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RE: [Distillers] ACN re removal of DR 5(f)(1).htm

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  • 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 1 of 4 , Jun 8, 2001
      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 2 of 4 , Jun 8, 2001
        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 3 of 4 , Jun 8, 2001
          ----- 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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