Commonwealth Consolidated Acts

EXCISE ACT 1901 - SECT 77FK

  (1)   A person commits an offence if:

  (a)   the person does any of the following things:

  (i)   makes or commences to make any still;

  (ii)   removes, sets up or erects any still;

  (iii)   sells or otherwise disposes of, or purchases or otherwise acquires any still, either by itself or with other property, or as part of any premises;

  (iv)   imports any still;

  (v)   has possession, custody or control of any still; and

  (b)   the still is of a capacity exceeding 5 litres; and

  (c)   the person is not a licensed manufacturer; and

  (d)   the person has not been given permission by the CEO to do the thing.

Penalty:   50 penalty units.

  (2)   Subsection   (1) does not apply to an act done by an officer in the course of performing a function or exercising a power under this Act or the Excise Tariff Act 1921 .

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

  (3)   The CEO may, in writing, give a person permission to do a thing mentioned in paragraph   (1)(a).

  (4)   A permission under subsection   (3) is not a legislative instrument.