WINE AUSTRALIA ACT 2013
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Interpretation
- 4A Extension to external Territories
- 5A Declared winemakers organisations
- 5B Declared wine grape growers organisation
- 5BA Representative organisations
- 5C Meaning of description and presentation
- 5D Where wine or grape extract originates
- 5E Vacancy in the office of a director of the Authority
PART II--WINE--AUSTRALIA
Division 1--Establishment, functions and powers of the Authority
- 6 Wine Australia
- 7 Functions of the Authority
- 7A Constitutional limits
- 7B Uniformity
- 8 Powers of the Authority
- 10 Power to enter into arrangements etc.
- 10A Agreements for carrying out grape or wine research and development activities by other persons
- 10B Agreements for carrying out grape or wine research and development activities with other persons
- 10C Grants relating to grape or wine research and development activities
- 10D Consult a tions with persons and organisations
- 11 Committees
- 11A Authority does not have privileges and immunities of the Crown
Division 2--Constitution and membership of the Authority
- 12 Constitution of the Authority
- 13 Membership of the Authority
- 14 Appointment of directors of the Authority
- 15 Period of appointment for directors of the Authority
- 16 Acting directors of the Authority
- 17 Deputy Chair
Division 3--Terms and conditions for directors of the Authority
- 18 Remuneration
- 19 Disclosure of interests
- 20 Outside employment
- 21 Leave of absence
- 22 Resignation
- 23 Termination of appointment
- 24 Other terms and conditions
Division 4--Decision-making by the Authority
- 25 Holding of meetings
- 26 Presiding at meetings
- 26A Quorum
- 26B Voting at meetings etc.
- 26C Conduct of meetings
- 26D Minutes
PART IV--WINE--AUSTRALIA SELECTION COMMITTEE
Division 1--Introduction
- 27A Simplified outline of this Part
Division 2--Establishment, functions and powers of the Authority Selection Committee
- 27B Authority Selection Committee
- 27C Functions of the Authority Selection Committee
- 27D Powers of the Authority Selection Committee
- 27E Minister may request nominations
- 27F Selection of persons by the Authority Selection Committee
- 27G Nominations
- 27H Minister may reject nominations
Division 3--Membership of the Authority Selection Committee
- 27J Membership of the Authority Selection Committee
- 27K Appointment of members of the Authority Selection Committee
- 27L Period of appointment for members of the Authority Selection Committee
- 27M Acting Presiding Member of the Authority Selection Committee
Division 4--Terms and conditions for members of the Authority Selection Committee
- 27N Remuneration
- 27P Disclosure of interests to the Minister
- 27Q Disclosure of interests to the Authority Selection Committee
- 27R Outside employment
- 27S Leave of absence
- 27T Resignation
- 27U Termination of appointment
- 27V Other terms and conditions
Division 5--Decision-making by the Authority Selection Committee
- 27W Holding of meetings
- 27X Presiding at meetings
- 27Y Quorum
- 27Z Voting at meetings etc.
- 27ZA Conduct of meetings
- 27ZB Minutes
Division 6--Other matters
- 27ZC Staff and consultants
- 27ZE Definitions
PART IVB--ANNUAL--GENERAL MEETING OFTHE GRAPE INDUSTRY AND THE WINE INDUSTRY
- 29U Interpretation
- 29V List of producers
- 29W Authority to convene annual general meeting
- 29X Purpose of annual general meeting
- 29Y Conduct of annual general meeting
PART V--STAFFAND--CONSULTANTS
- 30 Employees
- 30A Consultants
PART V--A--OPERATION OFAUTHORITY
Division 1--Corporate plans
- 31 Corporate plans--5 - year periods
- 31A Corporate plan--initial period
Division 2--Annual operational plans
- 31F Authority to develop annual operational plans
Division 3--Directions
- 31K Directions to Authority and Geographical Indications Committee
PART V--I--FINANCE
- 32 Payments to the Authority
- 32A Limit on Commonwealth's matching payments
- 32B Retention limit for Commonwealth's matching payments
- 33 Payments by the Authority to Commonwealth
- 34 Borrowing
- 34A Authority may give security
- 34B Borrowings not otherwise permitted
- 35 Application of money of the Authority
- 36 Commonwealth to be paid levy expenses etc.
- 38 Annual report
- 38A Accountability to representative organisations
- 39 Liability to taxation
PART V--IA--LABEL INTEGRITY PROGRAM
Division 1--Preliminary
- 39A Object of Part
- 39B Operation of Part
- 39C Persons to whom this Part applies
Division 2--Records relating to label claims
- 39F Obligation to keep records
- 39G When certain details are not required to be kept
- 39H Details required under section 39F
- 39J Offences relating to record - keeping requirements
- 39K Offences relating to requirement to provide and keep a copy of a record in relation to the supply of wine goods
- 39L Time for bringing prosecutions
- 39M Single wines and blends etc.
- 39ZAA Authority may require records
- 39ZAB Failure to comply with section 39ZAA notice
- 39ZAC Authority may retain records
Division 3--Inspection
- 39ZA Appointment of inspectors
- 39ZB Identity cards
- 39ZC Monitoring powers of inspectors--exercised with consent
- 39ZD Monitoring warrants
- 39ZE Offence powers of inspectors--exercised with consent
- 39ZF Offence related warrants
- 39ZG Discovery of evidence
- 39ZH Power to require persons to answer questions and produce documents
- 39ZI Search warrants by telephone and other electronic means
- 39ZIA Offences relating to warrants by telephone and other electronic means
Division 4--Use of records and results of inspection
- 39ZJ Authority to assist enforcement of laws on description of wine
- 39ZK Proceedings not to lie against Authority etc.
- 39ZL Authority may assist in relation to levy
PART V--IB--PROTECTION OF GEOGRAPHICAL INDICATIONS AND OTHER TERMS
Division 1--Preliminary
- 40 Interpretation
- 40A Object of Part
- 40B Additional operation of Part
Division 2--Provisions relating to sale, export or import of wine
Subdivision A--Sale, export or import of wine with a false description and presentation
- 40C Offence--sale, export or import of wine with a false description and presentation
- 40D False descriptions and presentations
- 40DA Circumstances in which description and presentation is not false--general
- 40DB Circumstances in which description and presentation is not false--inclusion of registered traditional expressions
Subdivision B--Sale, export or import of wine with a misleading description and presentation
- 40E Sale, export or import of wine with a misleading description and presentation
- 40F Misleading descriptions and presentations
- 40FA Circumstances in which description and presentation is not misleading--general
- 40FB Circumstances in which description and presentation is not misleading--inclusion of registered traditional expressions
Subdivision C--Other provisions relating to sale, export or import of wine
- 40G Sale, export or import of wine in contravention of registered conditions of use
- 40J Exception for certain wines
- 40K Prosecution of offences
- 40M Application of national food standards to wines imported from foreign countries
Division 3--Establishment, function and powers of Geographical Indications Committee
- 40N Establishment of Committee
- 40P Function and powers of Committee
Division 4--Australian geographical indications
Subdivision A--What thisDivisionis about
- 40PA What this Division is about
Subdivision B--Powers of Committee to determine geographical indications
- 40Q Power of Committee to determine geographical indications
- 40QA Committee must await decisions under Subdivision D
Subdivision C--Applications for determinations of geographical indications
- 40R Applications for determinations
Subdivision D--Objections to determination of geographical indications based on pre-existing trade mark rights
- 40RA Notice to be given of proposed geographical indication
- 40RB Grounds of objection to the determination of a geographical indication
- 40RC Consideration of objections
- 40RD Notice to be given of decision
- 40RE Decision that ground of objection no longer exists
- 40RF Appeals
- 40RG Decisions made under this Division not to affect rights under Trade Marks Act
Subdivision E--Determinations of geographical indications
- 40SA When may a determination be made under this Subdivision?
- 40S Consultation by the Committee
- 40T Making of determinations
- 40U Interim determination
- 40V Publication of notice of interim determination
- 40W Final determination
- 40X Publication of notice of final determination
- 40Y Review of final determination
- 40Z Date of effect of final determination
Division 4A--Omission of Australian registered geographical indications
Subdivision A--What thisDivisionis about
- 40ZAA What this Division is about
Subdivision B--Omission of Australian GIs for non-use
- 40ZAB Power of Committee to determine that an Australian GI should be omitted from the Register
- 40ZAC Application
- 40ZAD Further information concerning an application
- 40ZAE Notice by Committee
- 40ZAF Determination by Committee
- 40ZAG Notice of determination
- 40ZAH AAT review of a determination
- 40ZAI Date of effect of determination to omit GI
Subdivision C--Omission of Australian GIs because no longer required
- 40ZAJ Application
- 40ZAK Further information concerning an application
- 40ZAL Notice by Committee
- 40ZAM Meaning of interested person
- 40ZAN Determination by Committee
- 40ZAO Notice of determination
- 40ZAP Date of effect of determination to omit Australian GI
Division 4B--Foreign geographical indications and translations
- 40ZAQ Determination of foreign geographical indications and translations
- 40ZAR Appeals against decisions of Registrar of Trade Marks
- 40ZAS Decisions not to affect rights under Trade Marks Act
- 40ZAT Determinations for the omission from the Register of foreign geographical indications and translations
Division 5--Register of Protected Geographical Indications and Other Terms
- 40ZA Registrar
- 40ZB Functions of Registrar
- 40ZC Register of Protected Geographical Indications and Other Terms
- 40ZD Contents of Register
- 40ZE Inspection of Register
Division 6--Inspection
PART V--II--MISCELLANEOUS
- 41A Remuneration and allowances of members of Geographical Indications Committee etc.
- 42 Delegation by Minister
- 43 Delegation by Authority
- 44 Offences in relation to export of grape products
- 44AA Time for bringing prosecutions
- 44AB Injunctions
- 44A Conduct by directors, employees or agents
- 45 Operation of certain laws not restricted
- 45A Label Directory
- 46 Regulations