            They had to re-word the act to fit into the current tax laws.
            The ATO stuffed up and forgot to word it so that
            it mentioned who was allowed to have a still. Thus
            it was passed that anyone could have one.

            However, the ATO still needs to know about
            ANY distillate (alcoholic or not).
            They don't believe you when you say it's just for water :-)
            You still need permission and register the still if you
            are going to run it for any reason at all, and you
            will need to pay the excise on any alcoholic product
            (unless they deem you as an educational/research institution I believe).

            HOWEVER,
            unless you are caught by a tax officer ACTUALLY using a still
            it would be very hard to convict you in court.
            So it's not cost effective to the ATO to chase home distillers down
            as long as you keep quiet about it.

            As to the legislation, they are working on getting it changed.
            The ATO know about all the 5 litre stills crossing the Tasman,
            numbering in the many thousands but can't do anything about it yet.
            They are trying to close the loophole but there are people discussing
            with the ATO (so I've heard) about making the whole thing fully legal -
            like NZ. Let's hope their minds can be changed!


            Brad
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