Lexi Webster
In Western Australia, it is illegal to distil alcohol for consumption or sale without the necessary permits and licenses from the relevant authorities. The Australian Tax Office (ATO) issues a free excise manufacturing license for stills with a capacity of 5 litres or more. While owning a still under 5L does not require permission, using it for alcohol distillation without a license is illegal. Individuals risk fines of up to $85,000 or potential imprisonment if they distill spirits without the required license.
| Characteristics | Values |
|---|---|
| Legality of owning a still | It is illegal to own a still with a capacity of more than 5L without a permit or license. |
| Legality of using a still | It is illegal to use a still to distill alcohol for personal consumption or sale without an excise manufacturing license from the Australian Tax Office (ATO). |
| License requirements | To obtain a license, individuals must pay tax on the distilled alcohol and may need to consider factors such as the security of their premises and whether they can pay the required excise duty. |
| Penalties for non-compliance | Individuals who distill alcohol without a license may face fines of up to $85,000 or up to two years in prison. Failing to obtain permission from the ATO to own a still can result in fines of up to $8,500. |
| Legality of selling stills | It is legal to sell stills with a capacity of 5L or less without permission from the ATO. |
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What You'll Learn
- Distilling alcohol for personal consumption is illegal in Australia
- A free licence from the ATO is required to own a still over 5L
- You must pay tax on alcohol you distill for drinking
- Home-brew stores in Western Australia sell stills without issue
- It is illegal to construct a still over 5L without a permit
Distilling alcohol for personal consumption is illegal in Australia
According to Australian law, individuals who wish to manufacture, buy, sell, import, possess, or control a still with a capacity of 5 litres or more require an "excise manufacturing license" from the Australian Tax Office (ATO). This license is free, but individuals must pay tax on any alcohol they distill for drinking, even if it is for personal consumption. The tax rate for distilled spirits is called the excise rate and is set at $87.68 as of February 1, 2021.
The requirement for a license primarily relates to the production of distilled spirits such as rum, gin, whiskey, and brandy. In contrast, the production of beer, cider, or wine for personal use does not require a license and is therefore not illegal.
It is important to note that the laws regarding distillation may vary between states in Australia. Additionally, the information provided here should not be considered legal advice, and individuals interested in distilling alcohol should refer to the relevant local authorities for guidance.
While some sources state that distilling alcohol for personal consumption is illegal in Australia, there are reports of individuals doing so without facing any legal consequences. However, it is crucial to be aware of the potential risks and legal implications associated with distilling alcohol without the necessary permits and licenses.
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A free licence from the ATO is required to own a still over 5L
Distilling spirits without a license is illegal in Australia. If you wish to manufacture, buy, sell, import, own, or set up a still with a capacity of 5 litres or more, you must obtain a free licence from the Australian Tax Office (ATO). This licence is known as an 'excise manufacturing licence' and is required regardless of whether the alcohol being produced is for sale or personal use.
The licence is necessary due to a law passed in 1901 that made home brew illegal, defining it as a grain-based liquor with more than "two points" of ethanol. While this law was changed in the early 1970s by Gough Whitlam to allow home brewing of beer and wine, distilling spirits for drinking, even for personal consumption, still requires the payment of tax.
The ATO provides guidance on the process of obtaining an excise manufacturing licence, encouraging applicants to consider factors such as the security of their premises and whether the correct amount of excise duty will be paid when required. It is important to note that the excise rate increases every six months and, as of 1 February 2021, was $87.68.
While the rules regarding distilling in Australia are clear, some individuals claim that they have never faced any issues with the authorities, even when owning and using distillation equipment. However, distilling spirits without the required licence can result in fines of up to $85,000 or potential imprisonment for up to two years.
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You must pay tax on alcohol you distill for drinking
In Australia, it is illegal to use a still to make spirits without an 'excise manufacturing licence', regardless of whether the alcohol is for sale or personal use. The licence is issued by the Australian Tax Office (ATO) and is free. However, you must pay tax on the alcohol you distill for drinking, even if it is for personal consumption in your own home. This tax is built into every bottle of spirits purchased, and the rate increases every six months. As of 1 February 2021, the rate was $87.68.
The ATO does not grant licences to distil spirits for personal consumption; there needs to be a commercial purpose involved. If you are a business, the ATO will generally have no issues granting a licence as long as you can meet their criteria. This includes considering the security of your premises and ensuring the right amount of excise duty is paid when required.
If you buy a still with a capacity of 5 litres or less, you don't need permission from the ATO to purchase or own it, as long as you are not using it to distil alcohol. For stills over 5 litres, you will need permission from the ATO to manufacture, buy, sell, import, possess, or set up the still in your home or a commercial premise.
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Home-brew stores in Western Australia sell stills without issue
In Western Australia, it is illegal to distill alcohol without an excise manufacturing license from the Australian Tax Office (ATO). This license is free, but individuals must pay tax on the alcohol they distill for drinking, even for personal consumption.
Home-brew stores in Western Australia, such as Malthouse Home Brew Shop and Brewmart, sell stills and spirit essences without issue. This is because stills with a capacity of 5L or under do not require permission from the ATO to be bought or sold. Stores also sell boilers and condensers that can be attached to each other to make a still with a larger capacity.
While it is legal to own a still, using one to produce alcohol for drinking without an ATO license is illegal and can result in fines of up to $85,000 or up to two years in prison. It is important to note that the tax on distilled spirits is based on every bottle purchased, and the excise rate increases every six months. As of February 1, 2021, the rate was $87.68.
Individuals can claim a refund of 60% of the excise duty paid on distilled spirits, with a maximum refund of $30,000 per financial year. The claim must be made within 12 months of paying the excise duty.
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It is illegal to construct a still over 5L without a permit
In Australia, it is illegal to construct a still with a capacity of more than 5 litres without obtaining a permit from the Australian Tax Office (ATO). This law applies regardless of whether the still is intended for producing drinking alcohol or for other purposes, such as making hand sanitiser, essential oils, or herbal tinctures.
The ATO issues the required permit, known as an "excise manufacturing licence", free of charge. However, obtaining this licence can be challenging. Individuals must carefully consider various factors, including the security of their premises and their ability to pay the required excise duty when it is due.
It is important to note that the excise rate for distilled spirits increases every six months. As of February 1, 2021, the rate was $87.68. Additionally, there are significant penalties for non-compliance, with fines of up to $85,000 or potential imprisonment for up to two years for distilling alcohol without the necessary licence.
While it is legal to purchase and own a still with a capacity of 5 litres or less without an ATO permit, it is still illegal to use such a still to produce alcohol for consumption. This is because, in 1901, the Australian government passed a law prohibiting home-brewed grain-based liquor with more than "two points" of ethanol. While this law was amended in the early 1970s to allow home brewing of beer and wine, distilling spirits for personal consumption remains illegal without the appropriate licence and payment of excise tax.
To ensure compliance and safety, individuals interested in distilling their own spirits should carefully review the relevant laws and regulations and consult with appropriate authorities.
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Frequently asked questions
Distilling spirits without a license is illegal in Australia. Stills of 5L or under do not require a license to purchase, but if you intend to use it to produce alcohol, you need an excise manufacturing license from the ATO and pay taxes on the alcohol produced.
Distilling alcohol without a license can result in fines of up to $85,000 or up to two years in prison.
To obtain a license for a still, individuals need to apply to the Australian Tax Office (ATO) for an excise manufacturing license. The ATO encourages applicants to consider factors such as the security of their premises and their ability to pay the required excise duty.
