Commonwealth Consolidated Acts

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Objects  
   4.      Interpretation  
   4A.     Extension to external Territories  
   4B.     Application of the Criminal Code  
   5A.     Declared winemakers organisations  
   5B.     Declared wine grape growers organisation  
   5C.     Meaning of description and presentation  
   5D.     Where wine originates  

   PART II--THE AUSTRALIAN WINE AND BRANDY CORPORATION

   6.      Establishment of Corporation  
   7.      Functions of Corporation  
   8.      Powers of Corporation  
   9.      Contracts for carriage of grape products  
   10.     Power to enter into arrangements etc.  
   11.     Committees  

   PART III--CONSTITUTION AND MEETINGS OF THE CORPORATION

   12.     Nature of Corporation  
   13.     Membership of Corporation  
   14.     Term of office of members  
   15.     Deputy Chairperson  
   16.     Leave of absence  
   17.     Resignation of members  
   20.     Termination of appointments  
   21.     Disclosure of interests by members of Corporation  
   22.     Meetings of Corporation  

   PART IVA--AUSTRALIAN WINE AND BRANDY CORPORATION SELECTION COMMITTEE

   29AA.   Interpretation  
   29A.    Establishment of Committee  
   29B.    Functions of Committee  
   29C.    Powers of Committee  
   29D.    Minister may request nominations  
   29E.    Selection of persons by Committee  
   29F.    Nomination  
   29G.    Minister may reject nominations  
   29H.    Membership of Committee  
   29J.    Acting Presiding Member  
   29K.    Casual vacancy  
   29L.    Remuneration and allowances of members of Committee  
   29M.    Leave of absence  
   29N.    Resignation  
   29P.    Termination of appointment of members of Committee  
   29Q.    Disclosure of interests by members of Committee  
   29R.    Meetings of Committee  
   29S.    Resolutions without meetings  
   29T.    Staff and consultants  
   29TA.   Annual report  

   PART IVB--ANNUAL GENERAL MEETING OF THE INDUSTRY

   29U.    Interpretation  
   29V.    List of producers  
   29W.    Corporation to convene annual general meeting  
   29X.    Purpose of annual general meeting  
   29Y.    Conduct of annual general meeting  
   29ZA.   Minister to be notified of resolutions  

   PART V--STAFF

   30.     Employees  

           Division 1--Corporate plans

   31.     Corporation to develop corporate plans  
   31A.    Agreement to corporate plans  
   31B.    Variation of corporate plans by Corporation  
   31C.    Variations of corporate plans at request of Minister  
   31D.    Date of effect of variations  
   31E.    Notice of variation of corporate plans  

           Division 2--Annual operational plans

   31F.    Corporation to develop annual operational plans  
   31G.    Agreement to annual operational plans  
   31H.    Variation of annual operational plans  
   31J.    Notice of variation of annual operational plan  

           Division 3--Directions

   31K.    Directions to Corporation and Geographical Indications Committee  

   PART VI--FINANCE

   31L.    Corporation's component of wine grapes levy  
   32.     Payments to Corporation  
   33.     Payments by Corporation to Commonwealth  
   34.     Borrowing  
   34A.    Corporation may give security  
   34B.    Borrowings not otherwise permitted  
   35.     Application of money of Corporation  
   38.     Extra matters to be included in annual report  
   39.     Liability to taxation  

   PART VIA--LABEL INTEGRITY PROGRAM

           Division 1--Preliminary

   39A.    Object of Part  
   39B.    Operation of Part  
   39C.    Interpretation  
   39D.    Sales with a label claim  
   39E.    Penalties  
   39EA.   Time for bringing prosecutions  

           Division 2--Records relating to label claims

   39F.    Wine manufacturers to keep records of receipt of wine goods  
   39G.    Wine manufacturers to keep records of manufacture of certain single wines  
   39H.    Wine manufacturers to keep records of manufacture of certain blends  
   39J.    Wine manufacturers to keep records of sales of certain wine  
   39K.    Wine manufacturers to keep records of disposals of certain wine  
   39L.    Direct sales  
   39M.    Wine manufacturers to keep records of transfers of certain wine  
   39N.    Wine manufacturers to keep records of production of certain grape extract  
   39P.    Wine manufacturers to keep records of sales of certain grape extract  
   39Q.    Wine manufacturers to keep records of disposal of certain grape extract  
   39R.    Wine manufacturers to keep records of transfers of certain grape extract  
   39S.    Making of records  
   39T.    Records to relate to a winery  
   39U.    Keeping of records  
   39V.    Record of person  
   39W.    Characteristics to be recorded  
   39X.    Record of variety  
   39Y.    Record of geographical indication  
   39Z.    Record of blends etc.  
   39ZAAA. Offences in relation to record-keeping  
   39ZAA.  Corporation may require records  
   39ZAB.  Failure to comply with section 39ZAA notice  
   39ZAC.  Corporation may retain records  

           Division 3--Inspection

   39ZA.   Appointment of inspectors  
   39ZB.   Identity cards  
   39ZC.   Monitoring powers of inspectors--exercised with consent  
   39ZD.   Monitoring warrants  
   39ZE.   Offence powers of inspectors--exercised with consent  
   39ZF.   Offence related warrants  
   39ZG.   Discovery of evidence  
   39ZH.   Power to require persons to answer questions and produce documents  

           Division 4--Use of records and results of inspection

   39ZJ.   Corporation to assist enforcement of laws on description of wine  
   39ZK.   Proceedings not to lie against Corporation etc.  
   39ZL.   Corporation may assist in relation to levy  

   PART VIB--PROTECTION OF CERTAIN NAMES AND EXPRESSIONS

           Division 1--Preliminary

   40.     Interpretation  
   40A.    Object of Part  
   40B.    Additional operation of Part  

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

   40C.    Sale, export or import of wine with a false description and presentation  
   40D.    Meaning of false description and presentation  
   40E.    Sale, export or import of wine with a misleading description and presentation  
   40F.    Meaning of misleading description and presentation  
   40G.    Sale, export or import of wine in contravention of certain registered conditions  
   40H.    Blending requirements, oenological practices and processes and compositional or other requirements  
   40J.    Exception for certain wines  
   40K.    Prosecution of offences  
   40L.    Injunctions  
   40M.    Application of national food standards to wines imported from agreement countries  

           Division 3--Establishment, function and powers of Geographical Indications Committee

   40N.    Establishment of Committee  
   40P.    Function and powers of Committee  

           Division 4--Australian geographical indications

              Subdivision A--What this Division is about

   40PA.   What this Division is about  

              Subdivision B--Powers of Committee to determine geographical indications

   40Q.    Power of Committee to determine geographical indications  
   40QA.   Committee must await decisions under Subdivision D  

              Subdivision C--Applications for determinations of geographical indications

   40R.    Applications for determinations  

              Subdivision D--Objections to determination of geographical indications based on pre-existing trade mark rights

   40RA.   Notice to be given of proposed geographical indication  
   40RB.   Grounds of objection to the determination of a geographical indication  
   40RC.   Consideration of objections  
   40RD.   Notice to be given of decision  
   40RE.   Decision that ground of objection no longer exists  
   40RF.   Appeals  
   40RG.   Decisions made under this Division not to affect rights under Trade Marks Act  

              Subdivision E--Determinations of geographical indications

   40SA.   When may a determination be made under this Subdivision?  
   40S.    Consultation by the Committee  
   40T.    Making of determinations  
   40U.    Interim determination  
   40V.    Publication of notice of interim determination  
   40W.    Final determination  
   40X.    Publication of notice of final determination  
   40Y.    Review of final determination  
   40Z.    Date of effect of final determination  

           Division 4A--Omission of registered geographical indications

              Subdivision A--What this Division is about

   40ZAA.  What this Division is about  

              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  
   40ZAC.  Application  
   40ZAD.  Further information concerning an application  
   40ZAE.  Notice by Committee  
   40ZAF.  Determination by Committee  
   40ZAG.  Notice of determination  
   40ZAH.  AAT review of a determination  
   40ZAI.  Date of effect of determination to omit GI  

              Subdivision C--Omission of Australian GIs because no longer required

   40ZAJ.  Application  
   40ZAK.  Further information concerning an application  
   40ZAL.  Notice by Committee  
   40ZAM.  Meaning of interested person  
   40ZAN.  Determination by Committee  
   40ZAO.  Notice of determination  
   40ZAP.  Date of effect of determination to omit Australian GI  

           Division 5--Register of Protected Names

   40ZA.   Registrar  
   40ZB.   Functions of Registrar  
   40ZC.   Register of Protected Names  
   40ZD.   Contents of Register  
   40ZE.   Inspection of Register  

           Division 6--Inspection

   40ZF.   Inspection powers  

   PART VII--MISCELLANEOUS

   41A.    Remuneration and allowances of members of Corporation etc.  
   42.     Corporation may require information  
   43.     Delegation  
   44.     Offences in relation to export of grape products  
   44AA.   Time for bringing prosecutions  
   44A.    Conduct by directors, servants or agents  
   45.     Operation of certain laws not restricted  
   46.     Regulations  

   PART VIII--REPEAL OF CERTAIN ACTS AND CONSEQUENT TRANSITIONAL PROVISIONS

   47.     Interpretation  
   49.     Rights etc. of Board to vest in Corporation etc.  
   50.     Instrument etc. not liable to stamp duty etc.  
   51.     Application of moneys of Corporation  
   52.     Moneys to be paid to Corporation in respect of levy etc.  
   53.     Employees of Board  
   54.     Report on operations of Board  
   55.     Regulations  
           SCHEDULE Administrative provisions relating to the Geographical Indications Committee