Commonwealth Consolidated Acts

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 - SECT 40D

             (1)  This section has effect for the purposes of section 40C.

             (2)  Subject to this section, 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

                     (c)  it includes a registered traditional expression and the wine did not originate in a country, region or locality in relation to which the expression is registered; or

                     (d)  it includes a registered ancillary protected expression and the wine did not originate in a country, region or locality in relation to which the expression is registered; or

                     (e)  it is not in accordance with such provisions (if any) 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 subsection (2), a registered geographical indication, a registered traditional expression or a registered ancillary protected expression is taken to be included in the description and presentation of wine even if the indication or expression is accompanied by another word or expression such as "kind", "type", "style", "imitation" or "method", or any similar word or expression.

             (5)  If:

                     (a)  the description and presentation of wine includes a word or expression that is a registered geographical indication, a registered traditional expression, or a registered ancillary protected expression, in relation to a country, region or locality; and

                     (b)  the wine originated in that country, region or locality; and

                     (c)  the description and presentation indicates that the wine originated in that country, region or locality;

the description and presentation is not false merely because the word or expression included in the description and presentation is also a registered geographical indication, a registered traditional expression, or a registered ancillary protected expression, in relation to another country, region or locality.

             (6)  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 an individual who manufactured, sold, exported or imported the wine lawfully carries on business under the name of another individual who previously carried on the business--the name of that other individual; or

                     (c)  the address of the winery at which the wine was manufactured.