Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of subsection 40J (5) of the Act, the use of a registered geographical indication, a registered traditional expression or a protected ancillary expression to describe and present wine is exempted from the operation of the offence provisions within the meaning of subsection 40J (1) of the Act if:
(a) the offence provisions apply to the use of the indication or expression after the day on which this regulation commences; and
(b) the wine was lawfully produced before the day on which the offence provisions first apply to the use of the indication or expression; and
(c) the indication or expression is used by:
(i) a wholesaler of wine acting in the course of the wholesaler’s business; or
(ii) a retailer of wine in the course of the retailer’s business.
(2) The exemption in subregulation (1) ceases to apply to the use of the indication or expression by a wholesaler at the end of the period of 3 years commencing on the day on which the offence provisions first apply to the use of the indication or expression.
(3) The exemption in subregulation (1) ceases to apply to the use of the indication or expression by a retailer:
(a) at the end of the period of 3 years commencing on the day on which the offence provisions first apply to the use of the indication or expression; or
(b) if the retailer has a stock of the wine at the end of that period — when that stock is exhausted.
(4) However, the exemption in subregulation (1) ceases to apply to the use of the name ‘Riesling’ permitted under the repealed regulations:
(a) for a wholesaler — at the end of 30 June 2001; or
(b) for a retailer:
(i) at the end of 30 June 2001; or
(ii ) if the retailer has a stock of the wine at the end of that day — when the stock is exhausted.
(5) In subregulation (4):
"the repealed regulations" means regulation 16 and subregulations 19 (3) and 20 (7) of the Australian Wine and Brandy Corporations Regulations as in force immediately before 1 January 2001.