DISTILLATION ACT 1901 (REPEALED)

PART II - STILLS  

SECTION 11 (Repealed by 74 of 2006)   USE OF STILLS FOR PURPOSES OTHER THAN THE DISTILLATION OF SPIRITS  

11(1)
A person shall not use a still for a purpose other than the distillation of spirits unless the person has given notice to the Collector, in accordance with subsection (2), of his or her intention to use the still for that purpose.

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History

S 11(1) amended by No 25 of 2001, s 3 and Sch 4 items 9 and 10, by substituting ``the person'' for ``he'' and ``his or her'' for ``his'', effective 4 May 2001.

11(2)
A notice under subsection (1) shall specify:

(a) the size or capacity of the still;

(b) the purpose for which the still is intended to be used; and

(c) the place where the still is intended to be used.

11(3)
A still that is used in contravention of this section shall be deemed to be an illicit still.

Note:

As a result of this subsection, use of a still in contravention of this section is an offence under section 74.

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History

S 11(3) amended by No 146 of 2001, s 3 and Sch 4 item 8, by inserting the note at the end, applicable to acts and omissions that take place after December 15. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after December 15, the act or omission is alleged to have taken place before December 15.

11(4)
An offence under section 74 as a result of the operation of subsection (3) of this section is an offence of strict liability.

Note:

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

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History

S 11(4) inserted by No 146 of 2001, s 3 and Sch 4 item 9, applicable to acts and omissions that take place after December 15. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after December 15, the act or omission is alleged to have taken place before December 15.

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