SPIRITS ACT 1906 (REPEALED)

SECTION 15 (Repealed by 74 of 2006)   PENALTY FOR REFINING ETC METHYLATED SPIRITS  

15(1)
A person shall not:

(a) abstract any methylating substance or any fractional part or ingredient thereof from any methylated spirits; or

(b) refine or distil any methylated spirits; or

(c) treat, deal with or use any methylated spirits or spirits containing any fractional part or ingredient of a methylating substance in contravention of this Act or the regulations.

Penalty: 50 penalty units.

Note:

See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

15(2)
Paragraph (1)(b) does not apply to the extent that the refining or distillation is allowed by the regulations.

Note:

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

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History

S 15(2) inserted by No 146 of 2001, s 3 and Sch 4 item 121, 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.

S 15 amended by No 146 of 2001, s 3 and Sch 4 item 120, by omitting ``except as allowed by the regulations,'' before ``refine or distil'' in para (b), 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.

S 15 amended by No 25 of 2001, s 3 and Sch 5 item 17, by substituting the penalty and inserting the note at the end, effective 4 May 2001. The penalty formerly read:

Penalty: $5,000.

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