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australian distilling laws

Posted: Mon Feb 24, 2014 1:44 am
by dutchy88
Gday all,
So after researching can someone confirm my theory on what I obtained as far as distilling spirits in Australia particually NSW if your still is a 5 L capacity or less its legal anything over that its illegal unless your registered with the correct authorities.

Appreciate the help

Re: australian distilling laws

Posted: Mon Feb 24, 2014 2:08 am
by googe
From what I've read about, it's legal for any size if producing alcohol without a license. http://www.ato.gov.au/Business/Excise/I ... equipment-(stills" onclick="window.open(this.href);return false;" rel="nofollow)/

Re: australian distilling laws

Posted: Mon Feb 24, 2014 2:17 am
by dutchy88
Do you meqn illegal not legal?

Re: australian distilling laws

Posted: Mon Feb 24, 2014 2:22 am
by googe
Opps!, it's illegal by the look of that link.

Re: australian distilling laws

Posted: Mon Feb 24, 2014 2:57 am
by Brendan
In Australia, it is legal to own a still with a boiler with a volume of 5L or less for the purpose of extracting essential oils or distilling water.

The distillation of alcohol is completely illegal :thumbdown:

Re: australian distilling laws

Posted: Mon Apr 21, 2014 5:56 pm
by Jacksonbrown
What do we do if we want things changed?
Is there an organisation or committee working on this, or any kind of group of like minded Aussies?

What can we take from other country's that have achieved something positive?

I haven't looked into this at all but if the ball isn't rolling we should get it started.

Re: australian distilling laws

Posted: Tue Apr 22, 2014 5:15 am
by badbird
Generally it takes commercial interests with deep pockets to pay lobbyists.
I'm not sure that right now is the time to push too hard with all the bad publicity from alcohol related violence at the Cross etc. etc.

Re: australian distilling laws

Posted: Tue Apr 22, 2014 1:55 pm
by Jacksonbrown
If we wanted to get commercial interests to bare some of the load we could involve equipment and consumable suppliers as it would be in their interests. Still Spirits etc

Don't underestimate what a relatively small group if individuals can do when they get organised. I've seen other orgs achieve great things against seemingly overwhelming odds.

Regardless of your personal politics most can see that a union works for its members.


Now may not be the right time lobby but is there at least some sort of collective in Au??

Re: australian distilling laws

Posted: Tue Apr 22, 2014 5:08 pm
by googe
Do some.googling jb, be interesting to I line, I might have a look around later. I've found it's very hush hush in aus, we don't have the heritage like other countries either. I wanted to try distilling when I was in my early 20's but I couldn't find much info about it (no internet back then) and everyone kept saying, oh it's very hard and not many people do it, only bad people lol. When you look at the Aussie forums there's quite a few doing it than I'd ever realise if I didn't have access to them.

Re: australian distilling laws

Posted: Fri Jul 28, 2017 7:10 pm
by Rothematosis
Thought I'd bring back an old post.

Do we still have no active organisations or groups working for the legalisation or decriminalisation of home distilling in Australia?

Another question I've been considering.. It is illegal to distill ethanol regardless of its use, but as someone who works in the automotive industry, if the intended use is for fuel, would the punishments be less severe?

Re: australian distilling laws

Posted: Fri Jul 28, 2017 7:38 pm
by thecroweater
More, evasion of fuel excise, you don't want the ATO on your case. Those bastards will hunt you down over a dollarif they got wind of it.

Re: australian distilling laws

Posted: Fri Jul 28, 2017 8:14 pm
by Yummyrum
Yup . It's even illegal to make your own Bio diesel unless you pay the excise tax due on it .

Re: australian distilling laws

Posted: Sun Apr 12, 2020 5:31 pm
by Bob Mitchum
Home Distilling in Australia is illegal 100%, no if's, buts or otherwise.
(you can be in possession of a still, same as with a bong, but use it and it's illegal)

Re: australian distilling laws

Posted: Sun Apr 12, 2020 6:16 pm
by Saltbush Bill
Distilling any form of alcohol in any state of Australia is illegal without a licence and paying duty to the ATO.
You may own a still of under 5L capacity as long as it is used for a purpose other that Distill ing alcohol.
It is illegal to own any still over that size without a licence.
Have a look at the ATO web page....all rules and requirements ar clearly set out.

Re: australian distilling laws

Posted: Wed Apr 29, 2020 12:53 am
by Gcarlo
Hi all, I am a little confused, it is legal to distill alcohol in Victoria for personal use only, I like to drink some grappa, some vodka after dinner and some sambuca in my coffee but I like to drink my own. For me is just a hobby but I don't know what the law think about that.

Re: australian distilling laws

Posted: Wed Apr 29, 2020 1:28 am
by Yummyrum
Gcarlo , it is illegal and is exactly as Salty mentioned above . Even the homebrew shops have a sign on the wall clearly stating this .They are quite happy to sell you a still with a 5liter boiler for distilling water or essential oils . What you do with it is your choice but you been warned .

Re: australian distilling laws

Posted: Wed Apr 29, 2020 1:31 am
by Saltbush Bill
Gcarlo wrote: Wed Apr 29, 2020 12:53 am I am a little confused, it is legal to distill alcohol in Victoria for personal use only,
Yes you are confused Gcarlo, it is illegal in all states of Australia to distill anything without the appropriate licenses.
Its also Illegal to own a distilling apparatus with a boiler that has a capacity of more than 5 litres without the appropriate permits and licences.
The following link will provide you with further information https://www.ato.gov.au/Business/Excise- ... tillation/
Edit: posted at the same time as Yummy

Re: australian distilling laws

Posted: Wed Apr 29, 2020 4:15 pm
by thecroweater
Correct, this is why quite often the boiler was sold separate to the still. The states do vary in their wording concerning distillation and some states legislation is more vague than others. The ATO (federal legislation) deals with tax evasion and that is not vague, that is all spirits produced for consumption requires excise be paid. If you sell spirits without a licence and or paying the excise the penalties are clearly laid out. All that said the main aim here is to suppress the sale of illegal untaxed alcohol and the likelihood of them wasting resources to chase down some muppet making a drink for himself is close to zero and even less of the state doing it. Just about every case of a homebrewer you hear about something else was going on and the still is extra charge or someone has reported someone pretty much forcing the police to act, otherwise it is guys selling that are getting busted.