Excise Act 1901

PART VIIAA - SPECIAL PROVISIONS RELATING TO SPIRITS  

SECTION 77FK   OFFENCE IN RELATION TO STILLS  

77FK(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.

77FK(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 ).

77FK(3)    
The CEO may, in writing, give a person permission to do a thing mentioned in paragraph (1)(a).

77FK(4)    
A permission under subsection (3) is not a legislative instrument.