77FK

Offence in relation to stills

In force

(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.

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.