In this Act, a reference to the description and presentation with which wine is sold, exported or imported is a reference to all names (including business names) or other descriptions, references (including addresses), indications, signs, designs and trade marks used to distinguish the wine and appearing: (a) on the container (including on the device used to seal the container or on a label affixed to the container), on any tag attached to the container or, if the container is a bottle, on the sheathing covering the neck of the bottle; or, (b) on protective wrappings (such as papers and straw envelopes of all kinds), cartons and cases used in the packaging of the wine or the transport of the wine; or, (c) in documents relating to the transport of the wine or in other commercial documents (for example, invoices or delivery notes) relating to the sale or transport of the wine; or. (b) the objection is received within the period stated in the notice under section 40RA; the Registrar of Trade Marks must in writing notify the Committee of the receipt and terms of the objection. (ii) has the agreement of the owner of the property to that person making a submission to the Committee under section 40ZAL. (d) state the purpose for which the warrant is issued. If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. (1) This Division deals with determining the omission from the Register of geographical indications (Australian GIs) determined under Division 4. (e) state the purpose for which the warrant is issued. Explore our comprehensive listing of about 1000 wineries and wine labels from Australia, including those from First Families of Wines as well as boutique wineries. Although the likelihood of being arrested for breaking any of these strange Australian Laws is unlikely! (1A) Subsection (1) does not apply if the regulations so provide. (e) it is not in accordance with any provisions relating to the description and presentation of wine as are prescribed for the purposes of this paragraph. (c) the dissemination of information, or the provision of advice or assistance, to persons or organisations engaged in any aspect of: (i) the grape industry or the wine industry; or. (7) If only 2 members are present at a meeting of the Committee and those members are unable to agree on a question, the question is to be deferred until a meeting at which 3 members are present. (10) If one or more members are prescribed by the regulations for the purposes of paragraph 2(1)(d): (a) the number of members that constitutes a quorum at a meeting of the Committee is the number (being a number greater than 2) prescribed by the regulations for the purposes of this paragraph; and. Particulars that must be included in Part 4 of the Register. (d) any other document that is relevant to monitoring or enforcing compliance with a label law. (3) Subsection (2) does not apply if the answer to the question, or the producing of the document, would tend to incriminate the person. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Determination of foreign geographical indications and translations 136, 40ZAR.. Appeals against decisions of Registrar of Trade Marks.................. 137, 40ZAS.. blend means wine manufactured by blending wines of different vintages, varieties or geographical indications. 39ZI...... Search warrants by telephone and other electronic means................. 39ZIA... Offences relating to warrants by telephone and other electronic means. (2D) Any failure to comply with subsection (2C) in relation to a determination does not affect the validity of the determination. Meetings......................................................................................... 161, 11.......... Staff and consultants....................................................................... 162, 12.......... Information for inclusion in Authority’s annual report................... 162, Endnote 1—About the endnotes 163, Endnote 2—Abbreviation key 165, Endnote 3—Legislation history 166, Endnote 4—Amendment history 173, An Act to establish Wine Australia, and for related purposes. (3) The Authority Selection Committee may nominate a person for appointment even though: (a) the Minister has previously rejected a nomination of that person; or. means the industry in Australia concerned with the production of grapes for processing, other than processing by drying. (d) may sue and be sued in its corporate name. relevant agency means an Agency (within the meaning of the Public Service Act 1999) with responsibilities relating to the levy or charge. (c) invite those objections to be made within the period of not less than one month stated in the notice. (1A) The replacement practices, processes or requirements under this subsection are: (a) subject to paragraph (b), the oenological practices or processes, or compositional requirements, set out in a prescribed wine‑trading agreement as in force or existing from time to time; or. (1) The Chair of the Authority may appoint a person who is not a member of the Committee to be the alternate of a particular nominated member. (5) Except with the leave of the Federal Court, an appeal does not lie to the Full Court of the Federal Court against a decision of a single judge of the Federal Court in the exercise of its jurisdiction to hear and determine appeals from decisions of the Registrar of Trade Marks. (7) A member of the Authority Selection Committee who is a grape grower or a winemaker is taken not to have an interest (pecuniary or otherwise) in a matter being considered or about to be considered by the Authority Selection Committee by reason only of being a grape grower or a winemaker. (b) presume that the document was duly sealed. 36 Commonwealth to be paid levy expenses etc. (3) The Authority shall cause a record to be kept of the proceedings of an annual general meeting of the grape industry and the wine industry. Order online today for Australia wide delivery. (a) the description and presentation of wine includes a business name; and, (b) the business name contains or consists of a registered traditional expression; and. Wine originating in non‑agreement country. (1) This Division deals with the determining of geographical indications (GIs) in relation to a region or locality in Australia. (9) Before preparing or varying a corporate plan under this section, the Authority must consult each representative organisation. (2) The Chair of the Authority may convene a meeting at any time. The procedures may include the charging of fees, the holding of hearings and the taking of evidence. World Trade Organization means the body of that name established by the WTO Agreement, done at Marrakesh on 15 April 1994. (c) grape juice, whether single‑strength or concentrated. small quantities, in relation to wines, means quantities declared by the regulations to be small quantities of wines for the purposes of this section. (d) that report shall include particulars of the impact of that direction on the operations of the Authority. (1) The Presiding Member of the Authority Selection Committee may, on behalf of the Authority Selection Committee, engage persons to perform administrative and clerical services in connection with the performance of its functions. 8 ([1995] ATS 8). 39ZC Monitoring powers of inspectors—exercised with consent. The Chair of the Authority may appoint a person to act as the Presiding Member: (a) during a vacancy in the office of Presiding Member (whether or not an appointment has previously been made to the office); or. (9) The minutes must record each decision made by the Committee and the reasons for the decision. 40ZAR Appeals against decisions of Registrar of Trade Marks. 27C Functions of the Authority Selection Committee. This is a compilation of the Wine Australia Act 2013 that shows the text of the law as amended and in force on 7 November 2017 (the compilation date). Its aim is both to indicate the wine's origin and protect a region's name. (7) For the purposes of this section as it so applies in relation to the Geographical Indications Committee: (a) references (other than the reference in paragraph (5)(c)) to the Authority are taken to be references to that Committee; and. (2) A person is not eligible for appointment as a director of the Authority unless the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields: (e) business management and administration; (f) government policy processes and public administration; (h) administration of research and development; (3) A person is not eligible for appointment as a director of the Authority if the person is a member of the executive of a representative organisation. The Australian wine industry is subject to a number of Commonwealth laws, from taxation to export regulation. They must close at 11 pm at the latest. Division 2—Records relating to label claims. (1) The Authority must make staff available to provide administrative assistance for the Committee. ‘(1AB) Despite subsection (8), an application under subsection (7) in respect of a final determination under Part VIB of the Wine Australia Act 2013 must be made before the time fixed by subsection (1A) ends.’. Division 2—Constitution and membership of the Authority, (a) is a body corporate with perpetual succession; and, (c) may acquire, hold and dispose of real and personal property; and. (1) An inspector may enter wine premises if: (a) the inspector has reasonable grounds for suspecting that there is on the premises a particular thing that may afford evidence of the commission of a label offence; and, (b) the inspector has produced his or her identity card for inspection by the occupier of the premises; and. These are used by pubs, hotels and taverns. (2) An interim determination does not have effect as a determination of a geographical indication. general component, in relation to wine grapes levy, means the part of the levy mentioned in paragraph 7(1)(a) of Schedule 26 to the Primary Industries (Excise) Levies Act 1999. geographical indication, in relation to wine goods, means an indication that identifies the goods as originating in a country, or in a region or locality in that country, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin. (b) if members who are present at a meeting of the Committee are unable to agree on a question, the process that is to apply is the process prescribed by the regulations for the purposes of this paragraph. 41A Remuneration and allowances of members of Geographical Indications Committee etc. (1) The Minister may terminate the appointment of a director of the Authority if the director is unable to perform the duties of his or her office because of physical or mental incapacity. (b) authorise the inspector, with such assistance and by such force as is necessary and reasonable: (iii) to seize the thing that might afford evidence; and, (c) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and, (d) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and. (2) For the purposes of this Act, a reference to a country includes a reference to a member of the World Trade Organization. 1) 2007, Sch 4 (items 87, 88): 4 July 2008 (s 2(1) item 64), Statute Stocktake (Regulatory and Other Laws) Act 2009, Australian Wine and Brandy Corporation Amendment Act 2010, Sch 1 (items 1–69, 77–80) and Sch 2: 1 Sept 2010 (s 2(1) item 2, 3) Sch 3 (items 1–17, 19–21): 3 Aug 2010 (s 2(1) item 4) Sch 3 (item 18): 1 Sept 2010 (s 2(1) item 5), Sch 1 (items 77–80), Sch 2 (items 36, 37) and Sch 3 (items 19–21), Financial Framework Legislation Amendment Act 2010, Sch 4 (items 1–11): 18 Dec 2010 (s 2(1) item 4), Sch 7 (item 148): 19 Apr 2011 (s 2(1) item 19), Sch 2 (items 1191–1198) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 11, 12), Financial Framework Legislation Amendment Act (No. (1) A national food standard that applies to wine has effect, in relation to wine that originates in any foreign country, as if any requirement in the standard to comply with particular oenological practices or processes, or compositional requirements, in relation to wine were replaced by a requirement to comply with the replacement practices, processes or requirements under either subsection (1A) or (1B). means wine manufactured by blending wines of different vintages, varieties or geographical indications. (ii) the production, processing, storage, transport or marketing of goods that are the produce, or that are derived from the produce, of the grape industry or the wine industry; for the purpose of encouraging those persons or organisations to adopt technical developments designed or adapted to improve: (iii) that aspect of the grape industry or the wine industry; or, (iv) that production, processing, storage, transport or marketing; or, (d) the publication of reports, periodicals, books or papers containing information that is related to grape or wine research and development; or. exp = expires/expired or ceases/ceased to have, (md) = misdescribed amendment can be given, Application, saving and transitional provisions, Australian Wine and Brandy Corporation Act 1980, s 1, 2 and 13(4): 10 Dec 1980 Remainder: 1 July 1981 (gaz 1981, No S123), Export Control (Miscellaneous Amendments) Act 1982, 1 Jan 1983 (s 2 and gaz 1982, No G48, p 2), Statute Law (Miscellaneous Provisions) Act (No. (1) If the determination made by the Committee under section 40ZAN is a determination to omit the Australian GI from the Register, the Presiding Member must give a copy of the determination to the Registrar so that particulars of the determination can be omitted from the Register as soon as is practicable. It is an offence in Western Australia for persons of any age to drink in public, such as on the street, park, beach, or as a passenger in a hired vehicle without first having obtained a permit from the appropriate local government authority. (2) Without limiting the generality of subsection (1), the Authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities. (b) be in a form approved by the Authority. Circumstances in which description and presentation is not false—inclusion of registered traditional expressions, 40E........ Sale, export or import of wine with a misleading description and presentation. 10 Power to enter into arrangements etc. (1) The Authority may give a written notice to a person requiring the person, within a specified period and in a specified manner, to do either or both of the following: (a) if the person’s name and address appears on a wine label as the supplier (within the meaning of the Australia New Zealand Food Standards Code (as defined by the Food Standards Australia New Zealand Act 1991)) of the wine—provide specified information in relation to records that this Division requires to be kept; (b) if the Authority has reason to believe that the person holds or controls a record that this Division requires to be kept—produce the record to the Authority. packaged liquor licence, which permit the sale of liquor to customers to take away from retail liquor stores and supermarkets. Authority to convene annual general meeting, Note 2: The Authority is not required to give a corporate plan under section 35 of the, (11) For the purposes of this section, each of the following is a, Authority to develop annual operational plans, Directions to Authority and Geographical Indications Committee, (1) Except as provided by this section and the, (a) the Minister shall cause a notice in writing setting out particulars of the direction to be published in the, (ab) so much of the amounts (if any) received by the Commonwealth under section 15 of the, (ad) so much of the amounts (if any) received by the Commonwealth under section 15 of the, (af) so much of the amounts (if any) received by the Commonwealth under section 15 of the, (ah) so much of the amounts (if any) received by the Commonwealth under section 15 of the, Limit on Commonwealth’s matching payments, (b) the amounts paid to the Grape and Wine Research and Development Corporation before the commencement of this section under paragraph 30(1)(b) of the, (d) the sum of the amounts paid to the Grape and Wine Research and Development Corporation before the commencement of this section under subparagraphs 30(1)(a)(i) and (ii) of the, (2) An expression used in paragraph (1)(d) of this section has the same meaning as it had in the, Retention limit for Commonwealth’s matching payments, Payments by the Authority to Commonwealth, (a) a refund is made by the Commonwealth under section 18 of the, (2) Subsections (1) and (1A) do not prevent investment, under section 59 of the. Self‑Government (Consequential Provisions) Regulations) Act 2017, Sch 1 (item 5): 22 Mar 2017 (s 2(1) item 2), Australian Grape and Wine Authority Amendment (Wine Australia) Act 2017, Sch 1 (items 1–19, 30–39): 7 Nov 2017(s 2(1) item 1). principal employee means the person holding the position of principal employee (however described) of the Authority. Note: For rules that apply to acting appointments, see section 33A of the, Disclosure of interests by Committee members, Information for inclusion in Authority’s annual report, As soon as practicable after the end of each financial year, the Committee must give to the Authority any information relating to the Committee’s operations during that year that the Authority reasonably requires for the purpose of preparing a report under section 46 of the, s 1, 2, 3(1), 5, 14, 19 and 30: 24 June 1986, Sch 5 (items 1–17): 1 July 1999 (s 2(1)), Sch 1 (items 1–69, 77–80) and Sch 2: 1 Sept 2010 (s 2(1) item 2, 3), Sch 1 (items 1–13): 14 Dec 2013 (s 2(1) item 2), Sch 11 (items 1–12): 14 Dec 2013 (s 2(1) item 7), Australian Grape and Wine Authority Amendment (Wine Australia) Act 2017 - C2017A00122, 5B Declared wine grape growers organisation, 5C Meaning of description and presentation, 5D Where wine or grape extract originates, 5E Vacancy in the office of a director of the Authority, 10A Agreements for carrying out grape or wine research and development activities by other persons, 10B Agreements for carrying out grape or wine research and development activities with other persons, 10C Grants relating to grape or wine research and development activities, 10D Consultations with persons and organisations, 11A Authority does not have privileges and immunities of the Crown, 14 Appointment of directors of the Authority, 15 Period of appointment for directors of the Authority, Division 4—Decision-making by the Authority, 27C Functions of the Authority Selection Committee, 27D Powers of the Authority Selection Committee, 27F Selection of persons by the Authority Selection Committee, 27J Membership of the Authority Selection Committee, 27K Appointment of members of the Authority Selection Committee, 27L Period of appointment for members of the Authority Selection Committee, 27M Acting Presiding Member of the Authority Selection Committee, 27P Disclosure of interests to the Minister, 27Q Disclosure of interests to the Authority Selection Committee, Division 5—Decision-making by the Authority Selection Committee, 29W Authority to convene annual general meeting, 31F Authority to develop annual operational plans, 31K Directions to Authority and Geographical Indications Committee, 32A Limit on Commonwealth’s matching payments, 32B Retention limit for Commonwealth’s matching payments, 33 Payments by the Authority to Commonwealth. , in relation to wine or grape extract, means the variety of the grapes from which the wine or grape extract was obtained.
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