I gave this reply to a similar question posted in this forum four years ago.
(see:
Pop up Brewery )
"These sort of questions about going pro pop up quite often, and I've pondered a work-around that might make it possible, and legal.
The main thrust of the law is that if you make beer for sale you come under the federal excise laws, as well as local and state laws and regs concerning effluent discharge, health & safety etc. But the biggie is the federal excise law that is administered by the ATO.
So, instead of selling beer, why not sell wort instead as well as your services as a brewer to make it into beer.
It would work something like this: Get your beer drinking customers to pay up front for the ingredients, power, water etc - all the things needed to make the wort - and a fee for your skills in mashing and boiling it to produce the wort. There's nothing illegal about making wort for a fee. Because its not beer, yet.
I'd ask one or more of my customers to be physically present to pitch the yeast. This is the point in the process when you are turning wort into beer, and you want to make sure its not you that is making the beer. If asked by the ATO what you're up to, you can honestly say "I'm didn't make the beer my customers did. I just made the wort and supervised their fermentation as a contracted brewery hand".
When the beers ready to drink your customers can come to you (or you to them) for their share of the beer according to their investment in the operation.
I think this approach just might work.
Flame away.
But now I would have a van and go around to people's homes. Rent them a fermenter, a fermentation fridge, kegs and a kegorator (I would source a bulk deal with a major maker like Keg King or KegLand etc); and sell them fresh wort kits that I would supply (either made by me or bought in bulk from a micro brewery). The customer would initiate making the beer by pitching the yeast and then I would then work as hired help and put the fermentor in the fermentation fridge in the customer's own garage . When finished fermenting I would rack to kegs in the kegorator and gas up for serving.
