SPIRITS REGULATIONS (Superseded (Enabling Act was repealed by 74 of 2006))

PART VII - METHYLATED SPIRITS GENERALLY

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REGULATION 51 (Superseded (Enabling Act was repealed by 74 of 2006)) AUTHORITY AND PLACE TO METHYLATE SPIRITS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

View history note

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 .

View history note

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.

View history note

History

Reg 51 substituted by SR No 83 of 2001, reg 5 and Sch 3 item 13, effective 4 May 2001. Reg 51 formerly read:

AUTHORITY TO METHYLATE SPIRIT
51(1)
Spirits may be methylated only by authority, only in a Customs Warehouse, the Spirit Store of a Spirit Maker's Distillery or the premises specified in the methylator's licence or at any other place approved by the Collector and, subject to the next succeeding sub-regulation, under the supervision of an officer.

51(2)
Where -

(a) the Collector is satisfied that a methylator keeps records that show -

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

(ii) details of all materials used in methylation; and

(iii) details of all methylated spirits produced, stored, or disposed of, by him; and

(b) the methods adopted, and the precautions taken, by the methylator in and after carrying out methylation are, in the opinion of the Collector, such as to render the carrying out of the operation under the supervision of an officer unnecessary,
the Collector may, by writing under his hand exempt the methylator from compliance with the requirement of the last preceding sub-regulation that spirits may only be methylated under the supervision of an officer, and, while the exemption remains in force, the methylator is not required to comply with the requirements of that provision.

51(3)
A methylator to whom an exemption has been granted under the last preceding sub-regulation shall furnish to the Collector, at such times as the Collector requires in a form approved by the Collector, such returns relating to the details referred to in paragraph (a) of that sub-regulation as the Collector directs.

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