6
volume; and
(b) distribute the liquor that it has manufactured to(i)
another manufacturer or to a distributor; and
(ii)
to a retail seller, if and to the extent permitted by the conditions of
registration.
(6) In addition to any authority granted in terms of applicable provincial
legislation, a retail seller may(a) purchase or otherwise acquire liquor other than by manufacturing it; and
(b) sell or otherwise dispose of liquor as a return of stock to a manufacturer or
distributor.
(7) A sale of liquor by a retail seller in circumstances that would constitute a
genuine retail sale if the purchaser of that liquor were an unregistered person, does not
constitute distribution for the purposes of this Act merely because the purchaser of that
liquor is a registered person.
(8) A sale of liquor by a retail seller to any person, whether re gistered or
unregistered, constitutes distribution for the purposes of this Act if the retail seller(a) knew that the purchaser intended to re-sell that liquor; or
(b) reasonably ought to have concluded that the purchaser intended to resell
that liquor, having regard to the circumstances of the sale, including but
not limited to the factors listed in section 1 (2) and(i)
whether the retail seller knew the purchaser was a registered person,
if applicable;
(ii)
the nature of any delivery instruc tions given by the purchaser;
(iii)
any request by the purchaser to establish a discounted pricing
arrangement, or a standing arrangement for ordering, billing, credit
or payment; and
(iv)
any request or instructions by the purchaser to receive liquor and
tranship that liquor to the purchaser or a third party.
(9) Nothing in this section restricts or limits any right that a manufacturer,
distributor or micro- manufacturer may have in terms o f applicable provincial legislation
to apply to be registered or licensed as a retail seller.
(10) The Minister, by notice in the Gazette, must prescribe(a) a threshold volume of liquor contemplated in subsection (5) (a); or
(b) a formula or mechanism for the calculation of a threshold volume of liquor
contemplated in subsection (5) (a).
5
Regulation of methylated spirits
(1) A person must not manufacture or distribute methylated spirits except in
accordance with this Act.
(2) The Minister may make regulations(a) declaring any substance to be methylated spirits;
(b) restricting and regulating the importation, manufacture, distribution,
conveyance, keeping or use of methylated spirits;
(c) restricting or prohibiting the purchase or possession of methylated spirits;
(d) concerning the denaturation, odorisation, colouring and rendering
impotable of methylated spirit sold or kept for sale;
(e) prescribing the categories and qualifications of persons who may sell