Commonwealth Consolidated Acts

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 - SECT 8

             (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.

             (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 that are to be applicable to registered geographical indications in relation to wines manufactured in Australia or an agreement country; and

                    (ab)  to determine any conditions that are to be applicable to registered traditional expressions in relation to wines manufactured in Australia or an agreement country; and

                    (ac)  to determine any conditions that are to be applicable to registered ancillary protected expressions in relation to wines manufactured in Australia or an agreement country; and

                    (ad)  to determine any geographical indications or traditional expressions that are to be registered in relation to a foreign country that is not an agreement country and to determine any conditions that are to be applicable to those indications or expressions; and

                    (ae)  to determine the varieties of grapes from which wine may be manufactured in Australia and to determine any conditions that are to be applicable to the description and presentation of wine manufactured from grapes of those varieties; 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

                     (c)  where a grape product proposed to be exported from 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

                     (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

                     (h)  to waive the payment of fees and charges payable to the Corporation.

          (2A)  A determination under paragraph (2)(aa), (ab), (ac), (ad) or (ae) 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 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.

           (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), (ab), (ac), (ad) or (ae) of the Australian Wine and Brandy 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), (ab), (ac), (ad) or (ae) of the Australian Wine and Brandy Corporation Act 1980 must be made before the time fixed by subsection (1A) ends.".

          (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.

             (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.