Commonwealth Consolidated Regulations

AUSTRALIAN WINE AND BRANDY CORPORATION REGULATIONS 1981 - REG 12

         (1)   For the purposes of the definition of small quantities in subsection 40J (1) of the Act, wine:

                (a)    that is contained in labelled containers, each of which:

                          (i)    has a capacity of not more than 5 litres; and

                         (ii)    is fitted with a non-reusable closing device; and

               (b)    that is exported, whether or not to 1 consignee:

                          (i)    by 1 exporter, or by 2 or more exporters that are taken to be 1 exporter; and

                         (ii)    on 1 ship or aircraft to a single port of discharge; and

                         (iii)    in a total quantity of no more than 100 litres;

is declared to be a small quantity of wine.

         (2)   For the purposes of the definition of small quantities in subsection 40J (1) of the Act, the following are declared to be small quantities of wine:

                (a)    a quantity of wine, not exceeding 30 litres, that is contained in the personal luggage of a traveller:

               (b)    a quantity of wine, not exceeding 30 litres, that is sent in a consignment by an individual to another individual;

                (c)    a quantity of wine for the household of an individual who is moving house;

               (d)    a quantity of wine:

                          (i)    that is intended to be displayed in Australia, or an agreement country, at a trade fair, or a comparable event, for the purposes of the customs laws of the relevant country; and

                         (ii)    that is packed in labelled containers of a capacity of not more than 2 litres and fitted with a non-reusable closing device;

                (e)    a quantity of wine, not exceeding 1 hectolitre, that is imported into Australia, or exported to an agreement country, for the purpose of scientific or technical purposes;

                (f)    a quantity of wine that is imported into Australia, or exported to an agreement country, by a diplomatic, consular or similar establishment as part of the duty-free allowance of the establishment;

                (g)    a quantity of wine that is held on board a means of international transport as victualling supplies.

         (3)   For subparagraph (1) (b) (i), 2 or more exporters are taken to be 1 exporter if the exporters are:

                (a)    related bodies corporate (within the meaning of the Corporations Act 2001 ); or

               (b)    individuals who are relatives; or

                (c)    individuals who are acting in concert with each other.