Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
(a) if an agreement relating to trade in wine is in force between the European Economic 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.
"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.
"Corporation" means the Australian Wine and Brandy Corporation established by this Act.
"corporation" , in Part VIB, means a body corporate that:
(a) is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or
(b) is a trading corporation within the meaning of that paragraph that is formed within the limits of Australia; or
(c) is incorporated in a Territory.
"Corporation's component of wine grapes levy" has the meaning given by section 31L.
"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.
"dried grapes" means grapes containing less than 60% of moisture.
"EC country" means a country that is a member of the European Economic Community.
"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, means:
(a) a word or expression used in the description and presentation of the wine to indicate the country, region or locality in which the wine originated; or
(b) a word or expression used in the description and presentation of the wine to suggest that a particular quality, reputation or characteristic of the wine is attributable to the wine having originated in the country, region or locality indicated by the word or expression.
(a) wine manufactured in Australia from prescribed goods;
(b) brandy distilled in Australia from any such wine;
(c) grape spirit manufactured in Australia from prescribed goods and suitable for the fortifying of wine or the manufacture of brandy; or
(d) a product (being prescribed goods or a product derived in whole or in part from prescribed goods) declared by the regulations to be a grape product for the purposes of this Act.
"industry" means the grape products industry in Australia.
"member" means a member of the Corporation and includes the Chairperson.
"modify" , in relation to oenological practices and processes, or compositional or other requirements, includes:
(a) add one or more practices or processes, or compositional or other requirements; and
(b) vary any one or more of the practices or processes, or of the compositional or other requirements; and
(c) omit any one or more of the practices or processes, or of the compositional or other 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, has the meaning given by section 5D.
"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.
(a) fresh grapes;
(b) dried grapes; and
(c) grape juice, whether single‑strength or concentrated.
"prescribed wine-trading agreement" means:
(a) an agreement relating to trade in wine that is in force between the European Economic Community and Australia; or
(b) an agreement relating to trade in wine that is in force between a foreign country (other than an EC country) and Australia and is declared by the regulations to be a prescribed wine‑trading agreement.
"presentation" , in relation to wine, has a meaning affected by section 5C.
"Register" means the Register of Protected Names kept under section 40ZC.
"registered" means included in the Register.
"registered ancillary protected expression" means a word or expression, other than a geographical indication or traditional expression, that is included in the Register in relation to a particular country.
"registered condition" , in relation to:
(a) a geographical indication, a traditional expression, or any other word or expression, relating to wine; or
(b) a variety of grapes for use in the manufacture of wine in Australia;
means a condition included in the Register that is applicable to the geographical indication, traditional expression or other word or expression, or is applicable to the description and presentation of wine manufactured from, or from grapes that include, that variety of grapes, as the case may be.
"registered geographical indication" means a geographical indication that is included in the Register in relation to a particular country.
"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 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 the Register in relation to a particular country.
"registered variety of grapes" means a variety of grapes that is included in the Register.
"Register of Trade Marks" means the register kept under section 207 of the Trade Marks Act 1995 .
"Registrar" means the Registrar of Protected Names.
"Selection Committee" means the Australian Wine and Brandy Corporation Selection Committee.
"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, means a word or expression used in the description and presentation of the wine to refer to the method of production, or to the quality, colour or type, of the wine.
"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 grapes levy" means levy imposed by Schedule 26 to the Primary Industries (Excise) Levies Act 1999 .
"year" means a period of 12 months commencing on 1 July.
(3) If a prescribed wine trading agreement is in force between the European Economic 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 .
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]