SPIRITS REGULATIONS (Superseded (Enabling Act was repealed by 74 of 2006))

PART I - INTRODUCTORY  

REGULATION 1 (Superseded (Enabling Act was repealed by 74 of 2006))  

1   NAME OF REGULATIONS  
These Regulations are the Spirits Regulations 1926.

REGULATION 2 (Superseded (Enabling Act was repealed by 74 of 2006))  

2   DEFINITIONS  
In these Regulations:

Act
means the Spirits Act 1906.

methylator
means a person licensed to make methylated spirits under these Regulations.

permission
means written permission of the CEO or Collector, as the case requires.

REGULATION 3 (Superseded (Enabling Act was repealed by 74 of 2006))  

3   INTERPRETATION  

PART II - CERTIFICATES AND MARKING OF SPIRITS  

REGULATION 4 (Superseded (Enabling Act was repealed by 74 of 2006))  

4   APPLICATION BY DISTILLER OR BLENDER FOR CERTIFICATE  
Any Distiller or Blender who desires a certificate in respect of any Spirits shall make application in writing to the principal officer doing duty at the time and place in relation to such Spirits.

REGULATION 5 (Superseded (Enabling Act was repealed by 74 of 2006))  

5   ISSUE OF CERTIFICATE  
An officer may, upon receipt of an application, issue to a distiller or blender a certificate in accordance with Form 1.

REGULATION 6 (Superseded (Enabling Act was repealed by 74 of 2006))  

6   SPIRITS REMOVED FROM CEO'S CONTROL  
A certificate must not be issued in respect of spirits after removal of the spirits from the CEO's control.

REGULATION 7 (Superseded (Enabling Act was repealed by 74 of 2006))  

7   MARKING DESCRIPTION OF SPIRITS  

REGULATION 8 (Superseded (Enabling Act was repealed by 74 of 2006))  

8   PRESCRIBED STAMP  

REGULATION 9 (Superseded (Enabling Act was repealed by 74 of 2006))  

9   PRESCRIBED SEAL  

PART IIA - EXEMPTION OF CERTAIN SPIRITS AND DISTILLED SPIRITUOUS LIQUORS FROM THE REQUIREMENTS OF SECTIONS 11 AND 12 OF THE ACT  

REGULATION 9A (Superseded (Enabling Act was repealed by 74 of 2006))  

9A   DISTILLED SPIRITUOUS LIQUORS UNDER SECTION 11  
For the purposes of section 11 of the Act, fruit brandies (other than brandy distilled from grapes), masticha, tequila, ferro china, ramazzotti bitters and the distilled spirituous liquor known as ouzo or oyzo are prescribed distilled spirituous liquors.

REGULATION 9B (Superseded (Enabling Act was repealed by 74 of 2006))  

9B   DISTILLED SPIRITUOUS LIQUORS UNDER SECTION 12  
The following distilled spirituous liquors are prescribed for the purposes of section 12 of the Act:

  • bitters (being a beverage)
  • cynar
  • ferro china
  • fruit brandies (other than brandy distilled from grapes)
  • kirsch (also known as kirschwasser)
  • masticha
  • ouzo (also known as oyzo).
  • PART III - LICENCES-METHYLATED SPIRITS  

    REGULATION 10 (Superseded (Enabling Act was repealed by 74 of 2006))  

    10   APPLICATION FOR LICENCE  
    Application for a licence to make Methylated Spirits shall be in accordance with Form 2.

    REGULATION 11 (Superseded (Enabling Act was repealed by 74 of 2006))  

    11   LICENCE FEE AND SECURITY FOR COMPLIANCE WITH REGULATIONS  
    The applicant for a licence to make Methylated Spirits shall pay to the Collector the prescribed licence-fee, if any, and give security in accordance with Form 3 in the sum of Two hundred dollars (with two approved sureties or an approved guarantee company or bank) for compliance with these Regulations.

    REGULATION 12 (Superseded (Enabling Act was repealed by 74 of 2006))  

    12   GRANT OF LICENCE  
    The Collector, if satisfied that the applicant is a fit and proper person to hold a licence and if the Collector approves of the security given, may grant to the applicant a licence in accordance with Form 4, but if the application is refused the licence fee shall be returned to the applicant.

    REGULATION 13 (Superseded (Enabling Act was repealed by 74 of 2006))  

    13   FEE PAYABLE FOR LICENCE  
    The fee payable by a methylator for every licence granted or to be granted in respect of the making and selling of Methylated Spirits is nil.

    REGULATION 14 (Superseded (Enabling Act was repealed by 74 of 2006))  

    14   FRESH SECURITY MAY BE REQUIRED  
    The Collector may at any time require any Methylator to give fresh security, and fresh security shall be given accordingly, and in default the licence may be cancelled by the CEO.

    REGULATION 15 (Superseded (Enabling Act was repealed by 74 of 2006))  

    15   PERIOD OF LICENCE  
    A methylator's licence comes into force on the day the licence is granted and remains in force until 31 December following that day, unless cancelled by the CEO.

    REGULATION 16 (Superseded (Enabling Act was repealed by 74 of 2006))  

    16   CANCELLATION OF LICENCE  
    If the holder of a licence to make Methylated Spirits is convicted of any contravention of the Act or of these Regulations the licence may be cancelled by the CEO.

    PART IV - STANDARDS  

    REGULATION 17 (Superseded (Enabling Act was repealed by 74 of 2006))   STANDARDS FOR METHYLATED SPIRITS  

    17(1)    
    The standard for the class of methylated spirits called industrial spirits is that the spirit before methylation is to contain not less than 94 per centum by volume of alcohol and is to be methylated by the addition of-


    (a) 0.25 per centum of wood naphtha or methyl alcohol, 0.5 per centum of pyridine and 0.5 per centum of any one of the following substances, namely, petrol, gasoline, petroleum benzine, petroleum naphtha, coal tar naphtha or shale naphtha;


    (b) 0.25 per centum of wood naphtha or methyl alcohol, 0.125 per centum of pyridine and 1 per centum of any one of the following substances, namely, petrol, gasoline, petroleum benzine, petroleum naphtha, coal tar naphtha or shale naphtha; or


    (c) 6.6 parts per million by weight of bitrex, 0.25 per centum by weight of methyl-isobutyl-ketone and 1 part per million by weight of fluorescein.

    17(2)    
    The standard for the class of methylated spirits called mineralized spirits is that the spirit before methylation is to contain not less than 94 per centum by volume of alcohol and is to be methylated by the addition of-


    (a) 0.25 per centum of wood naphtha or methyl alcohol, 0.05 per centum of pyridine and not less than 2 per centum of any one of the following substances, namely, petrol, gasoline, petroleum benzine, petroleum naphtha, coal tar naphtha, shale naphtha, benzol or a like substance; or


    (b) 6.6 parts per million by weight of bitrex, 0.25 per centum by weight of methyl-isobutyl-ketone and 1 part per million by weight of fluorescein.

    PART V - METHYLATED SPIRITS FOR SPECIAL MANUFACTURE OR SPECIAL PURPOSE  

    REGULATION 19 (Superseded (Enabling Act was repealed by 74 of 2006))   STANDARD FOR SPECIAL PURPOSE  

    19(1)    
    A person may methylate spirits for special manufacture or special purpose only if:


    (a) the spirits contain at least:


    (i) 94% by volume of alcohol; or

    (ii) if the CEO approved a lower percentage - that percentage; and


    (b) it is done by adding, in the proportions directed by the CEO, methyl alcohol or any other substance as directed by the CEO.

    Penalty: 1 penalty unit.


    19(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 20 (Superseded (Enabling Act was repealed by 74 of 2006))  

    20   APPLICATION TO VARY STANDARD  
    Any manufacturer desiring to use Methylated Spirits in any manufacture in which the manufacturer proves to the satisfaction of the Collector that Industrial Spirits would be unsuitable or detrimental, may make application in writing to the Collector stating the means by which it is proposed to methylate such Spirits.

    REGULATION 21 (Superseded (Enabling Act was repealed by 74 of 2006))  

    21   PARTICULARS REQUIRED IN APPLICATION  
    The manufacturer shall give full particulars of the situation of the premises in which, and the purposes for which, the Spirits are to be used, together with a description of the process of manufacture.

    REGULATION 22 (Superseded (Enabling Act was repealed by 74 of 2006))  

    22   PROCEDURE UPON APPROVAL OF APPLICATION  
    Upon approval of the application and upon the Spirits being methylated in such manner as the CEO directs, an entry shall be made and shall specify the purpose for which the Methylated Spirits are to be used, and upon the passing of the entry the Methylated Spirits may be delivered to the manufacturer.

    REGULATION 23 (Superseded (Enabling Act was repealed by 74 of 2006))  

    23   MANUFACTURED FOR APPROVED PURPOSE  
    Before the entry is passed the manufacturer shall, if required by the Collector, give approved security in an amount, not exceeding Two hundred dollars, to be fixed by the Collector that the Methylated Spirits shall not, unless by permission, be used for any purpose other than the manufacture specified in the entry.

    REGULATION 24 (Superseded (Enabling Act was repealed by 74 of 2006))  

    24   REMOVAL OF METHYLATED SPIRITS  
    The Methylated Spirits shall forthwith, after the passing of the entry, be removed to the premises of the manufacturer in which they are to be used.

    REGULATION 25 (Superseded (Enabling Act was repealed by 74 of 2006))  

    25   PRESCRIBED QUANTITY UNDER THIS PART  

    REGULATION 26 (Superseded (Enabling Act was repealed by 74 of 2006))   REMOVAL OF METHYLATED SPIRITS  

    26(1)    
    A person must not remove methylated spirits from the premises of a manufacturer where their use is authorised.

    Penalty: 1 penalty unit.


    26(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    26(3)    
    It is a defence to a prosecution under subregulation (1) that the person had the permission of the Collector.

    Note:

    A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).


    REGULATION 26A (Superseded (Enabling Act was repealed by 74 of 2006))   USE OF METHYLATED SPIRITS  

    26A(1)    
    A person may use methylated spirits only for a purpose approved by the Collector.

    Penalty: 1 penalty unit.


    26A(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 27 (Superseded (Enabling Act was repealed by 74 of 2006))   RECORD OF USE OF METHYLATED SPIRITS  

    27(1)    
    A manufacturer must keep a daily record, in accordance with Form 5, of:


    (a) the quantity of methylated spirits received into the manufacturer's premises; and


    (b) the quantity of methylated spirits used by the manufacturer; and


    (c) the purpose for which the spirits are used; and


    (d) the nature, and quantity, of the products manufactured from the spirits.

    Penalty: 1 penalty unit.


    27(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 28 (Superseded (Enabling Act was repealed by 74 of 2006))   RECOVERY OF METHYLATED SPIRITS  

    28(1)    
    A person may wholly or partially recover methylated spirits used in manufacturing operations only in premises approved by the Collector.

    Penalty: 1 penalty unit.


    28(2)    
    A person who wholly or partly recovers methylated spirits used in manufacturing operations must comply with:


    (a) any conditions imposed by the CEO; and


    (b) directions from the Collector about the proportion of fresh methylating substance to be mixed with the methylated spirits recovered.

    Penalty: 1 penalty unit.


    28(3)    
    An offence under subregulation (1) or (2) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 29 (Superseded (Enabling Act was repealed by 74 of 2006))  

    29   LIMITATION ON USE OF PREMISES  

    REGULATION 30 (Superseded (Enabling Act was repealed by 74 of 2006))  

    30   FEE FOR SUPERVISION BY OFFICER  
    If, in the opinion of the Collector, the services of an officer are necessary to supervise wholly or partially the manufacture of any product in which Methylated Spirits are used, the manufacturer shall pay to the Collector $16.75 per hour, or part thereof, for the time the services of such officer are required.

    REGULATION 30A (Superseded (Enabling Act was repealed by 74 of 2006))  

    30A   PARTICULARS REQUIRED IN APPLICATION  
    Any person desiring to use Methylated Spirits for any special purpose for which the person proves to the satisfaction of the Collector that Industrial Spirits would be unsuitable may make application in writing to the Collector, stating therein -


    (a) the means by which it is desired the spirits should be methylated;


    (b) the premises in which it is intended to use the methylated spirits;


    (c) full particulars of the purposes for which the methylated spirits are to be used.

    REGULATION 30B (Superseded (Enabling Act was repealed by 74 of 2006))  

    30B   PROCEDURE UPON APPROVAL OF APPLICATION  
    Upon approval of the application and upon the spirits being methylated in such manner as the CEO approves, an entry shall be made and shall specify the purpose for which the methylated spirits are to be used, and upon the passing of the entry the methylated spirits may be delivered to the applicant.

    REGULATION 30C (Superseded (Enabling Act was repealed by 74 of 2006))   REMOVAL AND USE OF METHYLATED SPIRITS  

    30C(1)    
    As soon as possible after the passing of the entry, the applicant must move the methylated spirits, or cause them to be moved, to the premises where they are to be used.

    Penalty: 1 penalty unit.


    30C(2)    
    The applicant must not remove the methylated spirits from the premises where they are to be used.

    Penalty: 1 penalty unit.


    30C(3)    
    It is a defence to a prosecution under subregulation (2) that the Collector has permitted the removal.

    Note:

    A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).


    30C(4)    
    The applicant may use the methylated spirits on the premises where they are to be used only for a purpose approved by the Collector.

    Penalty: 1 penalty unit.


    30C(5)    
    An offence under subregulation (1), (2) or (4) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 30D (Superseded (Enabling Act was repealed by 74 of 2006))  

    30D   RECEIPT OF METHYLATED SPIRITS  

    REGULATION 30E (Superseded (Enabling Act was repealed by 74 of 2006))  

    30E   PRESCRIBED QUANTITY ON PREMISES  

    REGULATION 30F (Superseded (Enabling Act was repealed by 74 of 2006))   RECORD OF USE OF METHYLATED SPIRITS  

    30F(1)    
    The applicant must keep a record of:


    (a) the particulars of the methylated spirits received; and


    (b) how the methylated spirits have been used.

    Penalty: 1 penalty unit.


    30F(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    30F(3)    
    It is a defence to a prosecution under subregulation (1) that the Collector has authorised the person not to keep the record.

    Note:

    A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).


    REGULATION 30G (Superseded (Enabling Act was repealed by 74 of 2006))  

    30G   SECURITY FOR COMPLIANCE WITH REGULATIONS  

    PART VI - METHYLATED SPIRITS FOR SCIENTIFIC INVESTIGATION  

    REGULATION 31 (Superseded (Enabling Act was repealed by 74 of 2006))   STANDARD FOR PURPOSES UNDER THIS PART  

    31(1)    
    A methylator may methylate spirit only if:


    (a) it contains at least 94% by volume of alcohol; and


    (b) the methylation is done in accordance with any directions by the CEO.

    Penalty: 1 penalty unit.


    31(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 32 (Superseded (Enabling Act was repealed by 74 of 2006))  

    32   APPLICATION FOR USE IN SCIENTIFC INVESTIGATION  
    Any responsible officer of a University or Public Institution desiring to use Methylated Spirits for scientific investigation in connexion with a University or Public Institution may make application in writing to the Collector, stating the quantity required and the premises in which it is intended to keep and use such Methylated Spirits.

    REGULATION 33 (Superseded (Enabling Act was repealed by 74 of 2006))  

    33   APPROVAL OF APPLICATION  
    Upon approval of the application, the Spirits shall be treated as directed by the CEO, an entry shall be made and shall specify the purpose for which the Methylated Spirits are to be used, and upon the passing of the entry the Methylated Spirits may be delivered to the responsible officer of a University or Public Institution.

    REGULATION 34 (Superseded (Enabling Act was repealed by 74 of 2006))   REMOVAL OF METHYLATED SPIRITS  

    34(1)    
    The responsible officer of a university or public institution must, as soon as possible after the passing of the entry, make sure that the methylated spirits are removed to the premises for which approval is given.

    Penalty: 1 penalty unit.


    34(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 35 (Superseded (Enabling Act was repealed by 74 of 2006))  

    35   RECEIPT OF METHYLATED SPIRITS  

    REGULATION 36 (Superseded (Enabling Act was repealed by 74 of 2006))   REMOVAL OF METHYLATED SPIRITS  

    36(1)    
    The responsible officer of a university or public institution must, as soon as possible after the passing of the entry, make sure that the methylated spirits are removed to the premises for which approval is given.

    Penalty: 1 penalty unit.


    36(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 37 (Superseded (Enabling Act was repealed by 74 of 2006))  

    37   SECURITY FOR COMPLIANCE WITH REGULATIONS  
    The Collector may at any time require the responsible officer of a University or Public Institution to give security for compliance with these Regulations to such amount as may be fixed by the Collector.

    PART VII - METHYLATED SPIRITS GENERALLY  

    Division (1)-Methylators  

    REGULATION 38 (Superseded (Enabling Act was repealed by 74 of 2006))  

    38   APPLICATION TO MAKE METHYLATED SPIRITS  

    REGULATION 39 (Superseded (Enabling Act was repealed by 74 of 2006))  

    39   METHOD OF MAKING  
    Upon approval of the application, the Spirits shall be methylated as provided by these Regulations.

    REGULATION 41 (Superseded (Enabling Act was repealed by 74 of 2006))  

    41   CAPACITY OF MIXING VAT  
    When required by the Collector, a mixing vat shall be provided, of sufficient capacity to admit of the Spirits being properly methylated.

    REGULATION 42 (Superseded (Enabling Act was repealed by 74 of 2006))  

    42   FEE FOR SERVICES OF SPECIAL OFFICER  
    If the quantity of Methylated Spirits to be made is such as to require, in the opinion of the Collector, the services of a special officer, the Methylator shall pay to the Collector $16.75 per hour, or part thereof, for the time the services of such officer are required.

    REGULATION 44 (Superseded (Enabling Act was repealed by 74 of 2006))   DELIVERY OF METHYLATED SPIRITS  

    44(1)    
    A methylator may deliver methylated spirits for special manufacture, special purpose or scientific investigation to a person only if the Collector has approved the delivery.

    Penalty: 1 penalty unit.


    44(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 45 (Superseded (Enabling Act was repealed by 74 of 2006))   MARKING OF PARTICULARS ON CONTAINERS  

    45(1)    
    Upon every vessel containing Methylated Spirits and every package covering such vessels the Methylator shall legibly cut or brand or paint in oils the following particulars:


    (a) The name of the Methylator and the place where the Methylated Spirits were made.


    (b) The words Industrial Methylated Spirits or Mineralized Methylated Spirits or Methylated Spirits for Special Manufacture or Methylated Spirits for Special Purpose, or Methylated Spirits for Scientific Investigation, according to the class of Methylated Spirits contained therein:

    Provided that, in regard to Mineralized Spirits which are marketed under a distinctive trade name which has been registered with the CEO, the latter may allow the use of such trade name in lieu of the marking provided for in (a) and (b) above.

    Penalty: 1 penalty unit.


    45(2)    
    A person must not alter or erase particulars mentioned in subregulation (1) on a container of methylated spirits.

    Penalty: 1 penalty unit.


    45(3)    
    An offence under subregulation (1) or (2) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 46 (Superseded (Enabling Act was repealed by 74 of 2006))  

    46   IDENTIFICATION OF MANUFACTURING VESSELS  

    Division (2)-Officers, Powers of  

    REGULATION 48 (Superseded (Enabling Act was repealed by 74 of 2006))  

    48   POWERS OF OFFICERS  
    Officers may examine and take copies of, or extracts from, all books kept in relation to the making, or sale, or removal, or use of Methylated Spirits under these Regulations.

    Division (3)-Imported Methylated Spirits  

    REGULATION 49 (Superseded (Enabling Act was repealed by 74 of 2006))  

    49   SAMPLES TO BE TAKEN  
    Imported methylated spirits must not be delivered from the CEO's control unless samples of the spirits are taken and submitted for analysis to an analyst approved by the Collector.

    REGULATION 50 (Superseded (Enabling Act was repealed by 74 of 2006))  

    50   ANALYSIS OF SAMPLES  
    If upon analysis of Imported Methylated Spirits the analyst certifies that such Methylated Spirits are not sufficiently methylated, such Spirits shall not be delivered for home consumption until so methylated.

    Division 4 - Miscellaneous  

    REGULATION 51 (Superseded (Enabling Act was repealed by 74 of 2006))   AUTHORITY AND PLACE TO METHYLATE SPIRITS  

    51(1)    
    Spirits may be methylated with the permission of the Collector.

    51(2)    
    A person must apply for permission in accordance with Form 6.

    51(3)    
    A person may methylate spirits only in:


    (a) a customs warehouse; or


    (b) the spirit store of a spirit maker's distillery; or


    (c) the premises specified in the methylator's licence; or


    (d) a place approved by the Collector.

    Penalty: 1 penalty unit.


    51(3A)    
    An offence under subregulation (3) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    51(4)    
    If the Collector is satisfied that it is necessary for the protection of revenue, the Collector may, in writing, order a methylator not to methylate spirits except under the supervision of an officer.

    51(5)    
    In deciding whether supervision of methylation is necessary for the protection of revenue, the Collector may take into account the following:


    (a) whether the methylator keeps records that show details of:


    (i) the receipt and disposal of materials capable of being used in methylation; and

    (ii) materials used in methylation; and

    (iii) methylated spirits produced, stored or disposed of;


    (b) the methods adopted, and the precautions taken, by the methylator in, and after, carrying out methylation.


    REGULATION 52 (Superseded (Enabling Act was repealed by 74 of 2006))  

    52   DELIVERY FROM CUSTOMS CONTROL  

    REGULATION 53 (Superseded (Enabling Act was repealed by 74 of 2006))   POSSESSION MUST BE AUTHORISED  

    53(1)    
    A person who is not a methylator must not receive or possess methylated spirits for special manufacture, special purpose or scientific investigation.

    Penalty: 1 penalty unit.


    53(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    53(3)    
    It is a defence to a prosecution under subregulation (1) if the Collector has authorised the person to receive or possess the methylated spirits.

    Note:

    A defendant bears an evidential burden for the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code).


    REGULATION 54 (Superseded (Enabling Act was repealed by 74 of 2006))   METHOD OF TAKING SAMPLES  

    54(1)    
    A sample taken or obtained by an officer under the provisions of section 22 of the Act shall be dealt with in the following manner:


    (a) The officer taking or obtaining the sample shall, in the presence of the person or the agent or servant of the person, from whom the sample is taken or obtained divide the sample into three equal parts and label or mark and securely seal each part; and


    (b) The officer shall hand one part to the owner or an agent or servant of the owner, deliver for report another part to an analyst approved by the Collector, and retain the third part, for further examination, if necessary.

    54(2)    
    Delivery of the part to the analyst may be effected personally or by sending the part by registered post addressed to the analyst at the analyst's usual address, or in such other manner as the Collector approves.

    54(3)    
    In the event of any dispute as to the identity of the part received by the analyst the burden of proof shall lie upon the person complaining.

    54(4)    
    The production of a certificate of analysis of the part purporting to be signed by the analyst shall be sufficient evidence of the identity of the part and of the result of the analysis without proof of the signature of the person purporting to have signed the certificate.

    REGULATION 55 (Superseded (Enabling Act was repealed by 74 of 2006))  

    55   PRESCRIBED QUANTITY FOR PARAGRAPH 21 (A) OF THE ACT  

    REGULATION 57 (Superseded (Enabling Act was repealed by 74 of 2006))   CONTAINERS TO BE DISTINCTIVELY LABELLED  

    57(1)    
    A methylator must label each container of methylated spirits produced by the methylator with the words ``Methylated Spirits'' in prominent letters.

    Penalty: 1 penalty unit.


    57(2)    
    A person may sell a container of methylated spirits only if it is labelled in accordance with subregulation (1).

    Penalty: 1 penalty unit.


    57(3)    
    A person must not remove or alter a label of a container of methylated spirits.

    Penalty: 1 penalty unit.


    57(4)    
    An offence under subregulation (1), (2) or (3) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 58 (Superseded (Enabling Act was repealed by 74 of 2006))   METHYLATING SUBSTANCES TO BE APPROVED  

    58(1)    
    A person may use a methylating substance to make methylated spirits only if the Collector has approved the use.

    Penalty: 1 penalty unit.


    58(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 59 (Superseded (Enabling Act was repealed by 74 of 2006))   SAMPLES MAY BE TAKEN FOR ANALYSIS  

    59(1)    
    A methylator must, ifrequired by the Collector:


    (a) take samples of methylated spirits made by the methylator; and


    (b) submit the samples for analysis to an analyst approved by the Collector.

    Penalty: 1 penalty unit.


    59(2)    
    An offence under subregulation (1) is an offence of strict liability.

    Note:

    For strict liability , see section 6.1 of the Criminal Code.


    REGULATION 60 (Superseded (Enabling Act was repealed by 74 of 2006))  

    60   VETERINARY PRODUCTS  

    REGULATION 61 (Superseded (Enabling Act was repealed by 74 of 2006))  

    61   SPIRIT MAKER'S GENERAL LICENCE  
    A Distiller holding a Spirit Maker's general licence under the Distillation Act 1901, shall be subject to the provisions of these Regulations relating to Methylators to the same extent as if the distiller were a Methylator under these Regulations.

    REGULATION 62 (Superseded (Enabling Act was repealed by 74 of 2006))  

    62   INFERIOR SPIRITS TO BE METHYLATED  

    REGULATION 63 (Superseded (Enabling Act was repealed by 74 of 2006))  

    63   PENALTY  

    REGULATION 64 (Superseded (Enabling Act was repealed by 74 of 2006))  

    64   FORMS  
    The forms prescribed in these Regulations are those in the Schedule to these Regulations.

    REGULATION 65 (Superseded (Enabling Act was repealed by 74 of 2006))  

    65   REPEAL  
    The Spirits Act Regulations 1913 (Statutory Rules 1913, No 344 as amended by Statutory Rules 1922, No 132; 1924, No 75, and 1925, No 88) are repealed.

    SCHEDULE  

    FORM 1

    Regulation 5

    Commonwealth of Australia
    Spirits Act 1906-1935
    OFFICIAL CERTIFICATE

    I hereby certify that the spirits contained in the packages described hereunder are[#_1]

    Insert whether ``Pure Australian Standard Brandy'', ``Australian Blended Brandy'', ``Australian Standard Malt Whisky'', ``Australian Blended Whisky'', or ``Australian Standard Rum''.

    ([dagger_1]

    See definitions quoted on back hereof.

    as defined by the Spirits Act 1906-1935), distilled under Excise supervision.


    Description of Packages Quantity
    Kind of Vessel No. of
    Vessels
    Marks
    and
    Numbers
    Name
    painted or
    Branded
    on the
    Vessels
    of product
    in litres
    percentage
    by volume
    of alcohol
    of alcohol
    in litres
                 
                 
                 
                 
    REMARKS:            
                 
                 

    Dated at.................... in the State of.................... this.................... day of.......... 20.....

    Officer.

    NOTE-This certificate holds good only whilst the abovementioned spirits remain under the CEO's control.

    FORM 2

    Regulation 10

    Commonwealth of Australia
    Spirits Act 1906-1923
    APPLICATION FOR A LICENCE TO MAKE METHYLATED SPIRITS

    To the Collector

      State of........................................

    I hereby apply for a licence to make Methylated Spirits on premises situated at

    I submit the following as sureties to the security required:

    Names in full of proposed sureties-


    (1)    (2)   

    Occupations and addresses-


    (1)    (2)   
           
           
           
           

    Signature of applicant.  

    Date

    FORM 3

    Regulation 11

    Security - Methylator's licence

    COMMONWEALTH OF AUSTRALIA

    Spirits Act 1906

    SECURITY

    METHYLATOR'S LICENCE


    By this security the subscribers are, pursuant to the Spirits Act 1906, bound to the CEO (as defined in that Act) in the sum of Two hundred dollars subject only to this condition that if who *an applicant for is the holder of a licence under the said Act to make methylated spirits on premises situated at and to sell the said methylated spirits shall so long as the *applicant/holder holds a licence as aforesaid comply to the satisfaction of the Collector with the said Act and any amendment thereof or any Act passed in substitution therefor and the Regulations for the time being in force thereunder, then this security shall be thereby discharged.
      Dated the day of 20 


    Names and Descriptions
    of Subscribers
    Signatures of
    Subscribers
    Signatures and
    Addresses of Witnesses
        (L.S.)
        (L.S.)
        (L.S.)  
           

    * Strike out the words not required.

    FORM 4

    Regulation 12

    No

    Commonwealth of Australia
    Spirits Act 1906-1923
    METHYLATOR'S LICENCE

    A.B., of (here state address and occupation) is hereby licensed, subject to the Regulations now, or which may hereafter be, in force under the Spirits Act 1906-1923, to make Methylated Spirits on premises situated at.......................................................... and to sell any Methylated Spirits made in pursuance of this licence.

    Dated the.............................. day of.................... 20....

    Collector ........................................

    FORM 5

    Regulation 27

    Commonwealth of Australia
    Spirits Act 1906-1923
    MANUFACTURER'S BOOK

    Name of Manufacturer

    Premises in which manufacture is carried on


    Methylated Spirits
    Received Used Loss in Operation Purposes for which Methylated Spirits have been used Products Manufactured
    Date Quantity Quantity Quantity Nature Quantity Remarks
                       
                       
                       

    I declare that the foregoing entries relating to the month of.............................. 20...., fully set forth all the matters required by law, and that the same are true in every particular.

    (Signature of Manufacturer.)

    FORM 6

    (regulation 51)

    Commonwealth of Australia
    Spirits Act 1906-1923
    APPLICATION TO MAKE METHYLATED SPIRITS

    To the Collector

    State of

    I request permission to make the following Methylated Spirits at................................ (name licensed premises, or Customs Warehouse).

    Methylator.


    Vessels Methylating Substance
    to be added
    Brand
    No.
    Description Quantity
    of
    product
    in
    litres
    Percentage
    by
    volume
    of
    alcohol
    Quantity
    of
    alcohol
    in
    litres
    Material
    made
    from
    Class
    of
    Methylated
    Spirits
    to be
    made
    Nature Quantity Brand
    and
    Date of
    Approval
                       
                       

     Approved.

    Collector

     Date