Distilling Legal Information

Last Updated: 31 August 2026]

At H&S Home Brew Supplies, we sell distilling equipment, essences, and supplies for a variety of legal purposes. However, it’s essential that all customers understand the legal requirements surrounding distillation in Australia.

1. Without Any Licence or Permission, You May:

  • Own and operate a still with a capacity of 5 litres or less for distilling water, extracting essential oils, or creating herbal tinctures (non-alcoholic)
  • Purchase distilling equipment and essences
  • Brew beer, wine, cider, and mead for personal consumption

2. Stills Over 5 Litres for Non-Alcohol Use

If you want to own or operate a still with a capacity greater than 5 litres, but only for water distillation or essential oils (not alcohol), you must first obtain permission from the ATO to register the still. This is a separate, simpler process from the excise manufacturer licence described below, and applies regardless of what the still will actually be used for.

3. What Requires an Excise Manufacturer Licence

The following activities require an excise manufacturer licence from the Australian Taxation Office (ATO), regardless of still size:

  • Distilling any alcohol intended for consumption
  • Distilling alcohol even for personal use in your own home

Important: the ATO does not grant excise manufacturer licences for personal consumption. Licences are only issued for commercial operations, where production can be monitored and appropriate excise duty collected. In practice, this means there is currently no legal pathway to distil alcohol at home purely for personal use.

4. With an ATO Excise Manufacturer Licence, You May:

  • Distil spirits for commercial purposes
  • Own and operate stills of any capacity
  • Produce spirits for sale (with appropriate state licensing)

5. Penalties for Unlicensed Distilling

Distilling alcohol without an appropriate licence is an offence under the Excise Act 1901. Penalties may include fines of up to 5 times the amount of duty that would have been payable, and other penalties as set out under the Act.

We do not encourage or condone the unlicensed distillation of alcohol. This page is provided as general information only and is not legal advice — for guidance specific to your situation, contact the ATO directly at ato.gov.au.

6. Contact Us

H&S Brew Supplies
Email: admin@hshomebrew.com.au
Nerang Brewing: 07 5527 2588 | Shop 8/41 Price Street, Nerang, QLD 4211
Oxenford Brewing: 07 5502 7700 | Shop 11, Oxenford Square Shopping Centre, 100–106 Old Pacific Highway, Oxenford, QLD 4210