What's The Law.

[Brewing_Brad]

G'day all,

Just a quick one, but does anyone know what the actual piece of legislation is called that governs the legality of home brewing?

The only useful bit of information I can find is the following quote:

Home brewing was legalised in Australia under Prime Minister Gough Whitlam's Labor government in 1973 – in fact, the home-brew law was one of the very first among a raft of new legislation introduced by the highly reformist regime. Before that, it had been legal to make beer at home but only if it was around 1 per cent alcohol (in other words, gnat's bladder weak).

The exact wording of the new law introduced under Whitlam allows home brewers to make 22 litres of beer per week. Of course, that's more than enough for any individual to consume but, really, this is only a guideline and I don't know of anyone who has ever been prosecuted for making more than the allowable volume.

Cheers
Brad

 

[tavas]

I have a homebrew book which says (very big paraphrase) "illegal to make more than 2% alcohol at home, but changed in the 70's". Basically what you have is true, i think it got too much for the "politiburo" to check everyone who was homebrewing.
I shall have to dig up the book, but for an actual quote or reference I don't have.

 

[Brewing_Brad]

I shall have to dig up the book, but for an actual quote or reference I don't have.

I just need the name of the legislation, eg: "Homebrew Act of 1973" or whatever. I've been scouring every government website I can find but without knowing the name, I'm running blind.

 

[unrealeous]

I just need the name of the legislation, eg: "Homebrew Act of 1973" or whatever. I've been scouring every government website I can find but without knowing the name, I'm running blind.

http://www.dassa.sa.gov.au/site/page.cfm?u=124#production

The Production and Distribution of Alcohol
Under the Distillation Act 1901 (Cwlth) it is an offence to distil any spirit without first obtaining a licence from the Excise Business Line of the Australian Taxation Office (maximum penalty $5000).
It is also an offence to make, possess, sell or purchase any illicit spirits regardless of the proposed use (maximum penalty $5000).
The production of beer or wine without a licence is not an offence provided the production is not for commercial purposes, as specified by the Excise Tariff Act 1921 (Cwlth).
The production of fortified wine requires a permit from the Excise Business Line of the Australian Taxation Office. Permits are only granted for commercial purposes.
Under the Customs Act 1901 (Cwlth) an individual is permitted to bring into the country 2.25 litres of alcoholic liquor (including wine, beer, or spirit) per person aged 18 years or over, before import duty is charged.

 

[Brewing_Brad]

The production of beer or wine without a licence is not an offence provided the production is not for commercial purposes, as specified by the Excise Tariff Act 1921 (Cwlth).

Thanks unrealeous! You're a legend!

 

[Pennywise]

Funny how we're only allowed to make 22 litres a week but the standard k&k recipe is for 23 litres <_<

 

[Brewing_Brad]

Funny how we're only allowed to make 22 litres a week but the standard k&k recipe is for 23 litres <_<

Well, I couldn't find any reference to a limit on how much you can brew, just as long as you don't try to sell it. So I'm thinking my next batch will be a Kilolitre. That should last me a week or two.

 

[Maple]

... So I'm thinking my next batch will be a Kilolitre. That should last me a week or two.

Holy heck, how big is your kettle?

 

[Brewing_Brad]

Holy heck, how big is your kettle?

Ok, so I may have to do it in smaller batches...

 

[Pennywise]

Good luck with that super concentrated boil :lol:

 

[Phoney]

The production of fortified wine requires a permit from the Excise Business Line of the Australian Taxation Office. Permits are only granted for commercial purposes.

So it's illegal to tip a bit of brandy into a bottle of wine?

 

[Muggus]

So it's illegal to tip a bit of brandy into a bottle of wine?

Haha apparently!

I think it my apply to using "grape spirit" to fortify wine. Grape spirit for wine making purposes has very little tax on it, so it is really cheap, but you have to keep very detailed logs on its purchase and use...that law is a bit a confusing in that regard.

 

[501]

Hey,
I scrawled for ages one time looking for this as well.
seems the 1972 version of the excise tariff is no longer easy to find on comlaw. etc etc.
the current acts definition of non-commercial doesn't seem to mention liters (afaik) So your 1000 liters prbly ain't `commercial`.
Most straightforward is the ATO

If you scrawl the ato there are some interesting Determinations too,
such as dextrose, malt extract and sugar packaged and labeled for brewing purposes.
These were found Not GST exempt as they should be imo as the 'raw' food ingredients that they are.
Issue 24 - Ingredients used for home brewing or wine making
any 'homebrew' stuff is taxed including cane sugar lol...

Also worrying is some feminist crap; can't find the original but it's here -= future tax submission vic health=-
here's a boring quote.

Privately produced beer is beer made for personal use by private individuals and is exempt
from the payment of excise. The cost of this tax benefit is estimated by Treasury at $40
million for 2008-09. Whether beer is brewed for private purposes or not the effect of the
alcohol on the consumer is the same. There is no case for the consumer of home-brew to
be tax-preferred to the consumer of commercial brews. Alcohol is alcohol and like products
should be taxed alike. We assume the difficulty lies with the Tax Office trying to assess the
quantity brewed by each home-brewer and then trying to ensure compliance with the
excise. For practical reasons this concession may have to remain, but that should be stated
as the reason for the concession, not the preferment of one type of beer drinker over
another.​

fkn crap hey.
next would be sugar - yeast - honey taxes.
<_<

 

[Pennywise]

Most straightforward is the ATO

There's a centence I've never heard before :blink:

 

[501]

Lol at my grammar
:lol:

 

[Dazza_devil]

The law is an ass.
It was the yeast that made it your honour.

 

[Hatchy]

If we're only allowed to make 22L a week then why are 60L fermenters so readily available? To avoid breaking this law should I bottle half 1 week & the other half the week after?

 

[Pennywise]

Distilling is illegal, but you can still buy stills (for other purposes ). What's to say you have to use the 60L drum to ferment in? HB'ers are the only one's that call them fermenters. They're just drums to everyone else.

 

[Pete2501]

Judge Dread is the Law.

 

[501]

I believe that 22 liter thing is from the Excise Act 1972.
This appears to be superseded and hard to obtain a copy of.

the only reference I can find is to non-commercial equipment -
not classifications of commercial equipment (sizes etc),
or any reference to specific amounts allowable for home brewing in the latest excise tariff acts.

ato
h34r: