Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part, unless the contrary intention appears:
"approved" means approved by the Corporation in writing.
"blend" means wine manufactured by blending different wines.
"different wines" means wines that are different because at least one of their characteristics of vintage, variety or geographical indication is different.
"direct sale" means a sale of wine to a consumer visiting a winery or ordering the wine from its manufacturer.
(a) any document required to be kept under this Part; or
(b) any wine label or other document relating to the vintage, variety or geographical indication of wine goods; or
(c) any document relating to advertising the vintage, variety or geographical indication of wine goods; or
(d) any other document that is relevant to monitoring or enforcing compliance with a label law.
"geographical area" includes a vineyard, a district and a State, but does not include Australia or a larger area.
"grape extract" means grape juice, must, or concentrate obtained from grapes.
"inspection power" , in relation to wine premises, means:
(a) power to search any part of the premises; or
(b) power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any wine goods or other thing on the premises; or
(c) power to take extracts from, and make copies of, any examinable documents on the premises; or
(d) power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising any other inspection power on the premises.
"inspector" means a person appointed under section 39ZA.
"label claim" , in relation to wine goods, means a claim about their vintage, variety or geographical indication made on a wine label, in a commercial document or in an advertisement, and includes a claim so made about the vintage, variety or geographical indication of wine goods from which they were manufactured.
(a) this Part; or
(b) the regulations; or
(c) another law of the Commonwealth relating to the description of wine; or
(d) a law of a State or an internal Territory relating to the description of wine.
"label offence" means an offence against a label law.
"made" , in relation to a claim, includes implied.
"manufacturer" , in relation to wine, means the wine manufacturer who operates the winery where the wine is made.
"manufacturing wine" includes blending different wines.
"package" , in relation to wine, means a container in which the wine is sold or transferred for sale.
"principal employee" means the person holding the position of principal employee (however described) of the Corporation.
"single wine" means a wine other than a blend.
"supplier" , in relation to wine goods received by a wine manufacturer, means:
(a) where the wine manufacturer produced them--the wine manufacturer; or
(b) where another person produced them--the person who supplied them to the wine manufacturer.
"variety" , in relation to wine or grape extract, means the variety of the grapes from which it was obtained.
(a) in relation to grapes--the year in which they were harvested; or
(b) in relation to wine or grape extract--the year in which the grapes from which it was obtained were harvested.
"wine goods" means wine, grapes or grape extract.
"wine label" means a label attached to a bottle or other package of wine and includes that part of a package of wine on which there is writing.
"wine manufacturer" means a person who operates a winery.
"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.
"winery" means an establishment at which:
(a) wine is manufactured for commercial purposes; or
(b) grape extract is manufactured for use in the manufacture of wine for commercial purposes;
and, in relation to a wine manufacturer, means a winery operated by the manufacturer.
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