澳大利亚酒类公司法1980（2013年12月14日合并版）, 澳大利亚, WIPO Lex

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英语 Wine Australia Corporation Act 1980 (consolidated as of December 14, 2013)

Wine Australia Corporation Act 1980

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.

ComLaw Authoritative Act C2013C00691

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

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

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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Part I Preliminary

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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Section 4

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

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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Part I Preliminary

Section 4

4 Wine Australia Corporation Act 1980

(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

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;

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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Preliminary Part I

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

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;

(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

relating to the export of grape products from Australia.

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Part I Preliminary

Section 4

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

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

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

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

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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Section 4

8 Wine Australia Corporation Act 1980

(a) a registered geographical indication; or

(b) a registered translation of such an indication; 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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Preliminary Part I

Section 4

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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Part I Preliminary

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.

ComLaw Authoritative Act C2013C00691

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;

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

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

ComLaw Authoritative Act C2013C00691

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;

(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

ComLaw Authoritative Act C2013C00691

Wine Australia Corporation Part II

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

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

ComLaw Authoritative Act C2013C00691

Part II Wine Australia Corporation

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

Wine Australia Corporation Part II

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

Part II Wine Australia Corporation

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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Wine Australia Corporation Part II

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;

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

(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;

(d) finance;

ComLaw Authoritative Act C2013C00691

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

ComLaw Authoritative Act C2013C00691

Part III Constitution and meetings of the Corporation

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.

ComLaw Authoritative Act C2013C00691

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;

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.

ComLaw Authoritative Act C2013C00691

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

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

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

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

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;

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;

(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;

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;

(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

ComLaw Authoritative Act C2013C00691

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;

(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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Part VA Operation of Corporation

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;

ComLaw Authoritative Act C2013C00691

Part VA Operation of Corporation

Division 3 Directions

Section 31K

60 Wine Australia Corporation Act 1980

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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Part VI Finance

Section 33

62 Wine Australia Corporation Act 1980

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

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).

ComLaw Authoritative Act C2013C00691

Finance Part VI

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

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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Section 39

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

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;

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;

(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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Part VIA Label integrity program

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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Part VIA Label integrity program

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.

ComLaw Authoritative Act C2013C00691

Label integrity program Part VIA

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

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

and

(d) either:

(i) a record kept by the person under those subsections in

relation to the wine goods conflicts with the label claim;

(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

or misleading; and

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Part VIA Label integrity program

Division 2 Records relating to label claims

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

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

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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Label integrity program Part VIA

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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Division 2 Records relating to label claims

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

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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Label integrity program Part VIA

Inspection Division 3

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;

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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Part VIA Label integrity program

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

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

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

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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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

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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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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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

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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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

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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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

(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

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

(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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Wine Australia Corporation Act 1980 87

(bb) wine export charge; 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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Wine Australia Corporation Act 1980 89

(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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Section 40DA

Wine Australia Corporation Act 1980 91

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

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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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

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

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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Section 40DB

Wine Australia Corporation Act 1980 93

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

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

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

(i) the trade mark had been entered in good faith in the

(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

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

Wine Australia Corporation Act 1980 95

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;

(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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Part VIB Protection of geographical indications and other terms

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

(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

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

(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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Part VIB Protection of geographical indications and other terms

Division 2 Provisions relating to sale, export or import of wine

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

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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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

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

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

(i) the trade mark had been entered in good faith in the

(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

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

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

(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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Section 40J

102 Wine Australia Corporation Act 1980

(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

(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;

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

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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

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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Section 40PA

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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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Division 4 Australian geographical indications

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;

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

Committee is considering, under paragraph 40T(3)(b),

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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

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;

(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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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;

(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

(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;

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

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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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

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;

(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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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

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

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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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

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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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

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.

ComLaw Authoritative Act C2013C00691

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.

ComLaw Authoritative Act C2013C00691

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

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.

ComLaw Authoritative Act C2013C00691

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:

(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));

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.

ComLaw Authoritative Act C2013C00691

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);

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

ComLaw Authoritative Act C2013C00691

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

(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

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

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

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

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;

(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

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;

(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

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;

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);

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

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;

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

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;

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

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

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

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:

(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);

(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.

ComLaw Authoritative Act C2013C00691

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;

(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.

ComLaw Authoritative Act C2013C00691

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

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

ComLaw Authoritative Act C2013C00691

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.

ComLaw Authoritative Act C2013C00691

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;

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.

ComLaw Authoritative Act C2013C00691

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.

ComLaw Authoritative Act C2013C00691

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

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.

ComLaw Authoritative Act C2013C00691

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:

(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

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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

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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

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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

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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

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.

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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.

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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

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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

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:

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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.

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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;

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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:

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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

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‖.

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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‖.

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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:

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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

(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.

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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

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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Endnote 5—Uncommenced amendments

Wine Australia Corporation Act 1980 193

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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Endnote 5—Uncommenced amendments

194 Wine Australia Corporation Act 1980

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

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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Endnote 5—Uncommenced amendments

Wine Australia Corporation Act 1980 195

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;

(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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Endnote 5—Uncommenced amendments

196 Wine Australia Corporation Act 1980

(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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Endnote 5—Uncommenced amendments

Wine Australia Corporation Act 1980 197

(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

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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Wine Australia Corporation Act 1980 199

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

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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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

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;

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);

(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

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);

(d) a guideline given under subsection (9).

98 Section 31F (heading)

Omit ―Corporation‖, substitute ―Authority‖.

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208 Wine Australia Corporation Act 1980

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:

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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Wine Australia Corporation Act 1980 211

(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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212 Wine Australia Corporation Act 1980

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;

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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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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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

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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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;

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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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:

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‖.

ComLaw Authoritative Act C2013C00691

Endnotes

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‖.

ComLaw Authoritative Act C2013C00691

Endnotes

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‖.

ComLaw Authoritative Act C2013C00691

Endnotes

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.

ComLaw Authoritative Act C2013C00691

Endnotes

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:

ComLaw Authoritative Act C2013C00691

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

澳大利亚酒类公司法1980（2013年12月14日合并版），澳大利亚

可用资料

澳大利亚酒类公司法1980（2013年12月14日合并版）， 澳大利亚

可用资料

澳大利亚酒类公司法1980（2013年12月14日合并版），澳大利亚