- Australian Wine and Brandy Corporation Amendment Act 2010
- Contents
- 1 Short title
- 2 Commencement
- 3 Schedule(s)
- Schedule 1—Amendments relating to the Agreement between Australia and the European Community on trade in wine
- Schedule 2—Label integrity program
- Schedule 3—Compliance
Australian Wine and Brandy Corporation Amendment Act 2010
1 Short title...........................................................................................1 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................3
Schedule 1—Amendments relating to the Agreement between Australia and the European Community on trade in wine 4 Part 1—Amendments 4 Australian Wine and Brandy Corporation Act 1980 4 Trade Marks Act 1995 34 Part 2—Application and transitional provisions 38 Schedule 2—Label integrity program 40 Part 1—Amendments 40 Australian Wine and Brandy Corporation Act 1980 40 Part 2—Application and transitional provisions 55 Schedule 3—Compliance 56 Part 1—Main amendments 56 Australian Wine and Brandy Corporation Act 1980 56 Part 2—Amendment contingent on the commencement of Schedule 1 to this Act 64 Australian Wine and Brandy Corporation Act 1980 64 Part 3—Application and transitional provisions 65
An Act to amend the Australian Wine and Brandy Corporation Act 1980, and for related purposes
[Assented to 6 July 2010]
This Act may be cited as the Australian Wine and Brandy Corporation Amendment Act 2010.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details Part 2 (a) immediately after the commencement of 2010 the provision(s) covered by table item 4; (paragraph (b) and applies)
(b) the commencement of Schedule 1 to this Act.
6. Schedule 3, At the same time as the provision(s) covered 3 August 2010 Part 3 by table item 4.
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 Amendments relating to the Agreement between Australia and the European Community on trade in wine Part 1 Amendments
Part 1—Amendments
1 Paragraph 3(1)(e)
Omit “; and”, substitute “and other international agreements;”.
2 Paragraph 3(1)(f)
Repeal the paragraph.
3 Subsection 4(1) (paragraph (a) of the definition of agreement country)
Omit “European Economic Community”, substitute “European Community”.
4 Subsection 4(1)
Insert: country has a meaning affected by subsection (2).
5 Subsection 4(1)
Insert:
designated foreign country has the meaning given by subsection 40K(3).
6 Subsection 4(1) (definition of EC country)
Omit “European Economic Community”, substitute “European Community”.
7 Subsection 4(1) (definition of geographical indication)
Repeal the definition, substitute:
Amendments relating to the Agreement between Australia and the European Community on trade in wine Schedule 1 Amendments Part 1
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.
8 Subsection 4(1) (definition of modify)
Omit “or other” (wherever occurring).
9 Subsection 4(1)
Insert:
protection date for a registered traditional expression has the meaning given by subsection 40DB(6).
10 Subsection 4(1) (definition of Register)
Repeal the definition, substitute:
Register means the Register of Protected Geographical Indications and Other Terms kept under section 40ZC.
11 Subsection 4(1)
Insert:
registered additional term means a term that is included in Part 4 of the Register.
Repeal the definition.
13 Subsection 4(1) (definition of registered condition)
Repeal the definition.
14 Subsection 4(1)
Insert: registered conditions of use, in relation to: Schedule 1 Amendments relating to the Agreement between Australia and the European Community on trade in wine Part 1 Amendments
(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).
15 Subsection 4(1) (definition of registered geographical indication)
Omit all the words after “included”, substitute “in Part 1 of the Register”.
16 Subsection 4(1)
Insert:
registered quality wine term means a term that is included in Part 3 of the Register.
17 Subsection 4(1) (definition of registered traditional expression)
Omit all the words after “included”, substitute “in Part 2 of the Register”.
No. 98, 2010
An Act to amend the Australian Wine and Brandy Corporation Act 1980, and for related purposes
Contents
Australian Wine and Brandy Corporation Amendment Act 2010
No. 98, 2010
The Parliament of Australia enacts:
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments relating to the Agreement between Australia and the European Community on trade in wine
Australian Wine and Brandy Corporation Act 1980
12 Subsection 4(1) (definition of registered ancillary protected expression)