Commonwealth Consolidated Regulations

WINE AUSTRALIA CORPORATION REGULATIONS 1981

- made under the Wine Australia Corporation Act 1980

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Regulations [see Note 1]  
   2.      Repeal of the Wine Overseas Marketing (Licences) Regulations  
   3.      Interpretation  
   4.      Grape products  

   PART 2--GENERAL EXPORT CONTROLS

   5.      Grant of licences  
   6.      Conditions of export -- general  
   6A.     Conditions of export -- food standards  
   6B.     Conditions of export -- labelling of grape products other than wine, brandy or grape spirit  
   7.      Export certificates  
   8.      Powers of Corporation  
   9.      Suspension and cancellation of licences  
   10.     Application for review of decision  
   11.     Corporation may require information  

   PART 2A--LABEL INTEGRITY PROGRAM

   11A.    Prescribed geographical indication  

   PART 3--EXEMPTION OF WINES FROM OFFENCE PROVISIONS

   12.     Small quantities of wine  
   13.     Geographical indications and traditional expressions  
   14.     Vine varieties: Hermitage  
   15.     Vine varieties: Lambrusco  
   16.     Variety names that are also geographical indications  
   17.     Marketing periods for use of geographical indications, registered traditional expressions and registered additional terms  
   17A.    Use of trade mark in description of wine  

   PART 4--DESCRIPTION AND PRESENTATION OF WINE

   18.     Interpretation  
   19.     Wine originating in more than one country  
   20.     Grape varieties  
   21.     Use of geographical indications registered in relation to Australia  
   22.     Vintages  

   PART 4A--APPLICATIONS FOR DETERMINATION OF AUSTRALIAN GIS

   22A.    Payment of application fee  

   PART 5--CRITERIA FOR DETERMINING AUSTRALIAN GIS

   23.     Determining geographical indications  
   24.     Interpretation  
   25.     Criteria for determining geographical indications  

   PART 6--OBJECTION TO DETERMINATION OF AUSTRALIAN GI BASED ON PRE-EXISTING TRADE MARK RIGHTS

           Division 1--General

   28.     Definition for Part 6  
   29.     Parties to send copies of evidence to each other  
   30.     Costs  
   31.     How fees are to be paid (Act s 40RC and s 40RE)  

           Division 2--Consideration of objections

   33.     Application of Division 2 (Act s 40RC)  
   34.     Definition for Division 2  
   36.     Evidence  
   37.     Evidence in answer  
   38.     Request for hearing  
   39.     New evidence  
   40.     Decision by Registrar  
   41.     No decision if trade mark subject to removal or cancellation proceedings  
   42.     Withdrawal of objection  
   43.     Fees  

           Division 3--Application for decision that ground of objection no longer exists

   44.     Application of Division 3 (Act s 40RE)  
   45.     Definition for Division 3  
   46.     Notice of application  
   47.     Evidence  
   49.     Evidence in answer  
   50.     Request for hearing  
   51.     New evidence  
   52.     Decision by Registrar  
   53.     Withdrawal of application  
   54.     Notice of decision  
   55.     Fees for claim that ground of objection no longer exists (Act s 40RE)  

   PART 6A--DETERMINATION OF FOREIGN GIS AND TRANSLATIONS OF FOREIGN GIS

           Division 1--Applications for determinations

   56.     Applications for determinations  

           Division 2--Objections based on pre-existing trade mark rights

   57.     Notice to be given of proposed foreign GI or translation of foreign GI  
   58.     Grounds of objection to determination of foreign GI or translation of foreign GI  

           Division 3--Consideration of objections

   59.     Application of Division 3  
   60.     Definition for Division 3  
   61.     Notice of objection  
   62.     Evidence  
   63.     Evidence in answer  
   64.     Request for hearing  
   65.     New evidence  
   66.     Parties to send copies of evidence to each other  
   67.     Decision by Registrar of Trade Marks  
   68.     Recommendation by Registrar of Trade Marks to determine foreign GI or translation of foreign GI despite objection being made out  
   69.     Notice of decision  
   70.     Fees for Division 3 proceedings  
   71.     Costs  

           Division 4--Decision that ground of objection no longer exists

   72.     Definition for Division 4  
   73.     Application for decision  
   74.     Notice of application  
   75.     Evidence  
   76.     Evidence in answer  
   77.     Request for hearing  
   78.     New evidence  
   79.     Parties to send copies of evidence to each other  
   80.     Decision by Registrar of Trade Marks  
   81.     Withdrawal of application  
   82.     Notice of decision  
   83.     Fees for Division 4 proceedings  
   84.     Costs  

           Division 5--Appeals

   85.     Decisions appellable to Federal Court  

           Division 6--Determinations of foreign GIs and translations of foreign GIs by Geographical Indications Committee

   86.     When Geographical Indications Committee may proceed to make a determination  
   87.     Consultation by Committee  
   88.     Determining foreign GIs  
   89.     Determining translations  
   90.     Interim determination  
   91.     Publication of notice of interim determination  
   92.     Final determination  
   93.     Publication of notice of final determination  
   94.     Review of final determination  
   95.     Date of effect of final determination  

           Division 7--Omission of foreign GIs and translations of foreign GIs

              Subdivision 1--Omission for non-use or loss of significance

   96.     Definition for Subdivision 1  
   97.     Application for omission of foreign GI or translation of foreign GI  
   98.     Further information concerning application  
   99.     Notice by Committee  
   100.    Determination by Committee  
   101.    Notice of determination  
   102.    AAT review of a determination  
   103.    Date of effect of determination to omit item  

              Subdivision 2--Omission because not protected in country of origin and not used in Australia

   104.    Application for omission of foreign GI  
   105.    Further information concerning application  
   106.    Notice by Committee  
   107.    Determination by Committee  
   108.    Notice of determination  
   109.    Date of effect of determination to omit foreign GI  

   PART 7--MISCELLANEOUS

   110.    Registration not intended to create or affect trade mark rights  
   111.    Delegation  
           SCHEDULE 2 Varieties
           SCHEDULE 3 Trade Marks