Prepared by the Office of Parliamentary Counsel, Canberra
Wine Australia Corporation Act 1980
No. 161, 1980 as amended
Compilation start date: 14 December 2013
Includes amendments up to: Act No. 146, 2013
ComLaw Authoritative Act C2013C00691
About this compilation
This compilation
This is a compilation of the Wine Australia Corporation Act 1980 as in force on
14 December 2013. It includes any commenced amendment affecting the
legislation to that date.
This compilation was prepared on 23 December 2013.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment is affected by an application,
saving or transitional provision that is not included in this compilation, details
are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force,
details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have
effect in accordance with a provision of the law, details are included in the
endnotes.
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Wine Australia Corporation Act 1980 i
Contents
Part I—Preliminary 1 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Objects...............................................................................................1
4 Interpretation .....................................................................................2
4A Extension to external Territories .....................................................10
4B Application of the Criminal Code ...................................................11
5A Declared winemakers organisations ................................................11
5B Declared wine grape growers organisation......................................11
5BA Representative organisations ...........................................................11
5C Meaning of description and presentation ........................................12
5D Where wine or grape extract originates ...........................................12
Part II—Wine Australia Corporation 14 6 Establishment of Corporation ..........................................................14
7 Functions of Corporation.................................................................14
8 Powers of Corporation.....................................................................14
10 Power to enter into arrangements etc...............................................18
11 Committees......................................................................................18
Part III—Constitution and meetings of the Corporation 20 12 Nature of Corporation......................................................................20
13 Membership of Corporation ............................................................20
14 Term of office of members ..............................................................21
15 Deputy Chairperson.........................................................................21
16 Leave of absence .............................................................................22
17 Resignation of members ..................................................................22
20 Termination of appointments...........................................................23
21 Disclosure of interests by members of Corporation.........................23
22 Meetings of Corporation..................................................................23
Part IV—Australian Grape and Wine Authority Selection
Committee 25
Division 1—Introduction 25
27A Simplified outline of this Part..........................................................25
Division 2—Establishment, functions and powers of the
Authority Selection Committee 26
27B Establishment of the Authority Selection Committee......................26
27C Functions of the Authority Selection Committee ............................26
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27D Powers of the Authority Selection Committee ................................26
27E Minister may request nominations...................................................26
27F Selection of persons by the Authority Selection Committee ...........27
27G Nominations ....................................................................................27
27H Minister may reject nominations .....................................................28
Division 3—Membership of the Authority Selection Committee 29
27J Membership of the Authority Selection Committee ........................29
27K Appointment of members of the Authority Selection
Committee .......................................................................................29
27L Period of appointment for members of the Authority
Selection Committee .......................................................................29
27M Acting Presiding Member of the Authority Selection
Committee .......................................................................................30
Division 4—Terms and conditions for members of the Authority
Selection Committee 31
27N Remuneration ..................................................................................31
27P Disclosure of interests to the Minister .............................................31
27Q Disclosure of interests to the Authority Selection Committee .........31
27R Outside employment........................................................................32
27S Leave of absence .............................................................................32
27T Resignation......................................................................................33
27U Termination of appointment ............................................................33
27V Other terms and conditions..............................................................34
Division 5—Decision-making by the Authority Selection
Committee 35
27W Holding of meetings ........................................................................35
27X Presiding at meetings.......................................................................35
27Y Quorum............................................................................................35
27Z Voting at meetings etc. ....................................................................35
27ZA Conduct of meetings........................................................................35
27ZB Minutes............................................................................................36
Division 6—Other matters 37
27ZC Staff and consultants........................................................................37
27ZD Annual report...................................................................................37
27ZE Definitions.......................................................................................37
Part IVA—Wine Australia Corporation Selection Committee 39 29AA Interpretation ...................................................................................39
29A Establishment of Committee............................................................39
29B Functions of Committee ..................................................................39
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29C Powers of Committee ......................................................................39
29D Minister may request nominations...................................................39
29E Selection of persons by Committee .................................................40
29F Nomination......................................................................................40
29G Minister may reject nominations .....................................................41
29H Membership of Committee ..............................................................41
29J Acting Presiding Member................................................................42
29K Casual vacancy ................................................................................42
29L Remuneration and allowances of members of Committee...............42
29M Leave of absence .............................................................................43
29N Resignation......................................................................................43
29P Termination of appointment of members of Committee..................43
29Q Disclosure of interests by members of Committee ..........................43
29R Meetings of Committee ...................................................................45
29S Resolutions without meetings..........................................................45
29T Staff and consultants........................................................................46
29TA Annual report...................................................................................46
29TB Final report ......................................................................................46
Part IVB—Annual general meeting of the industry 48 29U Interpretation ...................................................................................48
29V List of producers..............................................................................48
29W Corporation to convene annual general meeting..............................49
29X Purpose of annual general meeting..................................................49
29Y Conduct of annual general meeting .................................................50
29ZA Minister to be notified of resolutions...............................................50
Part V—Staff 51 30 Employees .......................................................................................51
Part VA—Operation of Corporation 52
Division 1—Corporate plans 52
31 Corporation to develop corporate plans...........................................52
31A Agreement to corporate plans..........................................................52
31B Variation of corporate plans by Corporation ...................................53
31C Variations of corporate plans at request of Minister ........................54
31D Date of effect of variations ..............................................................54
31E Notice of variation of corporate plans .............................................55
Division 2—Annual operational plans 56
31F Corporation to develop annual operational plans.............................56
31G Agreement to annual operational plans............................................56
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31H Variation of annual operational plans ..............................................57
31J Notice of variation of annual operational plan.................................57
Division 3—Directions 59
31K Directions to Corporation and Geographical Indications
Committee .......................................................................................59
Part VI—Finance 61 31L Corporation‘s component of wine grapes levy ................................61
32 Payments to Corporation .................................................................61
33 Payments by Corporation to Commonwealth ..................................62
34 Borrowing........................................................................................63
34A Corporation may give security.........................................................64
34B Borrowings not otherwise permitted................................................65
35 Application of money of Corporation..............................................65
38 Extra matters to be included in annual report ..................................65
39 Liability to taxation .........................................................................66
Part VIA—Label integrity program 67
Division 1—Preliminary 67
39A Object of Part...................................................................................67
39B Operation of Part .............................................................................67
39C Persons to whom this Part applies ...................................................68
Division 2—Records relating to label claims 69
39F Obligation to keep records...............................................................69
39G When certain details are not required to be kept..............................71
39H Details required under section 39F ..................................................71
39J Offences relating to record-keeping requirements ...........................73
39K Offences relating to requirement to provide and keep a copy
of a record in relation to the supply of wine goods..........................74
39L Time for bringing prosecutions .......................................................74
39M Single wines and blends etc.............................................................75
39ZAA Corporation may require records .....................................................75
39ZAB Failure to comply with section 39ZAA notice.................................76
39ZAC Corporation may retain records .......................................................76
Division 3—Inspection 77
39ZA Appointment of inspectors...............................................................77
39ZB Identity cards ...................................................................................77
39ZC Monitoring powers of inspectors—exercised with consent .............78
39ZD Monitoring warrants ........................................................................78
39ZE Offence powers of inspectors—exercised with consent ..................79
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39ZF Offence related warrants..................................................................80
39ZG Discovery of evidence .....................................................................80
39ZH Power to require persons to answer questions and produce
documents........................................................................................81
39ZI Search warrants by telephone and other electronic means...............82
39ZIA Offences relating to warrants by telephone and other
electronic means ..............................................................................84
Division 4—Use of records and results of inspection 86
39ZJ Corporation to assist enforcement of laws on description of
wine .................................................................................................86
39ZK Proceedings not to lie against Corporation etc.................................86
39ZL Corporation may assist in relation to levy .......................................86
Part VIB—Protection of geographical indications and other
terms 88
Division 1—Preliminary 88
40 Interpretation ...................................................................................88
40A Object of Part...................................................................................88
40B Additional operation of Part ............................................................88
Division 2—Provisions relating to sale, export or import of wine 90
Subdivision A—Sale, export or import of wine with a false
description and presentation 90
40C Offence—sale, export or import of wine with a false
description and presentation ............................................................90
40D False descriptions and presentations................................................90
40DA Circumstances in which description and presentation is not
false—general..................................................................................91
40DB Circumstances in which description and presentation is not
false—inclusion of registered traditional expressions .....................93
Subdivision B—Sale, export or import of wine with a misleading
description and presentation 95
40E Sale, export or import of wine with a misleading description
and presentation...............................................................................95
40F Misleading descriptions and presentations ......................................96
40FA Circumstances in which description and presentation is not
misleading—general........................................................................98
40FB Circumstances in which description and presentation is not
misleading—inclusion of registered traditional expressions ...........99
Subdivision C—Other provisions relating to sale, export or
import of wine 100
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40G Sale, export or import of wine in contravention of registered
conditions of use............................................................................100
40J Exception for certain wines ...........................................................102
40K Prosecution of offences .................................................................103
40M Application of national food standards to wines imported
from foreign countries ...................................................................104
Division 3—Establishment, function and powers of Geographical
Indications Committee 106
40N Establishment of Committee..........................................................106
40P Function and powers of Committee...............................................106
Division 4—Australian geographical indications 107
Subdivision A—What this Division is about 107
40PA What this Division is about ...........................................................107
Subdivision B—Powers of Committee to determine geographical
indications 107
40Q Power of Committee to determine geographical indications .........107
40QA Committee must await decisions under Subdivision D..................108
Subdivision C—Applications for determinations of geographical
indications 108
40R Applications for determinations ....................................................108
Subdivision D—Objections to determination of geographical
indications based on pre-existing trade mark
rights 108
40RA Notice to be given of proposed geographical indication................108
40RB Grounds of objection to the determination of a geographical
indication.......................................................................................109
40RC Consideration of objections ...........................................................111
40RD Notice to be given of decision .......................................................112
40RE Decision that ground of objection no longer exists........................113
40RF Appeals..........................................................................................114
40RG Decisions made under this Division not to affect rights under
Trade Marks Act............................................................................115
Subdivision E—Determinations of geographical indications 115
40SA When may a determination be made under this Subdivision? .......115
40S Consultation by the Committee .....................................................116
40T Making of determinations..............................................................117
40U Interim determination ....................................................................117
40V Publication of notice of interim determination ..............................118
40W Final determination........................................................................118
40X Publication of notice of final determination ..................................118
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40Y Review of final determination .......................................................119
40Z Date of effect of final determination..............................................119
Division 4A—Omission of Australian registered geographical
indications 121
Subdivision A—What this Division is about 121
40ZAA What this Division is about ...........................................................121
Subdivision B—Omission of Australian GIs for non-use 121
40ZAB Power of Committee to determine that an Australian GI
should be omitted from the Register..............................................121
40ZAC Application ....................................................................................121
40ZAD Further information concerning an application..............................122
40ZAE Notice by Committee.....................................................................122
40ZAF Determination by Committee ........................................................123
40ZAG Notice of determination .................................................................124
40ZAH AAT review of a determination .....................................................124
40ZAI Date of effect of determination to omit GI ....................................124
Subdivision C—Omission of Australian GIs because no longer
required 125
40ZAJ Application ....................................................................................125
40ZAK Further information concerning an application..............................126
40ZAL Notice by Committee.....................................................................126
40ZAM Meaning of interested person.........................................................126
40ZAN Determination by Committee ........................................................127
40ZAO Notice of determination .................................................................127
40ZAP Date of effect of determination to omit Australian GI ...................128
Division 4B—Foreign geographical indications and translations 129
40ZAQ Determination of foreign geographical indications and
translations ....................................................................................129
40ZAR Appeals against decisions of Registrar of Trade Marks.................130
40ZAS Decisions not to affect rights under Trade Marks Act ...................131
40ZAT Determinations for the omission from the Register of foreign
geographical indications and translations ......................................131
Division 5—Register of Protected Geographical Indications and
Other Terms 132
40ZA Registrar ........................................................................................132
40ZB Functions of Registrar ...................................................................132
40ZC Register of Protected Geographical Indications and Other
Terms.............................................................................................133
40ZD Contents of Register ......................................................................133
40ZE Inspection of Register....................................................................138
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Division 6—Inspection 139
40ZF Inspection powers..........................................................................139
Part VII—Miscellaneous 140 41A Remuneration and allowances of members of Corporation
etc. .................................................................................................140
43 Delegation .....................................................................................141
44 Offences in relation to export of grape products............................142
44AA Time for bringing prosecutions .....................................................142
44AB Injunctions.....................................................................................142
44A Conduct by directors, servants or agents .......................................144
45 Operation of certain laws not restricted .........................................145
46 Regulations....................................................................................145
Part VIII—Repeal of certain Acts and consequent transitional
provisions 148 47 Interpretation .................................................................................148
49 Rights etc. of Board to vest in Corporation etc..............................148
50 Instrument etc. not liable to stamp duty etc. ..................................149
51 Application of moneys of Corporation ..........................................149
53 Employees of Board ......................................................................149
54 Report on operations of Board.......................................................149
55 Regulations....................................................................................150
Schedule—Administrative provisions relating to the
Geographical Indications Committee 151 1 Interpretation .................................................................................151
2 Membership of Committee ............................................................151
3 Acting Presiding Member..............................................................152
4 Alternate members of the Committee ............................................152
5 Term of office................................................................................153
6 Resignation....................................................................................153
7 Termination of appointment ..........................................................153
8 Leave of absence ...........................................................................154
9 Disclosure of interests by Committee members ............................154
10 Meetings ........................................................................................155
11 Staff and consultants......................................................................156
12 Information for inclusion in Corporation‘s annual report ..............156
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Endnotes 157
Endnote 1—About the endnotes 157
Endnote 2—Abbreviation key 159
Endnote 3—Legislation history 160
Endnote 4—Amendment history 168
Endnote 5—Uncommenced amendments 181
Grape and Wine Legislation Amendment (Australian Grape and Wine
Authority) Act 2013 (No. 136, 2013) ............................................181
Rural Research and Development Legislation Amendment Act 2013
(No. 146, 2013) .............................................................................221
Endnote 6—Modifications 224
A.C.T. Self-Government (Consequential Provisions) Regulations...............224
Endnote 7—Misdescribed amendments [none] 225
Endnote 8—Miscellaneous [none] 225
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ComLaw Authoritative Act C2013C00691
Preliminary Part I
Section 1
Wine Australia Corporation Act 1980 1
An Act to establish a Wine Australia Corporation,
and for related purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Wine Australia Corporation Act 1980.
2 Commencement
(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).
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Section 4
2 Wine Australia Corporation Act 1980
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.
Authority means the Australian Grape and Wine Authority.
Note: The Authority will be established on 1 July 2014.
Authority Selection Committee means the Australian Grape and
Wine Authority Selection Committee.
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.
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Wine Australia Corporation Act 1980 3
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.
Corporation Selection Committee means the Wine Australia
Corporation Selection Committee.
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).
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
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Section 4
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(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
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Section 4
Wine Australia Corporation Act 1980 5
(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.
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6 Wine Australia Corporation Act 1980
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.
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Wine Australia Corporation Act 1980 7
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:
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(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.
representative organisation has the meaning given by
section 5BA.
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Wine Australia Corporation Act 1980 9
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.
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Section 4A
10 Wine Australia Corporation Act 1980
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 September 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.
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Preliminary Part I
Section 4B
Wine Australia Corporation Act 1980 11
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
(1) If 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.
(2) A declaration must be published on the Department‘s website as
soon as practicable after it is made.
5B Declared wine grape growers organisation
(1) 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.
(2) A declaration must be published on the Department‘s website as
soon as practicable after it is made.
5BA Representative organisations
(1) For the purposes of this Act, each of the following organisations is
a representative organisation:
(a) a declared winemakers organisation;
(b) a declared wine grape growers organisation;
(c) an organisation that the Minister declares, by legislative
instrument, to be a representative organisation for the
purposes of this Act.
(2) The Minister must not declare an organisation under
paragraph (1)(c) unless the Minister is satisfied that the objects or
ComLaw Authoritative Act C2013C00691
Part I Preliminary
Section 5C
12 Wine Australia Corporation Act 1980
activities of the organisation relate to either or both of the
following:
(a) the grape industry;
(b) the wine industry.
(3) The Minister must ensure that at least one organisation is a
representative organisation for the purposes of this Act.
(4) A declaration under paragraph (1)(c) must be published on the
Department‘s website as soon as practicable after it is made.
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
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Preliminary Part I
Section 5D
Wine Australia Corporation Act 1980 13
particular region or locality of a country only if the wine or
extract is made from grapes grown in that region or locality.
ComLaw Authoritative Act C2013C00691
Part II Wine Australia Corporation
Section 6
14 Wine Australia Corporation Act 1980
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
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Section 8
Wine Australia Corporation Act 1980 15
(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
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Section 8
16 Wine Australia Corporation Act 1980
(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
ComLaw Authoritative Act C2013C00691
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Section 8
Wine Australia Corporation Act 1980 17
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.‘.
ComLaw Authoritative Act C2013C00691
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Section 10
18 Wine Australia Corporation Act 1980
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.
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Section 11
Wine Australia Corporation Act 1980 19
(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.
ComLaw Authoritative Act C2013C00691
Part III Constitution and meetings of the Corporation
Section 12
20 Wine Australia Corporation Act 1980
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;
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Constitution and meetings of the Corporation Part III
Section 14
Wine Australia Corporation Act 1980 21
(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 Corporation Selection Committee
in accordance with section 29F.
(5A) Subsection (5) does not apply to the reappointment of a member if
the member is reappointed for the period:
(a) beginning at the start of 1 May 2014; and
(b) ending at the end of 30 June 2014.
(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
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Section 16
22 Wine Australia Corporation Act 1980
and the Presiding Member of the Corporation 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.
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Constitution and meetings of the Corporation Part III
Section 20
Wine Australia Corporation Act 1980 23
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.
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Part III Constitution and meetings of the Corporation
Section 22
24 Wine Australia Corporation Act 1980
(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.
ComLaw Authoritative Act C2013C00691
Australian Grape and Wine Authority Selection Committee Part IV
Introduction Division 1
Section 27A
Wine Australia Corporation Act 1980 25
Part IV—Australian Grape and Wine Authority
Selection Committee
Division 1—Introduction
27A Simplified outline of this Part
• This Part establishes the Australian Grape and Wine Authority
Selection Committee.
• The functions of the Committee are:
(a) to select persons to be nominated for appointment as
directors of the Authority (other than the Chair); and
(b) to nominate persons so selected to the Minister for
appointment as directors of the Authority; and
(c) to give the Minister a list of other persons the Authority
Selection Committee considers suitable for nomination
and the details of their qualifications and experience.
ComLaw Authoritative Act C2013C00691
Part IV Australian Grape and Wine Authority Selection Committee
Division 2 Establishment, functions and powers of the Authority Selection Committee
Section 27B
26 Wine Australia Corporation Act 1980
Division 2—Establishment, functions and powers of the
Authority Selection Committee
27B Establishment of the Authority Selection Committee
A committee to be known as the Australian Grape and Wine
Authority Selection Committee is established.
Note: In this Act, Authority Selection Committee means the Australian
Grape and Wine Authority Selection Committee—see section 4.
27C Functions of the Authority Selection Committee
The functions of the Authority Selection Committee are:
(a) to select persons to be nominated for appointment as
directors of the Authority (other than the Chair); and
(b) to nominate persons so selected to the Minister for
appointment as directors of the Authority; and
(c) to give the Minister a list of other persons the Authority
Selection Committee considers suitable for nomination and
the details of their qualifications and experience.
27D Powers of the Authority Selection Committee
The Authority Selection 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.
27E Minister may request nominations
The Minister may, by written notice given to the Presiding
Member of the Authority Selection Committee, request the
Authority Selection Committee to give to the Minister, within the
period specified in the notice, a specified number of written
nominations of persons for appointment as a director or directors of
the Authority (other than the Chair).
ComLaw Authoritative Act C2013C00691
Australian Grape and Wine Authority Selection Committee Part IV
Establishment, functions and powers of the Authority Selection Committee Division 2
Section 27F
Wine Australia Corporation Act 1980 27
27F Selection of persons by the Authority Selection Committee
(1) The Authority Selection Committee must not nominate a person
for appointment as a director of the Authority unless the person is
eligible for that appointment.
(2) The Authority Selection Committee must not nominate a person
for appointment as a director of the Authority if:
(a) the person is a member of the Authority Selection
Committee; or
(b) the person has been a member of the Authority Selection
Committee at any time during the 12-month period preceding
the nomination.
27G Nominations
(1) If the Minister gives a request to the Presiding Member of the
Authority Selection Committee under section 27E:
(a) the Authority Selection Committee must, before the end of
the period specified in the notice, select persons to be
nominated for appointment to the office or offices concerned;
and
(b) the Presiding Member of the Authority Selection Committee
must, on behalf of the Authority Selection Committee, before
the end of that period:
(i) give to the Minister the number of nominations
specified in the request; and
(ii) make a list of any other persons the Authority Selection
Committee considers suitable for nomination (and the
details of their qualifications and experience) and give
the list to the Minister.
(1A) The Authority Selection Committee must not include a person on
the list given to the Minister under subparagraph (1)(b)(ii) unless,
within the 12-month period preceding the giving of the list:
(a) the Committee considered the person suitable for
nomination; and
(b) the person was not so nominated.
ComLaw Authoritative Act C2013C00691
Part IV Australian Grape and Wine Authority Selection Committee
Division 2 Establishment, functions and powers of the Authority Selection Committee
Section 27H
28 Wine Australia Corporation Act 1980
(2) If the Authority Selection Committee proposes to nominate a
person for appointment as a director of the Authority, the Presiding
Member of the Authority Selection Committee must 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 Authority
Selection Committee thinks will assist the Minister in
considering whether to appoint the person.
(3) The Authority Selection Committee may nominate a person for
appointment even though:
(a) the Minister has previously rejected a nomination of that
person; or
(b) the Authority Selection Committee has previously decided
not to nominate the person for appointment.
27H Minister may reject nominations
If the Minister is not satisfied that a person nominated by the
Authority Selection Committee for appointment as a director of the
Authority, or any person included on the list given to the Minister
under subparagraph 27G(1)(b)(ii), should be appointed as such a
director, the Minister may make a further request under
section 27E for a specified number of nominations of persons for
appointment to the office concerned.
ComLaw Authoritative Act C2013C00691
Australian Grape and Wine Authority Selection Committee Part IV
Membership of the Authority Selection Committee Division 3
Section 27J
Wine Australia Corporation Act 1980 29
Division 3—Membership of the Authority Selection
Committee
27J Membership of the Authority Selection Committee
The Authority Selection Committee consists of the following
members:
(a) a Presiding Member;
(b) not more than 4 other members.
27K Appointment of members of the Authority Selection Committee
(1) Each member of the Authority Selection Committee is to be
appointed by the Minister by written instrument.
Note: A member of the Authority Selection Committee is eligible for
reappointment: see the Acts Interpretation Act 1901.
(2) A member of the Authority Selection Committee holds office on a
part-time basis.
(3) A member of the Authority Selection Committee (other than the
Presiding Member) must be a person who has been nominated by a
representative organisation.
(4) A person who is a director of the Authority is not eligible to be
appointed as a member of the Authority Selection Committee.
27L Period of appointment for members of the Authority Selection
Committee
A member of the Authority Selection Committee holds office for
the period specified in the instrument of appointment. The period
must not exceed 3 years.
Note: For reappointment, see the Acts Interpretation Act 1901.
ComLaw Authoritative Act C2013C00691
Part IV Australian Grape and Wine Authority Selection Committee
Division 3 Membership of the Authority Selection Committee
Section 27M
30 Wine Australia Corporation Act 1980
27M Acting Presiding Member of the Authority Selection
Committee
The Minister may appoint a person to act as the Presiding Member
of the Authority Selection Committee:
(a) during a vacancy in the office of the Presiding Member of the
Authority Selection Committee (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 of the Authority Selection Committee:
(i) is absent from duty or Australia; or
(ii) is, for any reason, unable to perform the duties of the
office.
ComLaw Authoritative Act C2013C00691
Australian Grape and Wine Authority Selection Committee Part IV
Terms and conditions for members of the Authority Selection Committee Division 4
Section 27N
Wine Australia Corporation Act 1980 31
Division 4—Terms and conditions for members of the
Authority Selection Committee
27N Remuneration
(1) A member of the Authority Selection Committee is to be paid the
remuneration that is determined by the Remuneration Tribunal. If
no determination of that remuneration by the Tribunal is in
operation, a member of the Authority Selection Committee is to be
paid the remuneration that is prescribed by the regulations.
(2) A member of the Authority Selection Committee is to be paid the
allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
27P Disclosure of interests to the Minister
A member of the Authority Selection Committee must give written
notice to the Minister of all interests, pecuniary or otherwise, that
the member has or acquires and that conflict or could conflict with
the proper performance of the member‘s functions.
27Q Disclosure of interests to the Authority Selection Committee
(1) A member of the Authority Selection Committee who has an
interest, pecuniary or otherwise, in a matter being considered or
about to be considered by the Authority Selection Committee must
disclose the nature of the interest to a meeting of the Authority
Selection Committee.
(2) The disclosure must be made as soon as possible after the relevant
facts have come to the knowledge of the member of the Authority
Selection Committee.
(3) The disclosure must be recorded in the minutes of the meeting of
the Authority Selection Committee.
ComLaw Authoritative Act C2013C00691
Part IV Australian Grape and Wine Authority Selection Committee
Division 4 Terms and conditions for members of the Authority Selection Committee
Section 27R
32 Wine Australia Corporation Act 1980
(4) Unless the Authority Selection Committee otherwise determines,
the member of the Authority Selection Committee:
(a) must not be present during any deliberation by the Authority
Selection Committee on the matter; and
(b) must not take part in any decision of the Authority Selection
Committee with respect to the matter.
(5) For the purposes of making a determination under subsection (4),
the member of the Authority Selection Committee:
(a) must not be present during any deliberation of the Authority
Selection Committee for the purpose of making the
determination; and
(b) must not take part in making the determination.
(6) A determination under subsection (4) must be recorded in the
minutes of the meeting of the Authority Selection Committee.
(7) A member of the Authority Selection Committee who is a grape
grower or a winemaker is taken not to have an interest (pecuniary
or otherwise) in a matter being considered or about to be
considered by the Authority Selection Committee by reason only
of being a grape grower or a winemaker.
27R Outside employment
(1) A member of the Authority Selection Committee must not engage
in any paid employment that conflicts or may conflict with the
proper performance of his or her duties.
(2) For the purposes of this Division, paid employment as a grape
grower or a winemaker is taken not to be paid employment that
conflicts with the proper performance of duties.
27S Leave of absence
(1) The Minister may grant leave of absence to the Presiding Member
of the Authority Selection Committee on the terms and conditions
that the Minister determines.
(2) The Presiding Member of the Authority Selection Committee may
grant leave of absence to a member of the Authority Selection
ComLaw Authoritative Act C2013C00691
Australian Grape and Wine Authority Selection Committee Part IV
Terms and conditions for members of the Authority Selection Committee Division 4
Section 27T
Wine Australia Corporation Act 1980 33
Committee on the terms and conditions that the Presiding Member
determines.
27T Resignation
(1) A member of the Authority Selection Committee may resign his or
her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the
Minister or, if a later day is specified in the resignation, on that
later day.
27U Termination of appointment
(1) The Minister may terminate the appointment of a member of the
Authority Selection Committee if the member is unable to perform
the duties of his or her office because of physical or mental
incapacity.
(2) The Minister may terminate the appointment of a member of the
Authority Selection Committee if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the
benefit of his or her creditors; or
(b) the member fails, without reasonable excuse, to comply with
section 27P or 27Q; or
(c) the member engages in paid employment that conflicts or
may conflict with the proper performance of his or her duties
(see section 27R); or
(d) the member is absent, except on leave of absence, from 3
consecutive meetings of the Authority Selection Committee.
ComLaw Authoritative Act C2013C00691
Part IV Australian Grape and Wine Authority Selection Committee
Division 4 Terms and conditions for members of the Authority Selection Committee
Section 27V
34 Wine Australia Corporation Act 1980
27V Other terms and conditions
A member of the Authority Selection Committee holds office on
the terms and conditions (if any) in relation to matters not covered
by this Act that are determined by the Minister.
ComLaw Authoritative Act C2013C00691
Australian Grape and Wine Authority Selection Committee Part IV
Decision-making by the Authority Selection Committee Division 5
Section 27W
Wine Australia Corporation Act 1980 35
Division 5—Decision-making by the Authority Selection
Committee
27W Holding of meetings
(1) The Authority Selection Committee is to hold such meetings as are
necessary for the performance of its functions.
(2) The Presiding Member of the Authority Selection Committee may
convene a meeting at any time.
27X Presiding at meetings
(1) The Presiding Member of the Authority Selection Committee
presides at all meetings at which he or she is present.
(2) If the Presiding Member of the Authority Selection Committee is
not present at a meeting, the members of the Authority Selection
Committee present must appoint one of themselves to preside.
27Y Quorum
At a meeting of the Authority Selection Committee, 2 members of
the Authority Selection Committee constitute a quorum.
27Z Voting at meetings etc.
(1) At a meeting of the Authority Selection Committee, a question is
decided by a majority of the votes of members of the Authority
Selection Committee present and voting.
(2) The person presiding at a meeting has a deliberative vote and, in
the event of an equality of votes, also has a casting vote.
27ZA Conduct of meetings
The Authority Selection Committee may, subject to this Division,
regulate proceedings at its meetings as it considers appropriate.
ComLaw Authoritative Act C2013C00691
Part IV Australian Grape and Wine Authority Selection Committee
Division 5 Decision-making by the Authority Selection Committee
Section 27ZB
36 Wine Australia Corporation Act 1980
Note: Section 33B of the Acts Interpretation Act 1901 provides for
participation in meetings by telephone etc.
27ZB Minutes
The Authority Selection Committee must keep minutes of its
meetings.
ComLaw Authoritative Act C2013C00691
Australian Grape and Wine Authority Selection Committee Part IV
Other matters Division 6
Section 27ZC
Wine Australia Corporation Act 1980 37
Division 6—Other matters
27ZC Staff and consultants
(1) The Presiding Member of the Authority Selection Committee may,
on behalf of the Authority Selection Committee, engage persons to
perform administrative and clerical services in connection with the
performance of its functions.
(2) The Presiding Member of the Authority Selection Committee may,
on behalf of the Authority Selection Committee, engage persons
having suitable qualifications and experience as consultants to the
Authority Selection Committee.
(3) The terms and conditions of engagement of persons engaged under
subsection (1) or (2) are as determined by the Authority Selection
Committee.
27ZD Annual report
(1) The Authority Selection 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 Authority Selection 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 of the Authority Selection Committee and the
Chair, be included, as a discrete part, in the annual report for the
Authority for that financial year.
Note: The annual reporting obligations for the Authority 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 tabled in each House
of the Parliament within 15 sitting days of that House after the
Minister has received the report.
27ZE Definitions
In this Part:
ComLaw Authoritative Act C2013C00691
Part IV Australian Grape and Wine Authority Selection Committee
Division 6 Other matters
Section 27ZE
38 Wine Australia Corporation Act 1980
Chair means the Chair of the Authority.
director means a director of the Authority, and includes the Chair.
ComLaw Authoritative Act C2013C00691
Wine Australia Corporation Selection Committee Part IVA
Section 29AA
Wine Australia Corporation Act 1980 39
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:
ComLaw Authoritative Act C2013C00691
Part IVA Wine Australia Corporation Selection Committee
Section 29E
40 Wine Australia Corporation Act 1980
(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
ComLaw Authoritative Act C2013C00691
Wine Australia Corporation Selection Committee Part IVA
Section 29G
Wine Australia Corporation Act 1980 41
(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.
ComLaw Authoritative Act C2013C00691
Part IVA Wine Australia Corporation Selection Committee
Section 29J
42 Wine Australia Corporation Act 1980
(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
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.
Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
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.
ComLaw Authoritative Act C2013C00691
Wine Australia Corporation Selection Committee Part IVA
Section 29M
Wine Australia Corporation Act 1980 43
(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
ComLaw Authoritative Act C2013C00691
Part IVA Wine Australia Corporation Selection Committee
Section 29Q
44 Wine Australia Corporation Act 1980
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.
ComLaw Authoritative Act C2013C00691
Wine Australia Corporation Selection Committee Part IVA
Section 29R
Wine Australia Corporation Act 1980 45
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.
ComLaw Authoritative Act C2013C00691
Part IVA Wine Australia Corporation Selection Committee
Section 29T
46 Wine Australia Corporation Act 1980
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.
(4) This section does not apply to a report for the financial year that
began on 1 July 2013.
29TB Final report
(1) The Committee must, as soon as practicable after the end of the
final reporting period, prepare and give to the Minister, for
ComLaw Authoritative Act C2013C00691
Wine Australia Corporation Selection Committee Part IVA
Section 29TB
Wine Australia Corporation Act 1980 47
presentation to the Parliament, a report on its operations (if any)
during that period.
Note: See also section 34C of the Acts Interpretation Act 1901, which
contains extra rules about annual reports.
(2) For the purposes of this section, the final reporting period means
the period:
(a) beginning at the start of 1 July 2013; and
(b) ending at the end of 30 April 2014.
ComLaw Authoritative Act C2013C00691
Part IVB Annual general meeting of the industry
Section 29U
48 Wine Australia Corporation Act 1980
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
ComLaw Authoritative Act C2013C00691
Annual general meeting of the industry Part IVB
Section 29W
Wine Australia Corporation Act 1980 49
(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
ComLaw Authoritative Act C2013C00691
Part IVB Annual general meeting of the industry
Section 29Y
50 Wine Australia Corporation Act 1980
(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.
ComLaw Authoritative Act C2013C00691
Staff Part V
Section 30
Wine Australia Corporation Act 1980 51
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.
ComLaw Authoritative Act C2013C00691
Part VA Operation of Corporation
Division 1 Corporate plans
Section 31
52 Wine Australia Corporation Act 1980
Part VA—Operation of Corporation
Division 1—Corporate plans
31 Corporation to develop corporate plans
(1) The Corporation shall, in accordance with this section, develop, for
the purpose of the more effective performance by the Corporation
of its functions, a plan:
(a) defining what, in the opinion of the Corporation, should be
the principal objectives of the Corporation;
(b) giving a broad outline of the strategies that should, in the
opinion of the Corporation, be pursued in achieving those
objectives;
(c) setting out the Corporation‘s assessment, for the period to
which the plan relates, of the market outlook and the
economic outlook for the industry.
(2) The first corporate plan shall relate to such period, being a period
commencing on 1 November 1986 or such later day as the Minister
approves and ending on 30 June 1989, 30 June 1990 or 30 June
1991, as the Corporation determines.
(3) Each subsequent corporate plan shall relate to such period, being a
period of 3, 4 or 5 years commencing on the 1 July immediately
following the end of the period to which the previous plan related,
as the Corporation determines.
31A Agreement to corporate plans
(1) The Corporation shall cause a copy of a corporate plan prepared
under section 31 to be given to the Minister:
(a) in the case of the first plan—on or before 1 October 1986 or
such later day as the Minister approves; or
(b) in any other case—at least 3 months before the
commencement of the period to which the plan relates.
ComLaw Authoritative Act C2013C00691
Operation of Corporation Part VA
Corporate plans Division 1
Section 31B
Wine Australia Corporation Act 1980 53
(2) Where a copy of a corporate plan is given to the Minister, the
Minister may, by notice in writing given to the Corporation:
(a) agree to the plan; or
(b) if the Minister is of the opinion that, in the interests of the
industry or of a particular sector of the industry, the plan
should be revised in some respect—request the Corporation
to revise the plan appropriately.
(3) The Minister shall include in the notice of request under
paragraph (2)(b) a statement setting out the Minister‘s reasons for
making the request.
(4) Where the Corporation receives a request under paragraph (2)(b),
the Corporation shall consider the request and statement of reasons,
make such revision of the corporate plan as it considers appropriate
and re-submit the revised plan to the Minister for the Minister‘s
agreement.
(5) A corporate plan comes into force:
(a) at the commencement of the period to which the plan relates;
or
(b) on the day on which the Corporation receives notice of the
Minister‘s agreement;
whichever is the later.
31B Variation of corporate plans by Corporation
(1) Subject to subsection (4), the Corporation shall not vary a
corporate plan of its own motion except with the agreement of the
Minister.
(2) Where the Corporation wishes to vary a corporate plan, the
Corporation shall prepare written proposals for the variations and
give a copy of the proposals to the Minister together with a
statement setting out the Corporation‘s reasons for making the
proposals.
(3) The Minister may, after considering proposals for variation of a
corporate plan submitted under subsection (2) and the reasons for
ComLaw Authoritative Act C2013C00691
Part VA Operation of Corporation
Division 1 Corporate plans
Section 31C
54 Wine Australia Corporation Act 1980
making those proposals, by notice in writing given to the
Corporation, agree to or reject the proposals.
(4) Nothing in this section prevents the Corporation making variations
of a minor nature to a corporate plan.
31C Variations of corporate plans at request of Minister
(1) The Minister may, by notice in writing given to the Corporation,
request the Corporation to vary a corporate plan in the manner set
out in the notice of request.
(2) Where the Minister makes a request under subsection (1), the
Minister shall include in the notice of request a statement setting
out the Minister‘s reasons for making the request.
(3) Where the Corporation receives a request under subsection (1), the
Corporation shall consider the request and statement of reasons,
prepare written proposals for such variation of the plan as the
Corporation considers appropriate and submit those proposals to
the Minister for the Minister‘s agreement.
(4) The Minister may, after considering proposals for variation of a
corporate plan submitted under subsection (3), by notice in writing
given to the Corporation, agree to or reject the proposals.
31D Date of effect of variations
Where:
(a) a corporate plan has come into force; and
(b) a variation to the plan is agreed to by the Minister under
section 31B or 31C or the Corporation makes a variation of a
minor nature to the plan;
the plan shall continue in force on and after the day on which the
Corporation receives notice of the Minister‘s agreement or the day
on which the Corporation makes the variation of a minor nature, as
the case may be, as if the Minister had originally agreed to the plan
as so varied.
ComLaw Authoritative Act C2013C00691
Operation of Corporation Part VA
Corporate plans Division 1
Section 31E
Wine Australia Corporation Act 1980 55
31E Notice of variation of corporate plans
Where a variation of a corporate plan is agreed to by the Minister
in accordance with section 31B or 31C, particulars of the variation
shall be included in the annual report of the Corporation for the
year in which the variation was made.
ComLaw Authoritative Act C2013C00691
Part VA Operation of Corporation
Division 2 Annual operational plans
Section 31F
56 Wine Australia Corporation Act 1980
Division 2—Annual operational plans
31F Corporation to develop annual operational plans
(1) Subject to subsection (2), the Corporation shall, in relation to each
financial year of a period to which a corporate plan relates or to
which an intended corporate plan will relate, develop an annual
operational plan setting out particulars of the action that the
Corporation intends to take in order to give effect to or further,
during that year, the matters set out in that corporate plan.
(2) The first annual operational plan shall relate to the period
commencing on the day on which the first corporate plan comes
into force and ending on the first 30 June after that day and, for the
purposes of the operation of subsection (1) in relation to that first
annual operational plan, references in that subsection to a financial
year shall be read as references to the period to which that first
plan relates.
(3) Each subsequent annual operational plan shall relate to the
financial year commencing immediately after the end of the period
to which the previous annual operational plan related.
31G Agreement to annual operational plans
(1) The Corporation must cause a copy of an annual operational plan
prepared under section 31F to be given to the Minister:
(a) at least 2 months before the start of the period to which the
plan relates; or
(b) by such later time (whether before or after the start of the
period to which the plan relates) as the Minister, in
exceptional circumstances, allows.
(2) Where a copy of an annual operational plan is given to the
Minister, the Minister may, by notice in writing given to the
Corporation:
(a) agree to the plan; or
(b) if the Minister is of the opinion that the plan is inconsistent
with the provisions of the corporate plan that relates, or the
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Operation of Corporation Part VA
Annual operational plans Division 2
Section 31H
Wine Australia Corporation Act 1980 57
intended corporate plan that will relate, to a period that
includes, or will include, the period to which the
first-mentioned plan will relate—request the Corporation to
revise the first-mentioned plan appropriately.
(3) The Minister shall include in the notice of a request under
paragraph (2)(b) a statement setting out the Minister‘s reasons for
making the request.
(4) Where the Corporation receives a request under paragraph (2)(b),
the Corporation shall consider the request and statement of reasons,
make such revision of the annual operational plan as it considers
appropriate and re-submit the revised plan to the Minister for the
Minister‘s agreement.
(5) An annual operational plan comes into force:
(a) at the commencement of the period to which the plan relates;
or
(b) on the day on which the Corporation receives notice of the
Minister‘s agreement;
whichever is the later.
31H Variation of annual operational plans
(1) Sections 31B, 31C and 31D apply to annual operational plans in
the same manner as those sections apply to corporate plans.
(2) Where, if a proposed variation of a corporate plan were to be
agreed to by the Minister, a relevant annual operational plan would
not be consistent with the provisions of the corporate plan, the
Corporation shall, at the time of submitting to the Minister for
agreement proposals for variation to the corporate plan, also submit
to the Minister proposals for appropriate variations of that annual
operational plan.
31J Notice of variation of annual operational plan
Where a variation of an annual operational plan is agreed to by the
Minister in accordance with section 31H, particulars of the
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Division 2 Annual operational plans
Section 31J
58 Wine Australia Corporation Act 1980
variation shall be included in the annual report of the Corporation
for the year in which the variation was made.
ComLaw Authoritative Act C2013C00691
Operation of Corporation Part VA
Directions Division 3
Section 31K
Wine Australia Corporation Act 1980 59
Division 3—Directions
31K Directions to Corporation and Geographical Indications
Committee
(1) Except as provided by this section and the Commonwealth
Authorities and Companies Act 1997, the Corporation is not
subject to direction by or on behalf of the Commonwealth
Government.
(2) Subject to this section, where the Minister is satisfied that, because
of the existence of exceptional circumstances, it is necessary to
give a direction to the Corporation in order to ensure that the
performance of the functions, or the exercise of the powers, of the
Corporation does not conflict with major government policies, the
Minister may, by notice in writing to the Corporation, give the
direction to the Corporation with respect to the performance of its
functions and the exercise of its powers.
(3) The Minister shall not give a direction under subsection (2) unless
and until the Minister has given the Chairperson:
(a) notice in writing that the Minister is contemplating giving the
direction; and
(b) an adequate opportunity to discuss with the Minister the need
for the proposed direction.
(4) The Corporation shall comply with any direction given under
subsection (2).
(5) Where the Minister gives a direction to the Corporation under
subsection (2):
(a) the Minister shall cause a notice in writing setting out
particulars of the direction to be published in the Gazette as
soon as practicable after giving the direction;
(b) the Minister shall cause a copy of that notice to be laid before
each House of the Parliament within 15 sitting days of the
House after giving the direction;
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Division 3 Directions
Section 31K
60 Wine Australia Corporation Act 1980
(c) particulars of the direction shall be included in the annual
report of the Corporation for the year in which the direction
was given; and
(d) that report shall include particulars of the impact of that
direction on the operations of the Corporation.
(6) This section applies in relation to the Geographical Indications
Committee in the same way as it applies in relation to the
Corporation.
(7) For the purposes of this section as it so applies in relation to the
Geographical Indications Committee:
(a) references (other than the reference in paragraph (5)(c)) to
the Corporation are taken to be references to that Committee;
and
(b) the reference in subsection (3) to the Chairperson is taken to
be a reference to the Presiding Member of that Committee.
ComLaw Authoritative Act C2013C00691
Finance Part VI
Section 31L
Wine Australia Corporation Act 1980 61
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
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Section 33
62 Wine Australia Corporation Act 1980
(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.
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Section 34
Wine Australia Corporation Act 1980 63
(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
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Part VI Finance
Section 34A
64 Wine Australia Corporation Act 1980
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).
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Section 34B
Wine Australia Corporation Act 1980 65
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 Corporation Selection Committee or the
Corporation Selection Committee in or in connection with
the performance of the functions, or the exercise of the
powers, of the Corporation 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
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66 Wine Australia Corporation Act 1980
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.
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Label integrity program Part VIA
Preliminary Division 1
Section 39A
Wine Australia Corporation Act 1980 67
Part VIA—Label integrity program
Division 1—Preliminary
39A Object of Part
The object of this Part is to advance the objects of this Act by
helping to ensure the truth, and the reputation for truthfulness, of
statements made on wine labels, or made for commercial purposes
in other ways, about the vintage, variety or geographical indication
of wine manufactured in Australia.
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 Part.
39B Operation of Part
Without prejudice to its effect apart from this section, this Part has
the effect it would have if the references in it to a person (the
record keeper) to whom this Part applies were, by express
provision, confined to:
(a) a record keeper who is one of the following (a constitutional
corporation or partnership):
(i) a foreign corporation, within the meaning of
paragraph 51(xx) of the Constitution;
(ii) a trading or financial corporation formed within the
limits of the Commonwealth, within the meaning of that
paragraph;
(iii) a corporation that is controlled by a corporation
described in subparagraph (i) or (ii);
(iv) a partnership in which at least one of the partners is a
corporation described in subparagraph (i), (ii) or (iii); or
(b) a record keeper by or through whom a constitutional
corporation or partnership carries out its business functions
and activities; or
(c) a record keeper who (whether directly or indirectly) supplies
wine goods to a constitutional corporation or partnership.
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Part VIA Label integrity program
Division 1 Preliminary
Section 39C
68 Wine Australia Corporation Act 1980
39C Persons to whom this Part applies
(1) This Part applies to the following persons, except as provided by
subsection (3):
(a) a person who grows grapes that are wine goods;
(b) a manufacturer of wine goods;
(c) a person who supplies or receives wine goods (including a
person who sells the wine goods wholesale or retail or who
exports the wine goods);
(d) a person specified by the regulations for the purposes of this
section;
(e) an agent who takes possession of wine goods on behalf of a
person mentioned in any of paragraphs (a) to (d).
Note: This Part applies only to the extent that the wine goods originate in
Australia (see subsection (4)).
(2) For the purposes of paragraph (1)(d), the regulations may specify:
(a) a class of person to whom this Part applies; or
(b) circumstances in which this Part applies to a specified class
of person.
(3) The regulations may specify that, despite subsection (1), this Part
does not apply to:
(a) a specified class of person; or
(b) a specified class of person in specified circumstances.
(4) This Part applies only to the extent that the wine goods originate in
Australia.
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Label integrity program Part VIA
Records relating to label claims Division 2
Section 39F
Wine Australia Corporation Act 1980 69
Division 2—Records relating to label claims
39F Obligation to keep records
(1) A person (the record keeper) to whom this Part applies (under
section 39C) must keep written records that show the following
details in relation to wine goods:
(a) the identity of the record keeper;
(b) the kind of wine goods to which the record relates;
(c) the date the record keeper receives the wine goods;
(d) the identity of the person from whom the wine goods are
received by the record keeper;
(e) the quantity of the wine goods received by the record keeper;
(f) the vintage, variety and prescribed geographical indication of
the wine goods received by the record keeper;
(g) details of steps taken by the record keeper that changed or
affected any of the following:
(i) the vintage, variety or prescribed geographical
indication of the wine goods;
(ii) the tank or other place or thing in which the wine goods
were stored;
(iii) the volume of the wine goods stored in any such tank,
place or thing;
(h) the date the record keeper supplies the wine goods;
(i) the identity of the person to whom the wine goods are
supplied by the record keeper;
(j) the quantity of the wine goods that are supplied by the record
keeper;
(k) the vintage, variety and prescribed geographical indication of
the wine goods supplied by the record keeper;
(l) any other details in relation to the wine goods that are
prescribed by the regulations for the purposes of this section.
Note 1: Records are required to be kept only to the extent that wine goods
originate in Australia (see subsection 39C(4)).
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Division 2 Records relating to label claims
Section 39F
70 Wine Australia Corporation Act 1980
Note 2: See section 39G (which deals with when certain details are not
required to be kept) and section 39H (which deals with details
required under section 39F).
Note 3: A person commits an offence if the person fails to keep a record in
accordance with this subsection (see section 39J).
Period for keeping records
(2) A record must be kept under subsection (1) for the period:
(a) beginning:
(i) when the event, circumstance or state of affairs that is
required to be recorded occurs; or
(ii) if a record is required to be made before it can be kept—
at the end of 3 days after the day that such an event,
circumstance or state of affairs occurs; and
(b) ending 7 years after that time.
Note: A person commits an offence if the person fails to keep a record in
accordance with this subsection (see section 39J).
Requirement to provide and keep a copy of a record in relation to
supply of wine goods
(3) A person who is required to keep a record under subsection (1)
must, on the day the person supplies the wine goods, provide a
copy of the record kept under paragraphs (1)(h), (j) and (k) to the
person to whom the wine goods are supplied.
Note: A person commits an offence if the person fails to provide a copy of a
record in accordance with this subsection (see section 39K).
(4) A person to whom wine goods are supplied must keep the copy of
the record provided under subsection (3) for the period:
(a) beginning on the day the person receives the copy; and
(b) ending 7 years after that time.
Note: A person commits an offence if the person fails to keep a copy of a
record in accordance with this subsection (see section 39K).
(5) To avoid doubt, the same copy of a record may be kept for the
purposes of paragraphs (1)(c), (e) and (f) and subsection (4).
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Label integrity program Part VIA
Records relating to label claims Division 2
Section 39G
Wine Australia Corporation Act 1980 71
39G When certain details are not required to be kept
Grape growers not required to keep certain records
(1) A person who grows grapes is not required to keep a record
showing details required under paragraphs 39F(1)(c) to (f) in
relation to the grapes grown.
Suppliers and receivers, and their agents, not required to keep
certain records
(2) If:
(a) a person:
(i) supplies or receives wine goods that are packaged in a
container for the purpose of sale of the wine goods to a
consumer; or
(ii) is an agent who, on behalf of a person covered by
subparagraph (i), takes possession of wine goods that
are packaged in a container for the purpose of sale of
the wine goods to a consumer; and
(b) before the wine goods are sold to a consumer, the person has
not taken any steps to change or affect any label claims made
about the wine goods;
the person is not required to keep a record showing details required
under paragraphs 39F(1)(e) to (l) in relation to that supply, receipt
or taking possession of the wine goods.
39H Details required under section 39F
Variety of wines
(1) Details required under paragraph 39F(1)(f) or (k) or
subparagraph 39F(1)(g)(i) may show any name by which a variety
of wine goods is known (if the variety is known by more than one
name).
Identity of a person
(2) Details required under paragraph 39F(1)(a), (d) or (i) must include:
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Division 2 Records relating to label claims
Section 39H
72 Wine Australia Corporation Act 1980
(a) sufficient particulars of a person‘s name and address to
identify the person; and
(b) if the person receives wine goods from or at, or supplies wine
goods from or to, a winery—sufficient particulars of the
name and address of the winery to identify the winery.
Manufacturing wine
(3) Details required under paragraph 39F(1)(g) in relation to wine
goods must be in a form that allows:
(a) an audit trail containing a history of the changes to the wine
goods to be readily traced from the record; and
(b) details of the steps taken and the results of the steps to be
readily checked for discrepancies by following the sequence
of the steps recorded.
Blends
(4) Details required under subsection 39F(1) in relation to wine that is
a blend of wines (the blended wines) of different vintages, varieties
or prescribed geographical indications, must show:
(a) what proportions of the blend are represented by each
blended wine; and
(b) the vintage, variety or prescribed geographical indication of
each blended wine.
Grape extract
(5) Details required under subsection 39F(1) in relation to grape
extract derived from grapes of different vintages, varieties or
prescribed geographical indications must show:
(a) what proportions of the wine goods are derived from each
kind of grape; and
(b) the vintage, variety or prescribed geographical indication of
each kind of grape.
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Records relating to label claims Division 2
Section 39J
Wine Australia Corporation Act 1980 73
39J Offences relating to record-keeping requirements
Failure to keep a record in accordance with requirements
(1) A person commits an offence if:
(a) the person is a person to whom this Part applies; and
(b) the person is required to keep records in relation to wine
goods under subsections 39F(1) and (2); and
(c) the person has not kept a record in accordance with
subsection 39F(1) or (2), or section 39H, in relation to the
wine goods.
Penalty: 2 years imprisonment.
Label claims not supported by records
(2) A person commits an offence if:
(a) the person is a person to whom this Part applies; and
(b) the person is required to keep records in relation to wine
goods under subsections 39F(1) and (2); and
(c) the person makes a label claim in relation to the wine goods;
and
(d) either:
(i) a record kept by the person under those subsections in
relation to the wine goods conflicts with the label claim;
or
(ii) the records kept by the person under those subsections
are inadequate to support the label claim.
Penalty: 2 years imprisonment.
Keeping a false or misleading record
(3) A person commits an offence if:
(a) the person is a person to whom this Part applies; and
(b) the person is required to keep records under
subsections 39F(1) and (2) in relation to wine goods; and
(c) a record kept by the person under those subsections is false
or misleading; and
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Section 39K
74 Wine Australia Corporation Act 1980
(d) the person knows the record is false or misleading.
Penalty: 2 years imprisonment.
(4) Subsection (3) does not apply if the record is not false or
misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (4). (See subsection 13.3(3) of the Criminal Code.)
39K Offences relating to requirement to provide and keep a copy of
a record in relation to the supply of wine goods
Failure to provide a copy of a record in relation to the supply of
wine goods
(1) A person commits an offence if:
(a) the person is a person to whom this Part applies; and
(b) the person is required to provide a copy of a record in
relation to wine goods under subsection 39F(3); and
(c) the person does not provide a copy in accordance with that
subsection in relation to the wine goods.
Penalty: 2 years imprisonment.
Failure to keep a copy of a record in relation to the supply of wine
goods
(2) A person commits an offence if:
(a) the person is a person to whom this Part applies; and
(b) the person is provided with a copy of a record in relation to
wine goods under subsection 39F(4); and
(c) the person does not keep the copy in accordance with that
subsection in relation to the wine goods.
Penalty: 2 years imprisonment.
39L Time for bringing prosecutions
Despite section 15B of the Crimes Act 1914, a prosecution for an
offence under:
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Records relating to label claims Division 2
Section 39M
Wine Australia Corporation Act 1980 75
(a) section 39J may be brought at any time within 7 years after
the requirement to keep the relevant record arose; and
(b) section 39K may be brought at any time within 7 years after
the requirement to provide or keep a copy of the relevant
record arose.
39M Single wines and blends etc.
The prosecution does not have to prove, in relation to wine goods,
that the wine goods are:
(a) a blend; or
(b) grape extract derived from grapes of different vintages,
varieties or prescribed geographical indications;
in order to prove an offence under section 39J if the prosecution
proves that, in either case, the defendant would have committed an
offence against that section.
39ZAA Corporation may require records
(1) The Corporation may give a written notice to a person requiring
the person, within a specified period and in a specified manner, to
do either or both of the following:
(a) if the person‘s name and address appears on a wine label as
the supplier (within the meaning of the Australia New
Zealand Food Standards Code (as defined by the Food
Standards Australia New Zealand Act 1991)) of the wine—
provide specified information in relation to records that this
Division requires to be kept;
(b) if the Corporation has reason to believe that the person holds
or controls a record that this Division requires to be kept—
produce the record to the Corporation.
(2) The period specified in the notice must not be less than 14 days
from the day on which it is served.
(3) The notice must set out the effects of section 39ZAB.
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Section 39ZAB
76 Wine Australia Corporation Act 1980
39ZAB Failure to comply with section 39ZAA notice
(1) A person commits an offence if:
(a) the person is given a notice under section 39ZAA; and
(b) the person refuses or fails to comply with the notice.
Penalty: 2 years imprisonment.
(2) Subsection (1) does not apply if complying with the notice would
tend to incriminate the person.
Note: A defendant bears an evidential burden in relation to the matters in
subsection (2). (See subsection 13.3(3) of the Criminal Code.)
39ZAC Corporation may retain records
If a record is produced to the Corporation under section 39ZAA:
(a) the Corporation may keep it for 60 days, or, if a prosecution
for a label offence of whose commission the record may be
evidence is instituted within that period, until the completion
of the proceedings for the offence and of any appeal from the
decision in relation to the proceedings; and
(b) the Corporation may inspect the record and may make and
retain copies of all or part of it; and
(c) while the Corporation has possession of the record, the
Corporation must:
(i) allow the record to be inspected at any reasonable time
by a person who would be entitled to inspect it if it were
not in the Corporation‘s possession; and
(ii) allow such a person to make a copy of the record.
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Section 39ZA
Wine Australia Corporation Act 1980 77
Division 3—Inspection
39ZA Appointment of inspectors
(1) The principal employee may, on behalf of the Corporation:
(a) appoint an eligible person to be an inspector; or
(b) appoint a class of eligible persons to be inspectors.
(2) The appointment of an inspector ceases if he or she ceases to be an
eligible person.
(3) For the purposes of this section, the following are eligible persons:
(a) employees of the Corporation;
(b) officers and employees of the Commonwealth or of
authorities of the Commonwealth;
(c) officers and employees of a State or internal Territory whom
a Minister of the Crown of the State, or Minister of the
Territory, has agreed may be appointed as inspectors;
(d) officers and employees of a local government body whom
the body has agreed may be appointed as inspectors.
39ZB Identity cards
(1) The principal employee may cause an identity card to be issued to
an inspector.
(2) An identity card must:
(a) contain a recent photograph of the inspector to whom it is
issued; and
(b) be in a form approved by the Corporation.
(3) An inspector whose appointment ceases must, as soon as
practicable, return his or her identity card to the Corporation.
Penalty: 1 penalty unit.
(4) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
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Division 3 Inspection
Section 39ZC
78 Wine Australia Corporation Act 1980
39ZC Monitoring powers of inspectors—exercised with consent
For the purpose of finding out whether label laws are being
complied with, an inspector may, with the consent of, and after
producing the inspector‘s identity card for inspection by, the
occupier of wine premises, enter, and exercise inspection powers
on, the premises.
Note: An inspector may also exercise powers under this section for the
purposes of Parts VIB and VII (see sections 40ZF and 44).
39ZD Monitoring warrants
(1) An inspector may apply to a magistrate for a warrant under this
section in relation to particular wine premises.
Note 1: An inspector may apply for a warrant under this section by telephone
or fax under section 39ZI.
Note 2: An inspector may also apply for a warrant under this section for the
purposes of Parts VIB and VII (see sections 40ZF and 44).
(2) Subject to subsection (3), the magistrate may issue the warrant if
the magistrate is satisfied, by information on oath, that it is
reasonably necessary that the inspector should have access to the
premises for the purpose of finding out whether label laws are
being complied with.
(3) The magistrate must not issue the warrant unless the inspector or
some other person has given to the magistrate, either orally or by
affidavit, such further information (if any) as the magistrate
requires concerning the grounds on which the issue of the warrant
is being sought.
(4) The warrant must:
(a) authorise an inspector (whether or not named in the warrant),
with such assistance and by such force as is necessary and
reasonable:
(i) to enter the premises; and
(ii) to exercise inspection powers on the premises; and
(b) state whether the entry is authorised to be made at any time
of the day or night or during specified hours of the day or
night; and
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Wine Australia Corporation Act 1980 79
(c) specify the day (not more than 6 months after the issue of the
warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
39ZE Offence powers of inspectors—exercised with consent
(1) An inspector may enter wine premises if:
(a) the inspector has reasonable grounds for suspecting that there
is on the premises a particular thing that may afford evidence
of the commission of a label offence; and
(b) the inspector has produced his or her identity card for
inspection by the occupier of the premises; and
(c) the occupier of the premises has consented to the entry.
Note: An inspector may also exercise powers under this section for the
purposes of Parts VIB and VII (see sections 40ZF and 44).
Consent
(2) Before obtaining the consent of the occupier for the purposes of
paragraph (1)(c), an inspector must inform that occupier that he or
she may refuse consent.
(3) A consent has no effect unless the consent is voluntary.
Inspector’s powers while on premises
(4) The inspector may do the following while on the premises:
(a) exercise inspection powers;
(b) secure a thing pending the obtaining of a warrant under
section 39ZF to seize it if the inspector has reasonable
grounds for suspecting that the thing may afford evidence of
the commission of a label offence.
Withdrawal of consent
(5) The inspector may exercise powers under paragraph (4)(b) even if
the occupier‘s consent is withdrawn after being given. Otherwise,
the inspector must leave the premises if the occupier‘s consent is
withdrawn after being given.
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Division 3 Inspection
Section 39ZF
80 Wine Australia Corporation Act 1980
39ZF Offence related warrants
(1) An inspector may apply to a magistrate for a warrant under this
section in relation to particular wine premises.
Note 1: An inspector may apply for a warrant under this section by telephone
or fax under section 39ZI.
Note 2: An inspector may also apply for a warrant under this section for the
purposes of Parts VIB and VII (see sections 40ZF and 44).
(2) Subject to subsection (3), the magistrate may issue the warrant if
the magistrate is satisfied, by information on oath, that there are
reasonable grounds for suspecting that there is, or there may be
within the next 72 hours, on the premises a particular thing that
may afford evidence of the commission of a label offence.
(3) The magistrate must not issue the warrant unless the inspector or
some other person has given to the magistrate, either orally or by
affidavit, such further information (if any) as the magistrate
requires concerning the grounds on which the issue of the warrant
is being sought.
(4) The warrant must:
(a) state the name of the inspector; and
(b) authorise the inspector, with such assistance and by such
force as is necessary and reasonable:
(i) to enter the place; and
(ii) to exercise inspection powers on the premises; and
(iii) to seize the thing that might afford evidence; and
(c) state whether the entry is authorised to be made at any time
of the day or night or during specified hours of the day or
night; and
(d) specify the day (not more than 7 days after the issue of the
warrant) on which the warrant ceases to have effect; and
(e) state the purpose for which the warrant is issued.
39ZG Discovery of evidence
(1) Where an inspector enters wine premises under a warrant under
section 39ZF and finds the thing (in this section called the
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Section 39ZH
Wine Australia Corporation Act 1980 81
evidence) that may afford evidence of the commission of a label
offence and which the inspector entered to find:
(a) the inspector may seize the evidence; and
(b) the inspector may keep the evidence for 60 days, or, if a
prosecution for a label offence in the commission of which
the evidence may have been used or otherwise involved is
instituted within that period, until the completion of the
proceedings for the offence and of any appeal from the
decision in relation to the proceedings; and
(c) if the evidence is a book, record or document—while the
inspector has possession of the evidence, the inspector must:
(i) allow the evidence to be inspected at any reasonable
time by a person who would be entitled to inspect it if it
were not in the inspector‘s possession; and
(ii) allow such a person to make a copy of the evidence.
(2) If, in the course of searching wine premises entered under
section 39ZE or a warrant under section 39ZF, the inspector:
(a) finds a thing that the inspector believes, on reasonable
grounds to be:
(i) a thing (other than the evidence) that will afford
evidence of the commission of the label offence
mentioned in subsection (1); or
(ii) a thing that will afford evidence of the commission of
another label offence; and
(b) the inspector believes, on reasonable grounds, that it is
necessary to seize the thing to prevent its concealment, loss
or destruction;
subsection (1) applies to the thing as if it were the evidence.
39ZH Power to require persons to answer questions and produce
documents
(1) An inspector who is on wine premises that the inspector has
entered under a warrant issued under section 39ZD or 39ZF may
require any person on the premises to:
(a) answer any questions put by the inspector; and
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Section 39ZI
82 Wine Australia Corporation Act 1980
(b) produce any examinable documents requested by the
inspector.
Note: An inspector may also exercise powers under this section for the
purposes of Parts VIB and VII (see sections 40ZF and 44).
(2) A person commits an offence if:
(a) the person is required to answer a question or produce an
examinable document under subsection (1); and
(b) the person refuses or fails to comply with the requirement.
Penalty: 30 penalty units.
(3) Subsection (2) does not apply if the answer to the question, or the
producing of the document, would tend to incriminate the person.
Note: The defendant bears an evidential burden in relation to the matter in
subsection (3). (See subsection 13.3(3) of the Criminal Code.)
39ZI Search warrants by telephone and other electronic means
Application for warrant
(1) If, in an urgent case, an inspector considers it necessary to do so,
the inspector may apply to a magistrate by telephone, fax or other
electronic means for a warrant under section 39ZD or 39ZF in
relation to particular wine premises.
Voice communication
(2) The magistrate may require communication by voice to the extent
that it is practicable in the circumstances.
Information
(3) Before applying for the warrant, the inspector must prepare an
information of the kind mentioned in subsection 39ZD(2) or
39ZF(2) in relation to the wine premises that sets out the grounds
on which the warrant is sought. If it is necessary to do so, the
inspector may apply for the warrant before the information is
sworn or affirmed.
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Section 39ZI
Wine Australia Corporation Act 1980 83
Issue of warrant
(4) If the magistrate is satisfied:
(a) after having considered the terms of the information; and
(b) after having received such further information (if any) as the
magistrate requires concerning the grounds on which the
issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the
magistrate may complete and sign the same form of warrant that
would be issued under section 39ZD or 39ZF (as the case requires).
Notification
(5) If the magistrate completes and signs the warrant, the magistrate
must inform the applicant, by telephone, fax or other electronic
means, of:
(a) the terms of the warrant; and
(b) the day on which and the time at which the warrant was
signed; and
(c) the day (not more than one week after the magistrate
completes and signs the warrant) on which the warrant ceases
to have effect.
Form of warrant
(6) The applicant must then complete a form of warrant in the same
terms as the warrant completed and signed by the magistrate,
stating on the form the name of the magistrate and the day on
which and the time at which the warrant was signed.
Completed form of warrant to be given to magistrate
(7) The applicant must also, not later than the day after the day the
warrant is executed, or expires (if the warrant has not been
executed first), send to the magistrate:
(a) the form of warrant completed by the applicant; and
(b) the information referred to in subsection (3), which must
have been duly sworn or affirmed.
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Section 39ZIA
84 Wine Australia Corporation Act 1980
Attachment
(8) The magistrate is to attach to the documents provided under
subsection (7) the warrant completed by the magistrate.
Authority of warrant
(9) A form of warrant duly completed under subsection (6) is authority
for the same powers as are authorised by the warrant signed by the
magistrate.
(10) If:
(a) it is material, in any proceedings, for a court to be satisfied
that an exercise of a power was authorised by this section;
and
(b) the warrant signed by the magistrate authorising the exercise
of the power is not produced in evidence;
the court must assume, unless the contrary is proved, that the
exercise of the power was not authorised by such a warrant.
39ZIA Offences relating to warrants by telephone and other
electronic means
Offence for stating incorrect names in warrants by telephone and
other electronic means
(1) A person commits an offence if:
(a) the person states a name of a magistrate in a document; and
(b) the document purports to be a form of warrant under
section 39ZI; and
(c) the name is not the name of the magistrate who issued the
warrant.
Penalty: Imprisonment for 2 years.
Offence for unauthorised form of warrant
(2) A person commits an offence if:
(a) the person states a matter in a form of warrant under
section 39ZI; and
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Section 39ZIA
Wine Australia Corporation Act 1980 85
(b) the matter departs in a material particular from the form
authorised by the magistrate.
Penalty: Imprisonment for 2 years.
Offence for execution etc. of unauthorised form of warrant
(3) A person commits an offence if:
(a) the person executes a document or presents a document to a
person; and
(b) the document purports to be a form of warrant under
section 39ZI; and
(c) the document:
(i) has not been approved by a magistrate under that
section; or
(ii) departs in a material particular from the terms
authorised by the magistrate under that section.
Penalty: Imprisonment for 2 years.
Offence for giving unexecuted form of warrant
(4) A person commits an offence if:
(a) the person gives a magistrate a form of warrant under
section 39ZI; and
(b) the document is not the form of warrant that the person
executed.
Penalty: Imprisonment for 2 years.
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Part VIA Label integrity program
Division 4 Use of records and results of inspection
Section 39ZJ
86 Wine Australia Corporation Act 1980
Division 4—Use of records and results of inspection
39ZJ Corporation to assist enforcement of laws on description of
wine
(1) For the purpose of achieving the object of this Part, the
Corporation may give information obtained under this Part, and
other assistance, to:
(a) the Australian Competition and Consumer Commission; or
(b) a Department of, or an authority or other body established for
a public purpose by, the Commonwealth, a State or a
Territory with responsibilities relating to the labelling,
description or quality of wine; or
(c) a person who is prosecuting (or proposing to prosecute), or
taking (or proposing to take) other proceedings against, a
person under section 39J or 39K.
(2) This section does not limit any powers and duties of the
Corporation.
39ZK Proceedings not to lie against Corporation etc.
No proceedings lie against:
(a) the Corporation; or
(b) a member of the Corporation; or
(c) an employee of the Corporation; or
(d) an inspector;
in relation to any loss incurred or damage suffered because of
information or assistance given under section 39ZJ.
39ZL Corporation may assist in relation to levy
(1) The purpose of this section is to:
(a) assist; and
(b) achieve administrative savings in connection with;
the calculation and collection of:
(ba) wine grapes levy; or
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Section 39ZL
Wine Australia Corporation Act 1980 87
(bb) wine export charge; or
(c) levy imposed by the repealed Wine Grapes Levy Act 1979; or
(d) levy imposed by the repealed Grape Research Levy Act
1986; or
(e) charge imposed by the repealed Wine Export Charge Act
1997.
(2) The Corporation may, with a person‘s consent, give to a relevant
agency information that is:
(a) kept by, or held on behalf of, the person; and
(b) obtained by the Corporation under this Part.
(3) A person is taken to have consented to giving information under
subsection (2) if the occupier of the wine premises where the
information is kept or held gave such consent.
(4) In this Act:
relevant agency means an Agency (within the meaning of the
Public Service Act 1999) with responsibilities relating to the levy
or charge.
ComLaw Authoritative Act C2013C00691
Part VIB Protection of geographical indications and other terms
Division 1 Preliminary
Section 40
88 Wine Australia Corporation Act 1980
Part VIB—Protection of geographical indications
and other terms
Division 1—Preliminary
40 Interpretation
In this Part:
Committee means the Geographical Indications Committee.
40A Object of Part
The object of this Part is to regulate the sale, export and import of
wine:
(a) for the purpose of enabling Australia to fulfil its obligations
under prescribed wine-trading agreements and other
international agreements; and
(b) for certain other purposes for which the Parliament has
power to make laws;
and this Part is to be interpreted and administered accordingly.
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 Part.
40B Additional operation of Part
(1) Without prejudice to its effect apart from this subsection, this Part
also has the effect that it would have if any reference to a person
were a reference to a corporation.
(2) Without prejudice to its effect apart from this subsection, this Part
also has the effect that it would have if any reference to trade or
commerce were, by express provision, confined to trade or
commerce:
(a) between Australia and places outside Australia; or
(b) among the States; or
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Preliminary Division 1
Section 40B
Wine Australia Corporation Act 1980 89
(c) within a Territory; or
(d) between a State and a Territory; or
(e) between 2 Territories.
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Part VIB Protection of geographical indications and other terms
Division 2 Provisions relating to sale, export or import of wine
Section 40C
90 Wine Australia Corporation Act 1980
Division 2—Provisions relating to sale, export or import of
wine
Subdivision A—Sale, export or import of wine with a false
description and presentation
40C Offence—sale, export or import of wine with a false description
and presentation
(1) A person commits an offence if:
(a) the person sells, exports or imports wine; and
(b) the wine is sold, exported or imported by the person:
(i) in trade or commerce; and
(ii) with a false description and presentation.
Penalty: Imprisonment for 2 years.
Note: A court may impose a maximum fine of 120 penalty units instead of,
or in addition to, a term of imprisonment. A body corporate that is
convicted of an offence may be fined up to 5 times that maximum
fine. (See subsections 4B(2) and (3) of the Crimes Act 1914.)
(2) The description and presentation may be false even if it indicates
the country, region or locality (as the case may be) in which the
wine originated.
40D False descriptions and presentations
(1) This section has effect for the purposes of section 40C.
(2) Subject to sections 40DA and 40DB, the description and
presentation of wine is false if:
(a) it includes the name of a country, or any other indication that
the wine originated in a particular country, and the wine did
not originate in that country; or
(b) it includes a registered geographical indication, and the wine
did not originate in a country, region or locality in relation to
which the geographical indication is registered; or
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Provisions relating to sale, export or import of wine Division 2
Section 40DA
Wine Australia Corporation Act 1980 91
(c) it includes a registered translation of a registered
geographical indication, and the wine did not originate in a
country, region or locality in relation to which the
geographical indication is registered; or
(d) it includes a registered traditional expression, and:
(i) the wine is not a wine in relation to which the
expression is registered; and
(ii) the wine is in a category of wine in relation to which the
expression is registered; and
(iii) the expression is in a language in relation to which the
expression is registered; or
(e) it is not in accordance with any provisions relating to the
description and presentation of wine as are prescribed for the
purposes of this paragraph.
(3) Subsection (2) does not limit what, apart from that subsection, is a
false description and presentation of wine.
(4) For the purposes of paragraphs (2)(b), (c) and (d):
(a) a registered geographical indication; or
(b) a registered translation of such an indication; or
(c) a registered traditional expression;
is included in the description and presentation of wine even if the
indication, translation or expression is accompanied by an
expression such as ―kind‖, ―type‖, ―style‖, ―imitation‖, ―method‖,
or any similar expression.
40DA Circumstances in which description and presentation is not
false—general
Inclusion of geographical indication, translation or traditional
expression registered for more than one place
(1) If:
(a) the description and presentation of wine includes an
indication or term that is a registered geographical indication,
a registered translation of such an indication, or a registered
traditional expression, in relation to a country, region or
locality; and
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Part VIB Protection of geographical indications and other terms
Division 2 Provisions relating to sale, export or import of wine
Section 40DA
92 Wine Australia Corporation Act 1980
(b) the wine originated in that country, region or locality; and
(c) the description and presentation indicates that the wine
originated in that country, region or locality;
then the description and presentation is not false merely because
the indication or term is also a registered geographical indication, a
registered translation of such an indication, or a registered
traditional expression, in relation to another country, region or
locality.
Inclusion of common English word or term
(2) If:
(a) the description and presentation of wine includes a word or
term that is a registered geographical indication, a registered
translation of such an indication, or a registered traditional
expression, in relation to a country, region or locality; and
(b) the word or term is a common English word or term; and
(c) the word or term is not used in such a way as to indicate that
the wine originated in the country, region or locality in
relation to which the geographical indication, translation or
traditional expression is registered; and
(d) the description and presentation indicates the country, region
or locality in which the wine originated; and
(e) the word or term is used in good faith;
then the description and presentation is not false merely because it
includes the word or term.
Inclusion of name of individual or address of winery
(3) The description and presentation of wine is not false merely
because it includes:
(a) the name of an individual who manufactured, sold, exported
or imported the wine; or
(b) if a person who manufactured, sold, exported or imported the
wine is, apart from this subsection, lawfully permitted to use
the name of an individual who previously manufactured,
sold, exported or imported the wine—the name of that
individual; or
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Provisions relating to sale, export or import of wine Division 2
Section 40DB
Wine Australia Corporation Act 1980 93
(c) the address of the winery at which the wine was
manufactured.
40DB Circumstances in which description and presentation is not
false—inclusion of registered traditional expressions
Inclusion of registered quality wine term
(1) If:
(a) the description and presentation of wine includes a registered
quality wine term; and
(b) the wine originated in Australia; and
(c) the description and presentation indicates that the wine
originated in Australia or in a region or locality in Australia;
and
(d) the registered quality wine term is also a registered
traditional expression; and
(e) the wine is in a category of wine in relation to which the
expression is registered;
then the description and presentation is not false merely because it
includes the registered quality wine term.
Wine originating in non-agreement country
(2) The description and presentation of wine that originates in a
foreign country that is not an agreement country is not false merely
because it includes a term that is a registered traditional expression
if:
(a) the term is not used in such a way as to be likely to mislead
as to the country, region or locality in which the wine
originated; and
(b) the description and presentation indicates the country, region
or locality in which the wine originated; and
(c) the inclusion of the term in the description and presentation
does not constitute unfair competition within the meaning of
Article 10bis of the Paris Convention for the Protection of
Industrial Property of 20 March 1883 as amended.
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Part VIB Protection of geographical indications and other terms
Division 2 Provisions relating to sale, export or import of wine
Section 40DB
94 Wine Australia Corporation Act 1980
Note: The text of the Convention is set out in Australian Treaty Series 1972
No. 12 ([1972] ATS 12). In 2009, the text of a Convention in the
Australian Treaty Series was accessible through the Australian
Treaties Library on the AustLII website (www.austlii.edu.au).
Inclusion of trade mark
(3) If:
(a) the description and presentation of wine includes a trade
mark; and
(b) the trade mark contains or consists of a registered traditional
expression; and
(c) before the protection date for the traditional expression:
(i) the trade mark had been entered in good faith in the
Register of Trade Marks; or
(ii) the owner of the trade mark had acquired rights in the
trade mark through use in good faith;
then the description and presentation is not false merely because it
includes that trade mark.
Inclusion of business name
(4) If:
(a) the description and presentation of wine includes a business
name; and
(b) the business name contains or consists of a registered
traditional expression; and
(c) before the protection date for the traditional expression, the
business name was registered in good faith under the law of a
State or Territory or on the Business Names Register
established and maintained under section 22 of the Business
Names Registration Act 2011;
then the description and presentation is not false merely because it
includes that business name.
(5) Subsection (4) does not limit subsection 40DA(3).
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Provisions relating to sale, export or import of wine Division 2
Section 40E
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Definition of protection date
(6) In this Act, the protection date for a registered traditional
expression is:
(a) if the traditional expression is registered in relation to an
agreement country under paragraph 40ZD(2A)(a):
(i) unless subparagraph (ii) applies—the date on which the
prescribed wine-trading agreement to which that
country is a party was signed; or
(ii) if that agreement is modified after that date to include
the traditional expression and paragraph (b) does not
apply—the date on which the agreement is so modified;
or
(b) if the traditional expression is registered in relation to a
foreign country (whether or not an agreement country) under
paragraph 40ZD(2A)(b)—the date on which the traditional
expression is registered.
Subdivision B—Sale, export or import of wine with a
misleading description and presentation
40E Sale, export or import of wine with a misleading description
and presentation
(1) A person commits an offence if:
(a) the person sells, exports or imports wine; and
(b) the wine is sold, exported or imported by the person:
(i) in trade or commerce; and
(ii) with a misleading description and presentation.
Penalty: Imprisonment for 2 years.
Note: A court may impose a maximum fine of 120 penalty units instead of,
or in addition to, a term of imprisonment. A body corporate that is
convicted of an offence may be fined up to 5 times that maximum
fine. (See subsections 4B(2) and (3) of the Crimes Act 1914.)
(2) The description and presentation may be misleading even if it
indicates the country, region or locality (as the case may be) in
which the wine originated.
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Division 2 Provisions relating to sale, export or import of wine
Section 40F
96 Wine Australia Corporation Act 1980
40F Misleading descriptions and presentations
(1) This section has effect for the purposes of section 40E.
Inclusion of geographical indication, translation or traditional
expression
(2) Subject to sections 40FA and 40FB, the description and
presentation of wine is misleading if:
(a) it includes a registered geographical indication, and the
indication is used in such a way as to be likely to mislead as
to the country, region or locality in which the wine
originated; or
(b) it includes a registered translation of a registered
geographical indication, and the translation is used in such a
way as to be likely to mislead as to the country, region or
locality in which the wine originated; or
(c) it includes a registered traditional expression, and:
(i) the wine is not a wine in relation to which the
expression is registered; and
(ii) the wine is not in a category of wine in relation to which
the expression is registered; and
(iii) the expression is in a language in relation to which the
expression is registered; and
(iv) the expression is used in such a way as to be likely to
mislead that the wine originated in a country, region or
locality in relation to which the expression is registered
or that the wine is in a category of wine in relation to
which the expression is registered.
(3) For the purposes of subsection (2):
(a) a registered geographical indication; or
(b) a registered translation of such an indication; or
(c) a registered traditional expression;
is included in the description and presentation of wine even if the
indication, translation or expression is accompanied by an
expression such as ―kind‖, ―type‖, ―style‖, ―imitation‖, ―method‖,
or any similar expression.
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Provisions relating to sale, export or import of wine Division 2
Section 40F
Wine Australia Corporation Act 1980 97
Inclusion of word resembling geographical indication, translation
or traditional expression
(4) Subject to sections 40FA and 40FB, the description and
presentation of wine is misleading if:
(a) it includes an indication or term that so resembles a
registered geographical indication as to be likely to mislead
that the wine originated in a country, region or locality in
relation to which the indication is registered; or
(b) it includes a term that so resembles a registered translation of
a registered geographical indication as to be likely to mislead
that the wine originated in a country, region or locality in
relation to which the indication is registered; or
(c) both of the following apply:
(i) it includes a term that so resembles a registered
traditional expression as to be likely to mislead that the
wine originated in a country, region or locality in
relation to which the expression is registered or that the
wine is in a category of wine in relation to which the
expression is registered;
(ii) the wine originated in a foreign country that is not an
agreement country.
Inclusion of name of individual or address of winery
(5) The description and presentation of wine is misleading if:
(a) it includes:
(i) the name of an individual who manufactured, sold,
exported or imported the wine; or
(ii) if a person who manufactured, sold, exported or
imported the wine is, apart from this subsection,
lawfully permitted to use the name of an individual who
previously manufactured, sold, exported or imported the
wine—the name of that individual; or
(iii) the name or address of the winery at which the wine
was manufactured; and
(b) the name or address, as the case may be, is used in such a
way in the description and presentation as to be likely to
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Section 40FA
98 Wine Australia Corporation Act 1980
mislead as to the country, region or locality in which the
wine originated.
Not in accordance with prescribed provisions
(6) The description and presentation of wine is misleading if it is not in
accordance with any provisions relating to the description and
presentation of wine as are prescribed for the purposes of this
subsection.
Ordinary meaning of misleading not affected
(7) Subsections (2), (3), (4), (5) and (6) do not limit what, apart from
those subsections, is a misleading description and presentation of
wine.
40FA Circumstances in which description and presentation is not
misleading—general
Inclusion of geographical indication, translation or traditional
expression registered for more than one place
(1) If:
(a) the description and presentation of wine includes an
indication or term that is a registered geographical indication,
a registered translation of such an indication, or a registered
traditional expression, in relation to a country, region or
locality; and
(b) the wine originated in that country, region or locality; and
(c) the description and presentation indicates that the wine
originated in that country, region or locality;
then the description and presentation is not misleading merely
because the indication or term is, or resembles, a registered
geographical indication, a registered translation of such an
indication, or a registered traditional expression, in relation to
another country, region or locality.
Inclusion of common English word or term
(2) If:
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Section 40FB
Wine Australia Corporation Act 1980 99
(a) the description and presentation of wine includes a word or
term that is a registered geographical indication, a registered
translation of such an indication, or a registered traditional
expression, in relation to a country, region or locality; and
(b) the word or term is a common English word or term; and
(c) the word or term is not used in such a way as to indicate that
the wine originated in the country, region or locality in
relation to which the geographical indication, translation or
traditional expression is registered; and
(d) the description and presentation indicates the country, region
or locality in which the wine originated; and
(e) the word or term is used in good faith;
then the description and presentation is not misleading merely
because it includes the word or term.
40FB Circumstances in which description and presentation is not
misleading—inclusion of registered traditional
expressions
Inclusion of registered quality wine term
(1) If:
(a) the description and presentation of wine includes a registered
quality wine term; and
(b) the wine originated in Australia; and
(c) the description and presentation indicates that the wine
originated in Australia or in a region or locality in Australia;
and
(d) the registered quality wine term is also a registered
traditional expression; and
(e) the wine is in a category of wine in relation to which the
expression is registered;
then the description and presentation is not misleading merely
because it includes the registered quality wine term.
Inclusion of trade mark
(2) If:
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Section 40G
100 Wine Australia Corporation Act 1980
(a) the description and presentation of wine includes a trade
mark; and
(b) the trade mark contains or consists of a registered traditional
expression; and
(c) before the protection date for the traditional expression:
(i) the trade mark had been entered in good faith in the
Register of Trade Marks; or
(ii) the owner of the trade mark had acquired rights in the
trade mark through use in good faith;
then the description and presentation is not misleading merely
because it includes that trade mark.
Inclusion of business name
(3) If:
(a) the description and presentation of wine includes a business
name; and
(b) the business name contains or consists of a registered
traditional expression; and
(c) the business name was registered in good faith under the law
of a State or Territory or on the Business Names Register
established and maintained under section 22 of the Business
Names Registration Act 2011 before the protection date for
the traditional expression;
then the description and presentation is not misleading merely
because it includes that business name.
(4) Subsection (3) does not limit subsection 40F(5).
Subdivision C—Other provisions relating to sale, export or
import of wine
40G Sale, export or import of wine in contravention of registered
conditions of use
(1) A person commits an offence if:
(a) the person sells, exports or imports wine; and
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Section 40G
Wine Australia Corporation Act 1980 101
(b) the wine is sold, exported or imported by the person in trade
or commerce with a description and presentation that:
(i) includes an indication or term that is a registered
geographical indication, a registered translation of such
an indication, a registered traditional expression, a
registered quality wine term or a registered additional
term; and
(ii) does not comply with any registered conditions of use
applicable to that geographical indication, translation,
traditional expression, quality wine term or additional
term (as the case may be).
Penalty: Imprisonment for 1 year.
Note: A court may impose a maximum fine of 60 penalty units instead of, or
in addition to, a term of imprisonment. A body corporate that is
convicted of an offence may be fined up to 5 times that maximum
fine. (See subsections 4B(2) and (3) of the Crimes Act 1914.)
Indication or term registered for more than one place
(2) Subsection (1) does not apply if:
(a) the indication or term is registered in one or more Parts of the
Register in relation to one or more countries, regions or
localities; and
(b) the description and presentation complies with the registered
conditions of use applicable to the indication or term as
registered in one of those Parts for one of those countries,
regions or localities; and
(c) the wine originated in that country, region or locality; and
(d) the description and presentation indicates that the wine
originated in that country, region or locality.
Note: The defendant bears an evidential burden in relation to the matters in
this subsection. (See subsection 13.3(3) of the Criminal Code.)
Indication or term is registered additional term for particular wine
(3) Subsection (1) also does not apply if:
(a) the indication or term is a registered additional term for a
particular wine and is also either or both of the following:
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(i) a registered additional term for another particular wine;
(ii) registered in one or more Parts of the Register in
relation to one or more countries, regions or localities;
and
(b) the description and presentation complies with the registered
conditions of use that are applicable to the indication or term
as registered:
(i) for one of those particular wines; or
(ii) in one of those Parts for one of those countries, regions
or localities; and
(c) either:
(i) if subparagraph (b)(i) applies—the wine is the particular
wine; or
(ii) if subparagraph (b)(ii) applies—the wine originated in
that country, region or locality, and the description and
presentation indicates that the wine originated in that
country, region or locality.
Note: The defendant bears an evidential burden in relation to the matters in
this subsection. (See subsection 13.3(3) of the Criminal Code.)
40J Exception for certain wines
(1) In this section:
small quantities, in relation to wines, means quantities declared by
the regulations to be small quantities of wines for the purposes of
this section.
the offence provisions means subsections 40C(1), 40E(1) and
40G(1).
(2) The offence provisions do not apply in relation to wines
manufactured before the commencement of this Part.
(3) The offence provisions do not apply in relation to wines that are in
transit through Australia.
(4) The offence provisions do not apply in relation to wines that:
(a) originate in Australia or an agreement country; and
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Section 40K
Wine Australia Corporation Act 1980 103
(b) are consigned in small quantities between Australia and an
agreement country under the conditions, and in accordance
with the procedures, prescribed by the regulations.
(5) The regulations may exempt wines referred to in the regulations
from the operation of any one or more of the offence provisions,
either generally or for such periods, in such circumstances, and
subject to such conditions, as are set out in the regulations.
40K Prosecution of offences
(1) To avoid doubt, it is declared that any of the following may
institute a proceeding for an offence against section 40C, 40E or
40G:
(a) the Corporation;
(b) a person engaged in the manufacture of wine or the growing
of wine grapes in Australia or in a designated foreign
country;
(c) 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.
(2) This section does not limit the operation of section 13 of the
Crimes Act 1914.
(3) In this Act:
designated foreign country means a foreign country in relation to
which a geographical indication, translation of such an indication,
traditional expression, or additional term is registered.
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Section 40M
104 Wine Australia Corporation Act 1980
40M Application of national food standards to wines imported from
foreign countries
National food standard modified
(1) A national food standard that applies to wine has effect, in relation
to wine that originates in any foreign country, as if any requirement
in the standard to comply with particular oenological practices or
processes, or compositional requirements, in relation to wine were
replaced by a requirement to comply with the replacement
practices, processes or requirements under either subsection (1A)
or (1B).
Practices, processes and requirements set out in wine-trading
agreements
(1A) The replacement practices, processes or requirements under this
subsection are:
(a) subject to paragraph (b), the oenological practices or
processes, or compositional requirements, set out in a
prescribed wine-trading agreement as in force or existing
from time to time; or
(b) if, in accordance with such an agreement, Australia has been
notified of the authorisation of modifications of the
oenological practices or processes, or compositional
requirements, set out in the agreement—the oenological
practices or processes, or compositional requirements, as so
modified.
Practices, processes and requirements prescribed by the
regulations
(1B) The replacement practices, processes or requirements under this
subsection are the oenological practices or processes, or
compositional requirements, prescribed by the regulations in
relation to wine originating in any foreign country.
(1C) Regulations made for the purposes of subsection (1B):
(a) must not prescribe oenological practices or processes, or
compositional requirements, in relation to wine originating in
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Section 40M
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any foreign country unless the oenological practices or
processes, or compositional requirements, apply to wine
under the laws and regulations of a foreign country; and
(b) may prescribe oenological practices or processes, or
compositional requirements, by applying, adopting or
incorporating (with or without modification) a written
instrument or other document:
(i) as in force or existing at a particular time; or
(ii) as in force or existing from time to time.
Minister may suspend operation of section
(2) The Minister may suspend the operation of this section in relation
to wine of a particular kind or description if the Minister is
satisfied that there are reasonable grounds for believing that
continued compliance with an oenological practice or process, or a
compositional requirement, that was used in the manufacture of the
wine would endanger human health.
(3) A suspension under subsection (2):
(a) must be by written notice signed by the Minister and
published in the Gazette; and
(b) takes effect on a day stated in the notice that is not earlier
than the day following the date of publication; and
(c) remains in force, unless sooner revoked, for one year.
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Division 3 Establishment, function and powers of Geographical Indications Committee
Section 40N
106 Wine Australia Corporation Act 1980
Division 3—Establishment, function and powers of
Geographical Indications Committee
40N Establishment of Committee
A committee to be known as the Geographical Indications
Committee is established.
40P Function and powers of Committee
(1) The functions of the Committee are:
(a) to deal with applications for the determination of
geographical indications for wine in relation to regions and
localities in Australia (Australian GIs) in accordance with
this Part; and
(b) to make determinations of Australian GIs in accordance with
this Part (including determining any conditions of use
applicable to such GIs); and
(c) to make determinations for the omission of Australian GIs in
accordance with this Part; and
(d) any other functions conferred on the Committee under this
Part or under the regulations.
(2) The Committee has power to do all things that are necessary or
convenient to be done by, or in connection with, the performance
of its functions.
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Australian geographical indications Division 4
Section 40PA
Wine Australia Corporation Act 1980 107
Division 4—Australian geographical indications
Subdivision A—What this Division is about
40PA What this Division is about
(1) This Division deals with the determining of geographical
indications (GIs) in relation to a region or locality in Australia.
Note: Geographical indications, and translations of such indications, in
relation to wine originating in a foreign country are not determined
under this Division. They are determined by the Committee under
regulations made for the purposes of Division 4B (unless they are in a
prescribed wine-trading agreement).
(2) Subdivisions B and C deal with the powers of the Committee and
applications for the determination of GIs. Subdivision D deals with
objections to the determination of a GI on the basis of pre-existing
trade mark rights. GIs are determined under Subdivision E.
(3) The regulations may modify the operation of this Division to
remove any inconsistency with the operation of regulations made
for the purposes of Division 4B.
Subdivision B—Powers of Committee to determine
geographical indications
40Q Power of Committee to determine geographical indications
(1) The Committee may, either on its own initiative or on an
application made to it in accordance with section 40R, determine a
geographical indication in relation to a region or locality in
Australia.
(2) A determination by the Committee is to be in writing signed by the
Presiding Member of the Committee.
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Section 40QA
108 Wine Australia Corporation Act 1980
40QA Committee must await decisions under Subdivision D
The Committee must not do a thing under Subdivision E in respect
of a proposed GI unless the requirements of Subdivision D have
been complied with.
Subdivision C—Applications for determinations of
geographical indications
40R Applications for determinations
Any of the following may apply in writing to the Committee for
the determination of a geographical indication in relation to a
region or locality in Australia:
(a) a declared winemakers organisation;
(b) a declared wine grape growers organisation;
(c) an organisation representing winemakers in a State or
Territory;
(d) an organisation representing growers of wine grapes in a
State or Territory;
(e) a winemaker;
(f) a grower of wine grapes.
Subdivision D—Objections to determination of geographical
indications based on pre-existing trade mark rights
40RA Notice to be given of proposed geographical indication
(1) The Presiding Member of the Committee must cause a notice under
subsection (2) to be published if:
(a) an application under section 40R has been made for the
determination of a geographical indication (the proposed
GI); or
(b) the Committee is considering determining a geographical
indication (the proposed GI) on its own initiative under
section 40Q; or
(c) after an application under section 40R has been made, the
Committee is considering, under paragraph 40T(3)(b),
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Section 40RB
Wine Australia Corporation Act 1980 109
determining a geographical indication (the proposed GI) that
is different from the GI proposed in the application.
(2) The notice must:
(a) set out the proposed GI; and
(b) invite persons to make written objections to the Registrar of
Trade Marks in relation to the proposed GI on a ground set
out in section 40RB; and
(c) invite those objections to be made within the period of not
less than one month stated in the notice.
40RB Grounds of objection to the determination of a geographical
indication
Registered owner of a registered trade mark
(1) The registered owner of a registered trade mark may object to the
determination of a proposed GI on one of the following grounds:
(a) that the trade mark consists of a word, expression or other
indication that is identical to the proposed GI;
(b) that:
(i) the trade mark consists of a word, expression or other
indication; and
(ii) the proposed GI is likely to cause confusion with that
word, expression or other indication;
(c) that:
(i) the trade mark contains a word, expression or other
indication; and
(ii) the proposed GI is likely to cause confusion with that
word, expression or other indication; and
(iii) the owner has trade mark rights in that word, expression
or other indication.
(2) The owner may object on the ground specified in paragraph (1)(c)
even if there are conditions or limitations entered on the Register
of Trade Marks suggesting that the owner does not have trade mark
rights to that word, expression or other indication.
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Division 4 Australian geographical indications
Section 40RB
110 Wine Australia Corporation Act 1980
Trade mark pending
(3) If a person has an application pending for the registration of a trade
mark under the Trade Marks Act 1995, the person may object to
the determination of a proposed GI on one of the following
grounds:
(a) that:
(i) the application was made in good faith; and
(ii) the trade mark consists of a word, expression or other
indication that is identical to the proposed GI; and
(iii) prima facie, the requirements under the Trade Marks
Act 1995 for accepting an application for registration of
a trade mark would be satisfied in respect of the trade
mark applied for;
(b) that:
(i) the application was made in good faith; and
(ii) the trade mark consists of a word, expression or other
indication; and
(iii) the proposed GI is likely to cause confusion with that
word, expression or other indication; and
(iv) prima facie, the requirements under the Trade Marks
Act 1995 for accepting an application for registration of
a trade mark would be satisfied in respect of the trade
mark applied for;
(c) that:
(i) the application was made in good faith; and
(ii) the trade mark contains a word, expression or other
indication; and
(iii) the proposed GI is likely to cause confusion with that
word, expression or other indication; and
(iv) prima facie, the requirements under the Trade Marks
Act 1995 for accepting an application for registration of
a trade mark would be satisfied in respect of the trade
mark applied for; and
(v) after registration, the applicant would have trade mark
rights in the word, expression or other indication.
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Section 40RC
Wine Australia Corporation Act 1980 111
Trade mark not registered
(4) If a person claims to have trade mark rights in a trade mark that is
not registered, the person may object to the determination of a
proposed GI on one of the following grounds:
(a) that:
(i) the trade mark consists of a word, expression or other
indication that is identical to the proposed GI; and
(ii) the person has trade mark rights in that word, expression
or other indication; and
(iii) the rights were acquired through use in good faith;
(b) that:
(i) the trade mark consists of or contains a word,
expression or other indication; and
(ii) the proposed GI is likely to cause confusion with that
word, expression or other indication; and
(iii) the person has trade mark rights in that word, expression
or other indication; and
(iv) the rights were acquired through use in good faith.
40RC Consideration of objections
Notice of objection to be given to Committee
(1) If:
(a) the Registrar of Trade Marks receives an objection in relation
to the proposed GI on a ground set out in section 40RB; and
(b) the objection is received within the period stated in the notice
under section 40RA;
the Registrar of Trade Marks must in writing notify the Committee
of the receipt and terms of the objection.
Registrar of Trade Marks to make decision on whether ground
made out or not
(2) If an objection is notified to the Committee under subsection (1),
the Registrar of Trade Marks must decide in writing whether the
ground of objection is or is not made out.
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Section 40RD
112 Wine Australia Corporation Act 1980
Registrar may make recommendation to Committee to determine a
GI
(3) If:
(a) the Registrar of Trade Marks decides that the ground of
objection is made out; and
(b) the Registrar of Trade Marks is satisfied that it is reasonable
in the circumstances to recommend to the Committee that the
proposed GI be determined despite the objection having been
made out;
the Registrar of Trade Marks may make the recommendation. The
recommendation must be in writing.
Note 1: For example, it may be reasonable for the Registrar of Trade Marks to
make such a recommendation if the Registrar of Trade Marks is
satisfied that the proposed GI was in use before the trade mark rights
arose.
Note 2: If a recommendation is made under subsection (3), the Committee
may determine the GI (see subsection 40SA(4)).
(4) In determining under paragraph (3)(b) whether it is reasonable in
the circumstances to make the recommendation to the Committee,
the Registrar of Trade Marks must have regard to Australia‘s
international obligations.
Regulations
(5) Regulations may set out the procedure to be followed in making a
decision under subsection (2) or (3). The procedures may include
the charging of fees, the holding of hearings and the taking of
evidence.
40RD Notice to be given of decision
Notice to be given by Registrar of Trade Marks
(1) After the Registrar of Trade Marks has made a decision under
section 40RC in relation to the proposed GI, the Registrar of Trade
Marks must, in writing, inform the following of the outcome of the
decision and of any recommendation that has been made under
subsection 40RC(3):
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Section 40RE
Wine Australia Corporation Act 1980 113
(a) the person who proposed the GI, if there was an application
under section 40R for the GI;
(b) the person who objected to the determination of the proposed
GI;
(c) the Committee.
Notice to be given by Committee
(2) After receiving notice of a decision under subsection (1), the
Presiding Member must cause a notice to be published:
(a) setting out the proposed GI; and
(b) stating that a decision of the Registrar of Trade Marks has
been made in relation to the proposed GI; and
(c) setting out the terms of the decision and any recommendation
made under subsection 40RC(3) in relation to the proposed
GI.
(3) The notice under subsection (2) is to be published in the manner
that the Committee thinks appropriate.
40RE Decision that ground of objection no longer exists
(1) If:
(a) a decision has been made that a ground of objection to a
proposed GI has been made out; and
(b) a person applies in writing to the Registrar of Trade Marks
for a decision that circumstances have changed since that
decision was made such that the ground of objection no
longer exists;
the Registrar of Trade Marks may, in writing, make a decision that
the ground of objection no longer exists.
Note: If the Registrar of Trade Marks makes a decision under this section,
the Committee may determine the GI (see subsection 40SA(5)).
(2) Regulations may set out the procedure to be followed in making a
decision under subsection (1). The procedures may include the
charging of fees, the holding of hearings and the taking of
evidence.
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Division 4 Australian geographical indications
Section 40RF
114 Wine Australia Corporation Act 1980
40RF Appeals
(1) An appeal lies to the Federal Court against a decision of the
Registrar of Trade Marks, made under:
(a) subsection 40RC(2) (a decision that a ground of objection is
or is not made out); and
(b) subsection 40RC(3) (a recommendation that a proposed GI
be determined or a refusal to make such a recommendation);
and
(c) section 40RE (a decision that a ground of objection no longer
exists or a refusal to make such a decision).
(2) The jurisdiction of the Federal Court to hear and determine appeals
against decisions of the Registrar of Trade Marks under this Act is
exclusive of the jurisdiction of any other court except the
jurisdiction of the High Court under section 75 of the Constitution.
(3) On hearing an appeal against a decision of the Registrar of Trade
Marks under this Act, the Federal Court may do any one or more of
the following:
(a) admit further evidence orally, or on affidavit or otherwise;
(b) permit the examination and cross-examination of witnesses,
including witnesses who gave evidence before the Registrar
of Trade Marks;
(c) order an issue of fact to be tried as it directs;
(d) affirm, reverse or vary the Registrar of Trade Marks‘s
decision;
(e) give any judgment, or make any order, that, in all the
circumstances, it thinks fit;
(f) order a party to pay costs to another party.
(4) The Registrar of Trade Marks may appear and be heard at the
hearing of an appeal to the Federal Court against a decision of the
Registrar of Trade Marks.
(5) Except with the leave of the Federal Court, an appeal does not lie
to the Full Court of the Federal Court against a decision of a single
judge of the Federal Court in the exercise of its jurisdiction to hear
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Section 40RG
Wine Australia Corporation Act 1980 115
and determine appeals from decisions of the Registrar of Trade
Marks.
(6) The regulations may make provision about the practice and
procedure of the Federal Court in a proceeding under this section,
including provision:
(a) prescribing the time for starting the action or proceeding or
for doing any other act or thing; or
(b) for an extension of that time.
40RG Decisions made under this Division not to affect rights under
Trade Marks Act
A decision made under this Division does not:
(a) create or affect a right under the Trade Marks Act 1995 or at
common law in respect of a trade mark; or
(b) in any way pre-empt or affect a decision of the Registrar of
Trade Marks under the Trade Marks Act 1995 in respect of a
pending application for the registration of a trade mark.
Subdivision E—Determinations of geographical indications
40SA When may a determination be made under this Subdivision?
(1) If an objection was made to a proposed geographical indication
(GI) under section 40RB, the Committee may only determine the
GI in the circumstances set out in this section.
Grounds of objection not made out
(2) The Committee may determine a GI that was the subject of a
decision under subsection 40RC(2), if:
(a) all appeals against, or reviews of, the decision (if any) in
relation to the GI have been finalised; and
(b) the decision standing after the appeals and reviews have been
finalised is that a ground of objection has not been made out
in relation to the GI.
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Part VIB Protection of geographical indications and other terms
Division 4 Australian geographical indications
Section 40S
116 Wine Australia Corporation Act 1980
If grounds for objection made out and person agrees to
determination of GI
(3) The Committee may determine a GI that is the subject of a decision
that a ground of objection has been made out, if the person who
objected to the determination of the GI has agreed, by notice in
writing given to the Committee, to the determination of the GI.
If grounds for objection made out and a recommendation is made
under subsection 40RC(3)
(4) The Committee may determine a GI that is the subject of a decision
that a ground of objection has been made out, if:
(a) a recommendation has been made to the Committee under
subsection 40RC(3) that the GI should be determined despite
the ground of objection having been made out; and
(b) all appeals against, or reviews of, the decision that the GI
should be determined (if any) have been finalised; and
(c) the decision standing after the appeals and reviews have been
finalised is that the GI should be determined.
If grounds for objection made out and a decision is made under
section 40RE
(5) The Committee may determine a GI that is the subject of a decision
that a ground of objection has been made out, if:
(a) a decision has been made under section 40RE that the ground
of objection no longer exists; and
(b) all appeals against, or reviews of, the decision that the ground
no longer exists (if any) have been finalised; and
(c) the decision standing after the appeals and reviews have been
finalised is that the ground no longer exists.
40S Consultation by the Committee
In determining a geographical indication, the Committee:
(a) must consult any declared winemakers organisation and any
declared wine grape growers organisation; and
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Protection of geographical indications and other terms Part VIB
Australian geographical indications Division 4
Section 40T
Wine Australia Corporation Act 1980 117
(b) may consult any other organisations or persons it thinks
appropriate.
40T Making of determinations
(1) In determining a geographical indication, the Committee must:
(a) identify in the determination the boundaries of the area or
areas in the region or locality to which the determination
relates; and
(b) determine the indication to be used to indicate that area or
those areas; and
(c) determine any conditions of use that are to be applicable to
the geographical indication.
(2) If the regulations prescribe criteria for use by the Committee in
determining a geographical indication, the Committee is to have
regard to those criteria.
(3) When making a determination as a result of an application, the
Committee may do either or both of the following:
(a) determine an area or areas having boundaries different from
those stated in the application;
(b) determine an indication to be used to indicate the area or
areas constituting the geographical indication that is different
from an indication proposed in the application.
(4) In determining a geographical indication, the Committee must not
consider any submission to the extent that the submission asserts a
trade mark right in respect of the proposed geographical indication.
40U Interim determination
(1) A determination by the Committee is to be an interim
determination in the first instance.
(2) An interim determination does not have effect as a determination
of a geographical indication.
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Part VIB Protection of geographical indications and other terms
Division 4 Australian geographical indications
Section 40V
118 Wine Australia Corporation Act 1980
40V Publication of notice of interim determination
(1) The Presiding Member of the Committee must cause a notice
stating that the interim determination has been made and setting
out the terms of the determination to be published in any manner
that the Committee thinks appropriate.
(2) The notice must invite persons to make written submissions to the
Committee in relation to the determination within a period of not
less than one month that is stated in the notice.
40W Final determination
After considering any submissions made to it, the Committee may
make a final determination.
40X Publication of notice of final determination
(1) The Presiding Member must cause a notice stating that a final
determination has been made and setting out the terms of the
determination to be published in any manner that the Committee
thinks appropriate.
(2) The notice must include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975,
application may be made, by or on behalf of any person
whose interests are affected by the determination, to the
Administrative Appeals Tribunal for review of the
determination; and
(b) unless subsection 28(4) of that Act applies, application may
be made in accordance with section 28 of that Act by or on
behalf of that person for a statement in writing setting out the
findings on material questions of fact, referring to the
evidence or other material on which those findings were
based and giving the reasons for the determination; and
(c) if a decision has been made under section 40RC before the
final determination, no application to the Administrative
Appeals Tribunal may be made in respect of that decision
under section 40RC. An appeal lies to the Federal Court
under section 40RF from a decision under section 40RC.
ComLaw Authoritative Act C2013C00691
Protection of geographical indications and other terms Part VIB
Australian geographical indications Division 4
Section 40Y
Wine Australia Corporation Act 1980 119
(3) Any failure to comply with subsection (2) in relation to a
determination does not affect the validity of the determination.
40Y Review of final determination
(1) Application may be made to the Administrative Appeals Tribunal
for review of a final determination.
Note: Under section 40RF, an appeal lies to the Federal Court from a
decision under section 40RC.
(2) Section 29 of the Administrative Appeals Tribunal Act 1975 has
effect in relation to an application for review of a final
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 final determination under
Part VIB of the Wine Australia Corporation Act 1980 must
be made within 28 days after notice of the determination is
published in accordance with section 40X of that Act.
‗(1B) Despite subsection (8), an application under subsection (7) in
respect of a final determination under Part VIB of the Wine
Australia Corporation Act 1980 must be made before the
time fixed by subsection (1A) ends.‘.
40Z Date of effect of final determination
(1) The Presiding Member must give a copy of the final determination
to the Registrar so that particulars of the determination can be
included in the Register:
(a) if an application is 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
section 40X.
(2) When the Presiding Member gives a copy of a final determination
to the Registrar, the Presiding Member must also give a copy to the
Chairperson of the Corporation.
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Part VIB Protection of geographical indications and other terms
Division 4 Australian geographical indications
Section 40Z
120 Wine Australia Corporation Act 1980
(3) A final determination of the Committee takes effect on the day on
which particulars of the determination are included in the Register.
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Protection of geographical indications and other terms Part VIB
Omission of Australian registered geographical indications Division 4A
Section 40ZAA
Wine Australia Corporation Act 1980 121
Division 4A—Omission of Australian registered
geographical indications
Subdivision A—What this Division is about
40ZAA What this Division is about
(1) This Division deals with determining the omission from the
Register of geographical indications (Australian GIs) determined
under Division 4.
Note: Determinations for the omission of geographical indications, and
translations of such indications, in relation to wine originating in a
foreign country are not made under this Division. They are made by
the Committee under regulations made for the purposes of
Division 4B.
(2) The grounds for omission are that an Australian GI is not in use
(see Subdivision B) or is no longer required (see Subdivision C).
Note: Subsection 40ZD(3) also deals with changes to the Register.
(3) The regulations may modify the operation of this Division to
remove any inconsistency with the operation of regulations made
for the purposes of Division 4B.
Subdivision B—Omission of Australian GIs for non-use
40ZAB Power of Committee to determine that an Australian GI
should be omitted from the Register
The Committee may, either on its own initiative or on an
application made in accordance with section 40ZAC, determine
that an Australian GI is to be omitted from the Register on the
ground that the GI is not in use.
40ZAC Application
(1) A person (the applicant) may apply in the prescribed form to the
Committee to omit an Australian GI from the Register on the
ground that the GI is not in use.
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Part VIB Protection of geographical indications and other terms
Division 4A Omission of Australian registered geographical indications
Section 40ZAD
122 Wine Australia Corporation Act 1980
(2) The application must be accompanied by such fee (if any) charged
by the Corporation for the making of such an application.
(3) The Corporation may waive the fee.
(4) If the application is not accompanied by the fee, and the fee is not
waived by the Corporation, the application is treated as having
never been made.
40ZAD Further information concerning an application
(1) For the purposes of determining the application, the Committee
may, by notice in writing, require the applicant to provide such
further information as the Committee directs, within the period
specified in the notice.
(2) If the applicant does not comply with this requirement, the
application is taken to have been withdrawn.
(3) A notice must include a statement about the effect of the above.
40ZAE Notice by Committee
If the Committee:
(a) receives an application under section 40ZAC; or
(b) proposes on its own initiative that an Australian GI should be
omitted from the Register on the ground that the GI is not in
use;
the Presiding Member of the Committee must cause a notice to be
published in the manner that the Committee thinks appropriate:
(c) setting out the Australian GI; and
(d) stating that an application under section 40ZAC has been
made, or that the Committee is proposing to make a
determination to omit the GI on its own initiative; and
(e) inviting persons to make written submissions to the
Committee in relation to the application or proposal within
the period of not less than one month that is stated in the
notice.
ComLaw Authoritative Act C2013C00691
Protection of geographical indications and other terms Part VIB
Omission of Australian registered geographical indications Division 4A
Section 40ZAF
Wine Australia Corporation Act 1980 123
40ZAF Determination by Committee
(1) After considering any submissions made to it in response to a
notice under section 40ZAE, the Committee must determine
whether to omit the Australian GI on the ground that the GI is not
in use.
(2) The Committee may, in writing, make a determination to omit the
GI on that ground if the Committee is satisfied of the following
matters:
(a) that the GI has been registered for a period of more than 5
years before the date of the notice under section 40ZAE;
(b) that the GI has not been used during the period of 3 years
before the date of the notice under section 40ZAE (see
subsection (3));
(c) that no special circumstances exist in relation to the region or
locality indicated by the GI that would preclude the making
of a determination to omit the GI from the Register (see
subsection (4)).
Meaning of GI not been used
(3) For the purposes of paragraph (2)(b), an Australian GI has not been
used if:
(a) there has not been a production of wine for commercial use
originating in the region or locality indicated by the GI; and
(b) wine originating in the region or locality indicated by the GI
has not been described and presented for sale within
Australia, or for export, using that GI.
Meaning of special circumstances
(4) For the purposes of paragraph (2)(c), special circumstances exist if:
(a) the region or locality indicated by the GI has been affected by
fire, drought or some other disaster; and
(b) as a result of being so affected, there has not been a
production of wine for commercial use originating in the
region or locality indicated by the GI during the period of 3
years immediately before the date of the notice under
section 40ZAE.
ComLaw Authoritative Act C2013C00691
Part VIB Protection of geographical indications and other terms
Division 4A Omission of Australian registered geographical indications
Section 40ZAG
124 Wine Australia Corporation Act 1980
40ZAG Notice of determination
The Presiding Member of the Committee must cause:
(a) a notice to be given of the Committee‘s determination to the
applicant (if any); and
(b) if the determination made is to omit the Australian GI from
the Register—a notice setting out the terms of the
determination to be published in the manner that the
Committee thinks appropriate.
40ZAH AAT review of a determination
(1) Application may be made to the Administrative Appeals Tribunal
for review of the determination made under section 40ZAF.
(2) Despite paragraph 29(1)(d) and subsection 29(2) of the
Administrative Appeals Tribunal Act 1975, an application to the
Tribunal for review of a determination under section 40ZAF must
be made within 28 days after notice of the determination is
published in accordance with section 40ZAG.
(3) Despite subsection 29(8) of the Administrative Appeals Tribunal
Act 1975, an application under subsection 29(7) of that Act in
respect of a determination under section 40ZAF must be made
before the time fixed by subsection (2) of this section ends.
40ZAI Date of effect of determination to omit GI
(1) If the determination made by the Committee under section 40ZAF
is a determination to omit the Australian GI from the Register, the
Presiding Member must give a copy of the determination to the
Registrar so that particulars of the determination can be omitted
from the Register:
(a) if an application is made to the Administrative Appeals
Tribunal under section 40ZAH 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
section 40ZAG.
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Protection of geographical indications and other terms Part VIB
Omission of Australian registered geographical indications Division 4A
Section 40ZAJ
Wine Australia Corporation Act 1980 125
(2) When the Presiding Member gives a copy of the determination to
the Registrar, the Presiding Member must also give a copy to the
Chairperson of the Corporation.
(3) The determination of the Committee takes effect on the day on
which particulars of the GI are omitted from the Register.
Subdivision C—Omission of Australian GIs because no longer
required
40ZAJ Application
(1) A person (the applicant) may apply in the prescribed form to the
Committee to omit an Australian GI from the Register on the
ground that the GI is no longer required.
(2) The application must be accompanied by a written statement from
each of the following organisations supporting the application:
(a) a declared winemakers‘ organisation (if any);
(b) a declared wine grape growers‘ organisation (if any);
(c) the organisation or organisations representing winemakers in
a State or Territory wholly or partly covered by the region or
locality in Australia indicated by the GI;
(d) the organisation or organisations representing growers of
wine grapes in a State or Territory wholly or partly covered
by the region or locality in Australia indicated by the GI.
(3) The application must also be accompanied by such fee (if any)
charged by the Corporation for the making of such an application.
(4) The Corporation may waive the fee.
(5) If:
(a) the application is not accompanied by the fee, and the fee is
not waived by the Corporation; or
(b) the application is not accompanied by the statements referred
to in subsection (2);
then the application is taken never to have been made.
ComLaw Authoritative Act C2013C00691
Part VIB Protection of geographical indications and other terms
Division 4A Omission of Australian registered geographical indications
Section 40ZAK
126 Wine Australia Corporation Act 1980
40ZAK Further information concerning an application
(1) For the purposes of determining the application, the Committee
may, by notice in writing, require the applicant to provide such
further information as the Committee directs, within the period
specified in the notice.
(2) If the applicant does not comply with this requirement, the
application is taken to have been withdrawn.
(3) A notice must include a statement about the effect of
subsection (2).
40ZAL Notice by Committee
After receiving an application under section 40ZAJ, the Presiding
Member of the Committee must cause a notice to be published in
the manner that the Committee thinks appropriate:
(a) stating that an application under section 40ZAJ has been
made and setting out the Australian GI; and
(b) inviting:
(i) interested persons in relation to the GI (see
section 40ZAM); and
(ii) members of the organisations referred to in
subsection 40ZAJ(2); and
(iii) the organisations referred to in subsection 40ZAJ(2);
to object to the omission of the GI from the Register by
making written submissions to the Committee within the
period of not less than one month that is stated in the notice.
40ZAM Meaning of interested person
For the purposes of subparagraph 40ZAL(b)(i), an interested
person in relation to an Australian GI is a person who the
Committee is satisfied is:
(a) a winemaker who makes wine for commercial purposes from
grapes grown in the region or locality indicated by the GI; or
(b) a grower of grapes who grows wine grapes in the region or
locality indicated by the GI; or
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Protection of geographical indications and other terms Part VIB
Omission of Australian registered geographical indications Division 4A
Section 40ZAN
Wine Australia Corporation Act 1980 127
(c) a person who owns or leases a tract of land that is:
(i) 5 hectares or more in size and situated in the region or
locality indicated by the GI; and
(ii) capable of being used to grow grapes for commercial
wine production; or
(d) a person who:
(i) has a mortgage, lien or other commercial interest over,
or in relation to, a vineyard or other property used in the
production of wine that is situated in the region or
locality indicated by the GI; and
(ii) has the agreement of the owner of the property to that
person making a submission to the Committee under
section 40ZAL.
40ZAN Determination by Committee
No submission made
(1) If no submissions have been made to the Committee in response to
the notice under section 40ZAL, the Committee must make a
determination in writing to omit the Australian GI from the
Register on the grounds that the GI is no longer required.
Submission made
(2) If a submission has been made to the Committee, the Committee
must make a determination in writing not to omit the GI from the
Register.
40ZAO Notice of determination
The Presiding Member of the Committee must cause:
(a) notice to be given of the Committee‘s determination to the
applicant; and
(b) a notice setting out the terms of the determination to be
published in any manner that the Committee thinks
appropriate.
ComLaw Authoritative Act C2013C00691
Part VIB Protection of geographical indications and other terms
Division 4A Omission of Australian registered geographical indications
Section 40ZAP
128 Wine Australia Corporation Act 1980
40ZAP Date of effect of determination to omit Australian GI
(1) If the determination made by the Committee under section 40ZAN
is a determination to omit the Australian GI from the Register, the
Presiding Member must give a copy of the determination to the
Registrar so that particulars of the determination can be omitted
from the Register as soon as is practicable.
(2) When the Presiding Member gives a copy of the determination to
the Registrar, the Presiding Member must also give a copy to the
Chairperson of the Corporation.
(3) The determination of the Committee takes effect on the day on
which particulars of the GI are omitted from the Register.
ComLaw Authoritative Act C2013C00691
Protection of geographical indications and other terms Part VIB
Foreign geographical indications and translations Division 4B
Section 40ZAQ
Wine Australia Corporation Act 1980 129
Division 4B—Foreign geographical indications and
translations
40ZAQ Determination of foreign geographical indications and
translations
(1) The regulations may make provision for and in relation to the
determination of geographical indications, and translations of
geographical indications, in relation to wine originating in a
foreign country.
Role of Committee
(2) Without limiting subsection (1), the regulations may:
(a) provide for the Committee to deal with applications for the
determination of geographical indications, and translations of
such indications, in relation to wine originating in a foreign
country or a region or locality in a foreign country; and
(b) provide for the Committee to make determinations of such
indications and translations (including determining any
conditions of use applicable to such indications and
translations); and
(c) set out criteria for use by the Committee in making such
determinations; and
(d) provide for review by the Administrative Appeals Tribunal of
such determinations.
Role of Registrar of Trade Marks
(3) Without limiting subsection (1), the regulations may also:
(a) provide for objections to be made to the Registrar of Trade
Marks in relation to the determination of proposed
geographical indications, and translations of such indications,
in relation to wine originating in a foreign country or a region
or locality in a foreign country; and
(b) set out the grounds on which such objections may be made;
and
ComLaw Authoritative Act C2013C00691
Part VIB Protection of geographical indications and other terms
Division 4B Foreign geographical indications and translations
Section 40ZAR
130 Wine Australia Corporation Act 1980
(c) set out the procedure to be followed in dealing with such
objections (including the charging of fees, the holding of
hearings and the taking of evidence); and
(d) provide for the Registrar of Trade Marks to make
recommendations to the Committee in relation to the
determination of the proposed indications and translations.
40ZAR Appeals against decisions of Registrar of Trade Marks
(1) An appeal lies to the Federal Court against such decisions of the
Registrar of Trade Marks as are prescribed by the regulations
(being decisions under regulations made for the purposes of
subsection 40ZAQ(3)).
(2) The jurisdiction of the Federal Court to hear and determine appeals
against prescribed decisions is exclusive of the jurisdiction of any
other court except the jurisdiction of the High Court under
section 75 of the Constitution.
(3) On hearing an appeal against a prescribed decision, the Federal
Court may do any one or more of the following:
(a) admit further evidence orally, or on affidavit or otherwise;
(b) permit the examination and cross-examination of witnesses,
including witnesses who gave evidence before the Registrar
of Trade Marks;
(c) order an issue of fact to be tried as it directs;
(d) affirm, reverse or vary the prescribed decision;
(e) give any judgment, or make any order, that, in all the
circumstances, it thinks fit;
(f) order a party to pay costs to another party.
(4) The Registrar of Trade Marks may appear and be heard at the
hearing of an appeal to the Federal Court against a prescribed
decision.
(5) Except with the leave of the Federal Court, an appeal does not lie
to the Full Court of the Federal Court against a decision of a single
judge of the Federal Court in the exercise of its jurisdiction to hear
and determine appeals against prescribed decisions.
ComLaw Authoritative Act C2013C00691
Protection of geographical indications and other terms Part VIB
Foreign geographical indications and translations Division 4B
Section 40ZAS
Wine Australia Corporation Act 1980 131
(6) The regulations may make provision about the practice and
procedure of the Federal Court in a proceeding under this section,
including provision:
(a) prescribing the time for starting the action or proceeding or
for doing any other act or thing; or
(b) for an extension of that time.
40ZAS Decisions not to affect rights under Trade Marks Act
A decision made under section 40ZAR, or under regulations made
for the purposes of section 40ZAQ, does not:
(a) create or affect a right under the Trade Marks Act 1995 or at
common law in respect of a trade mark; or
(b) in any way pre-empt or affect a decision of the Registrar of
Trade Marks under the Trade Marks Act 1995 in respect of a
pending application for the registration of a trade mark.
40ZAT Determinations for the omission from the Register of foreign
geographical indications and translations
(1) The regulations may make provision for and in relation to the
omission from the Register of registered geographical indications,
and registered translations of such indications, in relation to a
foreign country or a region or locality in a foreign country.
(2) Without limiting subsection (1), the regulations may:
(a) provide for the Committee to deal with applications for the
omission from the Register of registered geographical
indications, and registered translations of such indications, in
relation to a foreign country or a region or locality in a
foreign country; and
(b) provide for the Committee to make determinations for the
omission from the Register of such indications and
translations; and
(c) set out the grounds on which such determinations may be
made; and
(d) provide for review by the Administrative Appeals Tribunal of
such determinations.
ComLaw Authoritative Act C2013C00691
Part VIB Protection of geographical indications and other terms
Division 5 Register of Protected Geographical Indications and Other Terms
Section 40ZA
132 Wine Australia Corporation Act 1980
Division 5—Register of Protected Geographical Indications
and Other Terms
40ZA Registrar
(1) There is to be a Registrar of Protected Geographical Indications
and Other Terms.
(2) The Registrar is to be an employee of the Corporation.
(3) The Corporation must ensure that, at all times when the person
appointed as Registrar is absent from duty or from Australia or is,
for any other reason, unable to perform the duties of the Registrar,
another employee is appointed to act as Registrar.
40ZB Functions of Registrar
The Registrar has the following functions:
(a) to keep the Register of Protected Geographical Indications
and Other Terms;
(b) to include particulars in the Register in accordance with
section 40ZD;
(c) to provide administrative assistance to the Committee;
(d) in accordance with the directions of the Committee, to
prepare and cause to be published maps or other documents
showing the boundaries of regions and localities in relation to
which geographical indications have been determined by the
Committee;
(e) in accordance with the directions of the Corporation or the
Committee, to notify authorities and organisations in foreign
countries of the geographical indications, translations of such
indications, traditional expressions and additional terms
included in the Register.
ComLaw Authoritative Act C2013C00691
Protection of geographical indications and other terms Part VIB
Register of Protected Geographical Indications and Other Terms Division 5
Section 40ZC
Wine Australia Corporation Act 1980 133
40ZC Register of Protected Geographical Indications and Other
Terms
(1) The Registrar is to keep a register to be known as the Register of
Protected Geographical Indications and Other Terms.
(2) The Register may be kept wholly or partly by means of a
computer.
40ZD Contents of Register
Parts of the Register
(1) The Register is to be divided into 4 parts as follows:
(a) Part 1 is to include:
(i) geographical indications in relation to wines originating
in Australia, and any conditions of use applicable to
those indications; and
(ii) geographical indications in relation to wines originating
in a foreign country, any translations of those
indications, and any conditions of use applicable to
those indications or translations;
(b) Part 2 is to include traditional expressions in relation to wines
originating in a foreign country, and any conditions of use
applicable to those expressions;
(c) Part 3 is to include quality wine terms in relation to wines
originating in Australia, and any conditions of use applicable
to those terms;
(d) Part 4 is to include other terms (not being geographical
indications, translations of geographical indications,
traditional expressions, or terms referred to in paragraph (c)),
in relation to wines, and any conditions of use applicable to
those terms.
Particulars that must be included in Part 1 of the Register
(2) The Registrar must include in Part 1 of the Register (geographical
indications), in accordance with the directions of the Corporation,
the following particulars:
ComLaw Authoritative Act C2013C00691
Part VIB Protection of geographical indications and other terms
Division 5 Register of Protected Geographical Indications and Other Terms
Section 40ZD
134 Wine Australia Corporation Act 1980
(a) in relation to Australia:
(i) Australia; and
(ii) the name of each State and internal Territory; and
(iii) any geographical indication determined by the
Committee under Division 4 to be a geographical
indication in relation to wines originating in Australia;
and
(iv) any region or locality in relation to which such a
geographical indication is determined; and
(v) any conditions of use applicable to such a geographical
indication;
(b) in relation to an agreement country:
(i) each geographical indication that, under a prescribed
wine-trading agreement to which that country is a party,
is a geographical indication in relation to wines
originating in that country; and
(ii) any translation, recognised by that wine-trading
agreement, of each such geographical indication; and
(iii) any region or locality in relation to which each such
geographical indication is to be registered; and
(iv) any conditions of use applicable to a geographical
indication referred to in subparagraph (i) or a translation
referred to in subparagraph (ii);
(c) in relation to a foreign country (whether or not an agreement
country):
(i) any geographical indication determined by the
Committee, under regulations made for the purposes of
Division 4B, to be a geographical indication in relation
to wines originating in that country; and
(ii) any translation determined by the Committee, under
regulations made for the purposes of Division 4B, to be
a translation of such a geographical indication; and
(iii) any region or locality in relation to which each such
geographical indication is determined; and
(iv) any conditions of use applicable to a geographical
indication referred to in subparagraph (i) or a translation
referred to in subparagraph (ii).
ComLaw Authoritative Act C2013C00691
Protection of geographical indications and other terms Part VIB
Register of Protected Geographical Indications and Other Terms Division 5
Section 40ZD
Wine Australia Corporation Act 1980 135
Particulars that must be included in Part 2 of the Register
(2A) The Registrar must include in Part 2 of the Register (traditional
expressions), in accordance with the directions of the Corporation,
the following particulars:
(a) in relation to an agreement country:
(i) each traditional expression that is listed in relation to
wines originating in that country in a prescribed
wine-trading agreement to which that country is a party;
and
(ii) each wine originating in that country that is listed in that
wine-trading agreement in relation to each such
traditional expression; and
(iii) each category of wine that is listed in that wine-trading
agreement in relation to each such traditional
expression; and
(iv) each language that is listed in that wine-trading
agreement in relation to each such traditional
expression; and
(v) any conditions of use applicable to each such traditional
expression;
(b) in relation to a foreign country (whether or not an agreement
country):
(i) each traditional expression that is listed in the laws and
regulations of that country for the purpose of the
description and presentation of wines originating in that
country, and that is determined by the Corporation; and
(ii) each wine originating in that country that is listed in
those laws and regulations in relation to such a
traditional expression; and
(iii) each category of wine that is listed in those laws and
regulations in relation to such a traditional expression;
and
(iv) each language that is listed in those laws and regulations
in relation to such a traditional expression; and
(v) any conditions of use applicable to each such traditional
expression.
ComLaw Authoritative Act C2013C00691
Part VIB Protection of geographical indications and other terms
Division 5 Register of Protected Geographical Indications and Other Terms
Section 40ZD
136 Wine Australia Corporation Act 1980
Particulars that must be included in Part 3 of the Register
(2B) The Registrar must include in Part 3 of the Register (quality wine
terms), in accordance with the directions of the Corporation, the
following particulars:
(a) each term (a quality wine term) that, under a prescribed
wine-trading agreement to which Australia is a party, is a
quality wine term in relation to wines originating in
Australia;
(b) any region or locality in relation to which each such term is
to be registered;
(c) any conditions of use applicable to each such term.
Particulars that must be included in Part 4 of the Register
(2C) The Registrar must include in Part 4 of the Register (additional
terms), in accordance with the directions of the Corporation, the
following particulars:
(a) in relation to Australia:
(i) each term (other than a geographical indication or a
quality wine term) that, under a prescribed wine-trading
agreement to which Australia is a party, is required to
be protected for the purpose of the description and
presentation of wine originating in Australia; and
(ii) any other term that the Corporation has determined is
required to be protected for the purpose of the
description and presentation of wine originating in
Australia; and
(iii) any region or locality in relation to which a term
referred to in subparagraph (i) or (ii) is to be registered;
and
(iv) any conditions of use applicable to a term referred to in
subparagraph (i) or (ii);
(b) in relation to an agreement country:
(i) each term (other than a geographical indication, a
translation of a geographical indication, or a traditional
expression) that, under a prescribed wine-trading
agreement to which that country is a party, is required to
ComLaw Authoritative Act C2013C00691
Protection of geographical indications and other terms Part VIB
Register of Protected Geographical Indications and Other Terms Division 5
Section 40ZD
Wine Australia Corporation Act 1980 137
be protected for the purpose of the description and
presentation of wine originating in that country; and
(ii) any region or locality in relation to which each such
term is to be registered; and
(iii) any conditions of use applicable to each such term;
(c) in relation to a foreign country (whether or not an agreement
country):
(i) each term (other than a geographical indication, a
translation of a geographical indication, or a traditional
expression) that is recognised in the laws and
regulations of that country for the purpose of the
description and presentation of wine originating in that
country, and that is determined by the Corporation; and
(ii) any region or locality in relation to which each such
term is to be registered; and
(iii) any conditions of use applicable to each such term;
(d) any other term (not being a geographical indication, a
translation of a geographical indication, a traditional
expression or a quality wine term) that the Corporation has
determined is required to be protected in relation to particular
wines, and any conditions of use applicable to those terms.
(3) If:
(a) it appears to the Corporation that:
(i) an entry in the Register is not, or has ceased to be,
necessary; or
(ii) an entry in the Register is included in the wrong part of
the Register;
and the inclusion of the entry in the Register, or in that part
of the Register, did not result from a determination made by
the Committee under Division 4 or under regulations made
for the purposes of Division 4B; or
(b) it appears to the Corporation that an entry should not have
been included in the Register, or an entry in the Register is
incorrect, because of a clerical or similar error;
the Corporation may direct the Registrar to omit the entry from the
Register, to omit the entry from that part of the Register and insert
it in the correct part, or to correct the entry, as the case requires.
ComLaw Authoritative Act C2013C00691
Part VIB Protection of geographical indications and other terms
Division 5 Register of Protected Geographical Indications and Other Terms
Section 40ZE
138 Wine Australia Corporation Act 1980
(4) In subsection (3):
entry includes a part of an entry.
(5) The Registrar must comply with a direction given under
subsection (3).
40ZE Inspection of Register
(1) The Registrar must ensure that the Register is available for
inspection at the office of the Registrar by any person during
ordinary hours of business of that office.
(2) To the extent that the Register is kept by use of a computer,
subsection (1) is complied with by giving members of the public
access to a computer terminal that they can use to inspect the
particulars constituting the Register, either on a screen or in the
form of a computer print-out.
(3) The Registrar may supply a copy of the Register or part of the
Register to a person on payment of the prescribed fee.
ComLaw Authoritative Act C2013C00691
Protection of geographical indications and other terms Part VIB
Inspection Division 6
Section 40ZF
Wine Australia Corporation Act 1980 139
Division 6—Inspection
40ZF Inspection powers
The provisions of Part VIA relating to inspections, including
Division 4 of that Part, apply in relation to this Part in the same
way as they apply in relation to Part VIA.
ComLaw Authoritative Act C2013C00691
Part VII Miscellaneous
Section 41A
140 Wine Australia Corporation Act 1980
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:
ComLaw Authoritative Act C2013C00691
Miscellaneous Part VII
Section 43
Wine Australia Corporation Act 1980 141
(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.
ComLaw Authoritative Act C2013C00691
Part VII Miscellaneous
Section 44
142 Wine Australia Corporation Act 1980
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.
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Miscellaneous Part VII
Section 44AB
Wine Australia Corporation Act 1980 143
(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.
ComLaw Authoritative Act C2013C00691
Part VII Miscellaneous
Section 44A
144 Wine Australia Corporation Act 1980
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.
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Miscellaneous Part VII
Section 45
Wine Australia Corporation Act 1980 145
(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
ComLaw Authoritative Act C2013C00691
Part VII Miscellaneous
Section 46
146 Wine Australia Corporation Act 1980
(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
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Miscellaneous Part VII
Section 46
Wine Australia Corporation Act 1980 147
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.
ComLaw Authoritative Act C2013C00691
Part VIII Repeal of certain Acts and consequent transitional provisions
Section 47
148 Wine Australia Corporation Act 1980
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.
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Repeal of certain Acts and consequent transitional provisions Part VIII
Section 50
Wine Australia Corporation Act 1980 149
50 Instrument etc. not liable to stamp duty etc.
An instrument or document that the Secretary of 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
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Part VIII Repeal of certain Acts and consequent transitional provisions
Section 55
150 Wine Australia Corporation Act 1980
(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.
ComLaw Authoritative Act C2013C00691
Administrative provisions relating to the Geographical Indications Committee
Schedule
Clause 1
Wine Australia Corporation Act 1980 151
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.
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Schedule Administrative provisions relating to the Geographical Indications
Committee
Clause 3
152 Wine Australia Corporation Act 1980
(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.
3 Acting Presiding Member
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.
Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
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.
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Administrative provisions relating to the Geographical Indications Committee
Schedule
Clause 5
Wine Australia Corporation Act 1980 153
(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.
5 Term of office
A member holds office for the period specified in the instrument of
appointment. The period must not exceed 3 years.
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
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.
ComLaw Authoritative Act C2013C00691
Schedule Administrative provisions relating to the Geographical Indications
Committee
Clause 8
154 Wine Australia Corporation Act 1980
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
solely because the member is a winemaker or grower of wine
grapes, as the case may be.
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Administrative provisions relating to the Geographical Indications Committee
Schedule
Clause 10
Wine Australia Corporation Act 1980 155
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
greater than 2) prescribed by the regulations for the purposes
of this paragraph; and
ComLaw Authoritative Act C2013C00691
Schedule Administrative provisions relating to the Geographical Indications
Committee
Clause 11
156 Wine Australia Corporation Act 1980
(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.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 1—About the endnotes
Wine Australia Corporation Act 1980 157
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions.
The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word ―none‖ will
appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in
the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended the compiled law. The information includes commencement
information for amending laws and details of application, saving or transitional
provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision level. It also includes information about any provisions that have
expired or otherwise ceased to have effect in accordance with a provision of the
compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in endnote 5.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 1—About the endnotes
158 Wine Australia Corporation Act 1980
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the
modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment
cannot be incorporated into the text of the compilation. Any misdescribed
amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader
of the compilation.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 2—Abbreviation key
Wine Australia Corporation Act 1980 159
Endnote 2—Abbreviation key
ad = added or inserted pres = present
am = amended prev = previous
c = clause(s) (prev) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expired or ceased to have effect rep = repealed
hdg = heading(s) rs = repealed and substituted
LI = Legislative Instrument s = section(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
mod = modified/modification Sdiv = Subdivision(s)
No = Number(s) SLI = Select Legislative Instrument
o = order(s) SR = Statutory Rules
Ord = Ordinance Sub-Ch = Sub-Chapter(s)
orig = original SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 3—Legislation history
160 Wine Australia Corporation Act 1980
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
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
Remainder: 1 July 1986
ss. 29 and 30
Primary Industries
(Recovery of Levy
Collection Expenses)
Act 1988
51, 1988 15 June
1988
s. 3: Royal Assent (d) —
Australian Wine and
Brandy Corporation
Amendment Act 1989
144, 1989 23 Nov
1989
1 Jan 1990 ss. 6 and 10
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 3—Legislation history
Wine Australia Corporation Act 1980 161
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Primary Industries
Levies and Charges
Collection
(Consequential
Provisions) Act 1991
26, 1991 1 Mar 1991 1 July 1991 (see s. 2) —
Australian Wine and
Brandy Corporation
Amendment Act 1992
137, 1992 11 Nov
1992
s. 4: 9 Dec 1992
Remainder: Royal
Assent
—
Australian Wine and
Brandy Corporation
Amendment Act 1993
93, 1993 16 Dec
1993
16 Dec 1993 s. 15(2)
Primary Industries and
Energy Legislation
Amendment Act (No. 2)
1994
129, 1994 21 Oct
1994
s. 3: 1 Dec 1994 (e) —
Competition Policy
Reform Act 1995
88, 1995 20 July
1995
s. 77: 6 Nov 1995 (see
Gazette 1995, No. S423)
(f)
—
Statute Law Revision
Act 1996
43, 1996 25 Oct
1996
Schedule 2 (item 19): (g)
Schedule 4 (items 1, 48,
49): Royal Assent (g)
—
Wine Export Charge
(Consequential
Amendments) Act 1997
86, 1997 27 June
1997
27 June 1997 (see s. 2) —
Audit (Transitional and
Miscellaneous)
Amendment Act 1997
152, 1997 24 Oct
1997
Schedule 2 (items 554–
567): 1 Jan 1998 (see
Gazette 1997, No.
GN49) (h)
—
Primary Industries and
Energy Legislation
Amendment Act (No. 1)
1998
102, 1998 30 July
1998
30 July 1998 —
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 3—Legislation history
162 Wine Australia Corporation Act 1980
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Primary Industries
Levies and Charges
(Consequential
Amendments) Act 1999
32, 1999 14 May
1999
Schedule 5 (Part 1):
1 July 1999 (i)
Schedule 5 (Parts 2, 3): 1
Jan 2000 (i)
Sch. 5 (Part 3)
Public Employment
(Consequential and
Transitional)
Amendment Act 1999
146, 1999 11 Nov
1999
Schedule 1 (item 277): 5
Dec 1999 (see Gazette
1999, No. S584) (j)
—
as amended by
Agriculture, Fisheries
and Forestry
Legislation
Amendment Act
(No. 1) 2000
121, 2000 5 Oct 2000 Schedule 2 (item 8): 11
Nov 1999 (ja)
—
Corporate Law
Economic Reform
Program Act 1999
156, 1999 24 Nov
1999
Schedule 10 (items 63,
64): 13 Mar 2000 (see
Gazette 2000, No. S114)
(k)
—
Agriculture, Fisheries
and Forestry Legislation
Amendment Act (No. 2)
1999
170, 1999 10 Dec
1999
Schedule 7: Royal
Assent (l)
Sch. 7 (item 16)
Agriculture, Fisheries
and Forestry Legislation
Amendment Act (No. 1)
2000
121, 2000 5 Oct 2000 Schedule 2 (item 8): 11
Nov 1999
Remainder: 5 Dec 2000
(see Gazette 2000, No.
S612)
—
Agriculture, Fisheries
and Forestry Legislation
Amendment
(Application of Criminal
Code) Act 2001
115, 2001 18 Sept
2001
16 Oct 2001 s. 4
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 3—Legislation history
Wine Australia Corporation Act 1980 163
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Abolition of Compulsory
Age Retirement
(Statutory Officeholders)
Act 2001
159, 2001 1 Oct 2001 29 Oct 2001 Sch. 1 (item 97)
Agriculture, Fisheries
and Forestry Legislation
Amendment Act (No. 1)
2003
38, 2003 2 May 2003 Schedule 1: 3 May 2003 —
US Free Trade
Agreement
Implementation Act
2004
120, 2004 16 Aug
2004
Schedule 3: 1 Jan 2005 Sch. 3 (item 16)
Australian Wine and
Brandy Corporation
Amendment Act (No. 1)
2007
92, 2007 22 June
2007
22 June 2007 Sch. 1 (item 8)
Statute Law Revision
Act 2008
73, 2008 3 July 2008 Schedule 4 (items 87,
88): 4 July 2008
—
Statute Stocktake
(Regulatory and Other
Laws) Act 2009
111, 2009 16 Nov
2009
Schedule 1 (item 1): 17
Nov 2009
—
Australian Wine and
Brandy Corporation
Amendment Act 2010
98, 2010 6 July 2010 Schedule 1 (items 1–69,
77–80) and Schedule 2:
1 Sept 2010 (see
F2010L02117)
Schedule 3 (items 1–17,
19–21): 3 Aug 2010
Schedule 3 (item 18): 1
Sept 2010
Sch. 1 (items 77–
80), Sch. 2
(items 36, 37) and
Sch. 3 (items 19–
21)
Financial Framework
Legislation Amendment
Act 2010
148, 2010 17 Dec
2010
Schedule 4 (items 1–11):
18 Dec 2010
—
Statute Law Revision
Act 2011
5, 2011 22 Mar
2011
Schedule 7 (item 148):
19 Apr 2011
—
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 3—Legislation history
164 Wine Australia Corporation Act 1980
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Acts Interpretation
Amendment Act 2011
46, 2011 27 June
2011
Schedule 2 (items 1191–
1198) and Schedule 3
(items 10, 11): 27 Dec
2011
Sch. 3 (items 10,
11)
Financial Framework
Legislation Amendment
Act (No. 1) 2011
89, 2011 4 Aug 2011 Schedule 8: 5 Aug 2011 Sch. 8 (item 3)
Business Names
Registration
(Transitional and
Consequential
Provisions) Act 2011
127, 2011 3 Nov 2011 Schedule 2 (item 26): 20
Apr 2012 (see s. 2(1))
—
Agriculture, Fisheries
and Forestry Legislation
Amendment Act (No. 1)
2013
17, 2013 27 March
2013
Schedules 1 and 2:
28 Mar 2013
Sch. 1 (item 6)
Grape and Wine
Legislation Amendment
(Australian Grape and
Wine Authority) Act
2013
136, 2013 13 Dec
2013
Sch 1 (items 1–13):
14 Dec 2013
Sch 1 (items 16–185):
[see Endnote 5]
—
Rural Research and
Development Legislation
Amendment Act 2013
146, 2013 13 Dec
2013
Sch 11 (items 1–12): (m)
Sch 11 (items 13–21):
[see Endnote 5]
—
(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:
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 3—Legislation history
Wine Australia Corporation Act 1980 165
(7) The amendment of the Australian Wine and Brandy Corporation Act
1980 made by this Act shall come into operation on 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 1, 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) only of the Audit (Transitional and Miscellaneous)
Amendment Act 1997, subsection 2(2) of which provides as follows:
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 3—Legislation history
166 Wine Australia Corporation Act 1980
(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, subsections 2(1) and (2)(d) 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.
(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.
(m) Subsection 2(1) (item 7) of the Rural Research and Development Legislation
Amendment Act 2013 provides as follows:
(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.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 3—Legislation history
Wine Australia Corporation Act 1980 167
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
7. Schedule 11,
Part 1
The later of:
(a) the start of the day on which this Act receives the Royal Assent; and
(b) immediately after the commencement of Part 1 of Schedule 1 to the Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013.
However, the provision(s) do not commence at all
if the event mentioned in paragraph (b) does not
occur.
14 December 2013
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
168 Wine Australia Corporation Act 1980
Endnote 4—Amendment history
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; No 17 and 136,
2013
Note to s. 4.....................................ad. No. 152, 1997
s. 4A ..............................................ad. No. 93, 1993
s. 4B...............................................ad. No. 115, 2001
s. 5 .................................................rep. No. 60, 1986
s. 5A ..............................................ad. No. 60, 1986
am No 146, 2013
s. 5B...............................................ad. No. 93, 1993
am No 146, 2013
s 5BA.............................................ad No 136, 2013
am No 146, 2013
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
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
Wine Australia Corporation Act 1980 169
Provision affected How affected
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
Note to s. 12(1) .............................ad. No. 152, 1997
s. 13 ...............................................rs. No. 60, 1986
am. No. 92, 2007; No 136, 2013
s. 14 ...............................................am. Nos. 72 and 165, 1984
rs. No. 60, 1986
am. No. 159, 2001; No. 92, 2007
s. 15 ...............................................rs. No. 60, 1986
am. No. 93, 1993; No. 92, 2007; No 136, 2013
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
Pt IV
Pt VI ..............................................rep No 60, 1986
ad No 136, 2013
ss. 23–27........................................rep. No. 60, 1986
Div 1
s 27A .............................................ad No 136, 2013
am No 146, 2013
Div 2
s 27B..............................................ad No 136, 2013
s 27C..............................................ad No 136, 2013
am No 146, 2013
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
170 Wine Australia Corporation Act 1980
Provision affected How affected
s 27D .............................................ad No 136, 2013
s 27E..............................................ad No 136, 2013
s 27F ..............................................ad No 136, 2013
s 27G .............................................ad No 136, 2013
am No 146, 2013
s 27H .............................................ad No 136, 2013
am No 146, 2013
Div 3
s 27J...............................................ad No 136, 2013
am No 146, 2013
s 27K .............................................ad No 136, 2013
s 27L..............................................ad No 136, 2013
s 27M.............................................ad No 136, 2013
Div 4
s 27N .............................................ad No 136, 2013
s 27P ..............................................ad No 136, 2013
s 27Q .............................................ad No 136, 2013
s 27R..............................................ad No 136, 2013
s 27S ..............................................ad No 136, 2013
s 27T..............................................ad No 136, 2013
s 27U .............................................ad No 136, 2013
s 27V .............................................ad No 136, 2013
Div 5
s 27W.............................................ad No 136, 2013
s 27X .............................................ad No 136, 2013
s 27Y .............................................ad No 136, 2013
s 27Z..............................................ad No 136, 2013
s 27ZA ...........................................ad No 136, 2013
s 27ZB ...........................................ad No 136, 2013
Div 6
s 27ZC ...........................................ad No 136, 2013
S 27ZD ..........................................ad No 136, 2013
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
Wine Australia Corporation Act 1980 171
Provision affected How affected
s 27ZE ...........................................ad No 136, 2013
s. 28 ...............................................rep. No. 60, 1986
s. 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–29H ..................................ad. No. 60, 1986
s. 29J..............................................ad. No. 60, 1986
am. No. 46, 2011
Note to s. 29J .................................ad. No. 46, 2011
s. 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
am No 136, 2013
s 29TB ...........................................ad No 136, 2013
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
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
172 Wine Australia Corporation Act 1980
Provision affected How affected
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
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
s. 31F .............................................ad. No. 60, 1986
s. 31G ............................................ad. No. 60, 1986
am. No. 89, 2011
s. 31H ............................................ad. No. 60, 1986
s. 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; No 136, 2013
s. 36 ...............................................rep. No. 152, 1997
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
Wine Australia Corporation Act 1980 173
Provision affected How affected
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
Division 2
s. 39F .............................................ad. No. 144, 1989
am. No. 137, 1992; No. 93, 1993
rs. No. 98, 2010
am. No. 17, 2013
Note 2 to s. 39F(1) ........................rs. No. 17, 2013
s. 39G ............................................ad. No. 144, 1989
am. No. 137, 1992; No. 170, 1999
rs. No. 98, 2010
am. No. 17, 2013
s. 39H ............................................ad. No. 144, 1989
am. No. 137, 1992; No. 170, 1999
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
174 Wine Australia Corporation Act 1980
Provision affected How affected
rs. No. 98, 2010
s. 39J..............................................ad. No. 144, 1989
am. No. 137, 1992; No. 170, 1999
rs. No. 98, 2010
am. No. 17, 2013
s. 39K ............................................ad. No. 144, 1989
am. No. 137, 1992; No. 170, 1999
rs. No. 98, 2010
s. 39L.............................................ad. No. 144, 1989
rs. No. 98, 2010
s. 39M............................................ad. No. 144, 1989
am. No. 137, 1992; No. 170, 1999
rs. No. 98, 2010
s. 39N ............................................ad. No. 144, 1989
am. No. 137, 1992; No. 170, 1999
rep. No. 98, 2010
ss. 39P–39R ...................................ad. No. 144, 1989
am. No. 137, 1992; No. 170, 1999
rep. No. 98, 2010
s. 39S .............................................ad. No. 144, 1989
rs. No. 93, 1993
rep. No. 98, 2010
ss. 39T–39V...................................ad. No. 144, 1989
rep. No. 98, 2010
s. 39W............................................ad. No. 144, 1989
am. No. 93, 1993; No. 170, 1999
rep. No. 98, 2010
s. 39X ............................................ad. No. 144, 1989
rep. No. 98, 2010
Heading to s. 39Y ..........................am. No. 93, 1993
rep. No. 98, 2010
s. 39Y ............................................ad. No. 144, 1989
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
Wine Australia Corporation Act 1980 175
Provision affected How affected
am. No. 93, 1993
rep. No. 98, 2010
s. 39Z.............................................ad. No. 144, 1989
am. No. 93, 1993; No. 43, 1996
rep. No. 98, 2010
s. 39ZAAA ....................................ad. No. 137, 1992
am. No. 170, 1999; No. 115, 2001
rep. No. 98, 2010
s. 39ZAA .......................................ad. No. 137, 1992
am. No. 98, 2010
s. 39ZAB .......................................ad. No. 137, 1992
am. No. 115, 2001
rs. No. 98, 2010
s. 39ZAC .......................................ad. No. 137, 1992
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
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
176 Wine Australia Corporation Act 1980
Provision affected How affected
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, 146 and 170, 1999; No. 98, 2010
Part VIB
Heading to Part VIB ......................rs. No. 98, 2010
Part VIB ........................................ad. No. 93, 1993
Division 1
s. 40 ..............................................am. No. 60, 1986
rs. No. 93, 1993
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........................
of Part VIB
ad. No. 98, 2010
s. 40C ............................................ad. No. 93, 1993
am. No. 115, 2001
rs. No. 98, 2010
s. 40D ...........................................ad. No. 93, 1993
am. No. 102, 1998
rs. No. 98, 2010
s. 40DA..........................................ad. No. 98, 2010
s. 40DB..........................................ad. No. 98, 2010
am. No. 127, 2011
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
Wine Australia Corporation Act 1980 177
Provision affected How affected
Subdivision B
Subdiv. B of Div. 2 ........................
of Part VIB
ad. No. 98, 2010
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
s. 40FA .........................................ad. No. 98, 2010
s. 40FB ..........................................ad. No. 98, 2010
am. No. 127, 2011
Subdivision C
Heading to Subdiv. C of ................
Div. 2 of Part VIB
ad. No. 98, 2010
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
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
178 Wine Australia Corporation Act 1980
Provision affected How affected
Subdivision A
Subdiv. A of Div. 4 of....................
Part VIB
ad. No. 120, 2004
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 ................
Div. 4 of Part VIB
ad. No. 120, 2004
s. 40Q ............................................ad. No. 93, 1993
s. 40QA..........................................ad. No. 120, 2004
Subdivision C
Heading to Subdiv. C of ................
Div. 4 of Part VIB
ad. No. 120, 2004
s. 40R.............................................ad. No. 93, 1993
Subdivision D
Subdiv. D of Div. 4 of....................
Part VIB
ad. No. 120, 2004
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.................
Div. 4 of Part VIB
ad. No. 120, 2004
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
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
Wine Australia Corporation Act 1980 179
Provision affected How affected
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....................
Part VIB
rs. No. 98, 2010
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
Division 5
Heading to Div. 5 of ......................
Part VIB
rs. No. 98, 2010
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
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 4—Amendment history
180 Wine Australia Corporation Act 1980
Provision affected How affected
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; No. 5, 2011
s. 52 ...............................................rep. No. 111, 2009
Schedule
Schedule ........................................rs. No. 93, 1993
am. No. 98, 2010; Nos. 46 and 89, 2011
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 181
Endnote 5—Uncommenced amendments
Grape and Wine Legislation Amendment (Australian Grape and Wine
Authority) Act 2013 (No. 136, 2013)
Schedule 1
16 Title
Omit ―a Wine Australia Corporation‖, substitute ―the Australian
Grape and Wine Authority‖.
17 Section 1
Omit ―Wine Australia Corporation Act 1980‖, substitute ―Australian
Grape and Wine Authority Act 2013‖.
Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act‘s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).
18 Section 3
Repeal the section, substitute:
3 Objects
The objects of this Act are:
(a) to support grape or wine research and development activities;
and
(b) to control the export of grape products from Australia; and
(c) to promote the consumption and sale of grape products, both
in Australia and overseas; and
(d) to enable Australia to fulfil its obligations under prescribed
wine-trading agreements and other international agreements.
19 Subsection 4(1) (definition of annual general meeting)
Repeal the definition, substitute:
annual general meeting means a meeting that is convened under
section 29W.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
182 Wine Australia Corporation Act 1980
20 Subsection 4(1) (definition of annual operational plan)
Repeal the definition, substitute:
annual operational plan means an annual operational plan
developed by the Authority under section 31F.
21 Subsection 4(1) (note at the end of the definition of Authority)
Repeal the note, substitute:
Note: See section 6.
22 Subsection 4(1)
Insert:
Chair means the Chair of the Authority.
23 Subsection 4(1) (definition of Chairperson)
Repeal the definition.
24 Subsection 4(1) (definition of commencing date)
Repeal the definition.
25 Subsection 4(1) (definition of corporate plan)
Repeal the definition, substitute:
corporate plan means a corporate plan prepared by the Authority
under section 31 or 31A.
26 Subsection 4(1) (definition of Corporation)
Repeal the definition.
27 Subsection 4(1) (definition of Corporation’s component of wine grapes levy)
Repeal the definition.
28 Subsection 4(1) (definition of Corporation Selection Committee)
Repeal the definition.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 183
29 Subsection 4(1)
Insert:
Deputy Chair means the Deputy Chair of the Authority.
30 Subsection 4(1) (definition of Deputy Chairperson)
Repeal the definition.
31 Subsection 4(1)
Insert:
director means a director of the Authority, and includes the Chair.
32 Subsection 4(1)
Insert:
general component, in relation to wine grapes levy, means the part
of the levy mentioned in paragraph 7(1)(a) of Schedule 26 to the
Primary Industries (Excise) Levies Act 1999.
33 Subsection 4(1)
Insert:
grape industry means the industry in Australia concerned with the
production of grapes for processing, other than processing by
drying.
34 Subsection 4(1)
Insert:
grape or wine research and development means systematic
experimentation and analysis in any field of science, technology or
economics (including the study of the social or environmental
consequences of the adoption of new technology) carried out with
the object of:
(a) acquiring knowledge that may be of use in obtaining or
furthering an objective of the grape industry or the wine
industry; or
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
184 Wine Australia Corporation Act 1980
(b) applying such knowledge for the purpose of attaining or
furthering such an objective.
For this purpose, knowledge includes knowledge that may be of
use for the purpose of improving any aspect of the production,
processing, storage, transport or marketing of goods that are the
produce, or that are derived from the produce, of the grape industry
or the wine industry.
35 Subsection 4(1)
Insert:
grape or wine research and development activity means:
(a) a grape or wine research and development project; or
(b) the training of persons to carry out grape or wine research
and development; or
(c) the dissemination of information, or the provision of advice
or assistance, to persons or organisations engaged in any
aspect of:
(i) the grape industry or the wine industry; or
(ii) the production, processing, storage, transport or
marketing of goods that are the produce, or that are
derived from the produce, of the grape industry or the
wine industry;
for the purpose of encouraging those persons or organisations
to adopt technical developments designed or adapted to
improve:
(iii) that aspect of the grape industry or the wine industry; or
(iv) that production, processing, storage, transport or
marketing; or
(d) the publication of reports, periodicals, books or papers
containing information that is related to grape or wine
research and development; or
(e) an activity incidental to an activity referred to in
paragraph (a), (b), (c) or (d).
36 Subsection 4(1)
Insert:
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 185
grapes research levy means levy imposed by Schedule 13 to the
Primary Industries (Excise) Levies Act 1999.
37 Subsection 4(1) (definition of industry)
Repeal the definition.
38 Subsection 4(1) (definition of member)
Repeal the definition.
39 Subsection 4(1) (definition of principal employee)
Omit ―Corporation‖, substitute ―Authority‖.
40 Subsection 4(1)
Insert:
research component, in relation to wine grapes levy, means the
part of the levy mentioned in paragraph 7(1)(b) of Schedule 26 to
the Primary Industries (Excise) Levies Act 1999.
41 Subsection 4(1)
Insert:
vacancy, in relation to the office of a director of the Authority, has
a meaning affected by section 5E.
42 Subsection 4(1)
Insert:
wine industry means the industry in Australia concerned with:
(a) the storage, distribution, marketing and sale of grape
products; or
(b) the making of wine.
43 Subsection 4(3) (note)
Repeal the note.
44 Section 4B
Repeal the section.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
186 Wine Australia Corporation Act 1980
45 At the end of Part I
Add:
5E Vacancy in the office of a director of the Authority
For the purposes of a reference in:
(a) this Act to a vacancy in the office of a director of the
Authority; or
(b) the Acts Interpretation Act 1901 to a vacancy in the
membership of a body;
there are taken to be 7 offices of directors of the Authority in
addition to the Chair of the Authority.
46 Part II (heading)
Omit ―Wine Australia Corporation‖, substitute ―Australian Grape
and Wine Authority‖.
47 Sections 6 and 7
Repeal the sections, substitute:
Division 1—Establishment, functions and powers of the
Authority
6 Australian Grape and Wine Authority
The Australian Grape and Wine Authority is established by this
section.
Note: In this Act, Authority means the Australian Grape and Wine
Authority—see section 4.
7 Functions of the Authority
The Authority has the following functions:
(a) to investigate and evaluate the requirements for grape or wine
research and development;
(b) to coordinate or fund the carrying out of grape or wine
research and development activities;
(c) to:
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 187
(i) monitor; and
(ii) evaluate; and
(iii) report to the Parliament, the Minister and the
representative organisations on;
grape or wine research and development activities that are
coordinated or funded, wholly or partly, by the Authority;
(d) to:
(i) assess; and
(ii) report to the Parliament, the Minister and the
representative organisations on;
the impact, on the grape industry or wine industry, of grape
or wine research and development activities that are
coordinated or funded, wholly or partly, by the Authority;
(e) to facilitate the dissemination, adoption and
commercialisation of the results of grape or wine research
and development;
(f) to control the export of grape products from Australia;
(g) to promote the consumption and sale of grape products, both
in Australia and overseas;
(h) such other functions as are conferred on the Authority by:
(i) this Act; or
(ii) the regulations; or
(iii) any other law;
(i) to do anything incidental to, or conducive to, the
performance of any of the above functions.
7A Constitutional limits
The Authority may perform its functions only:
(a) for purposes relating to trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or
between 2 Territories; or
(b) for purposes related to external affairs, including any of the
following:
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
188 Wine Australia Corporation Act 1980
(i) enabling Australia to fulfil its obligations under
prescribed wine-trading agreements;
(ii) enabling Australia to fulfil its obligations under other
international agreements to which Australia is a party;
(iii) addressing matters of international concern;
(iv) by way of the performance of its functions in a place
outside Australia; or
(c) for purposes relating to a corporation to which
paragraph 51(xx) of the Constitution applies; or
(d) for purposes relating to the collection of statistics; or
(e) by way of the use of a postal, telegraphic, telephonic or other
like service within the meaning of paragraph 51(v) of the
Constitution; or
(f) by way of the making of a grant of financial assistance to a
State or Territory; or
(g) for purposes relating to a Territory; or
(h) with respect to a Commonwealth place (within the meaning
of the Commonwealth Places (Application of Laws) Act
1970); or
(i) for purposes relating to the implied power of the Parliament
to make laws with respect to nationhood; or
(j) for purposes relating to the executive power of the
Commonwealth; or
(k) for purposes relating to matters incidental to the execution of
any of the legislative powers of the Parliament or the
executive power of the Commonwealth.
48 Section 8 (heading)
Omit ―Corporation‖, substitute ―the Authority‖.
49 Subsection 8(1)
Omit ―Corporation‖, substitute ―Authority‖.
50 Subsection 8(2)
Omit ―Corporation‖ (first occurring), substitute ―Authority‖.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 189
51 Paragraph 8(2)(a)
Omit ―Corporation‖, substitute ―Authority‖.
52 Paragraph 8(2)(d)
Omit ―the export of grape products from Australia, or the sale of grape
products overseas, by persons other than the Corporation‖, substitute
―the consumption and sale of grape products in Australia or overseas‖.
53 Paragraphs 8(2)(e) and (f)
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
54 Paragraph 8(2)(g)
After ―provision of‖, insert ―goods or‖.
55 Paragraphs 8(2)(g), (ga) and (h)
Omit ―Corporation‖, substitute ―Authority‖.
56 At the end of subsection 8(2)
Add:
; and (i) to enter into agreements under section 10A for the carrying
out of grape or wine research and development activities by
other persons; and
(j) to enter into agreements under section 10B for the carrying
out of grape or wine research and development activities by
the Authority and other persons; and
(k) to make applications, including joint applications, for
patents; and
(l) to deal with patents vested in the Authority or in the
Authority and other persons; and
(m) to accept gifts, grants, bequests and devises made to the
Authority, and act as trustee of money and other property
vested in the Authority on trust; and
(n) to join in the formation of a company.
57 Subsection 8(2A) (heading)
Omit ―Corporation‖, substitute ―Authority‖.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
190 Wine Australia Corporation Act 1980
58 Subsection 8(2A)
Omit ―Corporation‘s common‖, substitute ―Authority‘s‖.
59 Subsection 8(2B)
Omit ―Corporation‖ (first occurring), substitute ―Authority‖.
60 Subsection 8(2B)
Omit ―Chairperson‖, substitute ―Chair‖.
61 Subsection 8(2B)
Omit ―Corporation‖ (last occurring), substitute ―Authority‖.
62 Subsection 8(2F)
Omit ―Wine Australia Corporation Act 1980‖ (wherever occurring),
substitute ―Australian Grape and Wine Authority Act 2013‖.
63 Subsection 8(2G)
Omit ―Chairperson‖, substitute ―Chair‖.
64 Subsection 8(3)
Omit ―Corporation‖, substitute ―Authority‖.
65 Section 10
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
66 After section 10
Insert:
10A Agreements for carrying out grape or wine research and
development activities by other persons
(1) The Authority may enter into an agreement with a person for the
carrying out of grape or wine research and development activities
by the person.
(2) The agreement may:
(a) provide for:
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 191
(i) the money provided under the agreement; and
(ii) any property acquired or goods produced with that
money, or with money that includes that money;
to be used for the purposes specified in the agreement; and
(b) provide for the payment by the person to the Authority of an
amount equal to the whole, or such part as the Authority
determines, of the money provided under the agreement if
any of the money, property or goods referred to in
paragraph (a) is or are used for a purpose not specified in the
agreement; and
(c) make provision with respect to:
(i) assigning inventions and interests in inventions; and
(ii) applying for patents for inventions; and
(iii) commercially exploiting patented inventions; and
(iv) granting licences under patented inventions;
where the inventions are made in the course of undertaking
grape or wine research and development activities or doing
anything else with that money or with money that includes
that money; and
(d) provide for the payment by the person to the Authority of an
amount equal to the whole, or such part as the Authority
determines, of any net income derived by the person from:
(i) the money, property or goods referred to in
paragraph (a); or
(ii) patents or interests referred to in paragraph (c); and
(e) provide for the assignment by the person to the Authority of
any money, property, goods, patents or interests referred to in
paragraph (d); and
(f) provide for the payment by the person to the Authority of an
amount of money determined by the Authority in accordance
with the agreement in the event of the disposal (otherwise
than to the Authority) of any property, goods, patents or
interests referred to in paragraph (d).
(3) Subsection (2) does not limit the matters that may be included in
the agreement.
(4) This section does not limit section 8.
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 5—Uncommenced amendments
192 Wine Australia Corporation Act 1980
10B Agreements for carrying out grape or wine research and
development activities with other persons
(1) The Authority may enter into an agreement (including a joint
venture agreement or a partnership agreement) with a person for
grape or wine research and development activities to be carried out
by the Authority and the person.
(2) The agreement must specify:
(a) the objectives of the grape or wine research and development
activities; and
(b) the expected duration of the grape or wine research and
development activities; and
(c) the nature and extent of the contribution to be made by the
Authority towards the grape or wine research and
development activities; and
(d) the basis for the distribution of profits and other benefits
derived from the grape or wine research and development
activities.
(3) Subsection (2) does not limit the matters that may be included in
the agreement.
(4) This section does not limit section 8.
10C Grants relating to grape or wine research and development
activities
(1) The Authority may make a grant of financial assistance to a State if
the grant relates to grape or wine research and development
activities.
(2) The terms and conditions on which that financial assistance is
granted are to be set out in a written agreement between the
Authority and the State.
(3) For the purposes of this section, State includes:
(a) the Australian Capital Territory; and
(b) the Northern Territory.
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10D Consultations with persons and organisations
(1) The Authority may make arrangements for consulting:
(a) persons and bodies representative of the grape industry or the
wine industry (including any of the representative
organisations); and
(b) Commonwealth, State and Territory authorities concerned
with the grape industry or the wine industry.
(2) Arrangements made by the Authority under subsection (1) may
provide for:
(a) the Authority agreeing to meet travel expenses reasonably
incurred by a person in connection with consultations with
the Authority; and
(b) subject to written guidelines given to the Authority by the
Minister, the Authority agreeing to meet expenses (other than
travel expenses) reasonably incurred by a representative
organisation, or a member of a representative organisation, in
connection with consultations with the Authority.
(3) Subsection (2) does not limit subsection (1).
(4) This section does not limit section 8.
67 Subsections 11(1) and (1A)
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
68 Subsection 11(2)
Omit ―member of the Corporation, as the Corporation‖, substitute
―director of the Authority, as the Authority‖.
69 At the end of Part II
Add:
11A Authority does not have privileges and immunities of the
Crown
The Authority does not have the privileges and immunities of the
Crown in right of the Commonwealth.
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70 Part III (heading)
Repeal the heading.
71 Sections 12 to 22
Repeal the sections, substitute:
Division 2—Constitution and membership of the Authority
12 Constitution of the Authority
(1) The Authority:
(a) is a body corporate with perpetual succession; and
(b) must have a seal; and
(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 Authority. That Act deals with matters relating to Commonwealth
authorities, including reporting and accountability, banking and
investment, and conduct of officers.
(2) The seal of the Authority is to be kept in such custody as the
Authority directs and must not be used except as authorised by the
Authority.
(3) All courts, judges and persons acting judicially must:
(a) take judicial notice of the imprint of the seal of the Authority
appearing on a document; and
(b) presume that the document was duly sealed.
13 Membership of the Authority
The Authority consists of the following directors:
(a) a Chair;
(b) at least 5, and not more than 7, other directors.
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14 Appointment of directors of the Authority
(1) Each director of the Authority is to be appointed by the Minister by
written instrument.
Note: The director of the Authority is eligible for reappointment: see the
Acts Interpretation Act 1901.
(2) A person is not eligible for appointment as a director of the
Authority unless the Minister is satisfied that the person is suitably
qualified for appointment because of expertise in one or more of
the following fields:
(a) grape growing;
(b) winemaking;
(c) marketing;
(d) finance;
(e) business management and administration;
(f) government policy processes and public administration;
(g) strategic management;
(h) administration of research and development;
(i) technology;
(j) law;
(k) human resource management;
(l) communications.
(3) A person is not eligible for appointment as a director of the
Authority if the person is a member of the executive of a
representative organisation.
(4) The directors of the Authority (other than the Chair) are to be
appointed from persons nominated by the Authority Selection
Committee in accordance with section 27F.
(5) Before appointing the Chair of the Authority, the Minister must
consult:
(a) if there are already one or more directors of the Authority
(other than the Chair)—those directors; and
(b) in any case—each representative organisation.
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(6) In appointing directors of the Authority, the Minister must have
regard to whether the directors of the Authority will collectively
possess:
(a) an appropriate balance of expertise in as many as possible of
the fields referred to in subsection (2); and
(b) experience in board affairs.
(7) A director of the Authority holds office on a part-time basis.
15 Period of appointment for directors of the Authority
(1) A director of the Authority holds office for the period specified in
the instrument of appointment. The period must not exceed 3 years.
Note: For reappointment, see the Acts Interpretation Act 1901.
(2) A director of the Authority must not be reappointed on more than
one occasion.
16 Acting directors of the Authority
Acting Chair of the Authority
(1) The Minister may appoint a person to act as the Chair of the
Authority:
(a) during a vacancy in the office of the Chair of the Authority
(whether or not an appointment has previously been made to
the office); or
(b) during any period, or during all periods, when the Chair of
the Authority:
(i) is absent from duty or Australia; or
(ii) is, for any reason, unable to perform the duties of the
office.
Acting director of the Authority (other than the Chair of the
Authority)
(2) The Minister may appoint a person to act as a director of the
Authority (other than the Chair of the Authority):
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(a) during a vacancy in the office of a director of the Authority
(other than the Chair of the Authority), whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when a director of
the Authority (other than the Chair of the Authority):
(i) is absent from duty or Australia; or
(ii) is, for any reason, unable to perform the duties of the
office.
Eligibility
(3) A person is not eligible for appointment to act as:
(a) the Chair of the Authority; or
(b) a director of the Authority (other than the Chair of the
Authority);
unless the person is eligible for appointment as a director of the
Authority.
Note 1: See subsections 14(2) and (3).
Note 2: For rules that apply to acting appointments, see sections 33AB and
33A of the Acts Interpretation Act 1901.
17 Deputy Chair
(1) The Authority may, in writing, appoint a director (other than the
Chair) to be the Deputy Chair of the Authority for such period as is
specified in the instrument of appointment.
(2) The Deputy Chair holds office until:
(a) his or her term of office as Deputy Chair expires; or
(b) he or she ceases to be a director of the Authority; or
(c) the Authority terminates the appointment;
whichever first happens.
Resignation
(3) A director of the Authority may resign an appointment as Deputy
Chair by giving the Chair a written notice of resignation.
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198 Wine Australia Corporation Act 1980
(4) The resignation takes effect on the day it is received by the Chair
or, if a later day is specified in the resignation, on that later day.
Division 3—Terms and conditions for directors of the
Authority
18 Remuneration
(1) A director of the Authority is to be paid the remuneration that is
determined by the Remuneration Tribunal. If no determination of
that remuneration by the Tribunal is in operation, a director of the
Authority is to be paid the remuneration that is prescribed by the
regulations.
(2) A director of the Authority is to be paid the allowances that are
prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
19 Disclosure of interests
For the purposes of sections 27F and 27J of the Commonwealth
Authorities and Companies Act 1997, a director who is a grape
grower or a winemaker is not taken to have a material personal
interest in a matter being considered or about to be considered by
the Authority by reason only of being a grape grower or a
winemaker.
20 Outside employment
(1) A director of the Authority must not engage in any paid
employment that conflicts or may conflict with the proper
performance of his or her duties.
(2) For the purposes of this Division, paid employment as a grape
grower or a winemaker is taken not to be paid employment that
conflicts with the proper performance of duties.
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21 Leave of absence
The Chair of the Authority may grant leave of absence to a director
of the Authority on the terms and conditions that the Chair
determines.
22 Resignation
(1) A director of the Authority may resign his or her appointment by
giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the
Minister or, if a later day is specified in the resignation, on that
later day.
23 Termination of appointment
(1) The Minister may terminate the appointment of a director of the
Authority if the director is unable to perform the duties of his or
her office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of a director of the
Authority if:
(a) the director:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the
benefit of his or her creditors; or
(b) the director fails, without reasonable excuse, to comply with
an obligation imposed on him or her by section 27F or 27J of
the Commonwealth Authorities and Companies Act 1997; or
(c) the director engages in paid employment that conflicts or
may conflict with the proper performance of his or her duties
(see section 20); or
(d) the Minister is satisfied that the performance of the director
has been unsatisfactory for a significant period; or
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200 Wine Australia Corporation Act 1980
(e) the director is absent, except on leave of absence, from 3
consecutive meetings of the Authority.
(3) The Minister must terminate the appointment of a director of the
Authority if the director becomes a member of the executive of a
representative organisation.
24 Other terms and conditions
A director of the Authority holds office on the terms and
conditions (if any) in relation to matters not covered by this Act
that are determined by the Minister.
Division 4—Decision-making by the Authority
25 Holding of meetings
(1) The Authority is to hold such meetings as are necessary for the
performance of its functions.
(2) The Chair of the Authority may convene a meeting at any time.
26 Presiding at meetings
(1) The Chair of the Authority presides at all meetings at which he or
she is present.
(2) If the Chair of the Authority is not present at a meeting:
(a) the Deputy Chair must preside; or
(b) if the Deputy Chair is not present—the directors of the
Authority present must appoint one of themselves to preside.
26A Quorum
(1) At a meeting of the Authority, a quorum is constituted by a
majority of directors.
(2) However, if:
(a) a director of the Authority is required by section 27J of the
Commonwealth Authorities and Companies Act 1997 not to
be present during the deliberations, or to take part in any
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Wine Australia Corporation Act 1980 201
decision, of the Authority with respect to a particular matter;
and
(b) when the director leaves the meeting concerned there is no
longer a quorum present;
the remaining directors at the meeting constitute a quorum for the
purpose of any deliberation or decision at that meeting with respect
to that matter.
26B Voting at meetings etc.
(1) At a meeting of the Authority, a question is decided by a majority
of the votes of directors of the Authority present and voting.
(2) The person presiding at a meeting has a deliberative vote and, in
the event of an equality of votes, also has a casting vote.
26C Conduct of meetings
(1) The Authority may, subject to this Division, regulate proceedings
at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 provides for
participation in meetings by telephone etc.
(2) The Authority may invite a person to attend a meeting of the
Authority for the purpose of advising or informing the Authority
on any matter.
(3) A person referred to in subsection (2) is to be paid such fees,
allowances and expenses (if any) as the Authority determines in
respect of the person‘s attendance at a meeting of the Authority.
26D Minutes
The Authority must keep minutes of its meetings.
72 Section 27ZD
Repeal the section.
73 Part IVA
Repeal the Part.
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202 Wine Australia Corporation Act 1980
74 Part IVB (heading)
Omit ―the industry‖, substitute ―the grape industry and the wine
industry‖.
75 Subsection 29U(1) (definition of old Charge Act)
Repeal the definition.
76 Subsection 29U(1) (definition of old Levy Act)
Repeal the definition.
77 Subsection 29U(2)
Omit ―wine grapes levy, wine export charge or levy imposed under the
old Levy Act‖, substitute ―wine grapes levy or wine export charge‖.
78 Subsection 29V(1)
Omit ―Corporation‖, substitute ―Authority‖.
79 Paragraphs 29V(1)(aa), (ab), (a) and (b)
Repeal the paragraphs, substitute:
(a) wine grapes levy; or
(b) wine export charge;
80 Subsection 29V(2)
Omit ―Corporation‖, substitute ―Authority‖.
81 Section 29W
Repeal the section, substitute:
29W Authority to convene annual general meeting
(1) The Authority may cause an annual general meeting of the grape
industry and the wine industry to be convened at a time and place
determined by the Authority.
(2) The Authority must convene an annual general meeting under
subsection (1) if requested to do so by a representative
organisation.
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Wine Australia Corporation Act 1980 203
(3) If, during a year, 10 or more eligible producers for the year jointly
request the Authority to convene an annual general meeting under
subsection (1), the Authority must comply with that request.
(4) A request under subsection (2) or (3) must be in writing.
82 Paragraph 29X(a)
Omit ―Corporation‖, substitute ―Authority‖.
83 At the end of paragraph 29X(a)
Add ―and‖.
84 Paragraphs 29X(b) and (c)
Repeal the paragraphs, substitute:
(b) to receive an address by the Chair with respect to:
(i) the performance of the Authority in the year to which
the annual report relates; and
(ii) the economic outlook for the grape industry and the
wine industry, and the intended activities of the
Authority, in the year next following that year; and
(c) to question the directors of the Authority concerning any
aspect of:
(i) the Authority‘s activities during the year to which the
annual report relates; or
(ii) the intended activities of the Authority; and
85 Paragraph 29X(d)
Omit ―Corporation‖, substitute ―Authority‖.
86 Paragraph 29Y(1)(a)
Omit ―members of the Corporation‖, substitute ―directors of the
Authority‖.
87 Paragraphs 29Y(1)(c) and (d)
Omit ―Corporation‖, substitute ―Authority‖.
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88 Paragraph 29Y(1)(d)
Omit ―Chairperson‖, substitute ―Chair‖.
89 Subsection 29Y(2)
Omit ―Chairperson‖, substitute ―Chair‖.
90 Subsection 29Y(3)
Omit ―Corporation‖, substitute ―Authority‖.
91 Subsection 29Y(3)
Omit ―the industry‖, substitute ―the grape industry and the wine
industry‖.
92 Section 29ZA
Repeal the section.
93 Part V (at the end of the heading)
Add ―and consultants‖.
94 Section 30
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
95 At the end of Part V
Add:
30A Consultants
(1) The Authority may engage persons having suitable qualifications
and experience as consultants to the Authority.
(2) The consultants are to be engaged on the terms and conditions that
the Authority determines in writing.
96 Part VA (heading)
Omit ―Corporation‖, substitute ―Authority‖.
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97 Sections 31 to 31E
Repeal the sections, substitute:
31 Corporate plans—5-year periods
(1) The Authority must:
(a) prepare a corporate plan for each designated 5-year period;
and
(b) give it to the Minister.
Note: For designated 5-year period, see subsection (11).
(2) The plan must include details of the following matters:
(a) the principal objectives of the Authority;
(b) the strategies and policies that are to be followed by the
Authority in order to achieve those objectives;
(c) the objectives and priorities of the Authority relating to grape
or wine research and development;
(d) the strategies and policies that are to be followed by the
Authority in order to achieve those objectives and priorities;
(e) such other matters (if any) as the Minister requires.
(3) The plan must set out the Authority‘s assessment, for the period to
which the plan relates, of the market outlook and the economic
outlook for the grape industry and the wine industry.
(4) A corporate plan prepared under this section is of no effect unless
the plan has been approved in writing by the Minister.
Varying a corporate plan
(5) The Authority may vary a corporate plan that was prepared under
this section.
(6) A variation of such a corporate plan is of no effect unless the
variation has been approved in writing by the Minister.
Other matters
(7) The Chair must keep the Minister informed about matters that
might significantly affect the achievement of the objectives or
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206 Wine Australia Corporation Act 1980
priorities set out in a corporate plan that was prepared under this
section.
(8) The Minister may give the Chair written guidelines that are to be
used by the Chair in deciding whether a matter is covered by
paragraph (2)(e) or subsection (7).
(9) Before preparing or varying a corporate plan under this section, the
Authority must consult each representative organisation.
(10) None of the following is a legislative instrument:
(a) a requirement under paragraph (2)(e) that is in writing;
(b) an approval under subsection (4);
(c) an approval under subsection (6);
(d) a guideline given under subsection (8).
(11) For the purposes of this section, each of the following is a
designated 5-year period:
(a) the 5-year period beginning on 1 July 2015;
(b) each succeeding 5-year period.
(12) The Authority must ensure that the first corporate plan it prepares
under this section is given to the Minister before 1 May 2015.
31A Corporate plan—initial period
(1) The Authority must:
(a) prepare a corporate plan within 3 months after the
commencement of this subsection; and
(b) give it to the Minister.
(2) The plan must cover the period:
(a) beginning when the plan takes effect; and
(b) ending at the end of 30 June 2015.
(3) The plan must include details of the following matters:
(a) the principal objectives of the Authority;
(b) the strategies and policies that are to be followed by the
Authority in order to achieve those objectives;
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Wine Australia Corporation Act 1980 207
(c) the objectives and priorities of the Authority relating to grape
or wine research and development;
(d) the strategies and policies that are to be followed by the
Authority in order to achieve those objectives and priorities;
(e) such other matters (if any) as the Minister requires.
(4) The plan must set out the Authority‘s assessment, for the period to
which the plan relates, of the market outlook and the economic
outlook for the grape industry and the wine industry.
(5) The plan is of no effect unless it has been approved in writing by
the Minister.
Varying the corporate plan
(6) The Authority may vary the plan.
(7) A variation of the plan is of no effect unless the variation has been
approved in writing by the Minister.
Other matters
(8) The Chair must keep the Minister informed about matters that
might significantly affect the achievement of the objectives or
priorities set out in the plan.
(9) The Minister may give the Chair written guidelines that are to be
used by the Chair in deciding whether a matter is covered by
paragraph (3)(e) or subsection (8).
(10) None of the following is a legislative instrument:
(a) a requirement under paragraph (3)(e) that is in writing;
(b) an approval under subsection (5);
(c) an approval under subsection (7);
(d) a guideline given under subsection (9).
98 Section 31F (heading)
Omit ―Corporation‖, substitute ―Authority‖.
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99 Subsection 31F(1)
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
100 After subsection 31F(1)
Insert:
(1A) The Authority must ensure that the first annual operational plan is
developed within 3 months after the commencement of this
subsection.
101 Sections 31G to 31J
Repeal the sections.
102 Section 31K (heading)
Omit ―Corporation‖, substitute ―Authority‖.
103 Subsections 31K(1) and (2)
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
104 Subsection 31K(3)
Omit ―Chairperson‖, substitute ―Chair‖.
105 Subsections 31K(4), (5), (6) and (7)
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
106 Paragraph 31K(7)(b)
Omit ―Chairperson‖, substitute ―Chair‖.
107 Section 31L
Repeal the section.
108 Section 32 (heading)
Omit ―Corporation‖, substitute ―the Authority‖.
109 Section 32
Omit ―Corporation‖, substitute ―Authority‖.
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110 Paragraphs 32(aa) and (ab)
Omit ―Corporation‘s‖, substitute ―general‖.
111 Paragraphs 32(a), (b), (c) and (d)
Repeal the paragraphs, substitute:
(ae) amounts received by the Commonwealth as the research
component of wine grapes levy; and
(af) 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 research component of wine grapes levy;
and
(ag) amounts received by the Commonwealth as grapes research
levy; and
(ah) 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 grapes research levy; and
(ai) subject to sections 32A and 32B, amounts equal to one-half
of the amounts spent by the Authority as mentioned in
paragraph 35(1)(ac).
112 After section 32
Insert:
32A Limit on Commonwealth’s matching payments
(1) The sum of:
(a) the amounts paid to the Authority under paragraph 32(ai) of
this Act; and
(b) the amounts paid to the Grape and Wine Research and
Development Corporation before the commencement of this
section under paragraph 30(1)(b) of the Primary Industries
and Energy Research and Development Act 1989;
must not exceed the total of:
(c) the sum of the amounts paid to the Authority under
paragraphs 32(ae) and (ag) of this Act, less the sum of:
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210 Wine Australia Corporation Act 1980
(i) any refunds required to be paid by the Commonwealth
in respect of amounts that have been paid or overpaid to
the Commonwealth by way of the research component
of wine grapes levy; and
(ii) any refunds required to be paid by the Commonwealth
in respect of amounts that have been paid or overpaid to
the Commonwealth by way of grapes research levy; and
(d) the sum of the amounts paid to the Grape and Wine Research
and Development Corporation before the commencement of
this section under subparagraphs 30(1)(a)(i) and (ii) of the
Primary Industries and Energy Research and Development
Act 1989, less the sum of any refunds in relation to research
components of levies attached to the Grape and Wine
Research and Development Corporation.
(2) An expression used in paragraph (1)(d) of this section has the same
meaning as it had in the Primary Industries and Energy Research
and Development Act 1989 as in force immediately before the
commencement of this section.
32B Retention limit for Commonwealth’s matching payments
(1) For the purposes of this section, gross value of production, in
relation to a financial year, means the gross value of production,
for that financial year, of the goods that are produce of the grape
industry and the wine industry.
(2) If:
(a) before the end of 31 October next following a financial year,
the Minister determines the amount of the gross value of
production in relation to the financial year; and
(b) as at the end of 31 October next following the financial year,
the sum of the amounts that were paid to the Authority
during the financial year under paragraph 32(ai) exceeds
0.5% of the amount of the gross value of production in
relation to the financial year as determined by the Minister;
the Authority must pay to the Commonwealth an amount equal to
the excess.
(3) If:
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(a) before the end of 31 October next following a financial year,
the Minister has not determined under subsection (2) the
amount of the gross value of production in relation to a
financial year; and
(b) the Minister has determined under subsection (2) the amount
of the gross value of production in relation to the previous
financial year;
the Minister is taken to have made, immediately before the end of
that 31 October, a determination under subsection (2) that the
amount of the gross value of production in relation to the financial
year is equal to the amount of the gross value of production
determined under subsection (2) for the previous financial year.
(4) The Minister may, on behalf of the Commonwealth, set off an
amount payable by the Authority under subsection (2) against an
amount that is payable to the Authority under paragraph 32(ai).
(5) A determination made under subsection (2) is not a legislative
instrument.
(6) The regulations may provide for the manner in which the Minister
is to determine the amount of the gross value of production for a
financial year.
113 Section 33 (heading)
Omit ―Corporation‖, substitute ―the Authority‖.
114 Subsections 33(1) and (2)
Repeal the subsections.
115 Subsection 33(3)
Omit ―Corporation‖, substitute ―Authority‖.
116 Paragraph 33(4)(b)
Omit ―Corporation‘s‖, substitute ―general‖.
117 Subsection 33(4)
Omit ―Corporation‖, substitute ―Authority‖.
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118 At the end of section 33
Add:
(5) 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 research component of wine grapes levy;
the Authority must pay to the Commonwealth an amount equal to
the amount of the refund.
(6) 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 grapes research levy;
the Authority must pay to the Commonwealth an amount equal to
the amount of the refund.
119 Section 34
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
120 Section 34A (heading)
Omit ―Corporation‖, substitute ―Authority‖.
121 Section 34A
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
122 Section 34B
Omit ―Corporation‖, substitute ―Authority‖.
123 Section 35 (heading)
Omit ―Corporation‖, substitute ―the Authority‖.
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124 Section 35
Omit ―Corporation‖ (first and second occurring), substitute ―Authority‖.
125 Paragraph 35(1)(a)
Omit ―under this Act;‖, substitute ―under this Act, the regulations or
any other law; and‖.
126 Paragraph 35(1)(aa)
Omit ―Corporation Selection Committee‖ (wherever occurring),
substitute ―Authority Selection Committee‖.
127 At the end of paragraph 35(1)(aa)
Add ―and‖.
128 Paragraph 35(1)(ab)
Repeal the paragraph, substitute:
(ab) in payment to the Commonwealth of amounts payable under
subsection 32B(2); and
(ac) for the purposes of funding grape or wine research and
development activities included in the broad groupings of
grape or wine research and development activities specified
in an annual operational plan in force when the relevant
payments are made; and
(ad) in payment to the Commonwealth of amounts payable under
section 36; and
129 Paragraph 35(1)(c)
Omit ―Corporation‖, substitute ―Authority‖.
130 At the end of paragraph 35(1)(c)
Add ―, the regulations or any other law‖.
131 After subsection 35(1)
Insert:
(1A) Money paid to the Authority under paragraph 32(ae) or (ag) may
be applied only for the following purposes:
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214 Wine Australia Corporation Act 1980
(a) funding grape or wine research and development activities
included in the broad groupings of grape or wine research
and development activities specified in an annual operational
plan in force when the relevant payments are made;
(b) paying or discharging so much of the expenses, charges,
obligations and liabilities incurred or undertaken by the
Authority as are attributable to:
(i) the performance of its functions relating to grape or
wine research and development; or
(ii) the exercise of its powers relating to grape or wine
research and development;
(c) paying to the Commonwealth amounts payable under
subsection 32B(2);
(d) paying to the Commonwealth amounts payable under
subsection 33(5) or (6);
(e) paying to the Commonwealth amounts payable under
section 36, where the amounts are in respect of the collection
or recovery of amounts referred to in paragraph 32(ae) or
(ag).
132 Subsection 35(2)
Omit ―Subsection (1) does not‖, substitute ―Subsections (1) and (1A) do
not‖.
133 Subsection 35(2)
Omit ―Corporation‖, substitute ―Authority‖.
134 After section 35
Insert:
36 Commonwealth to be paid levy expenses etc.
The Authority must pay to the Commonwealth amounts equal to
the expenses incurred by the Commonwealth in relation to:
(a) the collection or recovery of amounts referred to in
paragraph 32(aa), (ab), (ac), (ad), (ae), (af), (ag) or (ah); and
(b) the administration of section 32.
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Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 215
135 Section 38
Before ―The report‖, insert ―(1)‖.
136 Section 38
Omit ―members‖, substitute ―directors‖.
137 Section 38
Omit ―Corporation‖, substitute ―Authority‖.
138 At the end of section 38
Add:
(2) The report prepared by the directors under section 9 of the
Commonwealth Authorities and Companies Act 1997 on the
operations of the Authority for a period must include:
(a) particulars of:
(i) the grape or wine research and development activities
that the Authority coordinated or funded, wholly or
partly, during the period; and
(ii) the amount that the Authority spent during the period in
relation to each of those activities; and
(iii) which (if any) of those activities related to ecologically
sustainable development; and
(iv) the impact of those activities on the grape industry and
the wine industry; and
(v) the entering into of agreements under section 10A
during the period, and the Authority‘s activities during
the period in relation to agreements entered into under
that section during or before the period; and
(vi) the entering into of agreements under section 10B
during the period, and the Authority‘s activities during
the period in relation to agreements entered into under
that section during or before the period; and
(vii) the making of grants under section 10C during the
period; and
(viii) the Authority‘s activities during the period in relation to
applying for patents for inventions, commercially
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Endnote 5—Uncommenced amendments
216 Wine Australia Corporation Act 1980
exploiting patented inventions and granting licences
under patented inventions; and
(ix) the activities of any companies in which the Authority
has an interest; and
(x) any activities relating to the formation of a company;
and
(xi) significant acquisitions and dispositions of real property
by the Authority during the period; and
(b) an assessment of the extent to which the Authority‘s
operations during the period have:
(i) achieved the Authority‘s objectives as stated in its
corporate plan; and
(ii) implemented the annual operational plan applicable to
the period; and
(c) an assessment of the extent to which the Authority has,
during the period, contributed to the attainment of the objects
of this Act as set out in section 3.
(3) The report prepared by the directors under section 9 of the
Commonwealth Authorities and Companies Act 1997 on the
operations of the Authority for a period must be published on the
Authority‘s website as soon as practicable after the report is tabled
in the House of Representatives.
139 After section 38
Insert:
38A Accountability to representative organisations
(1) As soon as practicable after the report prepared by the directors
under section 9 of the Commonwealth Authorities and Companies
Act 1997 on the operations of the Authority for a period has been
given to the responsible Minister (within the meaning of that
section), the Chair of the Authority must:
(a) provide copies of the report to each representative
organisation; and
(b) make arrangements with each of those organisations to
attend:
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Endnotes
Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 217
(i) the organisation‘s annual conference; or
(ii) a meeting of the organisation‘s executive;
for the purposes set out in subsection (2).
(2) The purposes mentioned in paragraph (1)(b) are as follows:
(a) to enable the report to be considered;
(b) to enable the Chair to deliver an address in relation to:
(i) the Authority‘s activities in the period to which the
report relates; and
(ii) the Authority‘s intended activities in the financial year
next following the end of that period;
(c) to enable the Chair to be questioned about those activities.
140 Section 39
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
141 Section 39ZAA (heading)
Omit ―Corporation‖, substitute ―Authority‖.
142 Subsection 39ZAA(1)
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
143 Section 39ZAC (heading)
Omit ―Corporation‖, substitute ―Authority‖.
144 Section 39ZAC
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
145 Subparagraph 39ZAC(c)(i)
Omit ―Corporation‘s‖, substitute ―Authority‘s‖.
146 Section 39ZA
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
147 Section 39ZB
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
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Endnote 5—Uncommenced amendments
218 Wine Australia Corporation Act 1980
148 Section 39ZJ (heading)
Omit ―Corporation‖, substitute ―Authority‖.
149 Section 39ZJ
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
150 Section 39ZK (heading)
Omit ―Corporation‖, substitute ―Authority‖.
151 Paragraph 39ZK(a)
Omit ―Corporation‖, substitute ―Authority‖.
152 Paragraph 39ZK(b)
Omit ―member of the Corporation‖, substitute ―director of the
Authority‖.
153 Paragraph 39ZK(c)
Omit ―Corporation‖, substitute ―Authority‖.
154 Section 39ZL (heading)
Omit ―Corporation‖, substitute ―Authority‖.
155 Paragraphs 39ZL(1)(c), (d) and (e)
Repeal the paragraphs, substitute:
(c) grapes research levy.
156 Subsection 39ZL(2)
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
157 Paragraph 40K(1)(a)
Omit ―Corporation‖, substitute ―Authority‖.
158 Subsection 40Y(2)
Omit ―Wine Australia Corporation Act 1980‖ (wherever occurring),
substitute ―Australian Grape and Wine Authority Act 2013‖.
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Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 219
159 Subsection 40Z(2)
Omit ―Chairperson of the Corporation‖, substitute ―Chair of the
Authority‖.
160 Section 40ZAC
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
161 Subsection 40ZAI(2)
Omit ―Chairperson of the Corporation‖, substitute ―Chair of the
Authority‖.
162 Section 40ZAJ
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
163 Subsection 40ZAP(2)
Omit ―Chairperson of the Corporation‖, substitute ―Chair of the
Authority‖.
164 Section 40ZA
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
165 Paragraph 40ZB(e)
Omit ―Corporation‖, substitute ―Authority‖.
166 Section 40ZD
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
167 Section 41A (heading)
Omit ―Corporation etc.‖, substitute ―Geographical Indications
Committee etc.‖.
168 Paragraph 41A(1)(a)
Repeal the paragraph.
169 Paragraph 41A(1)(c)
Omit ―member of the Corporation‖, substitute ―director of the
Authority‖.
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Endnote 5—Uncommenced amendments
220 Wine Australia Corporation Act 1980
170 Subsection 41A(5)
Omit ―Corporation‖, substitute ―Authority‖.
171 Subsection 43(1)
Omit ―Corporation‖, substitute ―Authority‖.
172 Subsection 43(1)
Omit ―common‖.
173 Subsections 43(2) and (3)
Omit ―Corporation‖, substitute ―Authority‖.
174 Paragraph 44AB(3)(a)
Omit ―Corporation‖, substitute ―Authority‖.
175 Section 46
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
176 Part VIII
Repeal the Part.
177 Paragraph 2(1)(a) of the Schedule
Omit ―Chairperson of the Corporation in accordance with a resolution
of the Corporation‖, substitute ―Chair of the Authority in accordance
with a resolution of the Authority‖.
178 Paragraphs 2(1)(b) and (c) of the Schedule
Omit ―Chairperson of the Corporation‖, substitute ―Chair of the
Authority‖.
179 Clauses 3, 4 and 6 of the Schedule
Omit ―Chairperson of the Corporation‖ (wherever occurring), substitute
―Chair of the Authority‖.
180 Clause 7 of the Schedule
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
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Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 221
181 Subclause 8(1) of the Schedule
Omit ―Chairperson of the Corporation‖, substitute ―Chair of the
Authority‖.
182 Clauses 9 and 11 of the Schedule
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
183 Clause 12 of the Schedule (heading)
Omit ―Corporation’s‖, substitute ―Authority’s‖.
184 Clause 12 of the Schedule
Omit ―Corporation‖ (wherever occurring), substitute ―Authority‖.
185 Clause 12 of the Schedule
Omit ―section 63H of the Audit Act 1901‖, substitute ―section 9 of the
Commonwealth Authorities and Companies Act 1997‖.
Rural Research and Development Legislation Amendment Act 2013
(No. 146, 2013)
Schedule 11
13 Subsection 4(1)
Insert:
funding agreement means an agreement under subsection 35(1C).
14 Subsection 14(4)
Omit all the words after ―appointed‖, substitute:
from persons:
(a) nominated by the Authority Selection Committee in
accordance with section 27G; or
(b) included on a list, given to the Minister under
subparagraph 27G(1)(b)(ii), of persons the Authority
Selection Committee considers suitable for nomination.
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Endnote 5—Uncommenced amendments
222 Wine Australia Corporation Act 1980
15 At the end of subsection 14(6)
Add:
; and (c) appropriate diversity.
16 Section 32A
Omit ―and Energy‖ (wherever occurring).
17 At the end of subsection 32A(1)
Add:
; and (e) amounts prescribed by the regulations.
18 After subsection 32A(1)
Insert:
(1A) Subsection (1) does not apply if the regulations so provide.
19 After subsection 35(1A)
Insert:
Spending must be in accordance with funding agreement
(1B) After 30 June 2015, the Authority must not spend money that has
been paid to the Authority by the Commonwealth unless the
Authority does so in accordance with a written funding agreement.
(1C) The Minister may enter into a funding agreement with the
Authority. The agreement must specify the terms and conditions on
which money paid to the Authority by the Commonwealth will be
spent.
(1D) A funding agreement must be published on the website of the
Authority as soon as practicable after it is made or varied.
20 After section 41A
Insert:
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Endnotes
Endnote 5—Uncommenced amendments
Wine Australia Corporation Act 1980 223
42 Delegation by Minister
The Minister may, in writing, delegate all or any of his or her
powers and functions under this Act (other than section 31K) to:
(a) the Secretary; or
(b) an APS employee who holds or performs the duties of an
SES Band 1 position, or an equivalent or higher position, in
the Department.
21 Section 43 (heading)
Repeal the heading, substitute:
43 Delegation by Authority
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 6—Modifications
224 Wine Australia Corporation Act 1980
Endnote 6—Modifications
A.C.T. Self-Government (Consequential Provisions) Regulations
ComLaw Authoritative Act C2013C00691
Endnotes
Endnote 7—Misdescribed amendments [none]
Wine Australia Corporation Act 1980 225
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
ComLaw Authoritative Act C2013C00691