Commonwealth Consolidated Acts

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 - SECT 9

             (1)  The Corporation may, by notice published in the Gazette , approve a person as a carrier for the purposes of the carriage of a specified grape product to a specified place outside Australia.

             (2)  The Corporation may, by notice published in the Gazette , determine that a contract, or a contract included in a class of contracts, for the carriage of a specified grape product to a specified place outside Australia shall not be entered into except with the approval of the Corporation.

             (3)  An approval under subsection (2) may00. be given subject to such conditions (if any) as the Corporation determines.

             (4)  While an approval under subsection (1) is in force in relation to a place outside Australia, a person shall not enter into a contract with another person for the carriage by that other person of a grape product specified in the notice of approval to that place unless that other person is approved under that subsection in relation to that place.

Penalty:  $6,000.

             (5)  A person other than the Corporation shall not enter into a contract with another person for the carriage by that other person of a grape product in relation to which a notice under subsection (2) is in force to a place outside Australia specified in that notice except with the approval of the Corporation and in conformity with the conditions (if any) to which that approval is subject.

Penalty:  $6,000.

          (5A)  An offence under subsection (4) or (5) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

             (6)  Subsection (4) does not apply to the Corporation in relation to any grape product when acting on its own behalf or as the agent of the owner of the grape product or of a person having the authority to export the grape product.

             (7)  A collector or officer for the purposes of the Customs Act 1901  may require a person who seeks to export from Australia to a place outside Australia in relation to which a notice under subsection (2) is in force a grape product specified in the notice, on making entry of the grape product under that Act and before the entry has been passed, to satisfy him or her that:

                     (a)  the contract for the carriage of the grape product to that place was entered into with the approval of the Corporation and in conformity with the conditions (if any) to which that approval is subject; and

                     (b)  the carrier undertaking the carriage of the grape product to that place is approved by the Corporation under subsection (1) as a carrier for the purposes of the carriage to that place of a grape product of a kind to which that contract relates;

and the collector or officer may refuse to pass the entry until that person has so satisfied him or her.

             (8)  A contract entered into for the carriage of a grape product to a place outside Australia is not unenforceable, voidable or void by reason only of the contract having been entered into in contravention of subsection (4) or (5).