Issue
Is an apparatus that separates wine into fractions via reverse osmosis a still as defined in section 6 of the Distillation Act 1901 (Distillation Act)?
Decision
No. An apparatus that separates wine into fractions via reverse osmosis is not a still as defined in section 6 of the Distillation Act.
Facts
An entity operates an apparatus that separates wine into fractions via reverse osmosis. The apparatus does not use evaporation or condensation to separate the fractions.
Reasons for Decision
A still is defined in section 6 of the Distillation Act as: Still means any apparatus for or capable of distilling spirits and any part thereof and any apparatus connected or used in connexion therewith.
Based on this definition, any apparatus capable of distilling spirits is a still.
Distillation is not defined in the Distillation Act, but for convenience in interpreting that Act, section 5 outlines the ordinary course of distillation. Subsection 5(iii) of the Distillation Act states: The wash is distilled in a still by heating to evaporation and condensing the vapour. The liquor product is spirits and the residue of the wash is spent wash...
The Macquarie Dictionary 2001 Revised Third Edition defines 'distil' as: 1. to subject to a process of vaporisation and subsequent condensation, as for purification or concentration.
Reverse osmosis does not involve a process of vaporisation and subsequent condensation. Therefore reverse osmosis is not a still as defined in section 6 of the Distillation Act.