Document ID: chunk:federal_register_of_legislation:C2006A00074:clause:1_77fk
Version: federal_register_of_legislation:C2006A00074
Segment Type: clause
Provision Reference: sch 1 cl 77FK
Character Range: 25653–26796

77FK  Offence in relation to stills

 (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.