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Re: [new_distillers] Australian Distillation Act of 1901 recently repealed

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  • Brad McMahon
    ... OK that was an amendment act, so now you need to look at what they have done to the actual acts. They have repealed the Distillation Act and put the
    Message 1 of 8 , Aug 6, 2006
      On Sun, 2006-08-06 at 00:10 +0000, lveska wrote:
      > Hey - it would seem that from last month there is now no penalty for
      > both owning and producing ethanol with a still not exceeding 5
      > litres...
      >
      > see: Excise Laws Amendment (Fuel Tax Reform and Other Measures) Act
      > 2006
      >
      > Search for No. 74, 2006 on http://www.comlaw.gov.au

      OK that was an amendment act, so now you need to look at what they have
      done to the actual acts.
      They have repealed the Distillation Act and put the relevant parts
      inside the Excise Act 1901. Housekeeping if you will.
      Here are the relevant sections:

      Part III—Manufacturers, producers and dealers
      Division 1—Manufacturers
      25 Only licensed manufacturers to manufacture excisable goods
      (1) A person who does not hold a manufacturer licence must
      not intentionally manufacture excisable goods knowing, or being reckless
      as to whether, the goods are excisable goods.
      Penalty: 2 years imprisonment or the greater of:
      (a) 500 penalty units; and
      (b) 5 times the amount of duty that would be
      payable if the goods had been entered for home consumption on the
      penalty day.
      Note: See section 4AA of the Crimes Act 1914 for the current value of a
      penalty unit.
      (2) A person who does not hold a manufacturer licence must
      not manufacture excisable goods.
      Penalty: 100 penalty units.
      (3) Strict liability applies to subsection (2).

      AND:

      77FK Offence in relation to stills
      (1) A person commits an offence if:
      (a) the person does any of the following things:
      (i) makes or commences to make any still;
      (ii) removes, sets up or erects any still;
      (iii) sells or otherwise disposes of, or purchases or
      otherwise acquires any still, either by itself or with other property,
      or as part of any premises;
      (iv) imports any still;
      (v) has possession, custody or control of any still;
      and
      (b) the still is of a capacity exceeding 5 litres; and
      (c) the person is not a licensed manufacturer; and
      (d) the person has not been given permission by the CEO
      to do the thing.

      Penalty: 50 penalty units.

      (2) Subsection (1) does not apply to an act done by an
      officer in the course of performing a function or exercising a power
      under this Act or the Excise Tariff Act 1921.

      Note: A defendant bears an evidential burden in relation to the
      matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

      (3) The CEO may, in writing, give a person permission to
      do a thing mentioned in paragraph (1)(a).

      (4) A permission under subsection (3) is not a legislative
      instrument.


      ***
      So, nothing major has changed, stills <= 5L are still legal.
      Manufacturing alcohol without a licence still isn't.
      Under 77FE and 7FF though you can apply for permission to distill
      for industrial, manufacturing, scientific, medical, veterinary or
      educational purpose, either a once off or a specific amount per month or
      year.


      Cheers,

      Brad

      >
    • Tim
      I met a cop at my sister s place recently, he has cop mates that have their own stills... _____ From: new_distillers@yahoogroups.com
      Message 2 of 8 , Aug 6, 2006
        I met a cop at my sister's place recently, he has cop mates that have their own stills...



        _____

        From: new_distillers@yahoogroups.com [mailto:new_distillers@yahoogroups.com] On Behalf Of Brad McMahon
        Sent: Sunday, 6 August 2006 8:44 PM
        To: new_distillers@yahoogroups.com
        Subject: Re: [new_distillers] Australian Distillation Act of 1901 recentlyrepealed



        On Sun, 2006-08-06 at 00:10 +0000, lveska wrote:
        > Hey - it would seem that from last month there is now no penalty for
        > both owning and producing ethanol with a still not exceeding 5
        > litres...
        >
        > see: Excise Laws Amendment (Fuel Tax Reform and Other Measures) Act
        > 2006
        >
        > Search for No. 74, 2006 on HYPERLINK "http://www.comlaw.gov.au"http://www.comlaw.-gov.au

        OK that was an amendment act, so now you need to look at what they have
        done to the actual acts.
        They have repealed the Distillation Act and put the relevant parts
        inside the Excise Act 1901. Housekeeping if you will.
        Here are the relevant sections:

        Part III�Manufacturers, producers and dealers
        Division 1�Manufacturers
        25 Only licensed manufacturers to manufacture excisable goods
        (1) A person who does not hold a manufacturer licence must
        not intentionally manufacture excisable goods knowing, or being reckless
        as to whether, the goods are excisable goods.
        Penalty: 2 years imprisonment or the greater of:
        (a) 500 penalty units; and
        (b) 5 times the amount of duty that would be
        payable if the goods had been entered for home consumption on the
        penalty day.
        Note: See section 4AA of the Crimes Act 1914 for the current value of a
        penalty unit.
        (2) A person who does not hold a manufacturer licence must
        not manufacture excisable goods.
        Penalty: 100 penalty units.
        (3) Strict liability applies to subsection (2).

        AND:

        77FK Offence in relation to stills
        (1) A person commits an offence if:
        (a) the person does any of the following things:
        (i) makes or commences to make any still;
        (ii) removes, sets up or erects any still;
        (iii) sells or otherwise disposes of, or purchases or
        otherwise acquires any still, either by itself or with other property,
        or as part of any premises;
        (iv) imports any still;
        (v) has possession, custody or control of any still;
        and
        (b) the still is of a capacity exceeding 5 litres; and
        (c) the person is not a licensed manufacturer; and
        (d) the person has not been given permission by the CEO
        to do the thing.

        Penalty: 50 penalty units.

        (2) Subsection (1) does not apply to an act done by an
        officer in the course of performing a function or exercising a power
        under this Act or the Excise Tariff Act 1921.

        Note: A defendant bears an evidential burden in relation to the
        matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

        (3) The CEO may, in writing, give a person permission to
        do a thing mentioned in paragraph (1)(a).

        (4) A permission under subsection (3) is not a legislative
        instrument.

        ***
        So, nothing major has changed, stills <= 5L are still legal.
        Manufacturing alcohol without a licence still isn't.
        Under 77FE and 7FF though you can apply for permission to distill
        for industrial, manufacturing, scientific, medical, veterinary or
        educational purpose, either a once off or a specific amount per month or
        year.

        Cheers,

        Brad

        >






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        [Non-text portions of this message have been removed]
      • Harry
        Comments interspersed... ... have ... licence must ... reckless ... of a ... ..............Currently 1 penalty unit = $60. Currently excise duty on spirits is
        Message 3 of 8 , Aug 6, 2006
          Comments interspersed...


          --- In new_distillers@yahoogroups.com, Brad McMahon <bmcmahon@...>
          wrote:
          >
          > OK that was an amendment act, so now you need to look at what they
          have
          > done to the actual acts.
          > They have repealed the Distillation Act and put the relevant parts
          > inside the Excise Act 1901. Housekeeping if you will.


          > Here are the relevant sections:
          >
          > Part IIIâ€"Manufacturers, producers and dealers
          > Division 1â€"Manufacturers
          > 25 Only licensed manufacturers to manufacture excisable goods
          > (1) A person who does not hold a manufacturer
          licence must
          > not intentionally manufacture excisable goods knowing, or being
          reckless
          > as to whether, the goods are excisable goods.
          > Penalty: 2 years imprisonment or the greater of:
          > (a) 500 penalty units; and
          > (b) 5 times the amount of duty that would be
          > payable if the goods had been entered for home consumption on the
          > penalty day.
          > Note: See section 4AA of the Crimes Act 1914 for the current value
          of a
          > penalty unit.




          ..............Currently 1 penalty unit = $60. Currently excise duty
          on spirits is $62.64 per litre of pure alcohol.
          So the possible penalties are
          1) 2 years in the pokey or
          2) $30,000 for amounts of ethanol 1 to 478.9 litres, or 5 x $62.64 x
          amount for volumes over 478.9 litres.




          > (2) A person who does not hold a manufacturer
          licence must
          > not manufacture excisable goods.
          > Penalty: 100 penalty units.





          ............That's another $6,000 in fines for no licence.




          > (3) Strict liability applies to subsection (2).
          >
          > AND:
          >
          > 77FK Offence in relation to stills
          > (1) A person commits an offence if:
          > (a) the person does any of the following things:
          > (i) makes or commences to make any still;
          > (ii) removes, sets up or erects any still;
          > (iii) sells or otherwise disposes of, or
          purchases or
          > otherwise acquires any still, either by itself or with other
          property,
          > or as part of any premises;
          > (iv) imports any still;
          > (v) has possession, custody or control of any
          still;
          > and
          > (b) the still is of a capacity exceeding 5 litres;
          and
          > (c) the person is not a licensed manufacturer; and
          > (d) the person has not been given permission by
          the CEO
          > to do the thing.
          >
          > Penalty: 50 penalty units.



          ..............That's another $3,000 in fines for possession or
          fabrication or ownership or importation without a licence from the
          CEO, if the still capacity exceeds 5 litres.

          >
          > ***
          > So, nothing major has changed, stills <= 5L are still legal.
          > Manufacturing alcohol without a licence still isn't.
          > Under 77FE and 7FF though you can apply for permission to distill
          > for industrial, manufacturing, scientific, medical, veterinary or
          > educational purpose, either a once off or a specific amount per
          month or
          > year.


          ...............Yup, that covers chemists who need alcohol for making
          up concoctions, and licenced schools/educators who teach chemistry
          or ChE.

          Now what I'd like to know is how do they determine the capacity of a
          still. Is it by pot size? What if it doesn't have a pot? Is it by
          column volume? Is it by the output of a single run? What if your
          still is a small continuous column 50mm x 1 metre tall? The volume
          of that is 2 litres, but it can put out up to 1 litre per hour, all
          day every day while ever there is beer to feed it!


          As ever, the law is ambiguous, open to interpretation, and gives me
          no confidence whatsoever in legislator's abilities to apply
          commonsense to making fair & equitable laws about our hobby. Beer &
          winemakers can go their hardest at home production, but we must
          forever be branded criminals, it seems. Keep yer head down until
          they say flat out that we're not on the radar.


          Slainte!
          regards Harry
        • Harry
          ... Amend that. 2) $30,000 for amounts of ethanol 1 to 95 litres. Above that amount it s 5 times the excise, IOW $313.20 PER LITRE for 96 litres and over.
          Message 4 of 8 , Aug 6, 2006
            --- In new_distillers@yahoogroups.com, "Harry" <gnikomson2000@...>
            wrote:
            >
            >
            > ..............Currently 1 penalty unit = $60. Currently excise duty
            > on spirits is $62.64 per litre of pure alcohol.
            > So the possible penalties are
            > 1) 2 years in the pokey or
            > 2) $30,000 for amounts of ethanol 1 to 478.9 litres, or 5 x $62.64 x
            > amount for volumes over 478.9 litres.




            Amend that.

            2) $30,000 for amounts of ethanol 1 to 95 litres.
            Above that amount it's 5 times the excise, IOW $313.20 PER LITRE for
            96 litres and over.

            Jesus H Christ! Next they'll be wanting my first-born! Maybe I
            should emigrate to UnZud. ;-))


            Slainte!
            regards Harry
          • johnwisbey@libero.it
            Blimey..and I thought England was unfriendly ... John Wisbey Tel: ( 0039) 0173529505 Fax: (0039) 0173 529942 Mobile: (0039) 338 2422895 e-mail:
            Message 5 of 8 , Aug 6, 2006
              Blimey..and I thought England was unfriendly>
              > Comments interspersed...
              >
              >
              > --- In new_distillers@yahoogroups.com, Brad McMahon <bmcmahon@...>
              > wrote:
              > >
              > > OK that was an amendment act, so now you need to look at what they
              > have
              > > done to the actual acts.
              > > They have repealed the Distillation Act and put the relevant parts
              > > inside the Excise Act 1901. Housekeeping if you will.
              >
              >
              > > Here are the relevant sections:
              > >
              > > Part IIIâ€"Manufacturers, producers and dealers
              > > Division 1â€"Manufacturers
              > > 25 Only licensed manufacturers to manufacture excisable goods
              > > (1) A person who does not hold a manufacturer
              > licence must
              > > not intentionally manufacture excisable goods knowing, or being
              > reckless
              > > as to whether, the goods are excisable goods.
              > > Penalty: 2 years imprisonment or the greater of:
              > > (a) 500 penalty units; and
              > > (b) 5 times the amount of duty that would be
              > > payable if the goods had been entered for home consumption on the
              > > penalty day.
              > > Note: See section 4AA of the Crimes Act 1914 for the current value
              > of a
              > > penalty unit.
              >
              >
              >
              >
              > ..............Currently 1 penalty unit = $60. Currently excise duty
              > on spirits is $62.64 per litre of pure alcohol.
              > So the possible penalties are
              > 1) 2 years in the pokey or
              > 2) $30,000 for amounts of ethanol 1 to 478.9 litres, or 5 x $62.64 x
              > amount for volumes over 478.9 litres.
              >
              >
              >
              >
              > > (2) A person who does not hold a manufacturer
              > licence must
              > > not manufacture excisable goods.
              > > Penalty: 100 penalty units.
              >
              >
              >
              >
              >
              > ............That's another $6,000 in fines for no licence.
              >
              >
              >
              >
              > > (3) Strict liability applies to subsection (2).
              > >
              > > AND:
              > >
              > > 77FK Offence in relation to stills
              > > (1) A person commits an offence if:
              > > (a) the person does any of the following things:
              > > (i) makes or commences to make any still;
              > > (ii) removes, sets up or erects any still;
              > > (iii) sells or otherwise disposes of, or
              > purchases or
              > > otherwise acquires any still, either by itself or with other
              > property,
              > > or as part of any premises;
              > > (iv) imports any still;
              > > (v) has possession, custody or control of any
              > still;
              > > and
              > > (b) the still is of a capacity exceeding 5 litres;
              > and
              > > (c) the person is not a licensed manufacturer; and
              > > (d) the person has not been given permission by
              > the CEO
              > > to do the thing.
              > >
              > > Penalty: 50 penalty units.
              >
              >
              >
              > ..............That's another $3,000 in fines for possession or
              > fabrication or ownership or importation without a licence from the
              > CEO, if the still capacity exceeds 5 litres.
              >
              > >
              > > ***
              > > So, nothing major has changed, stills <= 5L are still legal.
              > > Manufacturing alcohol without a licence still isn't.
              > > Under 77FE and 7FF though you can apply for permission to distill
              > > for industrial, manufacturing, scientific, medical, veterinary or
              > > educational purpose, either a once off or a specific amount per
              > month or
              > > year.
              >
              >
              > ...............Yup, that covers chemists who need alcohol for making
              > up concoctions, and licenced schools/educators who teach chemistry
              > or ChE.
              >
              > Now what I'd like to know is how do they determine the capacity of a
              > still. Is it by pot size? What if it doesn't have a pot? Is it by
              > column volume? Is it by the output of a single run? What if your
              > still is a small continuous column 50mm x 1 metre tall? The volume
              > of that is 2 litres, but it can put out up to 1 litre per hour, all
              > day every day while ever there is beer to feed it!
              >
              >
              > As ever, the law is ambiguous, open to interpretation, and gives me
              > no confidence whatsoever in legislator's abilities to apply
              > commonsense to making fair & equitable laws about our hobby. Beer &
              > winemakers can go their hardest at home production, but we must
              > forever be branded criminals, it seems. Keep yer head down until
              > they say flat out that we're not on the radar.
              >
              >
              > Slainte!
              > regards Harry
              >
              >
              >
              >
              >

              John Wisbey
              Tel: ( 0039) 0173529505
              Fax: (0039) 0173 529942
              Mobile: (0039) 338 2422895
              e-mail: johnwisbey@...

              www.piedmontproperty.com www.piedmont-holidays.com www.nicltd.co.uk
            • Lindsay Williams
              Makes store-bought look cheap!! I m so glad I live in NZ (you re welcome, Harry!). But isn t it incredible that we are talking of a 1901 act! It just needs
              Message 6 of 8 , Aug 6, 2006
                Makes store-bought look cheap!!

                I'm so glad I live in NZ (you're welcome, Harry!). But isn't it
                incredible that we are talking of a 1901 act! It just needs scrapping
                and starting again.

                Bloody stupid politicians.

                Cheers and commiserations,
                Lindsay.

                PS When I visit Qland, I will come and visit you in the pokey!!

                --- In new_distillers@yahoogroups.com, "Harry" <gnikomson2000@...> wrote:
                >
                > --- In new_distillers@yahoogroups.com, "Harry" <gnikomson2000@>
                > wrote:

                >
                > 2) $30,000 for amounts of ethanol 1 to 95 litres.
                > Above that amount it's 5 times the excise, IOW $313.20 PER LITRE for
                > 96 litres and over.
                >
                > Jesus H Christ! Next they'll be wanting my first-born! Maybe I
                > should emigrate to UnZud. ;-))
                >
                >
                > Slainte!
                > regards Harry
                >
              • sonum norbu
                yairsss, and the same cops will charge you if they get half a chance. I know cops who busted uni students and sold most of what they confiscated...blanikdawg
                Message 7 of 8 , Aug 6, 2006
                  yairsss, and the same cops will charge you if they get half a chance. I know cops who busted uni students and sold most of what they confiscated...blanikdawg


                  > ----- Original Message -----
                  > From: Tim <bundy_rum98@...>
                  > To: new_distillers@yahoogroups.com
                  > Subject: RE: [new_distillers] Australian Distillation Act of 1901 recentlyrepealed
                  > Date: Sun, 6 Aug 2006 21:29:12 +1000
                  >
                  >
                  > I met a cop at my sister's place recently, he has cop mates that
                  > have their own stills...
                  >
                  >
                  >
                  > _____
                  >
                  > From: new_distillers@yahoogroups.com
                  > [mailto:new_distillers@yahoogroups.com] On Behalf Of Brad McMahon
                  > Sent: Sunday, 6 August 2006 8:44 PM
                  > To: new_distillers@yahoogroups.com
                  > Subject: Re: [new_distillers] Australian Distillation Act of 1901
                  > recentlyrepealed
                  >
                  >
                  >
                  > On Sun, 2006-08-06 at 00:10 +0000, lveska wrote:
                  > > Hey - it would seem that from last month there is now no penalty for
                  > > both owning and producing ethanol with a still not exceeding 5
                  > > litres...
                  > >
                  > > see: Excise Laws Amendment (Fuel Tax Reform and Other Measures) Act
                  > > 2006
                  > >
                  > > Search for No. 74, 2006 on HYPERLINK
                  > > "http://www.comlaw.gov.au"http://www.comlaw.-gov.au
                  >
                  > OK that was an amendment act, so now you need to look at what they have
                  > done to the actual acts.
                  > They have repealed the Distillation Act and put the relevant parts
                  > inside the Excise Act 1901. Housekeeping if you will.
                  > Here are the relevant sections:
                  >
                  > Part III—Manufacturers, producers and dealers
                  > Division 1—Manufacturers
                  > 25 Only licensed manufacturers to manufacture excisable goods
                  > (1) A person who does not hold a manufacturer licence must
                  > not intentionally manufacture excisable goods knowing, or being reckless
                  > as to whether, the goods are excisable goods.
                  > Penalty: 2 years imprisonment or the greater of:
                  > (a) 500 penalty units; and
                  > (b) 5 times the amount of duty that would be
                  > payable if the goods had been entered for home consumption on the
                  > penalty day.
                  > Note: See section 4AA of the Crimes Act 1914 for the current value of a
                  > penalty unit.
                  > (2) A person who does not hold a manufacturer licence must
                  > not manufacture excisable goods.
                  > Penalty: 100 penalty units.
                  > (3) Strict liability applies to subsection (2).
                  >
                  > AND:
                  >
                  > 77FK Offence in relation to stills
                  > (1) A person commits an offence if:
                  > (a) the person does any of the following things:
                  > (i) makes or commences to make any still;
                  > (ii) removes, sets up or erects any still;
                  > (iii) sells or otherwise disposes of, or purchases or
                  > otherwise acquires any still, either by itself or with other property,
                  > or as part of any premises;
                  > (iv) imports any still;
                  > (v) has possession, custody or control of any still;
                  > and
                  > (b) the still is of a capacity exceeding 5 litres; and
                  > (c) the person is not a licensed manufacturer; and
                  > (d) the person has not been given permission by the CEO
                  > to do the thing.
                  >
                  > Penalty: 50 penalty units.
                  >
                  > (2) Subsection (1) does not apply to an act done by an
                  > officer in the course of performing a function or exercising a power
                  > under this Act or the Excise Tariff Act 1921.
                  >
                  > Note: A defendant bears an evidential burden in relation to the
                  > matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
                  >
                  > (3) The CEO may, in writing, give a person permission to
                  > do a thing mentioned in paragraph (1)(a).
                  >
                  > (4) A permission under subsection (3) is not a legislative
                  > instrument.
                  >
                  > ***
                  > So, nothing major has changed, stills <= 5L are still legal.
                  > Manufacturing alcohol without a licence still isn't.
                  > Under 77FE and 7FF though you can apply for permission to distill
                  > for industrial, manufacturing, scientific, medical, veterinary or
                  > educational purpose, either a once off or a specific amount per month or
                  > year.
                  >
                  > Cheers,
                  >
                  > Brad
                  >
                  > >
                  >
                  >
                  >
                  >
                  >
                  >
                  > --
                  > No virus found in this incoming message.
                  > Checked by AVG Free Edition.
                  > Version: 7.1.394 / Virus Database: 268.10.7/410 - Release Date: 5/08/2006
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                  >
                  >
                  > --
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                  > Checked by AVG Free Edition.
                  > Version: 7.1.394 / Virus Database: 268.10.7/410 - Release Date: 5/08/2006
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                  >
                  >
                  > [Non-text portions of this message have been removed]
                  >
                  >
                  >
                  > New Distillers group archives are at http://archive.nnytech.net/
                  > FAQ and other information available at http://homedistiller.org
                  >
                  >
                  > Yahoo! Groups Links
                  >
                  >
                  >
                  >

                  >



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