Australian Grape and Wine Authority Regulations 1981 (consolidated as of July 1, 2014), Australia

Prepared by the Office of Parliamentary Counsel, Canberra

Australian Grape and Wine Authority

Regulations 1981

Statutory Rules No. 156, 1981 as amended

made under the

Australian Grape and Wine Authority Act 2013

Compilation start date: 1 July 2014

Includes amendments up to: SLI No. 70, 2014

Federal Register of Legislative Instruments F2014C00910

About this compilation

This compilation

This is a compilation of the Australian Grape and Wine Authority Regulations

1981 as in force on 1 July 2014. It includes any commenced amendment

affecting the compilation to that date.

This compilation was prepared on 1 July 2014.

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the

compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment is affected by an application,

saving or transitional provision that is not included in this compilation, details

are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force,

details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have

effect in accordance with a provision of the law, details are included in the

endnotes.

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Australian Grape and Wine Authority Regulations 1981 i

Contents

Part 1—Preliminary 1 1 Name of Regulations .........................................................................1

2 Repeal of the Wine Overseas Marketing (Licences)

Regulations........................................................................................1

3 Interpretation .....................................................................................1

4 Grape products ..................................................................................2

Part 2—General export controls 3 5 Grant of licences................................................................................3

6 Conditions of export—general ..........................................................3

6A Conditions of export—food standards ...............................................5

6B Conditions of export—labelling of grape products other than

wine, brandy or grape spirit ...............................................................6

7 Export certificates..............................................................................7

8 Powers of Authority ..........................................................................8

9 Suspension and cancellation of licences ............................................8

10 Application for review of decision ....................................................9

11 Authority may require information....................................................9

Part 2A—Label Integrity Program 11 11A Prescribed geographical indication..................................................11

Part 3—Exemption of wines from offence provisions 12 12 Small quantities of wine ..................................................................12

13 Geographical indications and traditional expressions......................13

14 Vine varieties: Hermitage ................................................................13

15 Vine varieties: Lambrusco...............................................................14

16 Variety names that are also geographical indications ......................14

17 Marketing periods for use of geographical indications,

registered traditional expressions and registered additional

terms................................................................................................14

17A Use of trade mark in description of wine.........................................15

Part 4—Description and presentation of wine 17 18 Interpretation ...................................................................................17

19 Wine originating in more than one country .....................................17

20 Grape varieties.................................................................................17

21 Use of registered geographical indications ......................................18

22 Vintages...........................................................................................20

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ii Australian Grape and Wine Authority Regulations 1981

Part 4A—Applications for determination of Australian GIs 22 22A Payment of application fee ..............................................................22

Part 5—Criteria for determining Australian GIs 23 23 Determining geographical indications .............................................23

24 Interpretation ...................................................................................23

25 Criteria for determining geographical indications ...........................24

Part 6—Objection to determination of Australian GI based on

pre-existing trade mark rights 26

Division 1—General 26

28 Definition for Part 6.........................................................................26

28A Modifications of Division 4 of Part VIB of the Act.........................26

29 Parties to send copies of evidence to each other ..............................26

30 Costs................................................................................................26

31 How fees are to be paid (Act s 40RC and s 40RE) ..........................26

Division 2—Consideration of objections 27

33 Application of Division 2 (Act s 40RC) ..........................................27

34 Definition for Division 2 .................................................................27

36 Evidence ..........................................................................................27

37 Evidence in answer..........................................................................27

38 Request for hearing..........................................................................28

39 New evidence ..................................................................................28

40 Decision by Registrar ......................................................................28

41 No decision if trade mark subject to removal or cancellation

proceedings......................................................................................29

42 Withdrawal of objection ..................................................................29

43 Fees .................................................................................................29

Division 3—Application for decision that ground of objection no

longer exists 31

44 Application of Division 3 (Act s 40RE) ..........................................31

45 Definition for Division 3 .................................................................31

46 Notice of application .......................................................................31

47 Evidence ..........................................................................................32

49 Evidence in answer..........................................................................32

50 Request for hearing..........................................................................32

51 New evidence ..................................................................................32

52 Decision by Registrar ......................................................................33

53 Withdrawal of application ...............................................................33

54 Notice of decision............................................................................34

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Australian Grape and Wine Authority Regulations 1981 iii

55 Fees for claim that ground of objection no longer exists (Act

s 40RE)............................................................................................34

Part 6A—Determination of foreign GIs and translations of

foreign GIs 36

Division 1—Applications for determinations 36

56 Applications for determinations ......................................................36

Division 2—Objections based on pre-existing trade mark rights 37

57 Notice to be given of proposed foreign GI or translation of

foreign GI ........................................................................................37

58 Grounds of objection to determination of foreign GI or

translation of foreign GI ..................................................................37

Division 3—Consideration of objections 41

59 Application of Division 3 ................................................................41

60 Definition for Division 3 .................................................................41

61 Notice of objection ..........................................................................41

62 Evidence ..........................................................................................41

63 Evidence in answer..........................................................................42

64 Request for hearing..........................................................................42

65 New evidence ..................................................................................42

66 Parties to send copies of evidence to each other ..............................43

67 Decision by Registrar of Trade Marks.............................................43

68 Recommendation by Registrar of Trade Marks to determine

foreign GI or translation of foreign GI despite objection

being made out ................................................................................44

69 Notice of decision............................................................................44

70 Fees for Division 3 proceedings ......................................................45

71 Costs................................................................................................46

Division 4—Decision that ground of objection no longer exists 47

72 Definition for Division 4 .................................................................47

73 Application for decision ..................................................................47

74 Notice of application .......................................................................47

75 Evidence ..........................................................................................47

76 Evidence in answer..........................................................................48

77 Request for hearing..........................................................................48

78 New evidence ..................................................................................48

79 Parties to send copies of evidence to each other ..............................49

80 Decision by Registrar of Trade Marks.............................................49

81 Withdrawal of application ...............................................................50

82 Notice of decision............................................................................50

83 Fees for Division 4 proceedings ......................................................50

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iv Australian Grape and Wine Authority Regulations 1981

84 Costs................................................................................................51

Division 5—Appeals 52

85 Decisions appellable to Federal Court .............................................52

Division 6—Determinations of foreign GIs and translations of

foreign GIs by Geographical Indications Committee 53

86 When Geographical Indications Committee may proceed to

make a determination ......................................................................53

87 Consultation by Committee .............................................................55

88 Determining foreign GIs..................................................................55

89 Determining translations..................................................................55

90 Interim determination ......................................................................56

91 Publication of notice of interim determination ................................56

92 Final determination..........................................................................56

93 Publication of notice of final determination ....................................57

94 Review of final determination .........................................................57

95 Date of effect of final determination................................................58

Division 7—Omission of foreign GIs and translations of foreign

GIs 59

Subdivision 1—Omission for non-use or loss of significance 59

96 Definition for Subdivision 1 ............................................................59

97 Application for omission of foreign GI or translation of

foreign GI ........................................................................................59

98 Further information concerning application ....................................60

99 Notice by Committee.......................................................................60

100 Determination by Committee ..........................................................60

101 Notice of determination ...................................................................62

102 AAT review of a determination .......................................................62

103 Date of effect of determination to omit item....................................63

Subdivision 2—Omission because not protected in country of

origin and not used in Australia 63

104 Application for omission of foreign GI ...........................................63

105 Further information concerning application ....................................64

106 Notice by Committee.......................................................................64

107 Determination by Committee ..........................................................64

108 Notice of determination ...................................................................65

109 Date of effect of determination to omit foreign GI ..........................65

Part 7—Miscellaneous 66 110 Registration not intended to create or affect trade mark rights ........66

111 Delegation .......................................................................................66

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Australian Grape and Wine Authority Regulations 1981 v

Schedule 1—Geographical indications and traditional

expressions 67

Schedule 2—Varieties 68

Schedule 3—Trade Marks 69

Schedule 4—Modification of Division 4 of Part VIB of

the Act 70

Endnotes 71

Endnote 1—About the endnotes 71

Endnote 2—Abbreviation key 73

Endnote 3—Legislation history 74

Endnote 4—Amendment history 75

Endnote 5—Uncommenced amendments [none] 83

Endnote 6—Modifications [none] 83

Endnote 7—Misdescribed amendments [none] 83

Endnote 8—Miscellaneous [none] 83

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Preliminary Part 1

Regulation 1

Australian Grape and Wine Authority Regulations 1981 1

Part 1—Preliminary

1 Name of Regulations

These Regulations are the Australian Grape and Wine Authority

Regulations 1981.

2 Repeal of the Wine Overseas Marketing (Licences) Regulations

Statutory Rules 1954 No. 88, 1959 No. 3 and 1973 No. 112 are

repealed.

3 Interpretation

(1) In these Regulations, unless the contrary intention appears:

Act means the Australian Grape and Wine Authority Act 2013.

Agreement means the Agreement between Australia and the

European Community on trade in wine, done at Brussels on

1 December 2008.

Note: Information about the Agreement is available from the Australian

Treaties Database at www.dfat.gov.au/treaties.

approved means approved by the Authority.

Australia New Zealand Food Standards Code has the same

meaning as in the Food Standards Australia New Zealand

Act 1991.

Australian standard means a standard within the meaning of the

Food Standards Australia New Zealand Act 1991.

export certificate means a certificate issued by the Authority under

regulation 7.

GI means geographical indication.

licence means a licence granted under regulation 5.

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Part 1 Preliminary

Regulation 4

2 Australian Grape and Wine Authority Regulations 1981

licensee means the holder of a licence.

product label means a label attached to, or writing or other sign

appearing on, a bottle or other package of a grape product.

proposed GI has the meaning it has in subsection 40RA(1) of the

Act.

proposed item has the meaning given by subregulation 57(1).

relative, in relation to an individual, means the

spouse, de facto partner (within the meaning of the Acts

Interpretation Act 1901), parent or other ancestor, child or other

descendant, brother or sister of the individual.

(2) Without limiting who is a child of a person for the purposes of the

definition of relative in subregulation (1), someone is the child of a

person if he or she is a child of the person within the meaning of

the Family Law Act 1975.

(3) If one person is the child of another person because of the

definition of child in subregulation (2), relationships traced to or

through the person are to be determined on the basis that the person

is the child of the other person.

4 Grape products

For the purposes of paragraph (d) of the definition of grape

product in subsection 4(1) of the Act, a product is a grape product

for the purposes of the Act if:

(a) it includes wine; and

(b) it is derived in whole or in part from prescribed goods; and

(c) it is not a grape product referred to in paragraph (a), (b) or (c)

of that definition; and

(d) an Australian standard applies to it.

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General export controls Part 2

Regulation 5

Australian Grape and Wine Authority Regulations 1981 3

Part 2—General export controls

5 Grant of licences

(1) The Authority may, on the application of a person and after taking

into consideration the prescribed matters in relation to the person,

grant to the person a licence to export grape products from

Australia.

(2) A licence granted under this regulation:

(a) shall be in accordance with an approved form; and

(b) remains in force for such period, not exceeding 3 years, as is

specified in the licence, and may be renewed.

(3) For the purposes of subregulation (1), the prescribed matters are:

(a) the financial standing of the applicant; and

(b) whether the applicant has a place of business in Australia;

and

(c) the applicant‘s ability to obtain grape products from

Australian suppliers; and

(d) matters applicable to the person that relate to the promotion

of the export of grape products, including matters that may

affect adversely the export trade in grape products; and

(e) any other matters relating to the promotion of the export of

grape products; and

(f) whether the Authority has cancelled a licence held by the

applicant; and

(g) if the applicant is an individual—whether the Authority has

cancelled a licence held by a corporation of which the

applicant was a director or a shareholder who held a

controlling interest.

6 Conditions of export—general

(1) The export of a grape product is prohibited unless:

(a) the exporter is a licensee; and

(b) the Authority has approved:

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Regulation 6

4 Australian Grape and Wine Authority Regulations 1981

(i) the purchaser of the product; or

(ii) the person to whom the product is consigned as an agent

or representative of the purchaser, or the licensee, in the

country to which the product is consigned; and

(c) the product is exported in accordance with any directions

given to the licensee by the Authority; and

(d) the product is sound and merchantable; and

(e) the licensee has given the Authority samples of the product

and the product label for the purpose of determining the

soundness and merchantability of the product; and

(ea) the exporter has complied with any request for further

information made under subregulation (6),

subregulation 6A(4) or subregulation 7(3A); and

(f) the Authority has issued an export certificate for the product.

(2) Subregulation (1) does not apply to the export of a small quantity

of grape product within the meaning given by subregulation (3) or

(4).

(3) A quantity of grape product is a small quantity of grape product if

it is to be exported, whether or not to 1 consignee:

(a) by 1 exporter, or by 2 or more exporters that are taken to be 1

exporter; and

(b) on 1 ship or aircraft to a single port of discharge; and

(c) in a total quantity of no more than 100 litres.

(4) A quantity of grape product is a small quantity of grape product if

it is any of the following:

(a) a quantity of grape product that is contained in the personal

luggage of a traveller;

(b) a quantity of grape product for the household of an individual

who is moving house;

(c) a quantity of grape product that is intended to be displayed at

a trade fair or comparable event;

(d) a quantity of grape product that is to be exported for a

scientific or technical purpose;

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General export controls Part 2

Regulation 6A

Australian Grape and Wine Authority Regulations 1981 5

(e) a quantity of grape product that is to be exported by a

diplomatic, consular or similar establishment as part of the

duty-free allowance of the establishment;

(f) a quantity of grape product that is held on board a means of

international transport as victualling supplies;

(g) a quantity of grape product that is a commercial sample for a

prospective buyer.

(5) For paragraph (3)(a), 2 or more exporters are taken to be 1 exporter

if the exporters are:

(a) related bodies corporate (within the meaning of the

Corporations Act 2001); or

(b) individuals who are relatives; or

(c) individuals who are acting in concert with each other.

(6) For the purpose of verifying a label claim made in relation to wine,

the Authority may request the exporter to provide a record kept

under section 39F of the Act.

(7) A request must:

(a) be made in writing; and

(b) identify the label claim; and

(c) state the date by which the exporter must provide the record

to the Authority.

6A Conditions of export—food standards

Prohibition of export

(1) The export of a grape product is prohibited unless the product

complies with the Australia New Zealand Food Standards Code.

Partial compliance with Code

(2) Subregulation (1) does not apply to the export of a grape product

if:

(a) the grape product does not comply with the Australia New

Zealand Food Standards Code in particular respects; and

(b) the grape product complies with the Code in all other

respects; and

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Part 2 General export controls

Regulation 6B

6 Australian Grape and Wine Authority Regulations 1981

(c) the Authority is satisfied that:

(i) the product meets any requirements for grape products

imposed by the country to which the product is to be

exported; and

(ii) the non-compliance will not compromise the reputation

of Australian grape products; and

(d) the Authority approves the export.

(3) The approval must:

(a) be given to the exporter in writing; and

(b) must identify the particulars of the non-compliance; and

(c) must state that the product must comply with the Code in any

other respect.

Provision of records

(4) The Authority may ask an exporter to provide records

demonstrating that the grape product complies with the Australia

New Zealand Food Standards Code in particular respects.

(5) The request must:

(a) be made in writing; and

(b) state the respects in which compliance with the Code needs

to be demonstrated; and

(c) state the date by which the exporter must provide the records

to the Authority.

6B Conditions of export—labelling of grape products other than

wine, brandy or grape spirit

(1) The export of a grape product other than wine, brandy or grape

spirit is prohibited if the description and presentation of the grape

product includes:

(a) a registered geographical indication other than the term

‗Australia‘; or

(b) a registered translation; or

(c) the year in which the grapes from which the grape product

was manufactured were harvested.

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General export controls Part 2

Regulation 7

Australian Grape and Wine Authority Regulations 1981 7

(2) In this regulation, the definition of description and presentation in

the Act applies in relation to a grape product other than wine in the

same way as it applies in relation to wine.

7 Export certificates

(1) A licensee may apply for an export certificate by notifying the

Authority of the proposed export of a grape product.

(2) The licensee must notify the Authority by lodging with it a

notification of the proposed export of a grape product in an

approved form.

(3) A notification must be given at least 10 days before the day on

which the grape product is to be exported.

(3A) For the purpose of considering a notification, the Authority may

request the licensee to give it information that satisfies the

Authority that a requirement relating to the description and

presentation of the grape product under a Commonwealth, State or

Territory law has been met.

Example: If a grape product is described as ‗organic‘ and is a product to which

the Export Control (Organic Produce Certification) Orders apply, the

Authority may ask the licensee who proposes to export the product to

give the Authority information that satisfies it that an organic produce

certificate has been issued for the product.

(3B) A request under subregulation (3A) must:

(a) be made in writing within 3 working days after the Authority

receives the notification; and

(b) identify the requirement and the Commonwealth, State or

Territory law under which it applies; and

(c) state the date by which the licensee must give the information

to the Authority.

(4) If the export of the grape product would comply with the

conditions for export that apply to it, the Authority must issue an

export certificate to that effect before the day on which the product

is to be exported.

(5) The Authority may issue an export certificate by electronic means.

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Part 2 General export controls

Regulation 8

8 Australian Grape and Wine Authority Regulations 1981

(6) If the export of the grape product would not comply with the

conditions for export that apply to it, the Authority must:

(a) refuse to issue an export certificate; and

(b) send a statement to that effect to the licensee, setting out the

grounds on which the export would not comply with the

conditions.

(7) The Authority may revoke an export certificate if the export of the

grape product ceases, or would cease, to comply with the

conditions for export that apply to the product.

8 Powers of Authority

The Authority, or a person authorised by it, may give to a licensee

written directions about the quantities of grape product that the

licensee may export:

(a) generally; or

(b) to a country specified in the directions; or

(c) to a person, agent or representative specified in the

directions.

9 Suspension and cancellation of licences

(1) The Authority may suspend or cancel a licence if:

(a) a material change has occurred in respect of the licensee in

relation to a matter referred to in subregulation 5(3); and

(b) if the change is to the licensee‘s place of business in

Australia—the licensee does not inform the Authority of the

new place of business in Australia within 14 days of the

change.

(2) The Authority may suspend or cancel a licence if the licensee

exports a grape product in contravention of a provision of the Act

or these Regulations.

(3) The Authority may suspend or cancel a licence if:

(a) the licensee claims that the Authority has given an approval

in relation to the export of a grape product; and

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General export controls Part 2

Regulation 10

Australian Grape and Wine Authority Regulations 1981 9

(b) the Authority has not given an approval of that kind in

relation to the export.

10 Application for review of decision

An application may be made to the Administrative Appeals

Tribunal for the review of:

(a) a refusal by the Authority under subregulation 5(1) to grant a

licence; or

(aa) a decision by the Authority under subregulation 6A(2) to

approve, or refuse to approve, the export of a grape product

that does not comply with the Australia New Zealand Food

Standards Code; or

(b) a refusal by the Authority under subregulation 7(6) to issue

an export certificate; or

(c) a decision of the Authority under subregulation 7(7) to

revoke an export certificate; or

(d) a decision of the Authority under regulation 9 to suspend or

cancel a licence.

11 Authority may require information

(1) A person shall, if required to do so by the Authority by notice in

writing, furnish to the Authority, within such time as is specified in

the notice, such returns and information as are specified in the

notice relating to the sale, disposal or export, or the intended sale,

disposal or export, by the person of grape products.

(2) A person to whom such a notice is given must not neglect or fail to

furnish the return or information to the Authority within the

specified time.

(2A) It is a defence to a prosecution under subregulation (2) if the

defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter set out

in subregulation (2A)—see section 13.3 of the Criminal Code.

(3) A person is not excused from furnishing a return or information

that he is required to furnish by virtue of a notice given, or sent by

post, to him under subregulation (1) on the ground that the return

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Part 2 General export controls

Regulation 11

10 Australian Grape and Wine Authority Regulations 1981

or information might tend to incriminate him or make him liable to

a penalty, but any return or information so furnished is not

admissible in evidence against him in proceedings other than

proceedings for an offence against subregulation (4).

(4) A person shall not furnish to the Authority a return or information

that is false or misleading in a material particular.

Penalty: 10 penalty units.

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Label Integrity Program Part 2A

Regulation 11A

Australian Grape and Wine Authority Regulations 1981 11

Part 2A—Label Integrity Program

11A Prescribed geographical indication

For the definition of prescribed geographical indication in

subsection 4(1) of the Act, a geographical indication included in

the Register with respect to Australia is prescribed.

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Part 3 Exemption of wines from offence provisions

Regulation 12

12 Australian Grape and Wine Authority Regulations 1981

Part 3—Exemption of wines from offence

provisions

12 Small quantities of wine

(1) For the purposes of the definition of small quantities in

subsection 40J(1) of the Act, wine:

(a) that is contained in labelled containers, each of which:

(i) has a capacity of not more than 5 litres; and

(ii) is fitted with a non-reusable closing device; and

(b) that is exported, whether or not to 1 consignee:

(i) by 1 exporter, or by 2 or more exporters that are taken

to be 1 exporter; and

(ii) on 1 ship or aircraft to a single port of discharge; and

(iii) in a total quantity of no more than 100 litres;

is declared to be a small quantity of wine.

(2) For the purposes of the definition of small quantities in

subsection 40J(1) of the Act, the following are declared to be small

quantities of wine:

(a) a quantity of wine, not exceeding 30 litres, that is contained

in the personal luggage of a traveller:

(b) a quantity of wine, not exceeding 30 litres, that is sent in a

consignment by an individual to another individual;

(c) a quantity of wine for the household of an individual who is

moving house;

(d) a quantity of wine:

(i) that is intended to be displayed in Australia, or an

agreement country, at a trade fair, or a comparable

event, for the purposes of the customs laws of the

relevant country; and

(ii) that is packed in labelled containers of a capacity of not

more than 2 litres and fitted with a non-reusable closing

device;

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Exemption of wines from offence provisions Part 3

Regulation 13

Australian Grape and Wine Authority Regulations 1981 13

(e) a quantity of wine, not exceeding 1 hectolitre, that is

imported into Australia, or exported to an agreement country,

for the purpose of scientific or technical purposes;

(f) a quantity of wine that is imported into Australia, or exported

to an agreement country, by a diplomatic, consular or similar

establishment as part of the duty-free allowance of the

establishment;

(g) a quantity of wine that is held on board a means of

international transport as victualling supplies.

(3) For subparagraph (1)(b)(i), 2 or more exporters are taken to be 1

exporter if the exporters are:

(a) related bodies corporate (within the meaning of the

Corporations Act 2001); or

(b) individuals who are relatives; or

(c) individuals who are acting in concert with each other.

13 Geographical indications and traditional expressions

(1) For subsection 40J(5) of the Act, the use of a geographical

indication or traditional expression mentioned in Schedule 1 is

exempted from the operation of sections 40C and 40E of the Act

until 12 months after the Agreement enters into force.

(2) For subsection 40J(5) of the Act, the use of the geographical

indication ‗Tokay‘ is exempted from the operation of sections 40C

and 40E of the Act until 10 years after the Agreement enters into

force.

14 Vine varieties: Hermitage

For the purposes of subsection 40J(5) of the Act, the use of the

name Hermitage to describe and present wine is exempted from

the operation of section 40C of the Act, until 12 months after the

Agreement enters into force, if:

(a) the name is used as a synonym for the grape variety Shiraz;

and

(b) the wine originates in Australia; and

(c) the wine is sold in a country other than an EC country.

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Part 3 Exemption of wines from offence provisions

Regulation 15

14 Australian Grape and Wine Authority Regulations 1981

15 Vine varieties: Lambrusco

For the purposes of subsection 40J(5) of the Act, the use of the

name Lambrusco to describe and present wine is exempted from

the operation of section 40C of the Act, until 12 months after the

Agreement enters into force, if:

(a) the name is used to describe a style of wine traditionally

made and marketed under that name; and

(b) the name is not used to describe a variety of grapes from

which the wine is made; and

(c) the wine originates in Australia; and

(d) the wine is sold in a country other than an EC country.

16 Variety names that are also geographical indications

For subsection 40J(5) of the Act, the use of a name in Schedule 2

to describe and present wine originating in Australia is exempted

from sections 40C and 40G of the Act if the name is used to

describe a variety of grapes from which the wine is made.

17 Marketing periods for use of geographical indications, registered

traditional expressions and registered additional terms

(1) For subsection 40J(5) of the Act, the use of a registered

geographical indication, a registered translation, a registered

traditional expression or a registered additional term to describe

and present wine is exempted from the operation of the offence

provisions if:

(a) the offence provisions would apply to the use of the

indication, translation, expression or term after the day on

which this regulation commences; and

(b) the wine was lawfully produced before the day on which the

offence provisions first apply to the use of the indication,

translation, expression or term; and

(c) the indication, translation, expression or term is used by:

(i) a wholesaler of wine acting in the course of the

wholesaler‘s business; or

(ii) a retailer of wine in the course of the retailer‘s business.

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Exemption of wines from offence provisions Part 3

Regulation 17A

Australian Grape and Wine Authority Regulations 1981 15

Note: The offence provisions is defined in subsection 40J(1) of the Act.

(2) The exemption in subregulation (1):

(a) ceases to apply to the use of the indication, translation,

expression or term by a wholesaler in the description and

presentation of fortified wines at the end of 5 years

commencing on the day on which the offence provisions first

apply to the use of the indication, translation, expression or

term; and

(b) ceases to apply to the use of the indication, translation,

expression or term by a wholesaler in the description and

presentation of other wines at the end of 3 years commencing

on the day on which the offence provisions first apply to the

use of the indication, translation, expression or term.

(3) The exemption in subregulation (1) ceases to apply to the use of

the indication, translation, expression or term by a retailer in the

description and presentation of fortified wines:

(a) at the end of 5 years commencing on the day on which the

offence provisions first apply to the use of the indication,

translation, expression or term; or

(b) if the retailer has a stock of the fortified wine at the end of

that period—when that stock is exhausted.

(4) The exemption in subregulation (1) ceases to apply to the use of

the indication, translation, expression or term by a retailer in the

description and presentation of wines other than fortified wines:

(a) at the end of 3 years commencing on the day on which the

offence provisions first apply to the use of the indication,

translation, expression or term; or

(b) if the retailer has a stock of the wine at the end of that

period—when that stock is exhausted.

17A Use of trade mark in description of wine

(1) This regulation applies if:

(a) the Registrar of Trade Marks decides, under

subsection 40RC(2) of the Act, that an objection to a

proposed GI is made out, and the GI is subsequently

registered in accordance with section 40ZD(2) of the Act; or

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Part 3 Exemption of wines from offence provisions

Regulation 17A

16 Australian Grape and Wine Authority Regulations 1981

(b) the Registrar of Trade Marks decides, under regulation 67,

that an objection to a proposed item is made out, and the item

is subsequently registered in accordance with

section 40ZD(2) of the Act; or

(c) a trade mark is registered or is the subject of a pending

application under the Trade Marks Act 1995 and:

(i) after the registration of, or application for, the trade

mark, a GI or translation is proposed and registered; and

(ii) the GI or translation is identical to, or is likely to cause

confusion with, the trade mark; or

(d) a trade mark listed in Schedule 3 is identical to:

(i) a registered GI that indicates a foreign country or a

region or locality in a foreign country; or

(ii) a registered translation of such a GI; or

(e) a trade mark listed in Schedule 3 is likely to cause confusion

with:

(i) a registered GI that indicates a foreign country or a

region or locality in a foreign country; or

(ii) a registered translation of such a GI.

(2) For subsection 40J(5) of the Act, the use of the trade mark to

describe and present wine that did not originate in the country,

region or locality indicated by the registered GI or registered

translation is exempted from the offence provisions to the extent

that:

(a) the offence provisions relate to the use of:

(i) a registered GI or a registered translation; or

(ii) an indication or term that resembles a registered GI or a

registered translation; and

(b) the origin of the wine is shown in the description and

presentation of the wine in a way that is not likely to mislead.

Note: The offence provisions is defined in subsection 40J(1) of the Act.

Federal Register of Legislative Instruments F2014C00910

Description and presentation of wine Part 4

Regulation 18

Australian Grape and Wine Authority Regulations 1981 17

Part 4—Description and presentation of wine

18 Interpretation

In this Part, wine means wine that is offered for sale in Australia,

imported into Australia or exported from Australia.

19 Wine originating in more than one country

For subsection 40F(6) of the Act, if wine is made from grapes

grown in more than one country, the description and presentation

of the wine must identify the proportion of the wine that originated

in each country.

20 Grape varieties

(1) For subsection 40F(6) of the Act, a name used for a variety in the

description and presentation of wine originating in Australia must

be a name of a variety, or a synonym of a name, that is recognised

as a name or a synonym by at least one of the following

organisations:

(a) International Organisation of Vine and Wine;

(b) International Union for the Protection of New Varieties of

Plants;

(c) International Plant Genetic Resources Institute.

(2) For subsection 40F(6) of the Act, if wine originating in Australia is

made from two or more varieties, the wine may only be described

and presented as being of a particular variety if at least 850ml/L of

the wine is obtained from that variety.

(3) For subsection 40F(6) of the Act, if the description and

presentation of wine originating in Australia refers to more than

one variety:

(a) the description and presentation must list the varieties in

descending order of their proportions in the wine; and

(b) each variety named in the description and presentation must

be present in greater proportion in the composition of the

wine than any variety that is not named; and

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Regulation 21

18 Australian Grape and Wine Authority Regulations 1981

(c) in total, at least 850ml/L of the wine must be obtained from

the named varieties.

(4) For the purpose of determining the proportion of the varieties

under subregulation (2) or (3), the quantity of products used for

possible sweetening and cultures of micro-organisms, not

exceeding a total of 50ml/L, is excluded.

(5) For this regulation, the volume of grapes in a fortified wine is to be

calculated exclusive of the grape spirit or brandy (or both) added to

the wine.

21 Use of registered geographical indications

Use of GI registered in relation to Australia—limit on number of

GIs and foreign place names

(1) For subsection 40F(6) of the Act, if the description and

presentation of wine uses one or more GIs registered in relation to

Australia, the total number of registered GIs and foreign place

names used in the description and presentation of the wine must be

three or less.

Note: Subsection 4(1) of the Act defines registered geographical indication

to mean a geographical indication included in Part 1 of the Register

kept under section 40ZC of the Act. Subsection 40ZD(2) of the Act

requires Part 1 of the Register to include particulars of any region or

locality in relation to which a geographical indication is determined.

Use of one GI registered in relation to Australia

(2) If the description and presentation of the wine:

(a) uses one GI registered in relation to Australia; and

(b) does not use a GI registered in relation to another country;

and

(c) does not use a foreign place name;

at least 850ml/L of the wine must have been obtained from grapes

grown in the region or locality in Australia in relation to which the

GI is registered.

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Description and presentation of wine Part 4

Regulation 21

Australian Grape and Wine Authority Regulations 1981 19

Use of one GI registered in relation to a foreign country

(2A) If the description and presentation of the wine uses only one GI,

and that GI is registered in relation to a country other than

Australia, at least 850ml/L of the wine must have been obtained

from grapes grown in the region or locality in the country in

relation to which the GI is registered.

Note: This subregulation applies whether or not the description and

presentation of the wine also uses one or more foreign place names.

Use of GI registered in relation to Australia with one or 2 other

registered GIs

(3) If the description and presentation of the wine:

(a) uses two or three registered GIs (at least one of which is

registered in relation to Australia); and

(b) does not use a foreign place name;

the wine, and the description and presentation, must meet the

requirements of subregulation (4).

(4) For subregulation (3):

(a) in total, at least 950ml/L of the wine must have been obtained

from grapes grown in the regions or localities in relation to

which those GIs are registered; and

(b) at least 50ml/L of the wine must have been obtained from

each of those regions or localities; and

(c) the description and presentation must set out the registered

GIs in descending order of the proportions of the relevant

grapes in the wine.

Use of GI registered in relation to Australia with foreign place

name

(5) If the description and presentation of the wine uses:

(a) at least one GI registered in relation to Australia; and

(b) at least one foreign place name;

the wine, and the description and presentation, must meet the

requirements of subregulation (6).

(6) For subregulation (5):

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Part 4 Description and presentation of wine

Regulation 22

20 Australian Grape and Wine Authority Regulations 1981

(a) in total, at least 950ml/L of the wine must have been obtained

from grapes grown in:

(i) the regions or localities in relation to which those GIs

are registered; and

(ii) the countries, regions or localities identified by those

foreign place names; and

(b) at least 50ml/L of the wine must have been obtained from

each of those countries, regions or localities; and

(c) the description and presentation must set out the registered

GIs and foreign place names in descending order of the

proportions of the relevant grapes in the wine.

General

(7) For this regulation:

(a) a word or term is not to be treated as a registered GI or a

foreign place name, as the case may be, when it appears in

the description and presentation because it is required by

another law; and

(b) the volume of grapes in a fortified wine is to be calculated

exclusive of the grape spirit or brandy (or both) added to the

wine.

Example for paragraph (a): ‗Australia‘ and the name of a foreign country

might appear in the description and presentation because they are required

by regulation 19.

(8) In this regulation:

foreign place name, in relation to wine goods, means a word or

expression that:

(a) is not a registered GI; and

(b) identifies a country, region or locality (other than Australia)

in which the goods originated.

22 Vintages

(1) For subsection 40F(6) of the Act, if:

(a) wine originating in Australia is made using grapes that were

harvested in more than one vintage; and

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Description and presentation of wine Part 4

Regulation 22

Australian Grape and Wine Authority Regulations 1981 21

(b) the description and presentation of the wine refers to one or

more of those vintages;

the description and presentation of the wine must refer to all of the

vintages in descending order of the proportions of the relevant

grapes in the wine.

(2) In spite of subregulation (1), wine may be described and presented

as being of one vintage if at least 850ml/L of the wine is obtained

from grapes harvested in that vintage.

(3) For the purposes of subregulation (2), the volume of grapes in a

fortified wine is to be calculated exclusive of the grape spirit or

brandy (or both) added to the wine.

Federal Register of Legislative Instruments F2014C00910

Part 4A Applications for determination of Australian GIs

Regulation 22A

22 Australian Grape and Wine Authority Regulations 1981

Part 4A—Applications for determination of

Australian GIs

22A Payment of application fee

(1) An application under section 40R of the Act must be accompanied

by the fee (if any) charged by the Authority for the making of the

application.

(2) The Authority way waive the fee.

(3) If the application is not accompanied by the fee, and the fee is not

waived by the Authority, the application is treated as having never

been made.

Federal Register of Legislative Instruments F2014C00910

Criteria for determining Australian GIs Part 5

Regulation 23

Australian Grape and Wine Authority Regulations 1981 23

Part 5—Criteria for determining Australian GIs

23 Determining geographical indications

For the purpose of making determinations under section 40T of the

Act, the Geographical Indications Committee is to have regard to

the criteria set out in this Part.

24 Interpretation

In this Part:

region means an area of land that:

(a) may comprise one or more subregions; and

(b) is a single tract of land that is discrete and homogeneous in

its grape growing attributes to a degree that:

(i) is measurable; and

(ii) is less substantial than in a subregion; and

(c) usually produces at least 500 tonnes of wine grapes in a year;

and

(d) comprises at least 5 wine grape vineyards of at least

5 hectares each that do not have any common ownership,

whether or not it also comprises 1 or more vineyards of less

than 5 hectares; and

(e) may reasonably be regarded as a region.

subregion means an area of land that:

(a) is part of a region; and

(b) is a single tract of land that is discrete and homogeneous in

its grape growing attributes to a degree that is substantial;

and

(c) usually produces at least 500 tonnes of wine grapes in a year;

and

(d) comprises at least 5 wine grape vineyards of at least 5

hectares each that do not have any common ownership,

whether or not it also comprises 1 or more vineyards of less

than 5 hectares; and

Federal Register of Legislative Instruments F2014C00910

Part 5 Criteria for determining Australian GIs

Regulation 25

24 Australian Grape and Wine Authority Regulations 1981

(e) may reasonably be regarded as a subregion.

wine grape vineyard means a single parcel of land that:

(a) is planted with wine grapes; and

(b) is operated as a single entity by:

(i) the owner; or

(ii) a manager on behalf of the owner or a lessee,

irrespective of the number of lessees.

zone means an area of land that:

(a) may comprise one or more regions; or

(b) may reasonably be regarded as a zone.

25 Criteria for determining geographical indications

For the purposes of subsection 40T(2) of the Act, the Committee is

to have regard to the following criteria:

(a) whether the area falls within the definition of a subregion, a

region, a zone or any other area;

(b) the history of the founding and development of the area,

ascertained from local government records, newspaper

archives, books, maps or other relevant material;

(c) the existence in relation to the area of natural features,

including rivers, contour lines and other topographical

features;

(d) the existence in relation to the area of constructed features,

including roads, railways, towns and buildings;

(e) the boundary of the area suggested in the application to the

Committee under section 40R;

(f) ordinance survey map grid references in relation to the area;

(g) local government boundary maps in relation to the area;

(h) the existence in relation to the area of a word or expression to

indicate that area, including:

(i) any history relating to the word or expression; and

(ii) whether, and to what extent, the word or expression is

known to wine retailers beyond the boundaries of the

area; and

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Criteria for determining Australian GIs Part 5

Regulation 25

Australian Grape and Wine Authority Regulations 1981 25

(iii) whether, and to what extent, the word or expression has

been traditionally used in the area or elsewhere; and

(iv) the appropriateness of the word or expression;

(i) the degree of discreteness and homogeneity of the proposed

geographical indication in respect of the following attributes:

(i) the geological formation of the area;

(ii) the degree to which the climate of the area is uniform,

having regard to the temperature, atmospheric pressure,

humidity, rainfall, number of hours of sunshine and any

other weather conditions experienced in the area

throughout the year;

(iii) whether the date on which harvesting a particular

variety of wine grapes is expected to begin in the area is

the same as the date on which harvesting grapes of the

same variety is expected to begin in neighbouring areas;

(iv) whether part or all of the area is within a natural

drainage basin;

(v) the availability of water from an irrigation scheme;

(vi) the elevation of the area;

(vii) any plans for the development of the area proposed by

Commonwealth, State or municipal authorities;

(viii) any relevant traditional divisions within the area;

(ix) the history of grape and wine production in the area.

Note: In determining a geographical indication under subsection 40Q(1) of

the Act, the Committee is not prohibited under the Act from having

regard to any other relevant matters.

Federal Register of Legislative Instruments F2014C00910

Part 6 Objection to determination of Australian GI based on pre-existing trade mark

rights

Division 1 General

Regulation 28

26 Australian Grape and Wine Authority Regulations 1981

Part 6—Objection to determination of Australian

GI based on pre-existing trade mark rights

Division 1—General

28 Definition for Part 6

In this Part:

Registrar means the Registrar of Trade Marks.

28A Modifications of Division 4 of Part VIB of the Act

For subsection 40PA(3) of the Act, the provisions of Division 4 of

Part VIB of the Act apply as if they were modified as set out in

Schedule 4.

29 Parties to send copies of evidence to each other

Evidence in relation to proceedings under this Part is not taken to

be validly filed unless the party filing the evidence:

(a) gives a copy of the evidence to each other party; and

(b) includes, with the evidence being filed, a statement setting

out the date, place and manner in which the copy was given

to each other party.

Note: In some proceedings there may only be one party.

30 Costs

The Registrar is not entitled to make an order for costs in

proceedings mentioned in this Part.

31 How fees are to be paid (Act s 40RC and s 40RE)

For subsections 40RC(5) and 40RE(2) of the Act, a fee imposed

under this Part must be paid to the Registrar.

32 Note: Regulation 32 reserved for future use.

Federal Register of Legislative Instruments F2014C00910

Objection to determination of Australian GI based on pre-existing trade mark rights

Part 6

Consideration of objections Division 2

Regulation 33

Australian Grape and Wine Authority Regulations 1981 27

Division 2—Consideration of objections

33 Application of Division 2 (Act s 40RC)

For subsection 40RC(5) of the Act, this Division applies in relation

to the making of a decision under subsection 40RC(2) of the Act.

34 Definition for Division 2

In this Division:

party, in relation to proceedings mentioned in this Division, means

either of the following:

(a) if an application was made for the determination of the

proposed GI under section 40R of the Act—the applicant;

(b) a person who makes an objection under

paragraph 40RA(2)(b) of the Act.

36 Evidence

After notifying the Geographical Indications Committee, the

Registrar must send each party a notice that:

(a) gives the name and address of the other party; and

(b) invites the party to file evidence in relation to a decision

about the matter; and

(c) states that any evidence must be filed 3 months or less from

the date of the notice.

37 Evidence in answer

If a person files evidence in response to a notice sent under

regulation 36, the Registrar must send the other party a notice that:

(a) invites the party to file evidence in answer; and

(b) states that evidence in answer must be filed 2 months or less

from the date of the notice sent under this regulation, or any

longer period that the Registrar of Trade Marks thinks is

appropriate under the circumstances.

Note: In some proceedings there may only be one party.

Federal Register of Legislative Instruments F2014C00910

Part 6 Objection to determination of Australian GI based on pre-existing trade mark

rights

Division 2 Consideration of objections

Regulation 38

28 Australian Grape and Wine Authority Regulations 1981

38 Request for hearing

(1) Any party may, no more than 1 month after the end of the period

given under paragraph 37(b) for the acceptance of evidence in

answer, ask the Registrar to conduct a hearing.

(2) The Registrar must agree to a request made under

subregulation (1).

39 New evidence

(1) At any time before the Registrar makes a decision about an

objection to a proposed GI, but after the end of a period specified

by the Registrar for the filing of evidence, a party may apply to the

Registrar, in writing, to file new evidence.

(2) An application must include a statement:

(a) describing the new evidence; and

(b) giving the reasons why the new evidence was not filed within

the specified period.

(3) If, after considering the application, the Registrar decides that it is

reasonable to allow the filing of the new evidence, he or she must

set a date by which the new evidence must be filed.

(4) If the new evidence is filed by the date mentioned in

subregulation (3), the Registrar must send a notice to the other

party telling them that the new evidence is filed and setting a

reasonable period for the party to file evidence in answer to it.

Note: In some proceedings there may only be one party.

40 Decision by Registrar

(1) The Registrar must, as soon as is practicable after the last day set

for evidence to be filed, make a decision under subsection 40RC(2)

of the Act by considering:

(a) the notice published under subsection 40RA(2) of the Act

and any related documents; and

(b) the documents filed by the parties; and

(c) any other matter that the Registrar thinks is relevant.

Federal Register of Legislative Instruments F2014C00910

Objection to determination of Australian GI based on pre-existing trade mark rights

Part 6

Consideration of objections Division 2

Regulation 41

Australian Grape and Wine Authority Regulations 1981 29

(2) If a hearing is held, the Registrar must also invite submissions from

the parties and consider the submissions.

41 No decision if trade mark subject to removal or cancellation

proceedings

The Registrar must not make a decision under subsection 40RC(2)

of the Act if the registered trade mark concerned is the subject of

removal or cancellation proceedings.

42 Withdrawal of objection

If a person objecting to a proposed GI:

(a) does not file evidence within the period mentioned in

paragraph 36(c); or

(b) withdraws the notice of objection before the Registrar makes

a decision about the objection;

the Registrar must decide that the ground of the objection is not

made out.

Note The Registrar must notify the parties and the Geographical Indications

Committee about his or her decision: see subsection 40RD(1) of the

Act.

43 Fees

(1) In proceedings mentioned in this Division, the fees specified in

column 3 of an item in the following table are payable in respect of

a matter specified in column 2 of the item.

(2) The Registrar must not deal with a matter until the fee for the

matter is paid.

Item Matter Fee($)

1 Filing a notice of objection in response to an

invitation under paragraph 40RA(2)(b) of

the Act

500

3 Applying to file new evidence under

subregulation 39(1)

100

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Part 6 Objection to determination of Australian GI based on pre-existing trade mark

rights

Division 2 Consideration of objections

Regulation 43

30 Australian Grape and Wine Authority Regulations 1981

Item Matter Fee($)

4 Filing evidence under regulation 36, 37 or

39 (that is, evidence in support, evidence in

answer or new evidence)

375

5 Requesting a hearing under

subregulation 38(1)

500

6 Attending a hearing 500 per day or

part of a day

(3) If a person requests a hearing and pays the fee mentioned in item 5

of the table in respect of the hearing, the fee in item 6 of the table

applies to the person only for the second and any subsequent day of

the hearing.

Federal Register of Legislative Instruments F2014C00910

Objection to determination of Australian GI based on pre-existing trade mark rights

Part 6

Application for decision that ground of objection no longer exists Division 3

Regulation 44

Australian Grape and Wine Authority Regulations 1981 31

Division 3—Application for decision that ground of

objection no longer exists

44 Application of Division 3 (Act s 40RE)

For subsection 40RE(2) of the Act, this Division applies in relation

to the making of a decision under subsection 40RE(1).

45 Definition for Division 3

In this Division:

party, in relation to proceedings mentioned in this Division, means

any of the following:

(a) the person who makes an application under

paragraph 40RE(1)(b) of the Act;

(b) if the objection was made on a ground mentioned in

subsection 40RB(1), (3) or (4) of the Act—the owner of the

trade mark concerned;

(ba) if the objection was made on a ground mentioned in

subsection 40RB(5) of the Act—the person who made the

objection;

(c) if:

(i) an application for the determination of the proposed GI

to which the objection relates was made under

section 40R of the Act; and

(ii) the applicant for the determination is not the person

mentioned in paragraph (a);

the applicant for the determination.

46 Notice of application

If the Registrar receives an application under

paragraph 40RE(1)(b) of the Act, the Registrar must notify the

Geographical Indications Committee in writing of the receipt and

terms of the application.

Federal Register of Legislative Instruments F2014C00910

Part 6 Objection to determination of Australian GI based on pre-existing trade mark

rights

Division 3 Application for decision that ground of objection no longer exists

Regulation 47

32 Australian Grape and Wine Authority Regulations 1981

47 Evidence

After notifying the Geographical Indications Committee, the

Registrar must send each party a notice (an invitation notice) that:

(a) gives the name and address of each other party; and

(b) invites the party to file evidence in relation to a decision

about the matter; and

(c) states that any evidence must be filed 3 months or less after

the date of the invitation notice.

49 Evidence in answer

If a person files evidence in response to an invitation notice sent

under regulation 47, the Registrar must send each party a notice

that:

(a) invites the party to file evidence in answer to another party‘s

evidence; and

(b) states that evidence in answer must be filed 2 months or less

from the date of the notice sent under this regulation, or any

longer period that the Registrar thinks is appropriate under

the circumstances.

50 Request for hearing

(1) Any party may, no more than 1 month after the end of the period

given under paragraph 49(b) for the acceptance of evidence in

answer, ask the Registrar to conduct a hearing.

(2) The Registrar must agree to a request made under

subregulation (1).

51 New evidence

(1) At any time before the Registrar makes a decision about whether a

ground of objection to a proposed GI no longer exists, but after the

end of a period specified by the Registrar for the filing of evidence,

a party may apply to the Registrar, in writing, to file new evidence.

(2) An application must include a statement:

(a) describing the new evidence; and

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Objection to determination of Australian GI based on pre-existing trade mark rights

Part 6

Application for decision that ground of objection no longer exists Division 3

Regulation 52

Australian Grape and Wine Authority Regulations 1981 33

(b) giving the reasons why the new evidence was not filed within

the specified period.

(3) If, after considering the application, the Registrar decides that it is

reasonable to allow the filing of the new evidence, he or she must

set a date by which the new evidence must be filed.

(4) If the new evidence is filed by the date mentioned in

subregulation (3), the Registrar must send a notice to the other

parties telling them that the new evidence is filed and setting a

reasonable period for the parties to file evidence in answer to it.

52 Decision by Registrar

(1) The Registrar must, as soon as is practicable after the last day set

for evidence to be filed, make a decision under subsection 40RE(1)

of the Act by considering:

(a) the documents filed by the parties; and

(b) any other matter that the Registrar thinks is relevant.

(2) If a hearing is held, the Registrar must also invite submissions from

the parties and consider the submissions.

(3) The Registrar must not make a decision under subsection 40RE(1)

of the Act if the trade mark concerned is the subject of removal or

cancellation proceedings.

(4) The Registrar must decide that the ground of objection continues to

exist if no party files evidence within the period mentioned in

paragraph 47(c).

53 Withdrawal of application

(1) If the applicant under paragraph 40RE(1)(b) of the Act withdraws

the application before the Registrar makes a decision under this

Division, the Registrar must continue the proceedings if requested

to do so by another party.

(2) However, if no party makes a request to continue, the Registrar

must decide that the ground of objection continues to exist.

Federal Register of Legislative Instruments F2014C00910

Part 6 Objection to determination of Australian GI based on pre-existing trade mark

rights

Division 3 Application for decision that ground of objection no longer exists

Regulation 54

34 Australian Grape and Wine Authority Regulations 1981

54 Notice of decision

(1) The Registrar must, in writing, inform the Geographical

Indications Committee and each party of the Registrar‘s decision.

(2) After receiving notice of a decision from the Registrar, the

Presiding Member of the Committee must publish a notice:

(a) setting out the proposed GI; and

(b) stating that a decision of the Registrar has been made in

relation to the proposed GI; and

(c) setting out the terms of the decision.

(3) The notice under subregulation (2) is to be published in the manner

that the Committee thinks appropriate.

55 Fees for claim that ground of objection no longer exists (Act s

40RE)

(1) In proceedings mentioned in this Division, the fees specified in

column 3 of an item in the following table are payable in respect of

a matter specified in column 2 of the item.

(2) The Registrar must not deal with a matter until the fee for the

matter is paid.

Item Matter Fee ($)

1 Making an application for a decision under

paragraph 40RE(1)(b) of the Act

500

3 Applying to file new evidence under

regulation 51

100

4 Filing evidence under regulation 47, 49 or

51 (that is, evidence in support, evidence in

answer or new evidence)

375

5 Requesting a hearing under regulation 50 500

6 Attending a hearing 500 per day or

part of a day

Federal Register of Legislative Instruments F2014C00910

Objection to determination of Australian GI based on pre-existing trade mark rights

Part 6

Application for decision that ground of objection no longer exists Division 3

Regulation 55

Australian Grape and Wine Authority Regulations 1981 35

(3) If a person requests a hearing and pays the fee mentioned in item 5

of the table in respect of the hearing, the fee in item 6 of the table

applies to the person only for the second and any subsequent day of

the hearing.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 1 Applications for determinations

Regulation 56

36 Australian Grape and Wine Authority Regulations 1981

Part 6A—Determination of foreign GIs and

translations of foreign GIs

Division 1—Applications for determinations

56 Applications for determinations

(1) A person may apply in writing to the Geographical Indications

Committee for the determination of a GI in relation to a foreign

country or a region or locality in a foreign country.

(2) A person may apply in writing to the Committee for the

determination of a translation of a GI in relation to a foreign

country or a region or locality in a foreign country.

(3) An application under subregulation (2) for the determination of a

translation of a geographical indication may be made:

(a) after the GI is registered; or

(b) at the same time as an application under subregulation (1) for

determination of the GI.

(4) An application under subregulation (1) or (2) must be accompanied

by the fee (if any) charged by the Authority for the making of the

application.

(5) The Authority may waive the fee.

(6) If the application is not accompanied by the fee, and the fee is not

waived by the Authority, the application is treated as having never

been made.

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Determination of foreign GIs and translations of foreign GIs Part 6A

Objections based on pre-existing trade mark rights Division 2

Regulation 57

Australian Grape and Wine Authority Regulations 1981 37

Division 2—Objections based on pre-existing trade mark

rights

57 Notice to be given of proposed foreign GI or translation of

foreign GI

(1) The Presiding Member of the Geographical Indications Committee

must publish a notice if:

(a) an application has been made under subregulation 56(1) for

the determination of a GI (the proposed item); or

(b) an application has been made under subregulation 56(2) for

the determination of a translation of a GI (the proposed

item).

(2) The notice must:

(a) set out the proposed item; and

(b) invite persons to make written objections to the Registrar of

Trade Marks in relation to the proposed item on a ground set

out in regulation 58; and

(c) invite the objections to be made within the period of not less

than 1 month stated in the notice.

(3) If applications for determination of a GI and translation of the GI

are made at the same time, the Presiding Member may publish a

single notice in relation to both applications.

58 Grounds of objection to determination of foreign GI or

translation of foreign GI

Registered owner of a registered trade mark

(1) The registered owner of a registered trade mark may object to the

determination of a proposed item on one of the following grounds:

(a) that the trade mark consists of a word, expression or other

indication that is identical to the proposed item;

(b) that:

(i) the trade mark consists of a word, expression or other

indication; and

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 2 Objections based on pre-existing trade mark rights

Regulation 58

38 Australian Grape and Wine Authority Regulations 1981

(ii) the proposed item is likely to cause confusion with that

word, expression or other indication;

(c) that:

(i) the trade mark contains a word, expression or other

indication; and

(ii) the proposed item is likely to cause confusion with that

word, expression or other indication; and

(iii) the owner has trade mark rights in that word, expression

or other indication.

(2) The owner may object on the ground specified in paragraph (1)(c)

even if there are conditions or limitations entered on the Register

of Trade Marks suggesting that the owner does not have trade mark

rights to that word, expression or other indication.

Trade mark pending

(3) If a person has an application pending for the registration of a trade

mark under the Trade Marks Act 1995, the person may object to

the determination of a proposed item on one of the following

grounds:

(a) that:

(i) the application was made in good faith; and

(ii) the trade mark consists of a word, expression or other

indication that is identical to the proposed item; and

(iii) it appears that the requirements under the Trade Marks

Act 1995 for accepting an application for registration of

a trade mark would be satisfied in respect of the trade

mark applied for;

(b) that:

(i) the application was made in good faith; and

(ii) the trade mark consists of a word, expression or other

indication; and

(iii) the proposed item is likely to cause confusion with that

word, expression or other indication; and

(iv) it appears that the requirements under the Trade Marks

Act 1995 for accepting an application for registration of

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Objections based on pre-existing trade mark rights Division 2

Regulation 58

Australian Grape and Wine Authority Regulations 1981 39

a trade mark would be satisfied in respect of the trade

mark applied for;

(c) that:

(i) the application was made in good faith; and

(ii) the trade mark contains a word, expression or other

indication; and

(iii) the proposed item is likely to cause confusion with that

word, expression or other indication; and

(iv) it appears that the requirements under the Trade Marks

Act 1995 for accepting an application for registration of

a trade mark would be satisfied in respect of the trade

mark applied for; and

(v) after registration, the applicant would have trade mark

rights in the word, expression or other indication.

Trade mark not registered

(4) If a person claims to have trade mark rights in a trade mark that is

not registered, the person may object to the determination of a

proposed item on one of the following grounds:

(a) that:

(i) the trade mark consists of a word, expression or other

indication that is identical to the proposed item; and

(ii) the person has trade mark rights in that word, expression

or other indication; and

(iii) the rights were acquired through use in good faith;

(b) that:

(i) the trade mark consists of or contains a word,

expression or other indication; and

(ii) the proposed item is likely to cause confusion with that

word, expression or other indication; and

(iii) the person has trade mark rights in that word, expression

or other indication; and

(iv) the rights were acquired through use in good faith.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 2 Objections based on pre-existing trade mark rights

Regulation 58

40 Australian Grape and Wine Authority Regulations 1981

Common use

(5) A person may object to the determination of a proposed item on the

ground that the proposed item is used in Australia:

(a) as the common name of a type or style of wine; or

(b) as the name of a variety of grapes.

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Consideration of objections Division 3

Regulation 59

Australian Grape and Wine Authority Regulations 1981 41

Division 3—Consideration of objections

59 Application of Division 3

This Division applies if:

(a) the Registrar of Trade Marks receives an objection in relation

to the proposed item on a ground that is set out in

regulation 58; and

(b) the objection is received within the period stated in the notice

under regulation 57.

60 Definition for Division 3

In this Division:

party, in relation to proceedings mentioned in this Division, means

either of the following:

(a) the applicant under regulation 56 for a determination;

(b) a person who makes an objection under paragraph 57(2)(b).

61 Notice of objection

The Registrar of Trade Marks must notify the Geographical

Indications Committee in writing of the receipt and terms of the

objection.

62 Evidence

After notifying the Geographical Indications Committee, the

Registrar of Trade Marks must send each party a notice that:

(a) gives the name and address of the other party; and

(b) invites the party to file evidence in relation to a decision

about the matter; and

(c) states that any evidence must be filed 3 months or less from

the date of the notice.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 3 Consideration of objections

Regulation 63

42 Australian Grape and Wine Authority Regulations 1981

63 Evidence in answer

If a person files evidence in response to a notice sent under

regulation 62, the Registrar of Trade Marks must send the other

party a notice that:

(a) invites the party to file evidence in answer; and

(b) states that evidence in answer must be filed 2 months or less

from the date of the notice sent under this regulation, or any

longer period that the Registrar of Trade Marks thinks is

appropriate under the circumstances.

64 Request for hearing

(1) A party may, no more than 1 month after the end of the period

given under paragraph 63(b) for the acceptance of evidence in

answer, ask the Registrar of Trade Marks to conduct a hearing.

(2) The Registrar of Trade Marks must agree to a request made under

subregulation (1).

65 New evidence

(1) At any time before the Registrar of Trade Marks makes a decision

about an objection to a proposed item, but after the end of a period

specified by the Registrar of the Trade Marks for the filing of

evidence, a party may apply to the Registrar of Trade Marks, in

writing, to file new evidence.

(2) An application must include a statement:

(a) describing the new evidence; and

(b) giving the reasons why the new evidence was not filed within

the specified period.

(3) If, after considering the application, the Registrar of Trade Marks

decides that it is reasonable to allow the filing of the new evidence,

he or she must set a date by which the new evidence must be filed.

(4) If the new evidence is filed by the date mentioned in

subregulation (3), the Registrar of Trade Marks must send a notice

to the other party telling them that the new evidence is filed and

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Consideration of objections Division 3

Regulation 66

Australian Grape and Wine Authority Regulations 1981 43

setting a reasonable period for the party to file evidence in answer

to it.

66 Parties to send copies of evidence to each other

Evidence in relation to proceedings under this Division is not taken

to be validly filed unless the party filing the evidence:

(a) gives a copy of the evidence to the other party; and

(b) includes, with the evidence being filed, a statement setting

out the date, place and manner in which the copy was given

to the other party.

67 Decision by Registrar of Trade Marks

(1) The Registrar of Trade Marks must, as soon as practicable after the

last day set for evidence to be filed, make a decision in writing

whether the ground of objection is or is not made out by

considering:

(a) the notice published under regulation 57 and any related

documents; and

(b) the documents filed by the parties; and

(c) any other matter that the Registrar of Trade Marks thinks is

relevant.

(2) If a hearing is held, the Registrar of Trade Marks must also invite

submissions from the parties and consider the submissions.

(3) The Registrar of Trade Marks must not make a decision under

subregulation (1) if the registered trade mark concerned is the

subject of removal or cancellation proceedings.

(4) The Registrar of Trade Marks must decide that the ground of the

objection is not made out if:

(a) the person objecting to the proposed item does not file any

evidence within the period mentioned in paragraph 62(c); or

(b) the person objecting to the proposed item withdraws the

notice of objection before the Registrar of Trade Marks

makes a decision about the objection.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 3 Consideration of objections

Regulation 68

44 Australian Grape and Wine Authority Regulations 1981

68 Recommendation by Registrar of Trade Marks to determine

foreign GI or translation of foreign GI despite objection

being made out

(1) If:

(a) the Registrar of Trade Marks decides that the ground of

objection is made out; and

(b) the Registrar of Trade Marks is satisfied that it is reasonable

in the circumstances to recommend to the Geographical

Indications Committee that the proposed item be determined

despite the objection having been made out;

the Registrar of Trade Marks may make that recommendation to

the Committee in writing.

Note 1: For example, it may be reasonable for the Registrar of Trade Marks to

make such a recommendation if the Registrar of Trade Marks is

satisfied that the proposed item was in use in Australia before the

trade mark rights arose.

Note 2: If a recommendation is made under subregulation (1), the Committee

may determine a GI or a translation of a GI—see subregulation 86(5).

(2) In determining whether it is reasonable in the circumstances to

make the recommendation, the Registrar of Trade Marks must have

regard to Australia‘s international obligations.

69 Notice of decision

(1) The Registrar of Trade Marks must, in writing, inform the

Geographical Indications Committee and each party of the

Registrar of Trade Marks‘s decision in relation to the objection

under regulation 67 and any recommendation that has been made

under regulation 68.

(2) After receiving notice of a decision, the Presiding Member of the

Committee must publish a notice:

(a) setting out the proposed item; and

(b) stating that a decision of the Registrar of Trade Marks has

been made in relation to the proposed item; and

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Consideration of objections Division 3

Regulation 70

Australian Grape and Wine Authority Regulations 1981 45

(c) setting out the terms of the decision made under

regulation 67 and any recommendation made under

regulation 68 in relation to the proposed item.

(3) The notice under subregulation (2) is to be published in the manner

that the Committee thinks appropriate.

70 Fees for Division 3 proceedings

(1) In proceedings mentioned in this Division, the fees specified in

column 3 of an item in the following table are payable in respect of

a matter specified in column 2 of the item.

(2) A fee imposed by subregulation (1) must be paid to the Registrar of

Trade Marks.

(3) The Registrar of Trade Marks must not deal with a matter until the

fee for the matter is paid.

Item Matter Fee

1 Filing a notice of objection in response to an invitation under

paragraph 57(2)(b)

$500

2 Applying to file new evidence under subregulation 65(1) $100

3 Filing evidence under regulation 62, 63 or 65 (that is, evidence

in support, evidence in answer or new evidence)

$375

4 Requesting a hearing under subregulation 64(1) $500

5 Attending a hearing $500 per day

or part of a

day

(4) If a person requests a hearing and pays the fee mentioned in item 4

of the table in respect of the hearing, the fee in item 5 of the table

applies to the person only for the second and any subsequent day of

the hearing.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 3 Consideration of objections

Regulation 71

46 Australian Grape and Wine Authority Regulations 1981

71 Costs

The Registrar of Trade Marks is not entitled to make an order for

costs in proceedings mentioned in this Division.

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Decision that ground of objection no longer exists Division 4

Regulation 72

Australian Grape and Wine Authority Regulations 1981 47

Division 4—Decision that ground of objection no longer

exists

72 Definition for Division 4

In this Division:

party, in relation to proceedings mentioned in this Part, means any

of the following:

(a) the person who makes an application under regulation 73;

(b) if the objection was made on a ground in subregulation 58(1),

(3) or (4)—the owner of the trade mark concerned;

(c) if the objection was made on a ground in

subregulation 58(5)—the person who made the objection;

(d) if the applicant for the determination of the proposed item to

which the objection relates is not the person mentioned in

paragraph (a)—the applicant for the determination.

73 Application for decision

If the Registrar of Trade Marks has made a decision under

regulation 67 that a ground of objection has been made out, a

person may apply in writing to the Registrar of Trade Marks for a

decision that circumstances have changed since that decision was

made, such that the ground of objection no longer exists.

74 Notice of application

If the Registrar of Trade Marks receives an application under

regulation 73, the Registrar of Trade Marks must notify the

Geographical Indications Committee in writing of the receipt and

terms of the application.

75 Evidence

After notifying the Geographical Indications Committee, the

Registrar of Trade Marks must send each party a notice that:

(a) gives the name and address of each other party; and

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 4 Decision that ground of objection no longer exists

Regulation 76

48 Australian Grape and Wine Authority Regulations 1981

(b) invites the party to file evidence in relation to a decision

about the matter; and

(c) states that any evidence must be filed 3 months or less after

the date of the notice.

76 Evidence in answer

If a person files evidence in response to a notice sent under

regulation 75, the Registrar of Trade Marks must send each party a

notice that:

(a) invites the party to file evidence in answer to another party‘s

evidence; and

(b) states that evidence in answer must be filed 2 months or less

from the date of the notice sent under this regulation, or any

longer period that the Registrar of Trade Marks thinks is

appropriate under the circumstances.

77 Request for hearing

(1) A party may, no more than 1 month after the end of the period

given under paragraph 76(b) for the acceptance of evidence in

answer, ask the Registrar of Trade Marks to conduct a hearing.

(2) The Registrar of Trade Marks must agree to a request made under

subregulation (1).

78 New evidence

(1) At any time before the Registrar of Trade Marks makes a decision

about whether a ground of objection to a proposed item no longer

exists, but after the end of a period specified by the Registrar of

Trade Marks for the filing of evidence, a party may apply to the

Registrar of Trade Marks, in writing, to file new evidence.

(2) An application must include a statement:

(a) describing the new evidence; and

(b) giving the reasons why the new evidence was not filed within

the specified period.

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Decision that ground of objection no longer exists Division 4

Regulation 79

Australian Grape and Wine Authority Regulations 1981 49

(3) If, after considering the application, the Registrar of Trade Marks

decides that it is reasonable to allow the filing of the new evidence,

he or she must set a date by which the new evidence must be filed.

(4) If the new evidence is filed by the date mentioned in

subregulation (3), the Registrar of Trade Marks must send a notice

to the other parties telling them that the new evidence is filed and

setting a reasonable period for the parties to file evidence in answer

to it.

79 Parties to send copies of evidence to each other

Evidence in relation to proceedings under this Division is not taken

to be validly filed unless the party filing the evidence:

(a) gives a copy of the evidence to each other party; and

(b) includes, with the evidence being filed, a statement setting

out the date, place and manner in which the copy was given

to each other party.

80 Decision by Registrar of Trade Marks

(1) The Registrar of Trade Marks must, as soon as practicable after the

last day set for evidence to be filed, decide whether the ground of

objection no longer exists by considering:

(a) the documents filed by the parties; and

(b) any other matter that the Registrar of Trade Marks thinks is

relevant.

(2) If a hearing is held, the Registrar of Trade Marks must also invite

submissions from the parties and consider the submissions.

(3) The Registrar of Trade Marks must not make a decision under

subregulation (1) if the registered trade mark concerned is the

subject of removal or cancellation proceedings.

(4) The Registrar of Trade Marks must decide that the ground of

objection continues to exist if no party files evidence within the

period mentioned in paragraph 75(c).

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 4 Decision that ground of objection no longer exists

Regulation 81

50 Australian Grape and Wine Authority Regulations 1981

81 Withdrawal of application

(1) If the applicant under regulation 73 withdraws the application

before the Registrar of Trade Marks makes a decision under this

Division, the Registrar of Trade Marks must continue the

proceedings if requested to do so by another party.

(2) However, if no party makes a request to continue, the Registrar of

Trade Marks must decide that the ground of objection continues to

exist.

82 Notice of decision

(1) The Registrar of Trade Marks must, in writing, inform the

Geographical Indications Committee and each party of the

Registrar of Trade Marks‘s decision.

(2) After receiving notice of a decision from the Registrar of Trade

Marks, the Presiding Member of the Committee must publish a

notice:

(a) setting out the proposed item; and

(b) stating that a decision of the Registrar has been made in

relation to the proposed item; and

(c) setting out the terms of the decision.

(3) The notice under subregulation (2) is to be published in the manner

that the Committee thinks appropriate.

83 Fees for Division 4 proceedings

(1) In proceedings mentioned in this Division, the fees specified in

column 3 of an item in the following table are payable in respect of

a matter specified in column 2 of the item.

(2) A fee imposed by subregulation (1) must be paid to the Registrar of

Trade Marks.

(3) The Registrar of Trade Marks must not deal with a matter until the

fee for the matter is paid.

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Decision that ground of objection no longer exists Division 4

Regulation 84

Australian Grape and Wine Authority Regulations 1981 51

Item Matter Fee

1 Making an application for a decision under regulation 73 $500

2 Applying to file new evidence under regulation 78 $100

3 Filing evidence under regulation 75, 76 or 78 (that is,

evidence in support, evidence in answer or new evidence)

$375

4 Requesting a hearing under regulation 77 $500

5 Attending a hearing $500 per day

or part of a

day

(4) If a person requests a hearing and pays the fee mentioned in item 4

of the table in respect of the hearing, the fee in item 5 of the table

applies to the person only for the second and any subsequent day of

the hearing.

84 Costs

The Registrar of Trade Marks is not entitled to make an order for

costs in proceedings mentioned in this Division.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 5 Appeals

Regulation 85

52 Australian Grape and Wine Authority Regulations 1981

Division 5—Appeals

85 Decisions appellable to Federal Court

For subsection 40ZAR(1) of the Act, decisions of the Registrar of

Trade Marks made under the following provisions are prescribed:

(a) subregulation 67(1) (a decision that a ground of objection is

or is not made out);

(b) subregulation 68(1) (a recommendation that a proposed item

be determined or a refusal to make such a recommendation);

(c) subregulation 80(1) (a decision that a ground of objection no

longer exists or a refusal to make such a decision).

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Determinations of foreign GIs and translations of foreign GIs by Geographical

Indications Committee Division 6

Regulation 86

Australian Grape and Wine Authority Regulations 1981 53

Division 6—Determinations of foreign GIs and translations

of foreign GIs by Geographical Indications

Committee

86 When Geographical Indications Committee may proceed to make

a determination

(1) The Geographical Indications Committee may determine a GI or

translation of a GI if no objection to which Division 3 applies was

made to the proposed item within the period stated in the notice

under regulation 57 setting out the proposed item.

(2) If an objection was made to which Division 3 applies, the

Committee:

(a) must not proceed to make a determination until the

requirements of regulation 69 have been complied with; and

(b) may only make a determination in the circumstances set out

in the following subregulations.

Ground of objection not made out

(3) The Committee may determine a GI or translation of a GI that was

the subject of a decision under regulation 67 if:

(a) all appeals against, or reviews of, the decision in relation to

the proposed item have been finalised; and

(b) the decision standing after the appeals and reviews have been

finalised is that a ground of objection has not been made out

in relation to the proposed item.

Ground of objection made out and person agrees to determination

being made

(4) The Committee may determine a GI or translation of a GI that is

the subject of a decision that a ground of objection has been made

out, if the person who objected to the determination of the

proposed item has agreed, by notice in writing given to the

Committee, to the determination of the proposed item.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 6 Determinations of foreign GIs and translations of foreign GIs by

Geographical Indications Committee

Regulation 86

54 Australian Grape and Wine Authority Regulations 1981

Ground of objection made out and a recommendation is made

under regulation 68

(5) The Committee may determine a GI or translation of a GI that is

the subject of a decision that a ground of objection has been made

out, if:

(a) a recommendation has been made to the Committee under

regulation 68 that the proposed item should be determined

despite the ground of objection having been made out; and

(b) all appeals against, or reviews of, the decision to make that

recommendation have been finalised; and

(c) the decision standing after the appeals and reviews have been

finalised is that the recommendation is made.

Ground of objection made out and decision made under

regulation 80

(6) The Committee may determine a GI or translation of a GI that is

the subject of a decision that a ground of objection has been made

out, if:

(a) a decision has been made under regulation 80 that the ground

of objection no longer exists; and

(b) all appeals against, or reviews of, the decision that the ground

no longer exists have been finalised; and

(c) the decision standing after the appeals and reviews have been

finalised is that the ground no longer exists.

No determination of translation without corresponding GI

(7) However, the Committee must not determine a translation of a GI

if:

(a) the application for determination of the translation under

subregulation 56(2) was made at the same time as an

application for determination of the GI was made under

subregulation 56(1); and

(b) the Committee is not permitted under this regulation to

proceed to determine the GI.

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Determinations of foreign GIs and translations of foreign GIs by Geographical

Indications Committee Division 6

Regulation 87

Australian Grape and Wine Authority Regulations 1981 55

87 Consultation by Committee

In determining a GI or translation of a GI, the Committee may

consult any organisation or person it thinks appropriate.

88 Determining foreign GIs

(1) In determining a GI, the Committee must:

(a) identify in the determination the boundaries of the area or

areas in the region or locality to which the determination

relates; and

(b) determine the indication to be used to indicate that area or

those areas; and

(c) determine any conditions of use that are to be applicable to

the GI.

(2) The Committee must not:

(a) determine a GI that is different to the GI proposed in the

application under subregulation 56(1); or

(b) determine boundaries different to those proposed in the

application.

(3) The Committee must have regard to the following criterion:

(a) whether the GI is protected by the laws of the country where

the area is located.

(4) The Committee may have regard to any other matter it considers

relevant.

(5) However, the Committee must not consider any submission to the

extent that the submission asserts a trade mark right in respect of

the proposed GI.

89 Determining translations

(1) In determining a translation of a GI, the Committee must:

(a) identify the GI to which the translation relates; and

(b) determine the translation to be used; and

(c) determine any conditions of use that are to be applicable to

the translation.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 6 Determinations of foreign GIs and translations of foreign GIs by

Geographical Indications Committee

Regulation 90

56 Australian Grape and Wine Authority Regulations 1981

(2) The Committee must not determine a different translation to the

translation that was proposed in the application under

subregulation 56(2).

(3) The Committee must have regard to the following criterion:

(a) the translation must convey or evoke the significance of the

GI to which it relates.

(4) The Committee may have regard to any other matter it considers

relevant.

(5) However, the Committee must not consider any submission to the

extent that the submission asserts a trade mark right in respect of

the proposed translation.

90 Interim determination

(1) A determination by the Geographical Indications Committee under

regulation 88 or regulation 89 is to be an interim determination in

the first instance.

(2) An interim determination does not have effect.

91 Publication of notice of interim determination

(1) The Presiding Member of the Committee must publish a notice,

stating that the interim determination has been made and setting

out the terms of the determination, in any manner that the

Committee thinks appropriate.

(2) The notice must invite persons to make written submissions to the

Committee in relation to the determination within a period of not

less than 1 month that is stated in the notice.

(3) If interim determinations are made of both a GI and a translation of

the GI, the Presiding Member may publish a single notice in

relation to both determinations.

92 Final determination

After considering any submissions made to it, the Geographical

Indications Committee may make a final determination.

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Determinations of foreign GIs and translations of foreign GIs by Geographical

Indications Committee Division 6

Regulation 93

Australian Grape and Wine Authority Regulations 1981 57

93 Publication of notice of final determination

(1) The Presiding Member of the Geographical Indications Committee

must publish a notice, stating that a final determination has been

made and setting out the terms of the determination, in any manner

that the Committee thinks appropriate.

(2) The notice must include a statement to the effect that:

(a) subject to the Administrative Appeals Tribunal Act 1975,

application may be made, by or on behalf of any person

whose interests are affected by the determination, to the

Administrative Appeals Tribunal for review of the

determination; and

(b) unless subsection 28(4) of that Act applies, application may

be made in accordance with section 28 of that Act by or on

behalf of that person for a statement in writing setting out the

findings on material questions of fact, referring to the

evidence or other material on which those findings were

based and giving the reasons for the determination; and

(c) if a decision has been made under regulation 67,

regulation 68 or regulation 80 before the final determination:

(i) no application to the Administrative Appeals Tribunal

may be made in respect of that decision; and

(ii) an appeal lies to the Federal Court in respect of that

decision under regulation 85.

(3) If final determinations are made of both a GI and a translation of

the GI, the Presiding Member may publish a single notice in

relation to both determinations.

(4) Any failure to comply with subregulation (2) in relation to a

determination does not affect the validity of the determination.

94 Review of final determination

(1) Application may be made to the Administrative Appeals Tribunal

for review of a final determination.

Note: Under regulation 85, an appeal lies to the Federal Court from a

decision under regulation 67, 68 or 80.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 6 Determinations of foreign GIs and translations of foreign GIs by

Geographical Indications Committee

Regulation 95

58 Australian Grape and Wine Authority Regulations 1981

(2) Despite paragraph 29(1)(d) and subsection 29(2) of the

Administrative Appeals Tribunal Act 1975, an application to the

Tribunal for review of a final determination must be made within

28 days after notice of the determination is published in accordance

with regulation 93.

(3) Despite subsection 29(8) of the Administrative Appeals Tribunal

Act 1975, an application under subsection 29(7) of that Act in

respect of a final determination must be made before the time fixed

by subregulation (2) ends.

95 Date of effect of final determination

(1) The Presiding Member of the Geographical Indications Committee

must give a copy of the final determination to the Registrar so that

particulars of the determination can be included in the Register:

(a) if an application is made to the Administrative Appeals

Tribunal under regulation 94 for review of the

determination—as soon as practicable after the decision of

the Tribunal on the review is given; or

(b) otherwise—as soon as practicable after the 28th day after

notice of the determination is published in accordance with

regulation 93.

(2) When the Presiding Member gives a copy of a final determination

to the Registrar, the Presiding Member must also give a copy to the

Chair of the Authority.

(3) A final determination of the Committee takes effect on the day on

which particulars of the determination are included in the Register.

(4) However, a final determination in relation to a translation of a GI

does not take effect, and particulars must not be included in the

Register, if the GI to which it relates is not included in the

Register.

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Omission of foreign GIs and translations of foreign GIs Division 7

Regulation 96

Australian Grape and Wine Authority Regulations 1981 59

Division 7—Omission of foreign GIs and translations of

foreign GIs

Subdivision 1—Omission for non-use or loss of significance

96 Definition for Subdivision 1

In this Subdivision:

item proposed to be omitted means the entry in the Register that an

application under regulation 97 relates to, which may be:

(a) a registered GI in relation to a foreign country or a region or

locality in a foreign country; or

(b) a registered translation of a GI in relation to a foreign country

or a region or locality in a foreign country; or

(c) both a registered GI in relation to a foreign country or a

region or locality in a foreign country and the registered

translation of that GI.

97 Application for omission of foreign GI or translation of foreign

GI

(1) A person may apply to the Geographical Indications Committee to

omit from the Register a GI in relation to a foreign country or a

region or locality in a foreign country, on the ground that the GI is

not in use.

(2) If an application is made to omit a GI from the Register, and a

translation of that GI is included in the Register, the application is

taken to be for omission of both the GI and the translation.

(3) A person may apply to the Committee to omit a registered

translation from the Register on the ground that the translation no

longer conveys or evokes the significance of the GI for which it

was registered.

(4) An application under subregulation (1) or (3) must be accompanied

by the fee (if any) charged by the Authority for the making of the

application.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 7 Omission of foreign GIs and translations of foreign GIs

Regulation 98

60 Australian Grape and Wine Authority Regulations 1981

(5) The Authority may waive the fee.

(6) If the application is not accompanied by the fee, and the fee is not

waived by the Authority, the application is treated as having never

been made.

98 Further information concerning application

(1) For the purposes of determining the application, the Committee

may, by notice in writing, require the applicant to provide such

further information as the Committee directs, within the period

specified in the notice.

(2) If the applicant does not comply with this requirement, the

application is taken to have been withdrawn.

(3) The notice must include a statement about the effect of

subregulation (2).

99 Notice by Committee

If the Geographical Indications Committee receives an application

under regulation 97, the Presiding Member of the Committee must

publish a notice in the manner that the Committee thinks

appropriate:

(a) setting out the item proposed to be omitted; and

(b) stating that an application under regulation 97 has been

made; and

(c) inviting persons to make written submissions to the

Committee in relation to the application within the period of

not less than 1 month that is stated in the notice.

100 Determination by Committee

(1) After considering any submissions made to it in response to a

notice under regulation 99, the Committee must determine whether

to omit the item proposed to be omitted.

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Omission of foreign GIs and translations of foreign GIs Division 7

Regulation 100

Australian Grape and Wine Authority Regulations 1981 61

Omission of GI

(2) The Committee may, in writing, make a determination to omit a GI

if the Committee is satisfied of the following matters:

(a) that the GI has been registered for more than 5 years before

the date of the notice under regulation 99;

(b) that the GI has not been used during the 3 years before the

date of the notice under regulation 99;

(c) that no special circumstances exist in relation to the country,

region or locality indicated by the GI that would preclude the

making of a determination to omit the GI from the Register.

(3) For the purposes of paragraph (2)(b), a GI has not been used if:

(a) there has not been a production of wine for commercial use

originating in the country, region or locality indicated by the

GI; and

(b) wine originating in the country, region or locality indicated

by the GI has not been described and presented for sale in

Australia using the GI or a registered translation of the GI;

and

(c) wine originating in the country, region or locality indicated

by the GI has not been described and presented for sale in the

country of origin using the GI or a registered translation of

the GI.

(4) For the purposes of paragraph (2)(c), special circumstances exist if:

(a) the country, region or locality indicated by the GI has been

affected by fire, drought or some other disaster; and

(b) as a result of being so affected, there has not been a

production of wine for commercial use originating in the

country, region or locality indicated by the GI during the

period of 3 years immediately before the date of the notice

under regulation 99.

Omission of translation of GI

(5) The Committee may, in writing, make a determination to omit a

translation of a GI if the Committee is satisfied that the translation

no longer conveys or evokes the significance of the GI for which it

was registered.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 7 Omission of foreign GIs and translations of foreign GIs

Regulation 101

62 Australian Grape and Wine Authority Regulations 1981

(6) If the application under regulation 97 is for omission of both a GI

and its translation, the Committee may make a determination to

omit the translation without omitting the GI if the Committee is

satisfied of the matters in subregulation (5) in relation to the

translation.

(7) The Committee must make a determination to omit a translation of

a GI if it makes a determination to omit the GI.

101 Notice of determination

(1) The Presiding Member of the Geographical Indications Committee

must:

(a) give a notice of the Committee‘s determination to the

applicant; and

(b) if the determination made is to omit a GI, a translation of a

GI or both a GI and its translation from the Register—publish

a notice setting out the terms of the determination.

(2) The notice under paragraph (1)(b) is to be published in the manner

that the Committee thinks appropriate.

102 AAT review of a determination

(1) Application may be made to the Administrative Appeals Tribunal

for review of a determination made under regulation 100.

(2) Despite paragraph 29(1)(d) and subsection 29(2) of the

Administrative Appeals Tribunal Act 1975, an application to the

Tribunal for review of a determination under regulation 100 must

be made within 28 days after notice of the determination is

published in accordance with regulation 101.

(3) Despite subsection 29(8) of the Administrative Appeals Tribunal

Act 1975, an application under subsection 29(7) of that Act in

respect of a determination under regulation 100 must be made

before the time fixed by subregulation (2) ends.

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Omission of foreign GIs and translations of foreign GIs Division 7

Regulation 103

Australian Grape and Wine Authority Regulations 1981 63

103 Date of effect of determination to omit item

(1) If the determination made by the Geographical Indications

Committee under regulation 100 is a determination to omit a GI, a

translation of a GI or both a GI and its translation from the

Register, the Presiding Member of the Committee must give a copy

of the determination to the Registrar so that particulars of the

determination can be omitted from the Register:

(a) if an application is made to the Administrative Appeals

Tribunal under regulation 102 for review of the

determination—as soon as practicable after the decision of

the Tribunal on the review is given; or

(b) otherwise—as soon as practicable after the 28th day after

notice of the determination is published in accordance with

regulation 101.

(2) When the Presiding Member gives a copy of the determination to

the Registrar, the Presiding Member must also give a copy to the

Chair of the Authority.

(3) The determination of the Committee takes effect on the day on

which particulars of the item or items are omitted from the

Register.

Subdivision 2—Omission because not protected in country of

origin and not used in Australia

104 Application for omission of foreign GI

(1) A person may apply to the Geographical Indications Committee to

omit from the Register a GI in relation to a foreign country or a

region or locality in a foreign country, on the ground that the GI is

not protected in the country to which it relates and is not in use in

Australia.

(2) The application must be accompanied by the fee (if any) charged

by the Authority for the making of the application.

(3) The Authority may waive the fee.

Federal Register of Legislative Instruments F2014C00910

Part 6A Determination of foreign GIs and translations of foreign GIs

Division 7 Omission of foreign GIs and translations of foreign GIs

Regulation 105

64 Australian Grape and Wine Authority Regulations 1981

(4) If the application is not accompanied by the fee, and the fee is not

waived by the Authority, the application is treated as having never

been made.

105 Further information concerning application

(1) For the purposes of determining the application, the Committee

may, by notice in writing, require the applicant to provide such

further information as the Committee directs, within the period

specified in the notice.

(2) If the applicant does not comply with this requirement, the

application is taken to have been withdrawn.

(3) The notice must include a statement about the effect of

subregulation (2).

106 Notice by Committee

If the Geographical Indications Committee receives an application

under regulation 104, the Presiding Member of the Committee

must publish a notice in the manner that the Committee thinks

appropriate:

(a) stating that an application under regulation 104 has been

made and setting out the GI; and

(b) inviting persons to make written submissions to the

Committee in relation to the application within the period of

not less than 1 month that is stated in the notice.

107 Determination by Committee

(1) After considering any submissions made to it in response to a

notice under regulation 106, the Committee must determine

whether to omit the GI.

(2) The Committee must make a determination to omit the GI from the

Register if it is satisfied of the following matters:

(a) the GI is not protected by the laws of the country where the

area indicated by the GI is located;

Federal Register of Legislative Instruments F2014C00910

Determination of foreign GIs and translations of foreign GIs Part 6A

Omission of foreign GIs and translations of foreign GIs Division 7

Regulation 108

Australian Grape and Wine Authority Regulations 1981 65

(b) in the 3 years before the date of the notice under

regulation 106, wine originating in the country, region or

locality indicated by the GI has not been described and

presented for sale in Australia using the GI or a registered

translation of the GI.

(3) The Committee must make a determination in writing not to omit

the GI from the Register if it is not satisfied of either or both of the

matters in subregulation (2).

(4) If the Committee makes a determination to omit a GI for which

there is a registered translation, the Committee must also make a

determination to omit the translation.

108 Notice of determination

The Presiding Member of the Geographical Indications Committee

must:

(a) give a notice of the Committee‘s determination to the

applicant; and

(b) publish a notice setting out the terms of the determination in

any manner that the Committee thinks appropriate.

109 Date of effect of determination to omit foreign GI

(1) If the determination made by the Geographical Indications

Committee under regulation 107 is to omit the GI from the

Register, the Presiding Member of the Committee must give a copy

of the determination to the Register so that particulars of the

determination can be omitted from the Register as soon as

practicable.

(2) When the Presiding Member gives a copy of the determination to

the Registrar, the Presiding Member must also give a copy to the

Chair of the Authority.

(3) The determination of the Committee takes effect on the day on

which particulars of the GI are omitted from the Register.

Federal Register of Legislative Instruments F2014C00910

Part 7 Miscellaneous

Regulation 110

66 Australian Grape and Wine Authority Regulations 1981

Part 7—Miscellaneous

110 Registration not intended to create or affect trade mark rights

The inclusion of a GI or a translation of a GI in Part 1 of the

Register is not intended to create or affect a right under the Trade

Marks Act 1995 or at common law in respect of a trade mark.

111 Delegation

(1) The Authority may, by writing under its common seal, delegate any

or all of its powers under these Regulations (except this power of

delegation) to a person or to a committee appointed under section 11

of the Act.

(2) A power delegated under subregulation (1), if exercised by the

delegate, is taken to have been exercised by the Authority.

(3) A delegation under subregulation (1) does not prevent the exercise of

a power by the Authority.

Federal Register of Legislative Instruments F2014C00910

Geographical indications and traditional expressions Schedule 1

Australian Grape and Wine Authority Regulations 1981 67

Schedule 1—Geographical indications and

traditional expressions (regulation 13)

Amontillado

Auslese

Burgundy

Chablis

Champagne

Claret

Fino

Graves

Manzanilla

Marsala

Moselle

Oloroso

Port

Sauternes

Sherry

Spatlese

White Burgundy

Federal Register of Legislative Instruments F2014C00910

Schedule 2 Varieties

68 Australian Grape and Wine Authority Regulations 1981

Schedule 2—Varieties (regulation 16)

Alicante Bouchet

Barbera

Carignan

Carignane

Chardonnay

Orange Muscat

Pinot Chardonnay

Rhine Riesling

Trebbiano

Federal Register of Legislative Instruments F2014C00910

Trade Marks Schedule 3

Australian Grape and Wine Authority Regulations 1981 69

Schedule 3—Trade Marks (regulation 17A)

Ilya

Karloff

Lienert of Mecklenburg

Lindauer

Montana

Salena Estate

The Bissy

Federal Register of Legislative Instruments F2014C00910

Schedule 4 Modification of Division 4 of Part VIB of the Act

70 Australian Grape and Wine Authority Regulations 1981

Schedule 4—Modification of Division 4 of

Part VIB of the Act (regulation 28A)

1 After subsection 40RB(4)

insert

Common use

(5) A person may object to the determination of a proposed GI on the

ground that the proposed GI is used in Australia:

(a) as the common name of a type or style of wine; or

(b) as the name of a variety of grapes.

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 1—About the endnotes

Australian Grape and Wine Authority Regulations 1981 71

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this compilation and its

provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word ―none‖ will

appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in

the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended the compiled law. The information includes commencement

information for amending laws and details of application, saving or transitional

provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision level. It also includes information about any provisions that have

expired or otherwise ceased to have effect in accordance with a provision of the

compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the

compiled law, but the text of the amendments is included in endnote 5.

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 1—About the endnotes

72 Australian Grape and Wine Authority Regulations 1981

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the

modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment

cannot be incorporated into the text of the compilation. Any misdescribed

amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader

of the compilation.

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 2—Abbreviation key

Australian Grape and Wine Authority Regulations 1981 73

Endnote 2—Abbreviation key

ad = added or inserted pres = present

am = amended prev = previous

c = clause(s) (prev) = previously

Ch = Chapter(s) Pt = Part(s)

def = definition(s) r = regulation(s)/rule(s)

Dict = Dictionary Reg = Regulation/Regulations

disallowed = disallowed by Parliament reloc = relocated

Div = Division(s) renum = renumbered

exp = expired or ceased to have effect rep = repealed

hdg = heading(s) rs = repealed and substituted

LI = Legislative Instrument s = section(s)

LIA = Legislative Instruments Act 2003 Sch = Schedule(s)

mod = modified/modification Sdiv = Subdivision(s)

No = Number(s) SLI = Select Legislative Instrument

o = order(s) SR = Statutory Rules

Ord = Ordinance Sub-Ch = Sub-Chapter(s)

orig = original SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 3—Legislation history

74 Australian Grape and Wine Authority Regulations 1981

Endnote 3—Legislation history

Number and year FRLI registration or

gazettal

Commencement Application, saving

and transitional

provisions

1981 No. 156 23 June 1981 1 July 1981 (see Gazette

1981, No. S123)

1986 No. 161 30 June 1986 1 July 1986 r. 8

1993 No. 374 24 Dec 1993 24 Dec 1993 —

1994 No. 338 11 Oct 1994 11 Oct 1994 —

2000 No. 130 28 June 2000 1 Jan 2001 r. 4

2001 No. 76 27 Apr 2001 27 Apr 2001 —

2002 No. 60 5 Apr 2002 5 Apr 2002 —

2003 No. 191 31 July 2003 1 Aug 2003 —

2004 No. 252 26 Aug 2004 1 Jan 2005 (see r. 2) —

2005 No. 39 24 Mar 2005 (see

F2005L00752)

25 Mar 2005 —

2005 No. 245 15 Nov 2005 (see

F2005L03397)

16 Nov 2005 —

2010 No. 217 23 July 2010 (see

F2010L02118)

rr. 1–3: 24 July 2010

r. 4, 5 and Schedules 1

and 2: 1 Sept 2010

(see r. 2 and

F2010L02117)

rr. 4 and 5

2011 No. 85 20 June 2011 (see

F2011L01078)

21 June 2011 —

2012 No. 161 13 July 2012 (see

F2012L01554)

14 July 2012 —

205, 2013 6 Aug 2013 (see

F2013L01519)

7 Aug 2013 —

70, 2014 13 June 2014 (see

F2014L00707)

Sch 1: 14 June 2014

Sch 2 (items 3–22):

1 July 2014

—

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 4—Amendment history

Australian Grape and Wine Authority Regulations 1981 75

Endnote 4—Amendment history

Provision affected How affected

Part 1

Heading to Part 1 ...........................ad. 1993 No. 374

r. 1..................................................am. 1993 No. 374

rs. 2000 No. 130

am. 2011 No. 85; No 70, 2014

r. 3..................................................am. 1986 No. 161

rs. 1993 No. 374

am. 2004 No. 252; 2005 No. 39; 2010 No. 217; 2011 No. 85; No 70,

2014

r. 4..................................................rs. 1993 No. 374

Part 2

Heading to Part 2 ...........................ad. 1993 No. 374

r. 5..................................................am. 1986 No. 161; 1993 No. 374; 2005 No. 39; No 70, 2014

r. 6..................................................rs. 1993 No. 374

am. 2005 No. 39; 2010 No. 217; No 70, 2014

r. 6AA............................................ad. 2003 No. 191

rep. 2010 No. 217

r. 6A...............................................ad. 1993 No. 374

rs. 2005 No. 245; 2010 No. 217

am No 70, 2014

r. 6B...............................................ad. 2010 No. 217

am No. 205, 2013

r. 7..................................................rs. 1993 No. 374

am. 2005 No. 39; 2010 No. 217; No 70, 2014

hdg to r 8........................................rs No 70, 2014

r. 8..................................................am. 1993 No. 374

rs. 2005 No. 39

am No 70, 2014

r. 9..................................................am. 1986 No. 161; 1993 No. 374; 2005 No. 39; No 70, 2014

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 4—Amendment history

76 Australian Grape and Wine Authority Regulations 1981

Provision affected How affected

r. 10................................................am. 1986 No. 161; 1993 No. 374; 2005 Nos. 39 and 245; 2010 No. 217;

No 70, 2014

hdg to r 11......................................rs No 70, 2014

r. 11................................................am. 1993 No. 374; 2002 No. 60; No 70, 2014

Part 2A

Part 2A...........................................ad. 2010 No. 217

r. 11A.............................................ad. 2010 No. 217

Part 3

Part 3..............................................ad. 1993 No. 374

r. 12................................................rep. 1986 No. 161

ad. 1993 No. 374

am. 2005 No. 39

r. 13................................................ad. 1993 No. 374

rs. 2000 No. 130; 2010 No. 217

r. 14................................................ad. 1993 No. 374

am. 2010 No. 217

r. 15................................................ad. 1993 No. 374

am. 2010 No. 217

r. 16................................................ad. 1993 No. 374

rep. 2000 No. 130

ad. 2010 No. 217

r. 17................................................ad.1993 No. 374

am. 2000 No. 130

rs. 2010 No. 217

r. 17A.............................................ad. 2004 No. 252

rs. 2010 No. 217

Part 4

Heading to Part 4 ...........................rs. 2001 No. 76

Part 4..............................................ad. 1993 No. 374

r. 18................................................ad. 1993 No. 374

Heading to r. 19 .............................rs. 2001 No. 76

r. 19................................................ad. 1993 No. 374

am. 2000 No. 130; 2001 No. 76

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 4—Amendment history

Australian Grape and Wine Authority Regulations 1981 77

Provision affected How affected

rs. 2010 No. 217

Heading to r. 20 .............................rs. 2001 No. 76

r. 20................................................ad. 1993 No. 374

am. 2000 No. 130; 2001 No. 76

rs. 2010 No. 217

Heading to r. 21 .............................rs. 2001 No. 76; No 70, 2014

Subhead to r 21(1)..........................ad No 70, 2014

Subhead to r 21(2)..........................rs No 70, 2014

Subhead to r 21(3)..........................rs No 70, 2014

Subhead to r 21(5)..........................rs No 70, 2014

r. 21................................................ad. 1993 No. 374

am. 1994 No. 338; 2001 No. 76; No 70, 2014

rs. 2010 No. 217

Heading to r. 22 .............................rs. 2001 No. 76

r. 22................................................ad. 1993 No. 374

am. 2001 No. 76; 2010 No. 217

Part 4A

Part 4A...........................................ad. 2010 No. 217

r. 22A.............................................ad. 2010 No. 217

am No 70, 2014

Part 5

Heading to Part 5 ...........................rs. 2010 No. 217

Part 5..............................................ad. 1994 No. 338

r. 23................................................ad. 1994 No. 338

r. 24................................................ad. 1994 No. 338

r. 25................................................ad. 1994 No. 338

r. 26................................................ad. 1994 No. 338

rep. 2010 No. 217

r. 27................................................ad. 2004 No. 252

rep. 2010 No. 217

Part 6

Heading to Part 6 ...........................rs. 2010 No. 217

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 4—Amendment history

78 Australian Grape and Wine Authority Regulations 1981

Provision affected How affected

Part 6..............................................ad. 2004 No. 252

Division 1

r. 28................................................ad. 2004 No. 252

r. 28A.............................................ad. 2012 No. 161

r. 29................................................ad. 2004 No. 252

Note to r. 29 ...................................ad. 2010 No. 217

r. 30................................................ad. 2004 No. 252

r. 31................................................ad. 2004 No. 252

r. 32................................................ad. 2004 No. 252

Division 2

r. 33................................................ad. 2004 No. 252

r. 34................................................ad. 2004 No. 252

rs. 2010 No. 217

r. 35................................................ad. 2004 No. 252

rep. 2010 No. 217

r. 36................................................ad. 2004 No. 252

rs. 2010 No. 217

r. 37................................................ad. 2004 No. 252

rs. 2010 No. 217

r. 38................................................ad. 2004 No. 252

r. 39................................................ad. 2004 No. 252

am. 2010 No. 217

r. 40................................................ad. 2004 No. 252

r. 41................................................ad. 2004 No. 252

r. 42................................................ad. 2004 No. 252

Note to r. 42 ...................................am. 2010 No. 217

r. 43................................................ad. 2004 No. 252

am. 2010 No. 217

Note to r. 43(3) .............................rep. 2010 No. 217

Division 3

r. 44................................................ad. 2004 No. 252

r. 45................................................ad. 2004 No. 252

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 4—Amendment history

Australian Grape and Wine Authority Regulations 1981 79

Provision affected How affected

rs. 2010 No. 217

am. 2012 No. 161

r. 46................................................ad. 2004 No. 252

rs. 2010 No. 217

r. 47................................................ad. 2004 No. 252

am. 2010 No. 217

r. 48................................................ad. 2004 No. 252

rep. 2010 No. 217

r. 49................................................ad. 2004 No. 252

r. 50................................................ad. 2004 No. 252

r. 51................................................ad. 2004 No. 252

r. 52................................................ad. 2004 No. 252

am. 2010 No. 217

r. 53................................................ad. 2004 No. 252

rs. 2010 No. 217

r. 54................................................ad. 2004 No. 252

rs. 2010 No. 217

r. 55................................................ad. 2004 No. 252

am. 2010 No. 217

Part 6A

Part 6A...........................................ad. 2010 No. 217

Division 1

r. 56................................................ad. 2010 No. 217

am No 70, 2014

Division 2

r. 57................................................ad. 2010 No. 217

r. 58................................................ad. 2010 No. 217

Division 3

r. 59................................................ad. 2010 No. 217

r. 60................................................ad. 2010 No. 217

r. 61................................................ad. 2010 No. 217

r. 62................................................ad. 2010 No. 217

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 4—Amendment history

80 Australian Grape and Wine Authority Regulations 1981

Provision affected How affected

r. 63................................................ad. 2010 No. 217

r. 64................................................ad. 2010 No. 217

r. 65................................................ad. 2010 No. 217

r. 66................................................ad. 2010 No. 217

r. 67................................................ad. 2010 No. 217

r. 68................................................ad. 2010 No. 217

r. 69................................................ad. 2010 No. 217

r. 70................................................ad. 2010 No. 217

r. 71................................................ad. 2010 No. 217

Division 4

r. 72................................................ad. 2010 No. 217

r. 73................................................ad. 2010 No. 217

r. 74................................................ad. 2010 No. 217

r. 75................................................ad. 2010 No. 217

r. 76................................................ad. 2010 No. 217

r. 77................................................ad. 2010 No. 217

r. 78................................................ad. 2010 No. 217

r. 79................................................ad. 2010 No. 217

r. 80................................................ad. 2010 No. 217

r. 81................................................ad. 2010 No. 217

r. 82................................................ad. 2010 No. 217

r. 83................................................ad. 2010 No. 217

r. 84................................................ad. 2010 No. 217

Division 5

r. 85................................................ad. 2010 No. 217

Division 6

r. 86................................................ad. 2010 No. 217

r. 87................................................ad. 2010 No. 217

r. 88................................................ad. 2010 No. 217

r. 89................................................ad. 2010 No. 217

r. 90................................................ad. 2010 No. 217

r. 91................................................ad. 2010 No. 217

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Endnotes

Endnote 4—Amendment history

Australian Grape and Wine Authority Regulations 1981 81

Provision affected How affected

r. 92................................................ad. 2010 No. 217

r. 93................................................ad. 2010 No. 217

r. 94................................................ad. 2010 No. 217

r. 95................................................ad. 2010 No. 217

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Division 7

Subdivision 1

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r. 99................................................ad. 2010 No. 217

r. 100..............................................ad. 2010 No. 217

r. 101..............................................ad. 2010 No. 217

r. 102..............................................ad. 2010 No. 217

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Subdivision 2

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r. 106..............................................ad. 2010 No. 217

r. 107..............................................ad. 2010 No. 217

r. 108..............................................ad. 2010 No. 217

r. 109..............................................ad. 2010 No. 217

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Part 7

Part 7..............................................ad. 2005 No. 39

rs. 2010 No. 217

r. 60................................................ad. 2005 No. 39

rep. 2010 No. 217

r. 110..............................................ad. 2010 No. 217

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Endnotes

Endnote 4—Amendment history

82 Australian Grape and Wine Authority Regulations 1981

Provision affected How affected

r. 111..............................................ad. 2010 No. 217

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Schedule 1

Heading to Schedule ......................rep. 2000 No. 130

Heading to Schedule 1 ...................ad. 2000 No. 130

Schedule ........................................ad. 1993 No. 374

am. 2000 No. 130

Renumbered Schedule 1 ................2000 No. 130

Schedule 1......................................rs. 2010 No. 217

Schedule 2

Schedule 2......................................ad. 2010 No. 217

Schedule 3

Schedule 3......................................ad. 2010 No. 217

Schedule 4

Schedule 4......................................ad. 2012 No. 161

Federal Register of Legislative Instruments F2014C00910

Endnotes

Endnote 5—Uncommenced amendments [none]

Australian Grape and Wine Authority Regulations 1981 83

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

Federal Register of Legislative Instruments F2014C00910