Ley de la Corporación Australiana del Vino y el Brandy de 1980 (versión consolidada de 21 de diciembre de 2010, Australia

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Wine Australia Corporation Act 1980.

2 Commencement [see Note 1]

(1)

Sections 1 and 2 and subsection 13(4) shall come into operation on the date on which this Act receives the Royal Assent.

(2)

The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.

3 Objects

(1) The objects of this Act are:

(a)

to promote and control the export of grape products from Australia; and

(b)

to promote and control the sale and distribution, after export, of Australian grape products; and

(c)

to promote trade and commerce in grape products among the States, between States and Territories and within the Territories; and

(d)

to improve the production of grape products, and encourage the consumption of grape products, in the Territories; and

(e)

to enable Australia to fulfil its obligations under prescribed

wine-trading agreements and other international agreements; and this Act shall be construed and administered accordingly.

(2) The Corporation shall perform its functions or exercise its powers only for the purpose of achieving an object specified in subsection (1).

4 Interpretation

(1) In this Act, unless the contrary intention appears:

agreement country means:

(a)

if an agreement relating to trade in wine is in force between the European Community and Australia—an EC country; and

(b)

if an agreement relating to trade in wine is in force between a foreign country (other than an EC country) and Australia and is declared by the regulations to be a prescribed wine-trading agreement—that foreign country.

annual general meeting means a meeting that the Corporation is required to convene under section 29W.

annual operational plan means a plan developed by the Corporation and approved by the Minister in accordance with Division 2 of Part VA.

Australia includes all the external Territories.

blend means wine manufactured by blending wines of different vintages, varieties or geographical indications.

blending requirements means requirements relating to the blending of wines of different varieties, geographical indications or vintages, or any combination of the above.

Chairperson means the Chairperson of the Corporation.

commencing date means the date fixed under subsection 2(2).

corporate plan means a plan developed by the Corporation and approved by the Minister in accordance with Division 1 of Part VA.

Corporation means the Wine Australia Corporation established by this Act.

corporation, in Part VIB, means a body corporate that:

(a)

is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or

(b)

is a trading corporation within the meaning of that paragraph that is formed within the limits of Australia; or

(c)

is incorporated in a Territory.

Corporation’s component of wine grapes levy has the meaning given by section 31L.

country has a meaning affected by subsection (2).

declared wine grape growers organisation means an organisation in relation to which a declaration is in force under section 5B. declared winemakers organisation means an organisation declared

to be a declared winemakers organisation by a declaration in force

under section 5A. Deputy Chairperson means the Deputy Chairperson of the Corporation.

description, in relation to wine, has a meaning affected by

section 5C. designated foreign country has the meaning given by subsection 40K(3).

direct sale means a sale of wine goods to a consumer. dried grapes means grapes containing less than 60% of moisture. EC country means a country that is a member of the European

Community. examinable document means:

(a)

any document required to be kept:

(i)

in relation to Part VIA—under Part VIA; or

(ii)

in relation to Part VIB—under Part VIB; or

(iii) in relation to Part VII—under Part VII; or

(b)

any wine label or other document relating to the vintage, variety or geographical indication of wine goods; or

(c)

any document relating to advertising the vintage, variety or geographical indication of wine goods; or

(d) any other document that is relevant to monitoring or enforcing compliance with a label law. export means export from Australia.

Federal Court means the Federal Court of Australia. fresh grapes means grapes containing not less than 60% of moisture.

geographical indication, in relation to wine goods, means an indication that identifies the goods as originating in a country, or in a region or locality in that country, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin.

grape extract means grape juice, must, or concentrate obtained from grapes.

grape product means:

(a)

wine manufactured in Australia from prescribed goods;

(b)

brandy distilled in Australia from any such wine;

(c)

grape spirit manufactured in Australia from prescribed goods and suitable for the fortifying of wine or the manufacture of brandy; or

(d)

a product (being prescribed goods or a product derived in whole or in part from prescribed goods) declared by the regulations to be a grape product for the purposes of this Act.

industry means the grape products industry in Australia.

inspection power, in relation to wine premises, means:

(a)

power to search any part of the premises; or

(b)

power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any wine goods or other thing on the premises; or

(c)

power to take extracts from, and make copies of, any examinable documents on the premises; or

(d)

power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising any other inspection power on the premises.

inspector means a person appointed under section 39ZA.

label claim, in relation to wine goods:

(a)

means a written claim that is made or implied about the wine goods’ vintage, variety or prescribed geographical indication, including such a claim that is made or implied:

(i)

on a label; or

(ii)

in a record that is required to be kept under section 39F; or

(iii) in any other commercial document; or (iv) in an advertisement; and

(b)

includes such a claim about the vintage, variety or prescribed geographical indication of any other wine goods from which the wine goods were manufactured.

label law means:

(a)

in relation to Part VIA:

(i)

that Part; and

(ii)

regulations made for the purposes of that Part; and

(iii) another law of the Commonwealth relating to the description of wine goods; and (iv) a law of a State or an internal Territory relating to the description of wine goods; and

(b)

in relation to Part VIB:

(i)

Part VIB; and

(ii)

regulations made for the purposes of Part VIB; and

(c)

in relation to Part VII—regulations made under this Act relating to the export of grape products from Australia.

label offence means:

(a)

in relation to Part VIA—an offence against a label law (within the meaning of paragraph (a) of the definition of label law); and

(b)

in relation to Part VIB—an offence against a label law (within the meaning of paragraph (b) of the definition of label law); and

(c)

in relation to Part VII—an offence against section 44.

manufacture wine includes making a blend.

manufacturer of wine goods means a person who operates an establishment at which:

(a)

wine is manufactured; or

(b)

grape extract is manufactured, being grape extract that is used or intended to be used in manufacturing wine; or

(c)

wine goods are otherwise processed, modified or packaged.

member means a member of the Corporation and includes the Chairperson.

modify, in relation to oenological practices and processes, or compositional requirements, includes:

(a)

add one or more practices or processes, or compositional requirements; and

(b)

vary any one or more of the practices or processes, or of the compositional requirements; and

(c)

omit any one or more of the practices or processes, or of the compositional requirements.

national food standard means a national standard within the meaning of the Imported Food Control Act 1992.

organisation means any body of persons, whether a body corporate or an unincorporated body.

originate, in relation to wine or grape extract that is used or intended to be used in manufacturing wine, has the meaning given by section 5D.

package, in relation to wine, means a container in which the wine is sold or transferred for sale.

pending, in relation to an application for the registration of a trade mark under the Trade Marks Act 1995, has the meaning given in that Act.

prescribed geographical indication means a geographical indication that is prescribed by the regulations for the purposes of this definition.

prescribed goods means:

(a)

fresh grapes;

(b)

dried grapes; and

(c)

grape juice, whether single-strength or concentrated.

prescribed wine-trading agreement means:

(a)

an agreement relating to trade in wine that is in force between the European Economic Community and Australia; or

(b)

an agreement relating to trade in wine that is in force between a foreign country (other than an EC country) and Australia and is declared by the regulations to be a prescribed wine-trading agreement.

presentation, in relation to wine, has a meaning affected by section 5C.

principal employee means the person holding the position of principal employee (however described) of the Corporation.

protection date for a registered traditional expression has the meaning given by subsection 40DB(6).

Register means the Register of Protected Geographical Indications and Other Terms kept under section 40ZC.

registered means included in the Register.

registered additional term means a term that is included in Part 4 of the Register.

registered conditions of use, in relation to:

(a)

a registered geographical indication; or

(b)

a registered translation of such an indication; or

(c)

a registered traditional expression; or

(d)

a registered quality wine term; or

(e) a registered additional term; means a condition of use included in the Register that is applicable

to the geographical indication, translation, traditional expression, quality wine term or additional term (as the case may be).

registered geographical indication means a geographical indication that is included in Part 1 of the Register.

registered owner, in relation to a trade mark, means the person in whose name the trade mark is registered under the Trade Marks Act 1995.

registered quality wine term means a term that is included in Part 3 of the Register.

registered trade mark means a trade mark whose particulars are entered in the Register of Trade Marks under the Trade Marks Act 1995.

registered traditional expression means a traditional expression that is included in Part 2 of the Register.

registered translation of a registered geographical indication means a translation, included in Part 1 of the Register, of the registered geographical indication.

Register of Trade Marks means the register kept under section 207 of the Trade Marks Act 1995.

Registrar means the Registrar of Protected Geographical Indications and Other Terms established under subsection 40ZA(1).

relevant agency has the meaning given by section 39ZL.

Selection Committee means the Wine Australia Corporation Selection Committee.

sell includes offer, expose or advertise for sale.

trade mark has the meaning given in the Trade Marks Act 1995.

traditional expression, in relation to wine originating in a foreign country, means a traditionally used name referring, in particular, to the method of production or to the quality, colour or type of the wine.

variety, in relation to wine or grape extract, means the variety of the grapes from which the wine or grape extract was obtained.

vintage means:

(a)

in relation to grapes—the year (within the ordinary meaning of the term, as affected by subsection (2A)) in which the grapes were harvested; or

(b)

in relation to wine or grape extract—the year (within the ordinary meaning of the term, as affected by subsection (2A)) in which the grapes from which the wine or extract was manufactured or obtained were harvested.

wine means an alcoholic beverage produced by the complete or partial fermentation of fresh grapes or products derived solely from fresh grapes, or both, and includes a grape product declared by the regulations to be wine for the purposes of this Act.

wine export charge means charge imposed by Schedule 13 to the Primary Industries (Customs) Charges Act 1999.

wine goods means:

(a)

wine; or

(b)

grapes, or grape extract, used or intended to be used in manufacturing wine.

wine grapes levy means levy imposed by Schedule 26 to the

Primary Industries (Excise) Levies Act 1999.

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

appearing on, a bottle or other package of wine.

wine premises means any premises, place or conveyance where it is reasonable to assume that wine goods or examinable documents are or might be located.

World Trade Organization means the body of that name established by the WTO Agreement, done at Marrakesh on 15 April 1994.

Note: The text of the WTO Agreement is set out in Australian Treaty Series 1995 No. 8 ([1995] ATS 8). In 2009, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

year means a period of 12 months commencing on 1 July.

Note: This definition does not apply in relation to the definition of vintage (see that definition and subsection (2A)).

References to country

(2) For the purposes of this Act, a reference to a country includes a reference to a member of the World Trade Organization.

Harvesting grapes

(2A) For the purposes of the definition of vintage, grapes that are harvested on or after 1 July in a calendar year, and before or on 31 December of that calendar year, are taken to have been harvested in the next calendar year.

Parties to prescribed wine trading agreements

(3) If a prescribed wine trading agreement is in force between the European Community and Australia, each EC country is taken, for the purposes of this Act, to be a party to the agreement.

Note: For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

4A Extension to external Territories

This Act extends to all the external Territories.

4B Application of the Criminal Code

Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

5A Declared winemakers organisations

Where the minister considers that an organisation is a national organisation which is representative of winemakers, the Minister may, by notice in writing published in the Gazette, declare that organisation to be a declared winemakers organisation.

5B Declared wine grape growers organisation

If the Minister considers that an organisation is a national organisation that is representative of growers of wine grapes, the Minister may, by notice published in the Gazette, declare the organisation to be a declared wine grape growers organisation.

5C Meaning of description and presentation

In this Act, a reference to the description and presentation with which wine is sold, exported or imported is a reference to all names (including business names) or other descriptions, references (including addresses), indications, signs, designs and trade marks used to distinguish the wine and appearing:

(a)

on the container (including on the device used to seal the container or on a label affixed to the container), on any tag attached to the container or, if the container is a bottle, on the sheathing covering the neck of the bottle; or

(b)

on protective wrappings (such as papers and straw envelopes of all kinds), cartons and cases used in the packaging of the wine or the transport of the wine; or

(c)

in documents relating to the transport of the wine or in other commercial documents (for example, invoices or delivery notes) relating to the sale or transport of the wine; or

(d)

in advertisements relating to the wine.

5D Where wine or grape extract originates

For the purposes of this Act:

(a)

a wine, or a grape extract that is used or intended to be used in manufacturing wine, is taken to have originated in a country only if the wine or extract is made from grapes grown within the territory of that country; and

(b)

a wine, or a grape extract that is used or intended to be used in manufacturing wine, is taken to have originated in a particular region or locality of a country only if the wine or extract is made from grapes grown in that region or locality.

Part II—Wine Australia Corporation

6 Establishment of Corporation

There is established by this Act a corporation by the name of the Wine Australia Corporation.

7 Functions of Corporation

The functions of the Corporation are:

(a)

to promote and control the export of grape products from Australia;

(b)

to encourage and promote the consumption and sale of grape products both in Australia and overseas;

(c)

to improve the production of grape products in Australia;

(d)

to conduct, arrange for, and assist in, research relating to the marketing of grape products; and

(e)

such other functions in connection with grape products as are conferred on the Corporation by this Act or the regulations.

8 Powers of Corporation

General power

(1) Subject to this Act, the Corporation has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

Specific powers

(2) Without limiting the generality of subsection (1), the powers of the Corporation referred to in that subsection include power: (aaa) to do anything for the purpose of giving effect to a prescribed wine-trading agreement; and

(aa) to determine any conditions of use that are to be applicable to any registered geographical indications and any registered translations of such indications; and

(ac) to determine in relation to a foreign country:

(i)

any traditional expressions that are to be registered in relation to wines originating in that country (being traditional expressions that are recognised in the laws and regulations of that country for the purpose of the description and presentation of wine); and

(ii)

any conditions of use that are to be applicable to any or

all of those expressions; and (ad) to determine:

(i)

in relation to Australia—any terms that are to be registered as additional terms in relation to wines originating in Australia (being terms that are required to be protected for the purpose of the description and presentation of wine); and

(ii)

in relation to a foreign country—any terms that are to be registered as additional terms in relation to wines originating in that country (being terms that are recognised in the laws and regulations of that country for the purpose of the description and presentation of wine); and

(iii) in relation to a particular wine (regardless of origin)— any terms that are to be registered as additional terms in relation to that wine; and

(iv) any conditions of use that are to be applicable to any or all of the terms referred to in subparagraphs (i) to (iii); and

(a)

to control the export of grape products from Australia by determining the persons, other than the Corporation, who shall be permitted to export grape products and the conditions under which such exports will be permitted; and

(b)

at the request of a person engaging, or proposing to engage, in the export of a grape product, to co-ordinate activities relating to the promotion of the export of the grape product; and

(c)

where a grape product proposed to be exported from Australia to a foreign country meets the requirements of that country for importation into that country, issue certificates that the product meets those requirements; and

(d)

to the extent required to promote the export of grape products from Australia, or the sale of grape products overseas, by persons other than the Corporation, to buy, sell or otherwise

engage in trade in grape products and do all things necessary or convenient for engaging in that trade; and

(e)

to engage, or make arrangements with, persons, organisations or companies to perform work, or act as agent, for the Corporation, whether in Australia or overseas; and

(f)

to charge such fees as are fair and proper to enable the Corporation to meet costs incurred by the Corporation in administering licensing arrangements relating to the export of grape products (including costs in relation to the grant or renewal of licences) and in ensuring that persons who are licensed to export grape products comply with the conditions under which the export of the grape products is permitted; and

(g)

to charge for the provision of services, or the performance of work, by, or on behalf of, the Corporation; and

(ga) without limiting paragraph (g), to charge fees for the provision of services, or the performance of work, by or on behalf of:

(i)

the Corporation; or

(ii)

the Geographical Indications Committee established by

section 40N; in relation to the determination of geographical indications and translations of such indications by the Geographical Indications Committee (including determinations for the omission of such indications and translations); and

(h) to waive the payment of fees and charges payable to the Corporation.

Requirements for determinations by the Corporation

(2A) A determination under paragraph (2)(aa), (ac) or (ad) is to be in writing under the Corporation’s common seal.

(2B) When the Corporation makes a determination referred to in subsection (2A), the Chairperson must cause a notice stating that the determination has been made and setting out the terms of the determination to be published in any manner that the Corporation thinks appropriate.

(2C) 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 the 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.

(2D) Any failure to comply with subsection (2C) in relation to a determination does not affect the validity of the determination.

Review of determinations

(2E) Application may be made to the Administrative Appeals Tribunal for review of a determination.

(2F) Section 29 of the Administrative Appeals Tribunal Act 1975 has effect in relation to an application for review of a determination as if the following subsections were inserted after subsection (1):

“(1A) Despite paragraph (1)(d) and subsection (2), an application to the Tribunal for review of a determination made under paragraph 8(2)(aa), (ac) or (ad) of the Wine Australia Corporation Act 1980 must be made within 28 days after notice of the determination is published in accordance with subsection 8(2B) of that Act.

“(1B) Despite subsection (8), an application under subsection (7) in respect of a determination under paragraph 8(2)(aa), (ac) or (ad) of the Wine Australia Corporation Act 1980 must be made before the time fixed by subsection (1A) ends.”.

Inclusion of particulars in the Register

(2G) The Chairperson must give a copy of the determination to the Registrar so that particulars of the determination can be included in the Register:

(a)

if an application is duly made to the Administrative Appeals Tribunal 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 subsection (2B).

(2H) The determination takes effect on the day on which particulars of the determination are included in the Register.

Consistency with corporate and operational plans

(3) Subject to subsection 31K(4), the Corporation shall endeavour to ensure, to the extent that it is practicable to do so, that the performance at any time of its functions and the exercise at any time of its powers is consistent with, and designed to give effect to, the provisions of any corporate plan and of any annual operational plan in force at that time.

10 Power to enter into arrangements etc.

Without limiting the generality of section 8, the Corporation may enter into arrangements or agreements with persons, authorities or organizations in Australia or overseas, or, with the consent of the Minister, with a State, for the purposes of the Corporation.

11 Committees

(1) The Corporation may appoint a committee to assist the Corporation in relation to a matter.

(1A) Without limiting subsection (1), the Corporation may appoint a committee under that subsection to perform the functions appropriate for an executive committee of the Corporation.

(2) A committee established under this section shall consist of such persons, including at least 1 member of the Corporation, as the Corporation thinks fit.

Part III—Constitution and meetings of the Corporation

12 Nature of Corporation

(1) The Corporation:

(a)

is a body corporate with perpetual succession;

(b)

shall have a common seal;

(c)

may acquire, hold and dispose of real and personal property; and

(d)

may sue and be sued in its corporate name.

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Corporation affixed to a document and shall presume that it was duly affixed.

13 Membership of Corporation

(1)

The Corporation shall consist of:

(a)

a Chairperson; and

(c)

7 other members.

(2)

The members shall be appointed by the Minister in writing.

(3)

The members shall be appointed as part-time members.

(4)

The Minister must not appoint a person to be a member referred to in paragraph (1)(c) unless the Minister is satisfied that the person has knowledge of, or experience in, one or more of the following:

(a)

winemaking;

(b)

grape growing;

(c)

marketing;

(d)

finance;

(e)

business management and administration;

(f)

government policy processes and public administration.

(5)

The members referred to in paragraph (1)(c) shall be appointed from persons nominated by the Selection Committee in accordance with section 29F.

(6)

A member holds office on such terms and conditions (in respect of matters not provided for by this Act) as are determined by the Minister in writing.

(7)

The performance of the functions and the exercise of the powers of the Corporation are not affected by reason only of there being a vacancy or vacancies in the membership of the Corporation.

14 Term of office of members

(1)

Subject to this Act, the Chairperson or a member referred to in paragraph 13(1)(c) holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment, but he or she is eligible for re-appointment.

(5)

Whenever a vacancy occurs in the office of Chairperson or of a member referred to in paragraph 13(1)(c) before the expiration of the person’s term of office, the Minister may, in accordance with, and subject to, section 13, appoint a person to the office for the remainder of that period.

15 Deputy Chairperson

(1)

The Minister shall, by writing signed by the Minister, appoint a member other than the Chairperson to be Deputy Chairperson of the Corporation.

(2)

The Minister shall not appoint a member as the Deputy Chairperson unless the Minister has consulted with the Chairperson and the Presiding Member of the Selection Committee concerning the appointment.

(3)

Subject to this Act, the Deputy Chairperson holds office for such period as is specified in the instrument of appointment, but he or she is eligible for re-appointment.

(4)

The Minister may, at any time, terminate an appointment under subsection (1).

(5)

A member holding office as Deputy Chairperson may resign that office by writing signed by him or her and delivered to the Minister.

(6)

A member holding office as Deputy Chairperson ceases to hold that office if he or she ceases to be a member.

(7)

Whenever a vacancy occurs in the office of Deputy Chairperson before the expiration of the period of his or her appointment, the Minister may, in accordance with this section, appoint another member to hold that office for the remainder of that period.

(8)

While the office of Chairperson is vacant or the Chairperson is absent from Australia or is, for any other reason, unable to perform the functions of the office of Chairperson and the Deputy Chairperson is available to perform the functions of the office of Chairperson, the Deputy Chairperson has and may exercise all the powers, and shall perform all the functions, of the Chairperson under this Act.

16 Leave of absence

(1)

The Minister may grant leave of absence to the Chairperson from a meeting or meetings of the Corporation.

(2)

The Chairperson may grant leave of absence to another member from a meeting or meetings of the Corporation.

17 Resignation of members

A member may resign from the office of member by writing signed by the member delivered to the Minister.

20 Termination of appointments

(1)

The Minister may terminate the appointment of a member by reason of the misbehaviour, or the physical or mental incapacity, of the member.

(4)

If a member:

(a)

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

(b)

fails, without reasonable excuse, to comply with his or her obligations under section 27F or 27J of the Commonwealth Authorities and Companies Act 1997;

(c)

being a member to whom subsection 40(7) applies, fails, without reasonable excuse, to comply with the condition referred to in that subsection; or

(d)

is absent from 3 consecutive meetings of the Corporation otherwise than:

(i) on business of the Corporation undertaken with the approval of the Corporation or of a committee of the Corporation; or

(ii) on leave of absence granted under section 16; the Minister shall terminate the appointment of the member.

21 Disclosure of interests by members of Corporation

(4) For the purposes of sections 27F and 27J of the Commonwealth Authorities and Companies Act 1997, a member who is a winemaker or a grape grower is not taken to have a material personal interest in a matter being considered or about to be considered by the Corporation by reason only of being a winemaker or a grape grower.

22 Meetings of Corporation

(1)

Subject to this section, meetings of the Corporation shall be held at such times and places as the Corporation from time to time determines.

(2)

The Chairperson may at any time convene a meeting of the Corporation.

(3)

At a meeting of the Corporation, 5 members constitute a quorum.

(4)

The Chairperson shall preside at all meetings of the Corporation at which the Chairperson is present.

(5)

If the Chairperson is not present, but the Deputy Chairperson is present, at a meeting of the Corporation, the Deputy Chairperson shall preside at that meeting.

(6)

If neither the Chairperson nor the Deputy Chairperson is present at a meeting of the Corporation, the members present shall elect one of their number to preside at that meeting.

(7)

A question arising at a meeting of the Corporation shall be decided by a majority of the votes of the members present and voting.

(8)

The member presiding at a meeting of the Corporation has a deliberative vote and, in the event of an equality of votes, has a casting vote.

(9)

The Corporation shall keep minutes of its proceedings.

(10)

Subject to the preceding provisions of this section, the procedure at meetings of the Corporation shall be as determined by the Corporation.

(11)

The Corporation may invite a person to attend a meeting of the Corporation for the purpose of advising or informing the Corporation on any matter.

(12)

A person referred to in subsection (11) shall be paid such fees, allowances and expenses (if any) as the Corporation determines in respect of the person’s attendance at a meeting of the Corporation.

Part IVA—Wine Australia Corporation Selection Committee

29AA Interpretation

In this Part:

Committee means the Wine Australia Corporation Selection Committee.

Presiding Member means the Presiding Member of the Committee.

29A Establishment of Committee

A Committee by the name of the Wine Australia Corporation Selection Committee is established.

29B Functions of Committee

The functions of the Committee are:

(a)

to select persons to be nominated for appointment as members of the Corporation referred to in paragraph 13(1)(c); and

(b)

to nominate persons so selected to the Minister for appointment as members of the Corporation.

29C Powers of Committee

The Committee has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.

29D Minister may request nominations

The Minister may, by notice in writing given to the Presiding Member, request the Committee to give to the Minister, within the period specified in the notice:

(a)

written nominations of persons for appointment as members of the Corporation referred to in paragraph 13(1)(c); or

(b)

where a casual vacancy occurs in the office of a member of the Corporation referred to in paragraph (a)—a written nomination of a person for appointment to that office.

29E Selection of persons by Committee

(1)

The Committee shall not nominate a person for appointment as a member of the Corporation unless the person possesses one or more of the qualifications referred to in subsection 13(4).

(2)

The Committee shall not nominate a person for appointment as a member of the Corporation if:

(a)

the person is a member of the Committee; or

(b)

the person has been a member of the Committee within 12 months of the day on which the nomination is given to the Minister.

29F Nomination

(1)

Where the Minister gives a request to the Presiding Member under section 29D:

(a)

the Committee shall, before the end of the period specified in the notice, select a person or persons to be nominated for appointment to the office or offices concerned; and

(b)

the Presiding Member shall, on behalf of the Committee, before the end of that period, give to the Minister the written nomination or nominations concerned.

(2)

The Committee shall give to the Minister only one nomination in respect of each appointment to be made by the Minister.

(3)

Where the Committee proposes to nominate a person for appointment as a member of the Corporation, the Presiding Member shall cause to be prepared and attached to the nomination a statement setting out:

(a)

details of the person’s qualifications and experience; and

(b)

such other information relating to the person as the Committee thinks will assist the Minister in considering whether to appoint the person.

(4)

The Committee may nominate a person for appointment even though the Minister has previously rejected a nomination of that person or the Committee has previously decided not to nominate the person for appointment.

29G Minister may reject nominations

Where the Minister is not satisfied that a person nominated by the Committee for appointment as a member of the Corporation should be appointed as such a member, the Minister may, by notice in writing given to the Presiding Member, reject the nomination and may include in that notice a further request under section 29D for a nomination of a person for appointment to the office concerned.

29H Membership of Committee

(1)

The Committee shall consist of the following members:

(a)

a Presiding Member; and

(b)

such other number of members as is determined by the Minister.

(2)

The members of the Committee shall be appointed in writing by the Minister and, subject to this Act, hold office for such period, not exceeding 3 years, as is specified in the instrument of appointment, but are eligible for re-appointment.

(3)

Each member of the Committee referred to in paragraph (1)(b) shall be a person who has been nominated by a declared winemakers organisation.

(4)

All members of the Committee shall be appointed as part-time members.

(5)

A person who is a member of the Corporation is not eligible to be appointed under subsection (2) as a member of the Committee.

(6)

The appointment of a member of the Committee is not invalidated, and shall not be called in question, because of a defect or irregularity in or in connection with the member’s nomination or appointment.

(7)

The exercise of a power or the performance of a function by the Committee is not invalidated because of a vacancy or vacancies in the membership of the Committee.

29J Acting Presiding Member

(1) The Minister may appoint a person to act as Presiding Member:

(a)

during a vacancy in the office of Presiding Member (whether or not an appointment has previously been made to the office); or

(b)

during any period, or during all periods, when the Presiding Member is absent from Australia or is, for any other reason, unable to perform the functions of the office of Presiding Member;

but a person appointed to act during a vacancy shall not continue to act for more than 12 months.

(2)

An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(3)

The Minister may determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as the Presiding Member.

(4)

The Minister may terminate an appointment made under subsection (1) at any time.

(5)

Where a person is acting as Presiding Member in accordance with paragraph (1)(b) and the office of Presiding Member becomes vacant while the person is so acting, then, subject to subsection (2), the person may continue to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.

(6)

The appointment of a person to act as Presiding Member ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.

(7)

While a person is acting as Presiding Member, the person has and may exercise all the powers, and shall perform all the functions, of the Presiding Member under this Act.

(8)

Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the ground that:

(a)

the occasion for the person’s appointment had not arisen;

(b)

there is a defect or irregularity in connection with the person’s appointment;

(c)

the person’s appointment had ceased to have effect; or

(d)

the occasion for the person to act had not arisen or had ceased.

29K Casual vacancy

Where a member of the Committee ceases to hold office before the expiration of the term of office of the member of the Committee:

(a)

in the case of the Presiding Member—the Minister may appoint a person to be the Presiding Member until the expiration of that term; or

(b)

in the case of any other member of the Committee—the Minister may appoint a person to be a member until the expiration of that term.

29L Remuneration and allowances of members of Committee

(1)

A member of the Committee shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed.

(2)

A member shall be paid such allowances as are prescribed.

(3)

This section has effect subject to the Remuneration Tribunal Act 1973, other than subsections 7(9) and (13) of that Act.

29M Leave of absence

(1)

The Minister may grant leave of absence to the Presiding Member from a meeting of the Committee.

(2)

The Presiding Member may grant leave of absence to another member of the Committee from a meeting of the Committee.

29N Resignation

A member of the Committee may resign from office by writing signed by the member and delivered to the Minister.

29P Termination of appointment of members of Committee

(1)

The Minister may terminate the appointment of a member of the Committee by reason of misbehaviour or physical or mental incapacity.

(2)

If a member of the Committee:

(a)

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

(b)

fails, without reasonable excuse, to comply with his or her obligations under section 29Q; or

(c)

is absent, without leave of absence under section 29M, from

3 consecutive meetings of the Committee; the Minister shall terminate the appointment of the member of the Committee.

29Q Disclosure of interests by members of Committee

(1)

A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee shall, as soon as possible after the relevant facts have come to the knowledge of the member, disclose the nature of that interest at a meeting of the Committee.

(2)

A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Committee and the member shall not, unless the Minister or the Committee otherwise determines:

(a)

be present during any deliberation of the Committee with respect to that matter; or

(b)

take part in any decision of the Committee with respect to that matter.

(3)

For the purpose of the making of a determination by the Committee under subsection (2) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not:

(a)

be present during any deliberation of the Committee for the purpose of making the determination; or

(b)

take part in the making by the Committee of the determination.

(4)

A member of the Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee in accordance with section 29S shall, as soon as practicable after the relevant facts have come to the knowledge of the member, disclose the nature of that interest to the Minister.

(5)

A member of the Committee who is required to make a disclosure under subsection (4) in respect of a matter shall not, unless the Minister otherwise determines, sign a document with respect to that matter in accordance with section 29S.

(6)

A member of the Committee who is a winemaker shall not be taken to have a pecuniary interest in a matter being considered or about to be considered by the Committee by reason only of being a winemaker.

29R Meetings of Committee

(1)

Meetings of the Committee shall be held at such times and places as the Committee from time to time determines.

(2)

A meeting of the Committee may be called by the Presiding Member.

(3)

At a meeting of the Committee, a number one less than the number of members of the Committee constitutes a quorum.

(4)

The Presiding Member shall preside at all meetings of the Committee at which the Presiding Member is present.

(5)

If the Presiding Member is not present at a meeting of the Committee, the members of the Committee who are present shall elect one of their number to preside at the meeting.

(6)

A question arising at a meeting of the Committee shall be decided by a majority of the votes of the members of the Committee present and voting.

(7)

The member of the Committee presiding at a meeting of the Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(8)

The Committee shall keep minutes of its proceedings.

29S Resolutions without meetings

Where:

(a) a copy of a document setting out a proposed resolution of the Committee comes into the possession of the number of members of the Committee constituting a quorum; and

(b) a majority of those members sign a copy of the document; a resolution of the Committee in the terms set out in the document shall be deemed to have been passed at a meeting of the Committee on the day on which the copies of the document were signed or, if the members of the Committee who signed the copies of the

document did not sign on the same day, on the latest day on which a copy of the document was signed by such a member.

29T Staff and consultants

(1)

The Presiding Member may, on behalf of the Committee, engage persons to perform administrative and clerical services in connection with the performance of its functions.

(2)

The Presiding Member may, on behalf of the Committee, engage persons having suitable qualifications and experience as consultants to the Committee to assist the Committee in identifying persons suitable for nomination to the Minister.

(3)

The terms and conditions of engagement of persons engaged under subsection (1) or (2) shall be such as are determined by the Committee.

29TA Annual report

(1)

The Committee must, as soon as practicable after 30 June in each year, prepare and give to the Minister a report of the operations of the Committee (if any) during the financial year that ended on that 30 June.

(2)

A report for a financial year may, subject to agreement between the Presiding Member and the Chairperson, be included, as a discrete part, in the annual report for the Corporation for that financial year.

Note: The annual reporting obligations for the Corporation are contained in the Commonwealth Authorities and Companies Act 1997.

(3) If subsection (2) does not apply to a report under this section, the Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister has received the report.

Part IVB—Annual general meeting of the industry

29U Interpretation

(1) In this Part, unless the contrary intention appears:

eligible producer, in relation to a year, means a person on the list of producers prepared in that year.

list of producers means a list of persons prepared under section 29V.

old Charge Act means the repealed Wine Export Charge Act 1997.

old Levy Act means the repealed Wine Grapes Levy Act 1979.

(2)

For the purposes of this Part and of regulations made for the purposes of this Part, where 2 or more persons become liable to pay wine grapes levy, wine export charge or levy imposed under the old Levy Act, because they are members of a partnership or are the trustees of a trust estate, that partnership or trust estate shall be taken to be the person liable to pay that levy or charge.

(3)

Where, under this Part, rights are conferred upon a body corporate, a partnership or a trust estate to participate at an annual general meeting, those rights shall be exercised by a natural person appointed, in writing, for the purpose by the body corporate, the members of the partnership or the trustees of the trust estate, as the case may be.

29V List of producers

(1) As soon as practicable after each 30 September, the Department must prepare and give to the Corporation a list of the persons who the Department, at the time of the preparation of the list, knows became liable to pay:

(aa) wine grapes levy; and (ab) wine export charge; and

(a)

levy imposed under the old Levy Act; and

(b)

charge imposed under the old Charge Act;

in respect of the year that ended on 30 June immediately preceding that 30 September.

(2) The Corporation must not use a list of persons prepared under this section except for the purposes of this Part.

29W Corporation to convene annual general meeting

(1)

The Corporation shall, within 3 months after the annual report of the Corporation is laid before a House of the Parliament or after the list of producers is prepared in the year immediately following the year to which the annual report relates, whichever occurs last, or within such longer period as is approved by the Minister, but not earlier than 42 days after the preparation of that list, cause an annual general meeting of the industry to be convened at a time and place determined by the Corporation.

(2)

The Corporation shall, not later than 42 days before the intended day of an annual general meeting in a year, send to each eligible producer for that year:

(a)

a notice of the day, time and place of the meeting; and

(b)

a copy of the most recent annual report of the Corporation.

29X Purpose of annual general meeting

The purpose of an annual general meeting is to provide an opportunity for eligible producers:

(a)

to consider the most recent annual report of the Corporation;

(b)

to receive an address by the Chairperson with respect to the performance of the Corporation in the year to which the annual report relates and with respect to the economic outlook for the industry, and the intended activities of the Corporation, in the year next following that year;

(c)

to question the members of the Corporation concerning any aspect of the Corporation’s activities during the year to which the annual report relates and any aspect of the intended activities of the Corporation; and

(d)

to debate, and vote upon, any motion relating to a matter within the responsibilities of the Corporation.

29Y Conduct of annual general meeting

(1)

An annual general meeting may be attended by:

(a)

the members of the Corporation;

(b)

eligible producers for the year in which the meeting is held;

(c)

persons invited by the Corporation to attend the meeting; and

(d)

such members of the staff of the Corporation as the Chairperson determines to be appropriate having regard to the business of the meeting.

(2)

The Chairperson shall preside at an annual general meeting at which he or she is present.

(3)

The Corporation shall cause a record to be kept of the proceedings of an annual general meeting of the industry.

29ZA Minister to be notified of resolutions

The Corporation shall, when making a recommendation referred to in subclause 9(1) of Schedule 26 to the Primary Industries (Excise) Levies Act 1999 or subclause 5(1) of Schedule 13 to the Primary Industries (Customs) Charges Act 1999, notify the Minister of any resolution relating to the recommendation passed or defeated at the most recent annual general meeting, of the number of votes cast for the resolution and of the number of votes cast against the resolution.

Part V—Staff

30 Employees

(1)

The Corporation may engage such employees as it thinks necessary for the purposes of this Act.

(2)

The terms and conditions of employment (including remuneration) of the principal employee are to be such as are determined by the Corporation.

(3)

The terms and conditions of employment (including remuneration) of an employee, other than the principal employee, are to be such as are determined by the Corporation.

Section 31

Part VA—Operation of Corporation

Part VI—Finance

31L Corporation’s component of wine grapes levy

For the purposes of this Act, the Corporation’s component of wine grapes levy is an amount of levy covered by paragraph 7(1)(a) of Schedule 26 to the Primary Industries (Excise) Levies Act 1999.

32 Payments to Corporation

There shall be paid to the Corporation out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to:

(aa) amounts received by the Commonwealth as the Corporation’s component of wine grapes levy; and

(ab) so much of the amounts (if any) received by the Commonwealth under section 15 of the Primary Industries Levies and Charges Collection Act 1991 as is attributable to non-payment of the Corporation’s component of wine grapes levy; and

(ac) amounts received by the Commonwealth as wine export charge; and

(ad) so much of the amounts (if any) received by the Commonwealth under section 15 of the Primary Industries Levies and Charges Collection Act 1991 as is attributable to non-payment of wine export charge; and

(a)

so much of the amounts from time to time received by the Commonwealth as levy under the repealed Wine Grapes Levy Act 1979 as is so received by virtue of subsection 6(1), other than paragraph 6(1)(b) of that Act; and

(b)

so much of the amounts (if any) received by the Commonwealth under section 5 of the repealed Wine Grapes Levy Collection Act 1979 or section 15 of the Primary Industries Levies and Charges Collection Act 1991 as is attributable to non-payment of levy referred to in subsection 6(1), other than paragraph 6(1)(b), of the repealed Wine Grapes Levy Act 1979; and

(c)

so much of the amounts from time to time received by the Commonwealth as charge under the repealed Wine Export Charge Act 1997 as is received because of section 6 of that Act; and

(d)

so much of the amounts (if any) received by the Commonwealth under section 15 of the Primary Industries Levies and Charges Collection Act 1991 as is attributable to non-payment of charge referred to in section 6 of the repealed Wine Export Charge Act 1997.

33 Payments by Corporation to Commonwealth

(1)

Where a refund is made by the Commonwealth in accordance with section 7 of the repealed Wine Grapes Levy Collection Act 1979 or section 18 of the Primary Industries Levies and Charges Collection Act 1991 in respect of an amount that has been paid or overpaid to the Commonwealth by way of an amount of levy that is payable to the Commonwealth by virtue of subsection 6(1), other than paragraph 6(1)(b), of the repealed Wine Grapes Levy Act 1979, the Corporation shall pay to the Commonwealth an amount equal to the amount of the refund.

(2)

If a refund is made by the Commonwealth in accordance with section 18 of the Primary Industries Levies and Charges Collection Act 1991 in respect of an amount that has been paid or overpaid to the Commonwealth by way of an amount of charge that is payable to the Commonwealth because of section 6 of the repealed Wine Export Charge Act 1997, the Corporation must pay to the Commonwealth an amount equal to the amount of the refund.

(3)

If:

(a)

a refund is made by the Commonwealth under section 18 of the Primary Industries Levies and Charges Collection Act 1991 in respect of an amount; and

(b)

the amount has been paid or overpaid to the Commonwealth

by way of wine export charge; the Corporation must pay to the Commonwealth an amount equal to the amount of the refund.

(4) If:

(a)

a refund is made by the Commonwealth under section 18 of the Primary Industries Levies and Charges Collection Act 1991 in respect of an amount; and

(b)

the amount has been paid or overpaid to the Commonwealth

by way of the Corporation’s component of wine grapes levy; the Corporation must pay to the Commonwealth an amount equal to the amount of the refund.

34 Borrowing

(1) The Corporation may, with the approval of the Minister:

(a)

borrow money otherwise than from the Commonwealth; or

(b)

raise money otherwise than by borrowing;

on terms and conditions that are specified in, or consistent with, the approval.

(2)

Without limiting the generality of subsection (1), the Corporation may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.

(3)

A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1), may be made, in whole or in part, in a currency other than Australian currency.

(4)

An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.

(5)

An approval under subsection (1) shall be given in writing.

(6)

For the purposes of this section:

(a) the issue by the Corporation of an instrument acknowledging a debt in consideration of:

(i)

the payment or deposit of money; or

(ii)

the provision of credit; otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Corporation shall be deemed to be a raising by the Corporation, otherwise than by borrowing, of an amount of

money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and

(b) the obtaining of credit by the Corporation otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Corporation shall be deemed to be a raising by the Corporation, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.

(7)

In this section, securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.

(8)

A reference in this section to dealing with securities includes a reference to:

(a)

creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing or re-selling securities;

(b)

creating, selling, purchasing or re-selling rights or options in respect of securities; and

(c)

entering into agreements or other arrangements relating to securities.

34A Corporation may give security

The Corporation may give security over the whole or any part of its land or other assets for:

(a)

the repayment by the Corporation of money borrowed by the Corporation under paragraph 34(1)(a) and the payment by the Corporation of interest (including any interest on that interest) on money so borrowed; or

(b)

the payment by the Corporation of amounts (including any interest) that the Corporation is liable to pay with respect to money raised by the Corporation under paragraph 34(1)(b).

34B Borrowings not otherwise permitted

The Corporation shall not borrow money, or raise money otherwise than by borrowing, except in accordance with section 34.

35 Application of money of Corporation

(1) The moneys of the Corporation may be applied only:

(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Corporation in or in connection with the performance of its functions, or the exercise of its powers, under this Act;

(aa) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Presiding Member of the Selection Committee or the Selection Committee in or in connection with the performance of the functions, or the exercise of the powers, of the Selection Committee under this Act;

(ab) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

(i)

the collection or recovery of amounts referred to in paragraph 32(aa), (ab), (ac), (ad), (a) or (b); or

(ii)

the administration of section 32;

(b)

in payment of any remuneration, allowances, fees or expenses payable under this Act; and

(c)

in making any other payments that the Corporation is authorized or required to make under this Act.

(2) Subsection (1) does not prevent investment of surplus money of the Corporation under section 19 of the Commonwealth Authorities and Companies Act 1997.

38 Extra matters to be included in annual report

The report prepared by the members under section 9 of the Commonwealth Authorities and Companies Act 1997 on the operations of the Corporation during a year must include a report of the operations of the Geographical Indications Committee during the year and must set out all final determinations of geographical indications, and translations of such indications, made by the Committee during the year.

39 Liability to taxation

(1)

The Corporation is subject to taxation (other than income tax) under the laws of the Commonwealth.

(2)

Subject to subsection (3), the Corporation is not subject to taxation under a law of a State or Territory.

(3)

The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law.

Section 39A

Part VIA—Label integrity program

Part VIB—Protection of geographical indications and other terms

Part VII—Miscellaneous

41A Remuneration and allowances of members of Corporation etc.

(1)

This section applies to a person who is:

(a)

a member; or

(b)

a member of the Geographical Indications Committee established by section 40N; or

(c)

a member of a committee constituted under section 11 other than a member of the Corporation.

(2)

Subject to this section, a person to whom this section applies shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the person shall be paid such remuneration as is prescribed.

(3)

Subject to this section, a person to whom this section applies shall be paid such allowances as are prescribed.

(4)

Subsections (2) and (3) have effect subject to the Remuneration Tribunal Act 1973.

(5)

Payments under this section shall be made out of the funds of the Corporation.

(6)

If:

(a)

a person to whom this section applies is also a member of, or a candidate for election to, the Parliament of a State; and

(b)

under the law of that State the person would not be eligible to remain, or to be elected as, a member of that Parliament if he or she were entitled to remuneration under this Act;

the person shall not be paid remuneration or allowances under this Act but shall be reimbursed such expenses as the person reasonably incurs because of the person’s performing the functions of the office under this Act held by the person.

(7) If a person to whom this section applies is also:

(a)

a member of the Parliament of a State (other than a State referred to in subsection (6)); or

(b)

in the service or employment of a State or an authority of a State, or holds or performs the duties of any office or position established by or under a law of a State, on a full-time basis;

it is a condition of the person’s holding the office under this Act held by the person that the person pay to the State, within one month of receiving an amount of remuneration under this Act, an amount equal to that first-mentioned amount, and the person:

(c)

shall not be paid allowances under this Act; and

(d)

shall be reimbursed such expenses as the person reasonably incurs because of the person’s performing the functions of the office under this Act held by the person.

(8)

An amount payable to a State by a person under subsection (7) is a debt due to the State and the State may recover that amount by action against the person in a court of competent jurisdiction.

(9)

In this section:

Parliament, in relation to the Northern Territory, means the Legislative Assembly of the Northern Territory.

State includes the Northern Territory.

43 Delegation

(1)

The Corporation may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to a person or to a committee established under section 11 any of its powers under this Act, other than its powers under subsection 30(2) or this power of delegation.

(2)

A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Corporation.

(3)

A delegation under this section does not prevent the exercise of a power by the Corporation.

44 Offences in relation to export of grape products

(1) A person commits an offence if:

(a)

the person exports a grape product from Australia; and

(b)

the export of the grape product contravenes the regulations.

Penalty: Imprisonment for 6 months.

Note: The Federal Court may grant an injunction under section 44AB if a person has engaged, is engaging or proposes to engage in conduct that contravenes this section.

(2) The provisions of Part VIA relating to inspections, including Division 4 of that Part, apply in relation to this section in the same way as they apply in relation to that Part.

44AA Time for bringing prosecutions

Despite section 15B of the Crimes Act 1914, a prosecution for an offence against section 44 of this Act that is committed after the commencement of this section may be brought at any time within 7 years after the commission of the offence.

44AB Injunctions

(1)

The Federal Court may grant an injunction if a person has engaged, is engaging or proposes to engage in any conduct that contravenes the following:

(a)

Part VIA (label integrity program);

(b)

Part VIB (protection of geographical indications and other terms);

(c)

section 44 (offence in relation to export of grape products);

(d)

regulations made for the purposes of the provisions mentioned in paragraphs (a) to (c).

(2)

The injunction may:

(a)

restrain the person from engaging in the conduct; and

(b)

if the Court thinks it desirable to do so—require the person to do a particular act.

(3)

An application for an injunction may be made by, or on behalf of, the following persons:

(a)

the Corporation;

(b)

a declared wine makers organisation;

(c)

a declared wine grape growers organisation;

(d)

a person who is a manufacturer of wine, or a grower of wine grapes, in Australia or a designated foreign country;

(e)

an organisation established under the law of Australia or of a designated foreign country whose objects or purposes include any of the following:

(i)

the promotion of the manufacture of wine, the growing of wine grapes or the marketing of wine;

(ii)

the promotion or protection of the interests of persons engaged in the manufacture of wine, the growing of wine grapes or the marketing of wine;

(iii) the promotion or protection of the interests of consumers of wine.

(4)

The Court may grant an interim injunction pending a determination of an application for an injunction.

(5)

The Court may discharge or vary an injunction granted under this section.

(6)

The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised:

(a)

whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

(b)

whether or not the person has previously engaged in conduct of that kind.

(7)

The powers conferred on the Federal Court by this section are in addition to, and not in derogation of, any other powers of the Court.

44A Conduct by directors, servants or agents

(1)

Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

(a)

that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b)

that the director, servant or agent had the state of mind.

(2)

Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, for the

purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions to avoid the conduct.

(3)

Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a natural person in relation to particular conduct, it is sufficient to show:

(a)

that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and

(b)

that the servant or agent had the state of mind.

(4)

Any conduct engaged in on behalf of a natural person by a servant or agent of the person within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions to avoid the conduct.

(5)

Where:

(a)

a natural person is convicted of an offence; and

(b)

the person would not have been convicted of the offence if

subsections (3) and (4) had not been enacted; the person is not liable to be punished by imprisonment for that offence.

(6)

A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

(a)

the knowledge, intention, opinion, belief or purpose of the person; and

(b)

the person’s reasons for the intention, opinion, belief or purpose.

(7)

A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

(8)

A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

(9)

A reference in this section to an offence against this Act includes a reference to:

(a)

an offence created by the regulations; and

(b)

an offence against section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, that relates to this Act or the regulations.

45 Operation of certain laws not restricted

Nothing in this Act or the regulations restricts the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.

46 Regulations

(1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:

(a) making provision with respect to annual general meetings including, in particular, provisions in respect of:

(i)

the giving of notice of motions to be moved at such meetings; and

(ii)

the moving of motions at such meetings by the Corporation; and

(iii) the procedure at such meetings; and

(iv) the appointment by persons entitled to attend such meetings of other persons to be their proxies at such meetings; and

(iva) the method of determining the number of votes that an eligible producer (within the meaning of section 29U) may cast at such meetings; and

(v)

the means of determining whether or not motions voted upon at such meetings have been passed; and

(vi)

the confidentiality of voting at such meetings; and

(b)

requiring the doing of acts or things necessary to be done for the purpose of giving effect to a prescribed wine-trading agreement; and

(c)

prohibiting the export of a grape product from Australia except subject to and in accordance with prescribed conditions, including, in particular:

(i)

conditions requiring an exporter to be the holder of a licence to export the grape product;

(ii)

conditions requiring an exporter to obtain the approval of the Corporation for particular exports of the grape product;

(iii) conditions requiring the purchaser of the grape product, or the person to whom the grape product is consigned as an agent or representative of the purchaser or exporter in the country to which the grape product is consigned, to be a person approved by the Corporation; or (iv) conditions relating to the price, or form of consignment, of the grape product; and

(d)

making provision with respect to:

(i)

the grant, suspension or cancellation by the Corporation, or a person authorized by it, of licences to export a grape product from Australia; and

(ii)

the issuing or revocation by the Corporation, or by a person authorized by it, in respect of particular exports of a grape product, of certificates as to compliance with the conditions subject to which the grape product may be exported; and

(e)

providing for the period for which a licence, or a licence included in a class of licences, granted under the regulations remains in force; and

(f)

authorizing the Corporation, or a person authorized by it:

(i)

to determine prices or other matters for the purposes of the regulations; or

(ii)

to give to the holder of a licence to export a grape product granted under the regulations directions, in writing, with respect to the quantities of the grape product that may be exported by the holder of the licence either generally or otherwise as provided in the regulations; and

(g)

requiring persons to furnish returns and information necessary for the purposes of this Act; and

(h)

providing for a penalty of:

(i)

if the person is a natural person, a fine not exceeding 50 penalty units; or

(ii)

if the person is a body corporate, a fine not exceeding

250 penalty units; for offences against the regulations.

Part VIII—Repeal of certain Acts and consequent transitional provisions

47 Interpretation

In this Part, Board means the Australian Wine Board established by the Wine Overseas Marketing Act 1929.

49 Rights etc. of Board to vest in Corporation etc.

(1)

Upon the commencing date:

(a)

any rights, property or assets that, immediately before that date, were vested in the Board are, by force of this subsection, vested in the Corporation; and

(b)

the Corporation becomes, by force of this subsection, liable to pay and discharge any debts, liabilities or obligations of the Board that existed immediately before that date.

(2)

An arrangement or contract entered into by or on behalf of the Board as a party and in force immediately before the commencing date continues in force, notwithstanding the repeal of the Acts specified in the Schedule, but that arrangement or contract has effect, on and after the commencing date, as if:

(a)

the Corporation were substituted for the Board as a party to the arrangement or contract; and

(b)

any reference in the arrangement or contract to the Board were (except in relation to matters that occurred before that date) a reference to the Corporation.

(3)

Where, immediately before the commencing date, proceedings to which the Board was a party were pending in any court, the Corporation is, by force of this subsection, substituted for the Board as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.

50 Instrument etc. not liable to stamp duty etc.

An instrument or document that the Secretary to the Department of Primary Industry or an officer of that Department authorized by him or her in writing for the purpose of this section certifies to have been made, executed or given by reason of, or for a purpose connected with or arising out of, the operation of this Part is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory.

51 Application of moneys of Corporation

The moneys of the Corporation may be applied in payment or discharge of the debts, liabilities and obligations referred to in paragraph 49(1)(b).

53 Employees of Board

(1)

A person who, immediately before the commencing date, was employed by the Board shall, by virtue of this subsection, be deemed to be, on that date, engaged as an employee of the Corporation under section 30.

(2)

Terms and conditions of employment applicable to a person referred to in subsection (1) immediately before the commencing date shall, by virtue of this subsection, be deemed to be terms and conditions of employment determined under subsection 30(2), but those terms and conditions may, at any time after the commencing date, be varied under that subsection.

54 Report on operations of Board

(1)

The Corporation shall, not later than 6 months after the commencing date, prepare and submit to the Minister a report on the operation of the Wine Overseas Marketing Act 1929 during the period that:

(a)

commenced immediately after the expiration of the last period in respect of which a report was submitted by the Board to the Minister in pursuance of section 29 of that Act; and

(b)

ended immediately before the commencing date.

(2)

The Minister shall cause a copy of the report, together with a statement by the Minister regarding the operation of the Wine Overseas Marketing Act 1929 during the period to which the report relates, to be laid before each House of the Parliament within 15

sitting days of that House after the receipt of the report by the Minister.

(3)

The persons who, immediately before the commencing date, were members of the Board shall furnish to the Corporation such information as is necessary to enable the Corporation to prepare the report.

55 Regulations

The regulations may make provision for and in relation to the continued effect, for the purposes of the regulations, of licences and certificates in force, immediately before the commencing date, under regulations made for the purposes of the Wine Overseas Marketing Act 1929.

Schedule Administrative provisions relating to the Geographical Indications Committee

Schedule—Administrative provisions relating

to the Geographical Indications Committee

1 Interpretation

In this Schedule:

Committee means the Geographical Indications Committee.

member means the Presiding Member or a nominated member of the Committee.

nominated member means a member of the Committee referred to in paragraph 2(1)(b), (c) or (d).

Presiding Member means the Presiding Member of the Committee.

2 Membership of Committee

(1)

The Committee is to consist of the following members:

(a)

a Presiding Member appointed by the Chairperson of the Corporation in accordance with a resolution of the Corporation;

(b)

one member appointed by the Chairperson of the Corporation on the nomination of a declared winemakers organisation;

(c)

one member appointed by the Chairperson of the Corporation on the nomination of a declared wine grape growers organisation;

(d)

any other member prescribed by the regulations for the purposes of this paragraph.

(2)

The members of the Committee are to be appointed on a part-time basis.

(3)

The appointment of a member of the Committee is not ineffective only because of a defect or irregularity in, or in connection with, the member’s nomination or appointment.

(4)

The exercise of a power, or the performance of a function, by the Committee is not ineffective only because there is one vacancy in the membership of the Committee.

Administrative provisions relating to the Geographical Indications Committee

3 Acting Presiding Member

(1)

The Chairperson of the Corporation may appoint a person to act as the Presiding Member:

(a)

during a vacancy in the office of Presiding Member (whether or not an appointment has previously been made to the office); or

(b)

during any period, or during all periods, when the Presiding Member is absent from Australia or is, for any other reason, unable to perform the functions of the Presiding Member.

(2)

Nothing done by or in relation to a person purporting to act under this section is ineffective on any one or more of the following grounds:

(a)

the occasion for the person’s appointment to act had not arisen;

(b)

there is a technical defect or irregularity in connection with the person’s appointment;

(c)

the person’s appointment had ceased to have effect;

(d)

the occasion for the person to act had not arisen or had ceased.

4 Alternate members of the Committee

(1)

The Chairperson of the Corporation may appoint a person who is not a member of the Committee to be the alternate of a particular nominated member.

(2)

If a nominated member is absent from a meeting of the Committee, the member’s alternate (if any) is entitled to attend the meeting and, when so attending, is taken to be a member of the Committee.

(3)

If a person ceases to hold office as a nominated member:

(a)

the person (if any) who was the person’s alternate immediately before he or she ceased to hold office is entitled to attend meetings of the Committee while the office is vacant and, when so attending, is taken to be a member of the Committee; and

(b)

the person is taken to be the alternate of a person appointed to the vacant office until a new appointment of an alternate is made.

(4)

A person may only be appointed as a nominated member’s alternate if the person has been nominated in writing by the organisation by which the member was nominated for appointment.

(5)

A person appointed as a member’s alternate remains the member’s alternate until the organisation that nominated the person gives the Chairperson of the Corporation a written nomination of a different person for appointment as the member’s alternate.

(6)

A person may resign an appointment as alternate of a member of a Committee by giving a signed notice of resignation to the Chairperson of the Corporation.

Schedule Administrative provisions relating to the Geographical Indications Committee

5 Term of office

(1)

The Presiding Member holds office for such period of not more than 3 years as is stated in the document of appointment.

(2)

A member appointed on the nomination of an organisation holds office until the organisation gives the Chairperson of the Corporation a written nomination of another person to be appointed in place of the member.

6 Resignation

A member may resign his or her appointment by giving a signed notice of resignation to the Chairperson of the Corporation.

7 Termination of appointment

(1)

The Corporation may terminate the appointment of a member of the Committee because of misbehaviour or physical or mental incapacity.

(2)

If a member of the Committee:

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with

Administrative provisions relating to the Geographical Indications Committee

his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(b)

fails without reasonable excuse to comply with clause 9; or

(c)

is absent, without leave of absence under clause 8, from 3

consecutive meetings of the Committee; the Corporation must terminate the appointment of the member.

8 Leave of absence

(1)

The Chairperson of the Corporation may grant the Presiding Member leave of absence from a meeting of a Committee.

(2)

The Presiding Member may grant leave of absence to another member of a Committee from a meeting of a Committee.

9 Disclosure of interests by Committee members

(1)

A member of the Committee who has a direct or indirect financial interest in a matter being considered or about to be considered by the Committee must, as soon as possible after the member has become aware of the relevant facts, disclose the nature of that interest at a meeting of the Committee.

(2)

A disclosure under subsection (1) must be recorded in the minutes of a meeting of the Committee and the member must not, unless the Corporation or the Committee otherwise determines:

(a)

be present during any deliberation of the Committee regarding that matter; or

(b)

take part in any decision of the Committee regarding that matter.

(3)

For the purposes of the making of a determination by the Committee under subsection (2) in relation to a member who has made a disclosure under subsection (1), the member must not:

(a)

be present during any deliberation of the Committee for the purpose of making a determination; or

(b)

take part in the making of the determination.

(4)

A member of the Committee who is a winemaker or a grower of wine grapes is not taken to have a financial interest in a matter being considered, or about to be considered, by the Committee

Schedule Administrative provisions relating to the Geographical Indications Committee

solely because the member is a winemaker or grower of wine grapes, as the case may be.

10 Meetings

(1)

Meetings of the Committee are to be held at such times and places as the Committee determines.

(2)

A meeting of the Committee may be convened by the Presiding Member.

(3)

Two members constitute a quorum at the meeting of the Committee.

Note: A different quorum may be prescribed by the regulations if the Committee has more than 3 members. (See subclause (10).)

(4)

The presiding Member is to preside at all meetings of the Committee at which he or she is present.

(5)

If the Presiding Member is not present at a meeting of the Committee, the members of the Committee who are present must elect one of them to preside at the meeting.

(6)

Subject to subsection (7), a question arising at a meeting of the Committee is to be decided by a majority of the votes of the members of the Committee.

(7)

If only 2 members are present at a meeting of the Committee and those members are unable to agree on a question, the question is to be deferred until a meeting at which 3 members are present.

Note: A different process for resolving questions may be prescribed by the regulations if the Committee has more than 3 members. (See subclause (10).)

(8)

The Committee must keep minutes of its proceedings.

(9)

The minutes must record each decision made by the Committee and the reasons for the decision.

(10)

If one or more members are prescribed by the regulations for the purposes of paragraph 2(1)(d):

(a) the number of members that constitutes a quorum at a meeting of the Committee is the number (being a number

Administrative provisions relating to the Geographical Indications Committee

greater than 2) prescribed by the regulations for the purposes

of this paragraph; and

(b) if members who are present at a meeting of the Committee are unable to agree on a question, the process that is to apply is the process prescribed by the regulations for the purposes of this paragraph.

11 Staff and consultants

(1)

The Corporation must make staff available to provide administrative assistance for the Committee.

(2)

The Presiding Member may, on behalf of the Corporation, engage persons with suitable qualifications and experience as consultants to the Committee.

(3)

The terms and conditions of engagement of consultants are to be those determined by the Committee with the approval of the Corporation.

12 Information for inclusion in Corporation’s annual report

As soon as practicable after the end of each financial year, the Committee must give to the Corporation any information relating to the Committee’s operations during that year that the Corporation reasonably requires for the purpose of preparing a report in relation to that year under section 63H of the Audit Act 1901.

Table of Acts

Notes to the Wine Australia Corporation Act 1980 Note 1

The Wine Australia Corporation Act 1980 as shown in this compilation comprises Act No. 161, 1980 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 14 May 1999 is not included in this compilation. For subsequent information see Table A.

The Wine Australia Corporation Act 1980 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations (1989 No. 3 as amended) see Table B.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional
				provisions
Australian Wine and Brandy Corporation Act 1980	161, 1980	10 Dec 1980	Ss. 1, 2 and 13(4): Royal Assent Remainder: 1 July 1981 (see Gazette 1981, No. S123)
Export Control (Miscellaneous Amendments) Act 1982	48, 1982	9 June 1982	1 Jan 1983 (see s. 2 and Gazette 1982, No. G48, p. 2)	—
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984	72, 1984	25 June 1984	S. 3: 23 July 1984 (a)	S. 5(1)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984	165, 1984	25 Oct 1984	S. 3: Royal Assent (b)	Ss. 2(32) and 6(1)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	S. 3: 3 July 1985 (c)	—
Australian Wine and Brandy Corporation Amendment Act 1986	60, 1986	24 June 1986	Ss. 1, 2, 3(1), 5, 14, 19 and 30: Royal Assent	Ss. 29 and 30
			Remainder: 1 July 1986
Primary Industries (Recovery of Levy Collection Expenses) Act 1988	51, 1988	15 June 1988	S. 3: Royal Assent (d)	—

Table of Acts

Act	Number	Date	Date of	Application,
	and year	of Assent	commencement	saving or
				transitional
				provisions
Australian Wine and Brandy	144, 1989	23 Nov 1989	1 Jan 1990	Ss. 6 and
Corporation Amendment				10
Act 1989
Primary Industries Levies	26, 1991	1 Mar 1991	1 July 1991 (see s.	—
and Charges Collection			2)
(Consequential
Provisions) Act 1991
Australian Wine and Brandy	137, 1992	11 Nov 1992	S. 4: 9 Dec 1992	—
Corporation Amendment			Remainder: Royal
Act 1992			Assent
Australian Wine and Brandy	93, 1993	16 Dec 1993	16 Dec 1993	S. 15(2)
Corporation Amendment
Act 1993
Primary Industries and	129, 1994	21 Oct 1994	S. 3: 1 Dec 1994 (e)	—
Energy Legislation
Amendment Act (No. 2)
1994
Competition Policy Reform	88, 1995	20 July 1995	S. 77: 6 Nov 1995	—
Act 1995			(see Gazette 1995,
			No. S423) (f)
Statute Law Revision Act	43, 1996	25 Oct 1996	Schedule 2	—
1996			(item 19): (g)
			Schedule 4
			(items 48, 49):
			Royal Assent (g)
Wine Export Charge	86, 1997	27 June 1997	27 June 1997 (see	—
(Consequential			s. 2)
Amendments) Act 1997
Audit (Transitional and	152, 1997	24 Oct 1997	Schedule 2	—
Miscellaneous)			(items 554–567): 1
Amendment Act 1997			Jan 1998 (see
			Gazette 1997, No.
			GN49) (h)
Primary Industries and	102, 1998	30 July 1998	30 July 1998	—
Energy Legislation
Amendment Act (No. 1)
1998
Primary Industries Levies	32, 1999	14 May 1999	Schedule 5 (Part 1):	Sch. 5
and Charges			1 July 1999 (i)	(Part 3):
(Consequential			Schedule 5	[see Table
Amendments) Act 1999			(Parts 2, 3): 1 Jan	A]
			2000 (i)
Public Employment	146, 1999	11 Nov 1999	Schedule 1	—
(Consequential and			(item 277): 5 Dec
Transitional) Amendment			1999 (see Gazette
Act 1999			1999, No. S584) (j)
as amended by
Agriculture, Fisheries and Forestry Legislation	121, 2000	5 Oct 2000	Schedule 2 (item 8): 11 Nov 1999 (ja)	—
Amendment Act (No. 1)
2000

Table of Acts

Act Number Date Date of Application, and year of Assent commencement saving or transitional provisions

Corporate Law Economic Reform Program Act 1999

Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999

Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2000

Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001

Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2003

US Free Trade Agreement Implementation Act 2004

Australian Wine and Brandy Corporation Amendment Act (No. 1) 2007

Statute Law Revision Act 2008

Statute Stocktake (Regulatory and Other Laws) Act 2009

156, 1999 24 Nov 1999

170, 1999 10 Dec 1999

121, 2000 5 Oct 2000

115, 2001 18 Sept 2001

159, 2001 1 Oct 2001

38, 2003 2 May 2003

120, 2004 16 Aug 2004

92, 2007 22 June 2007

73, 2008 3 July 2008 111, 2009 16 Nov 2009

Schedule 10 — (items 63, 64): 13 Mar 2000 (see Gazette 2000, No. S114) (k)

Schedule 7: Royal Sch. 7

Assent (l) (item 16) [see Table A]

Schedule 2 (item 8): — 11 Nov 1999 Remainder: 5 Dec 2000 (see Gazette 2000, No. S612)

16 Oct 2001 S. 4 [see Table A]

29 Oct 2001 Sch. 1 (item 97) [see Table A]

Schedule 1: 3 May — 2003

Schedule 3: 1 Jan Sch. 3

2005 (item 16) [see Table A]

22 June 2007 Sch. 1 (item 8) [see Table A]

Schedule 4 — (items 87, 88): 4 July 2008

Schedule 1 (item 1): — 17 Nov 2009

Table of Acts

Act Number Date Date of Application, and year of Assent commencement saving or transitional provisions

Australian Wine and Brandy 98, 2010 6 July 2010 Schedule 1 (items Corporation Amendment 1–69, 77–80) and Act 2010 Schedule 2: 1 Sept 2010 (see F2010L02117) Schedule 3 (items 1–17, 19–21): 3 Aug 2010 Schedule 3 (item 18): 1 Sept 2010

Financial Framework 148, 2010 17 Dec 2010 Schedule 4 Legislation Amendment (items 1–11): Act 2010 18 Dec 2010 Sch. 1 (items 77–80), Sch. 2 (items 36, 37) and Sch. 3 (items 19–21) [see Table A]

—

Act Notes

(a)

The Wine Australia Corporation Act 1980 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.

(b)

The Wine Australia Corporation Act 1980 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(7) of which provides as follows:

(7) The amendment of the Australian Wine and Brandy Corporation Act 1980 made by this Act shall come into operation the day on which this Act receives the Royal Assent.

(c)

The Wine Australia Corporation Act 1980 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.

(d)

The Wine Australia Corporation Act 1980 was amended by section 3 only of the Primary Industries (Recovery of Levy Collection Expenses) Act 1988, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2), (3) and (4), this Act commences on the day on which it receives the Royal Assent.

(e)

The Wine Australia Corporation Act 1980 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1994, subsection 2(3) of which provides as follows:

(3) The amendments made by this Act to the Australian Wine and Brandy Corporation Act 1980 commence on the first day of the second month that begins after the day on which this Act receives the Royal Assent.

(f)

The Wine Australia Corporation Act 1980 was amended by section 77 only of the Competition Policy Reform Act 1995, subsection 2(2) of which provides as follows:

(2) Part 3 commences on a day to be fixed by Proclamation. However, if Part 3 does not commence by Proclamation within the period of 6 months beginning on the day on which this Act receives the Royal Assent, then it commences on the first day after the end of that period.

(g)

The Wine Australia Corporation Act 1980 was amended by Schedule 2 (item 19) and Schedule 4 (items 48, 49) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:

(1)

Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(2)

Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

Item 19 is taken to have commenced immediately after the commencement of section 20 of the Australian Wine and Brandy Corporation Amendment Act 1993.

Section 20 commenced on 16 December 1993.

(h)

The Wine Australia Corporation Act 1980 was amended by Schedule 2 (items 554–567) subsection 2(2) of which provides as follows:

(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(i)

The Wine Australia Corporation Act 1980 was amended by Schedule 5 (Parts 1–3) only of the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, section 2 of which provides as follows:

(1)

Subject to this section, this Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.

(2)

The following provisions commence on 1 January 2000:

(d) Parts 2 and 3 of Schedule 5.

Act Notes

(j) The Wine Australia Corporation Act 1980 was amended by Schedule 1 (item 277) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1)

In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2)

Subject to this section, this Act commences at the commencing time.

(ja) The Public Employment (Consequential and Transitional) Amendment Act 1999 was amended by Schedule 2 (item 8) only of the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2000, subsection 2(3) of which provides as follows:

(3) Item 8 of Schedule 2 is taken to have commenced on the day on which the Public Employment (Consequential and Transitional) Amendment Act 1999 received the Royal Assent.

(k)

The Wine Australia Corporation Act 1980 was amended by Schedule 10 (items 63 and 64) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:

(2) The following provisions commence on a day or days to be fixed by Proclamation: (c) the items in Schedules 10, 11 and 12.

(l)

The Wine Australia Corporation Act 1980 was amended by Schedule 7 only of the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Table of Amendments

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Title ........................................... am. No. 148, 2010

Part I

S. 1............................................ am. No. 148, 2010

S. 3............................................ am. No. 93, 1993; No. 98, 2010 Subhead. to s. 4(3).................... ad. No. 98, 2010

S. 4............................................ am. No. 60, 1986; No. 26, 1991; No. 93, 1993; No. 152, 1997; Nos. 32 and 170, 1999; No. 120, 2004; Nos. 98 and 148, 2010

S. 4A ......................................... ad. No. 93, 1993

S. 4B ......................................... ad. No. 115, 2001

S. 5............................................ rep. No. 60, 1986

S. 5A ......................................... ad. No. 60, 1986

S. 5B ......................................... ad. No. 93, 1993

S. 5C ......................................... ad. No. 93, 1993 am. No. 98, 2010

S. 5D ......................................... ad. No. 93, 1993 am. No. 170, 1999 rs. No. 98, 2010

Part II

Heading to Part II ...................... rs. No. 148, 2010

S. 6............................................ am. No. 148, 2010

S. 7............................................ am. No. 60, 1986 Subheads. to s. 8(1), (2) ........... ad. No. 98, 2010 Subhead. to s. 8(2A) ................. ad. No. 98, 2010 Subhead. to s. 8(2E) ................. ad. No. 98, 2010 Subhead. to s. 8(2G)................. ad. No. 98, 2010 Subhead. to s. 8(3).................... ad. No. 98, 2010

S. 8............................................ am. No. 60, 1986; No. 93, 1993; No. 38, 2003; Nos. 98 and 148, 2010

S. 9............................................ am. No. 60, 1986; No. 144, 1989; No. 115, 2001; No. 73, 2008 rep. No. 98, 2010

S. 11.......................................... am. No. 60, 1986

Part III

S. 12.......................................... am. No. 152, 1997

S. 13.......................................... rs. No. 60, 1986 am. No. 92, 2007

S. 14.......................................... am. Nos. 72 and 165, 1984 rs. No. 60, 1986 am. No. 159, 2001; No. 92, 2007

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

S. 15.......................................... rs. No. 60, 1986 am. No. 93, 1993; No. 92, 2007

Ss. 16, 17 .................................. rs. No. 60, 1986 Ss. 18, 19 .................................. rep. No. 60, 1986

S. 20.......................................... am. No. 60, 1986; No. 152, 1997; No. 156, 1999

S. 21.......................................... rs. No. 60, 1986 am. No. 152 1997; No. 156, 1999

S. 22.......................................... am. No. 60, 1986 Part IV ...................................... rep. No. 60, 1986 Ss. 23–29 .................................. rep. No. 60, 1986

Part IVA

Heading to Part IVA .................. rs. No. 148, 2010 Part IVA .................................... ad. No. 60, 1986

S. 29AA ..................................... ad. No. 93, 1993 am. No. 148, 2010

S. 29A ....................................... ad. No. 60, 1986 am. No. 148, 2010

Ss. 29B–29K ............................. ad. No. 60, 1986

S. 29L........................................ ad. No. 60, 1986 am. No. 43, 1996 Ss. 29M, 29N ............................ ad. No. 60, 1986

Heading to s. 29P...................... am. No. 93, 1993 Ss. 29P–29T ............................. ad. No. 60, 1986

S. 29TA ..................................... ad. No. 92, 2007

Part IVB

Part IVB .................................... ad. No. 60, 1986

S. 29U ....................................... ad. No. 60, 1986

am. No. 129, 1994; No. 86, 1997; No. 32, 1999; No. 121, 2000

S. 29V ....................................... ad. No. 60, 1986 rs. No. 129, 1994 am. No. 86, 1997; No. 32, 1999

Ss. 29W–29Y ............................ ad. No. 60, 1986 am. No. 129, 1994

S. 29Z........................................ ad. No. 60, 1986 am. No. 144, 1989; No. 129, 1994; No. 32, 1999 rep. No. 121, 2000

S. 29ZA ..................................... ad. No. 60, 1986 am. No. 32, 1999; No. 121, 2000

Part V

S. 30.......................................... am. No. 60, 1986; No. 102, 1998; No. 98, 2010

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Part VA

Part VA ..................................... ad. No. 60, 1986

Division 1

S. 31.......................................... rep. No. 65, 1985 ad. No. 60, 1986

Ss. 31A–31E ............................. ad. No. 60, 1986

Division 2

Ss. 31F–31J .............................. ad. No. 60, 1986

Division 3

S. 31K ....................................... ad. No. 60, 1986 am. No. 93, 1993; No. 152 1997

Part VI

S. 31L........................................ ad. No. 32, 1999

S. 32.......................................... rs. No. 60, 1986 am. No. 144, 1989; No. 26, 1991; No. 86, 1997; No. 32, 1999

S. 33.......................................... rs. No. 60, 1986 am. No. 144, 1989; No. 26, 1991; No. 86, 1997; No. 32, 1999

S. 34.......................................... rs. No. 60, 1986 Ss. 34A, 34B ............................. ad. No. 60, 1986

S. 35.......................................... am. No. 60, 1986; No. 51, 1988; No. 93, 1993; No. 152 1997; No. 32, 1999

S. 36.......................................... rep. No. 152, 1997

S. 37.......................................... rep. No. 60, 1986 Heading to s. 38 ........................ rs. No. 152, 1997

S. 38.......................................... am. No. 60, 1986; No. 93, 1993; No. 152, 1997; No. 98, 2010

S. 38A ....................................... ad. No. 60, 1986 rep. No. 152, 1997

Part VIA

Part VIA .................................... ad. No. 144, 1989

Division 1

S. 39A ....................................... ad. No. 144, 1989 am. No. 93, 1993

Note to s. 39A ........................... ad. No. 98, 2010

S. 39B ....................................... ad. No. 144, 1989 rs. No. 98, 2010

S. 39C ....................................... ad. No. 144, 1989 am. No. 93, 1993; No. 170, 1999 rs. No. 98, 2010

Ss. 39D, 39E ............................. ad. No. 144, 1989 rep. No. 98, 2010

S. 39EA ..................................... ad. No. 93, 1993 rep. No. 98, 2010

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Division 2

S. 39F........................................ ad. No. 144, 1989 am. No. 137, 1992; No. 93, 1993 rs. No. 98, 2010

Ss. 39G, 39H............................. ad. No. 144, 1989 am. No. 137, 1992; No. 170, 1999 rs. No. 98, 2010

Ss. 39J, 39K.............................. ad. No. 144, 1989

S. 39L........................................

S. 39M....................................... S. 39N ....................................... Ss. 39P–39R ............................. S. 39S ....................................... Ss. 39T–39V .............................

S. 39W ......................................

S. 39X .......................................

am. No. 137, 1992; No. 170, 1999 rs. No. 98, 2010

ad. No. 144, 1989 rs. No. 98, 2010

ad. No. 144, 1989 am. No. 137, 1992; No. 170, 1999 rs. No. 98, 2010

ad. No. 144, 1989 am. No. 137, 1992; No. 170, 1999 rep. No. 98, 2010

ad. No. 144, 1989 am. No. 137, 1992; No. 170, 1999 rep. No. 98, 2010

ad. No. 144, 1989 rs. No. 93, 1993 rep. No. 98, 2010

ad. No. 144, 1989 rep. No. 98, 2010

ad. No. 144, 1989 am. No. 93, 1993; No. 170, 1999 rep. No. 98, 2010

ad. No. 144, 1989 rep. No. 98, 2010

Heading to s. 39Y...................... am. No. 93, 1993

S. 39Y .......................................

S. 39Z........................................

S. 39ZAAA ................................

S. 39ZAA...................................

S. 39ZAB...................................

S. 39ZAC...................................

rep. No. 98, 2010

ad. No. 144, 1989 am. No. 93, 1993 rep. No. 98, 2010

ad. No. 144, 1989 am. No. 93, 1993; No. 43, 1996 rep. No. 98, 2010

ad. No. 137, 1992 am. No. 170, 1999; No. 115, 2001 rep. No. 98, 2010

ad. No. 137, 1992 am. No. 98, 2010

ad. No. 137, 1992 am. No. 115, 2001 rs. No. 98, 2010

ad. No. 137, 1992

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Division 3

S. 39ZA ..................................... ad. No. 144, 1989

S. 39ZB ..................................... ad. No. 144, 1989 am. No. 115, 2001; No. 98, 2010

S. 39ZC ..................................... ad. No. 144, 1989 Note to s. 39ZC ......................... ad. No. 98, 2010

S. 39ZD ..................................... ad. No. 144, 1989 Notes 1, 2 to s. 39ZD(1)............ ad. No. 98, 2010

S. 39ZE ..................................... ad. No. 144, 1989 rs. No. 98, 2010

S. 39ZF ..................................... ad. No. 144, 1989 am. No. 137, 1992

Notes 1, 2 to s. 39ZF(1) ............ ad. No. 98, 2010

S. 39ZG..................................... ad. No. 144, 1989 am. No. 137, 1992

S. 39ZH ..................................... ad. No. 144, 1989 am. No. 115, 2001 rs. No. 98, 2010

S. 39ZI....................................... ad. No. 98, 2010

S. 39ZIA .................................... ad. No. 98, 2010

Division 4

S. 39ZJ...................................... ad. No. 144, 1989 am. No. 93, 1993; No. 88, 1995; No. 98, 2010

S. 39ZK ..................................... ad. No. 144, 1989 am. No. 170, 1999

S. 39ZL...................................... ad. No. 144, 1989 am. No. 86, 1997; Nos. 32 and 146, 1999; No. 98, 2010

Part VIB

Heading to Part VIB .................. rs. No. 98, 2010 Part VIB .................................... ad. No. 93, 1993

Division 1

S. 40 ......................................... ad. No. 93, 1993 am. No. 60, 1986 Renumbered s. 41A .............. No. 93, 1993

S. 40A ....................................... ad. No. 93, 1993 am. No. 98, 2010

Note to s. 40A ........................... ad. No. 98, 2010

S. 40B ....................................... ad. No. 93, 1993

Division 2 Subdivision A

Subdiv. A of Div. 2..................... ad. No. 98, 2010 of Part VIB

S. 40C ...................................... ad. No. 93, 1993 am. No. 115, 2001 rs. No. 98, 2010

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

S. 40D ...................................... ad. No. 93, 1993

am. No. 102, 1998

rs. No. 98, 2010

Ss. 40DA, 40DB ....................... ad. No. 98, 2010

Subdivision B

Subdiv. B of Div. 2..................... ad. No. 98, 2010 of Part VIB

S. 40E ...................................... ad. No. 93, 1993 am. No. 115, 2001 rs. No. 98, 2010

S. 40F ....................................... ad. No. 93, 1993

am. No. 102, 1998

rs. No. 98, 2010

Ss. 40FA, 40FB ........................ ad. No. 98, 2010

Subdivision C

Heading to Subdiv. C of ............ ad. No. 98, 2010 Div. 2 of Part VIB

S. 40G ...................................... ad. No. 93, 1993 rs. No. 98, 2010

S. 40H ....................................... ad. No. 93, 1993

am. No. 115, 2001

rep. No. 98, 2010

Ss. 40J, 40K.............................. ad. No. 93, 1993 am. No. 98, 2010

S. 40L........................................ ad. No. 93, 1993 rep. No. 98, 2010 Heading to s. 40M ..................... am. No. 98, 2010 Subhead. to s. 40M(2)............... ad. No. 98, 2010

S. 40M....................................... ad. No. 93, 1993 am. No. 98, 2010

Division 3

S. 40N ....................................... ad. No. 93, 1993

S. 40P ....................................... ad. No. 93, 1993 am. No. 120, 2004; No. 98, 2010

Division 4 Subdivision A

Subdiv. A of Div. 4 of................. ad. No. 120, 2004 Part VIB

S. 40PA ..................................... ad. No. 120, 2004 am. No. 98, 2010

Note to s. 40PA(1)..................... rs. No. 98, 2010

Subdivision B

Heading to Subdiv. B of ............ ad. No. 120, 2004 Div. 4 of Part VIB

S. 40Q ....................................... ad. No. 93, 1993

S. 40QA..................................... ad. No. 120, 2004

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Subdivision C

Heading to Subdiv. C of ............ ad. No. 120, 2004 Div. 4 of Part VIB

S. 40R ....................................... ad. No. 93, 1993

Subdivision D

Subdiv. D of Div. 4 of ................ ad. No. 120, 2004 Part VIB

S. 40RA..................................... ad. No. 120, 2004

S. 40RB..................................... ad. No. 120, 2004 am. No. 98, 2010

Ss. 40RC–40RG ....................... ad. No. 120, 2004

Subdivision E

Heading to Subdiv. E of ............ ad. No. 120, 2004 Div. 4 of Part VIB

S. 40SA ..................................... ad. No. 120, 2004

S. 40S ....................................... ad. No. 93, 1993

S. 40T........................................ ad. No. 93, 1993 am. No. 120, 2004; No. 98, 2010

Ss. 40U–40W ............................ ad. No. 93, 1993

S. 40X ....................................... ad. No. 93, 1993 am. No. 120, 2004

S. 40Y ....................................... ad. No. 93, 1993 am. No. 148, 2010

Note to s. 40Y(1) ....................... ad. No. 120, 2004

S. 40Z........................................ ad. No. 93, 1993

Division 4A

Heading to Div. 4A of ................ rs. No. 98, 2010 Part VIB

Div. 4A of Part VIB .................... ad. No. 120, 2004

Subdivision A

S. 40ZAA................................... ad. No. 120, 2004 am. No. 98, 2010

Note to s. 40ZAA(1) .................. ad. No. 98, 2010

Subdivision B

Ss. 40ZAB–40ZAI ..................... ad. No. 120, 2004

Subdivision C

Ss. 40ZAJ–40ZAP..................... ad. No. 120, 2004

Division 4B

Div. 4B of Part VIB .................... ad. No. 98, 2010 Ss. 40ZAQ–40ZAT.................... ad. No. 98, 2010

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Division 5

Heading to Div. 5 of................... rs. No. 98, 2010 Part VIB

Ss. 40ZA, 40ZB ........................ ad. No. 93, 1993 am. No. 98, 2010

Heading to s. 40ZC ................... rs. No. 98, 2010

S. 40ZC .................................... ad. No. 93, 1993 am. No. 98, 2010

S. 40ZD .................................... ad. No. 93, 1993 am. No. 38, 2003; No. 98, 2010

S. 40ZE .................................... ad. No. 93, 1993

Division 6

Div 6 of Part VIB........................ ad. No. 170, 1999

S. 40ZF ..................................... ad. No. 170, 1999 rs. No. 98, 2010

Part VII

S. 41A formerly s. 40................. am. No. 93, 1993; No. 43, 1996

S. 41.......................................... am. No. 60, 1986 rep. No. 152, 1997

S. 42.......................................... am. No. 60, 1986; No. 144, 1989; No. 137, 1992; No. 115,

2001 rep. No. 98, 2010

S. 43.......................................... am. No. 60, 1986; No. 102, 1998

S. 44.......................................... am. No. 60, 1986; No. 144, 1989; No. 170, 1999; No. 115, 2001; No. 98, 2010

S. 44AA ..................................... ad. No. 38, 2003

S. 44AB ..................................... ad. No. 98, 2010 am. No. 98, 2010

S. 44A ....................................... ad. No. 144, 1989 am. No. 115, 2001

S. 45.......................................... rs. No. 48, 1982

S. 46.......................................... am. No. 60, 1986; No. 144, 1989; No. 121, 2000; No. 38, 2003; No. 98, 2010

Part VIII

S. 48.......................................... rep. No. 93, 1993

S. 50.......................................... am. No. 73, 2008

S. 52.......................................... rep. No. 111, 2009

Schedule

Schedule ................................... rs. No. 93, 1993 am. No. 98, 2010

Table A

Table A

Application, saving or transitional provisions

Primary Industries Levies and Charges (Consequential Amendments) Act 1999

(No. 32, 1999)

Schedule 5

Part 3—Transitional provision relating to wine grapes levy

36 Transitional—regulations

Unless the contrary intention appears, regulations made for the purposes of section 29Z of the Australian Wine and Brandy Corporation Act 1980 apply, in relation to levy imposed by Schedule 26 to the Primary Industries (Excise) Levies Act 1999, in a corresponding way to the way in which those regulations apply in relation to levy imposed by the repealed Wine Grapes Levy Act 1979.

Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999

(No. 170, 1999)

Schedule 7

16 Application of amendments

The amendments made by items 6 to 15 apply to wines and grape extracts that are begun to be manufactured after the commencement of this item.

Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 (No. 115, 2001)

4 Application of amendments

(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

Table A

(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001

(No. 159, 2001)

Schedule 1

97 Application of amendments

The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.

US Free Trade Agreement Implementation Act 2004 (No. 120, 2004)

Schedule 3

16 Application

The amendments made by items 1 to 15 of this Schedule apply to applications for determination of geographical indications that have not been finally determined under section 40W of the Australian Wine and Brandy Corporation Act 1980 on the day this item commences.

Australian Wine and Brandy Corporation Amendment Act (No. 1) 2007

(No. 92, 2007)

Schedule 1

8 Application of amendment made by item 7

The amendment made by item 7 applies in relation to the operations of the Committee during the financial year commencing on 1 July 2007 and during subsequent financial years.

Table A

Australian Wine and Brandy Corporation Amendment Act 2010

(No. 98, 2010)

Schedule 1

77 Application of item 37

(1)

Subject to subitem (2), the amendment made by item 37 of this Schedule applies in relation to wine that is sold, exported or imported on or after the commencement of this Schedule.

(2)

If, before the commencement of this Schedule, wine has been exported from a foreign country for import into Australia, the amendment made by item 37 of this Schedule does not apply in relation to the sale or import of that wine on or after that commencement.

78 Application of items 39 to 41

The amendments made by items 39 to 41 of this Schedule do not apply in relation to proceedings for an offence against section 40C, 40E or 40G of the Australian Wine and Brandy Corporation Act 1980 (as in force before the commencement of this Schedule) constituted by conduct engaged in before the commencement of this Schedule.

79 Application of items 44 and 50

The amendments made by items 44 and 50 of this Schedule apply in relation to determinations of geographical indications that are made on or after the commencement of this Schedule, whether the application for the determination was made before, on or after that commencement.

80 Appointment of Registrar unaffected

The amendment of section 40ZA of the Australian Wine and Brandy Corporation Act 1980, made by item 57 of this Schedule, does not affect the validity of an appointment under that section that is in force immediately before the commencement of this Schedule.

Schedule 2

36 Application of amendments

(1) The amendments made by this Schedule apply in relation to any event, circumstance or state of affairs that is required to be recorded under section 39F of the Australian Wine and Brandy Corporation Act 1980

Table A

(as inserted by item 28 of this Schedule) that occurs on or after the commencement of this Schedule.

(2) Despite the amendments made by this Schedule to provisions of the Australian Wine and Brandy Corporation Act 1980, those provisions (as in force immediately before the commencement of this Schedule) continue to apply (after that time) to records that are required to be made and kept under Division 2 of Part VIA of that Act immediately before that time.

37 Preservation of instruments

The amendment made by the item of this Schedule listed in column 1 of the table does not affect the continuity of any instrument listed in column 2 of the table that is in force under the Australian Wine and Brandy Corporation Act 1980 immediately before the commencement of this Schedule.

Continuity of instruments
Item	Column 1	Column 2
	Item of this Schedule	Instrument

1	Item 25	Terms and conditions determined
		under subsection 30(2)
2	Item 26	Terms and conditions determined
		under subsection 30(3)
3	Item 29	A notice given under section 39ZAA
4	Item 31	A form approved by the Australian
		Wine and Brandy Corporation under
		paragraph 39ZB(2)(b)

Schedule 3

19 Preservation of injunctions

The repeal of section 40L of the Australian Wine and Brandy Corporation Act 1980 by item 12 of this Schedule does not affect the continuity of any injunction that is in force under that section immediately before the commencement of this Part.

20 Application of item 14

The amendment made by item 14 of this Schedule applies to the export of a grape product from Australia after the commencement of this Part.

Table A

21 Application of item 15

The amendment made by item 15 of this Schedule applies to conduct engaged in, or proposed to be engaged in, after the commencement of this Part.

Table B

Table B

Modifications

A.C.T. Self-Government (Consequential Provisions) Regulations

Subsection 40(9) (renumbered section 41A):

Omit the subsection, substitute:

(9) In this section: Parliament means:

(a)

in relation to the Australian Capital Territory—the Legislative Assembly for the Territory; and

(b)

in relation to the Northern Territory—the Legislative Assembly of the Territory;

State includes the Australian Capital Territory and the Northern Territory.