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Malter White

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On 9/21/2018 at 9:51 AM, PB2 said:

Any beverage less than 1.15% ABV is considered non-alcoholic in Australia.

That was the law before home brewing as we know it became legal in the early 1970's.   I have never been able to find the actual law that changed it.  I think Lionel Murphy (the Attorney General) changed it by regulation rather than legislation.   From memory it came with a rejigging of the Excise Tariff Act.  This occurred in early 1973 during the period known as Whitlam's 'kitchen cabinet' which changed a massive amount of regulation as soon as the first Whitlam Ministry was empaneled.   I did spy what was supposed to be the pertinent paragraph once (or so I was told) and it was an obscure sort of legalese that just sort of made an exemption for brewing for non commercial purposes to a volume not greater than 22 litres a week. 

Hombrewing.  1973.  It was Time. 

 

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On 11/21/2018 at 7:23 PM, James of Bayswater said:

That was the law before home brewing as we know it became legal in the early 1970's.

No.  Today, any beverage less than 1.15% ABV is considered non-alcoholic in Australia.  

The Whitlam government passed legislation allowing alcoholic beer (ie above 1.15% ABV) to be made at home.

A link to the ATO's take on it

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No, my statement was factually correct.

You said  "Any beverage less than 1.15% ABV is considered non-alcoholic in Australia."

I did not disagree with that statement.  I said - "That was the law before home brewing as we know it became legal in the early 1970's. "   I did not say it was no longer the law.  
Rather I pointed out what had changed that provides for legal home brewing in Australia. 

It was under the law, defined by Excise Act of 1901, that ALL beverages with an alcoholic content of 1.15% were excisable. The production of any excisable beverage required a licence.  Therefore home brewing was illegal if it produced beverage at more than 1.15% Alc/Vol.     Any beverage under 1.15% Alc/Vol was considered non-alcoholic and not excisable and no licence was required.

That was the case in 1901, in 1921, in 1973 and it remains the case today except that provision is made in the Excise Act of 1901 that the Governor General can accept the advice of Cabinet to change by regulation the application of any provision of the Act that may be deemed necessay or convenient to give effect to the Act.  It was under this provision that Lionel Murphy exempt home brewed beverages over 1.15% Alc/Vol from excise - and therefore from the need for a licence - and therefore illegalty - if they were not produced for commercial purposes. 

I would refer anyone interested to the Canberra Times of 21 February 1973 pg.1

http://nla.gov.au/nla.news-article110699034

homebrew.jpg

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