The law in Australia for HOME DISTILLING

Discussion and plans for legalizing our hobby.

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Copperhead road
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The law in Australia for HOME DISTILLING

Post by Copperhead road »

In Australia the illegal to make spirits for your own consumption. If caught the fine is $85,000,00 or 2 years jail.
This is crazy…..
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Bolverk
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Re: The law in Australia for HOME DISTILLING

Post by Bolverk »

Holy crap!
There are two types of people in this world.
1. Those that can extrapolate from incomplete information.
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Copperhead road
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Re: The law in Australia for HOME DISTILLING

Post by Copperhead road »

It makes you wonder is it really worth it, Seriously
In the US it’s not as bad is it?
Never mistake kindness for weakness....
GrumbleStill
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Re: The law in Australia for HOME DISTILLING

Post by GrumbleStill »

Check this out Copperhead https://www.ato.gov.au/businesses-and-o ... it-alcohol

The fact that the administering body is the Tax Office should give a good lead on the level of exposure for anyone practicing “don’t tell, don’t sell”. Having said that, ultimately the choice of what we do and expose ourselves to is our own.
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NorthWoodsAb
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Re: The law in Australia for HOME DISTILLING

Post by NorthWoodsAb »

Canadian law is similar. Tax violation. As a rule they don't give a shit about a home distiller until he/she is selling it and not paying the Tax. There is a loophole in Canadian law. You can't get a commercial license until you have a product to produce and sell. So you can do product development in the mean time. Keep good notes and records with notes on how product tastes. It could take years to develope a unique product that finds a market neich.
Don't tell, don't sell
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goinbroke2
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Re: The law in Australia for HOME DISTILLING

Post by goinbroke2 »

As northwoods said, in Canada it's pretty much, nobody cares. Here's a local marketplace ad for a still, nobody cares. Here's one in Halifax for sale;
https://www.facebook.com/marketplace/it ... l%7D%22%7D
And here's one in quebec for sale (nice set up for $2000)
https://www.facebook.com/marketplace/it ... 8c033664e3
Numerous 57L kegs, some propane, one 220v electric with stilldragon controller. Keggle for all-Grain, two pot still tops for whisky, a 3" reflux with deflag for vodka. Coming up, a 4" perf plate column. Life is short, make whisky and drag race!
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NorthWoodsAb
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Re: The law in Australia for HOME DISTILLING

Post by NorthWoodsAb »

This could be taken as a political commentary, I consider it a warning to Canadian distillars. If mods choose to delete post, do so.

I had totally forgotten about commenting on this post..
In Canadian law selling home distilled product is a punishable offense under Excise Tax violation.

I'm a heavy duty mechanic by trade. I hold a Government licence/permit to inspect commercial vehicles for safe operation on hiways since 1995. I have to pay a fee to maintain this permit every 5 years. This included a criminal record check.
On my most recent renewal there was a new addition to the rules. "Any conviction to Excise Tax laws" would exclude eligibility for inspection license.
On the surface it looks pretty strait forward. If i run commercial inspections, off the books, and get caught , no excise tax paid, I can loose my license.
However if I sold 1 L of HD liquor and got caught. Excise Tax violation. I could loose not only my right to do vehicle inspections but also have my trade ticket revoked. Loss of income completely, without learning a new way of earning a living.
Without getting political I know exactly where this clause came from and I agree with it.
But my hobby could jeprodise my career.
Am I worried?
I have never sold a dram.
Accusations could shift the balance of reality.
Never mind "innocent until proven guilty" , here if charged
you have to prove you are "Not guilty".
Don't sell, don't tell.
NWA
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Wraith71
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Re: The law in Australia for HOME DISTILLING

Post by Wraith71 »

HI All ....
Hey $85,000 ????? what source did you find that in ?? I was looking this up awhile ago and came up with a $7000 fine for owning a still and
a $100 fine for every LTR of untaxed %40 alcohol .. Either way I'd hate to be on the receiving end .. considering at any given time how many stills and how much alcohol i have laying around .
Maybe that $85,000 is for selling ?
You got 2 ears & 1 mouth .. go with that ratio.
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Yonder
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Re: The law in Australia for HOME DISTILLING

Post by Yonder »

Its all about the tax money. Way back when this was a new country, our government needed to pay off war debt, so they taxed liquor. When the farmers in Pennsylvania refused to pay, George Washington sent the Army after ‘em. No matter how foolish the licensing laws have become or how much it costs to pay for a law enforcement bureaucracy to enforce the law, the government won’t give up their tax dollars.
Double, Double, toil and trouble. Fire Burn and pot still bubble.
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PalCabral
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Re: The law in Australia for HOME DISTILLING

Post by PalCabral »

In Sweden it’s illegal to distill, to have components of a still and to store illegally made spirits. The punishment is fines and confiscation of still and spirits.

There are other laws with more significant punishments to illegally sell alcohol. These are not connected to home making of spirits.
Ongoing projects: Green Diamond Wheated Bourbon v5; and time for summer cleaning of the distillery.
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subbrew
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Re: The law in Australia for HOME DISTILLING

Post by subbrew »

The US is working very hard to make sure no one respects the law anymore

1. Politicians and the rich get caught breaking the law all the time with no consequences.
2. States pass laws in direct conflict with federal laws. I am specifically thinking of legalizing the growing and use of weed while it is still illegal at the federal level
3. The over regulation with so many laws you can't get through your day without breaking a few.

You get to the point that you just don't care anymore. If the gov wants to harass or jail you they will find a way, so what is an extra charge for making a drop?
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BigSwede
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Re: The law in Australia for HOME DISTILLING

Post by BigSwede »

What I've found baffling in the USA is that you can make a potent 15% ABV wine all day long for personal use, but distill one drop, even by freezing, you are a criminal.

It's not like it's difficult to get stupid drunk and cause mayhem on a 15% ABV beverage. In the end, it's all about tax $$.
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PalCabral
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Re: The law in Australia for HOME DISTILLING

Post by PalCabral »

BigSwede wrote: Thu Jun 04, 2026 6:54 am What I've found baffling in the USA is that you can make a potent 15% ABV wine all day long for personal use, but distill one drop, even by freezing, you are a criminal.

It's not like it's difficult to get stupid drunk and cause mayhem on a 15% ABV beverage. In the end, it's all about tax $$.
It's crazy but remember where crazy comes from. It was only in the late 60'ies or early 70'ies homebrewing was made legal.
Ongoing projects: Green Diamond Wheated Bourbon v5; and time for summer cleaning of the distillery.
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thecroweater
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Re: The law in Australia for HOME DISTILLING

Post by thecroweater »

Yeah look , distillation in Oz is covered by 2 different pieces of legislation, its been covered in some older threads here in depth in the past. From memory one law is the alcohol and something? act 1901 , amended a few times but somewhat vague probably unlikely to be used in a prosecution. The scary stuff is Taxation legislation which is not likely to affect anyone producing a small amount for personal consumption, I've never heard of a single conviction for personal use. They can and surely will come after anyone they believe are selling as they consider that as tax fraud not only subject to the above mentioned penalties but the estimated tax owing.
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