Commonwealth Consolidated Regulations

AUSTRALIAN WINE AND BRANDY CORPORATION REGULATIONS 1981 - REG 25

                For the purposes of subsection 40T (2) of the Act, the Committee is to have regard to the following criteria:

                (a)    whether the area falls within the definition of a subregion, a region, a zone or any other area;

               (b)    the history of the founding and development of the area, ascertained from local government records, newspaper archives, books, maps or other relevant material;

                (c)    the existence in relation to the area of natural features, including rivers, contour lines and other topographical features;

               (d)    the existence in relation to the area of constructed features, including roads, railways, towns and buildings;

                (e)    the boundary of the area suggested in the application to the Committee under section 40R;

                (f)    ordinance survey map grid references in relation to the area;

                (g)    local government boundary maps in relation to the area;

                (h)    the existence in relation to the area of a word or expression to indicate that area, including:

                          (i)    any history relating to the word or expression; and

                         (ii)    whether, and to what extent, the word or expression is known to wine retailers beyond the boundaries of the area; and

                         (iii)    whether, and to what extent, the word or expression has been traditionally used in the area or elsewhere; and

                        (iv)    the appropriateness of the word or expression;

                 (i)    the degree of discreteness and homogeneity of the proposed geographical indication in respect of the following attributes:

                          (i)    the geological formation of the area;

                         (ii)    the degree to which the climate of the area is uniform, having regard to the temperature, atmospheric pressure, humidity, rainfall, number of hours of sunshine and any other weather conditions experienced in the area throughout the year;

                         (iii)    whether the date on which harvesting a particular variety of wine grapes is expected to begin in the area is the same as the date on which harvesting grapes of the same variety is expected to begin in neighbouring areas;

                        (iv)    whether part or all of the area is within a natural drainage basin;

                         (v)    the availability of water from an irrigation scheme;

                        (vi)    the elevation of the area;

                        (vii)    any plans for the development of the area proposed by Commonwealth, State or municipal authorities;

                       (viii)    any relevant traditional divisions within the area;

                        (ix)    the history of grape and wine production in the area.

Note    In determining a geographical indication under subsection 40Q (1) of the Act, the Committee is not prohibited under the Act from having regard to any other relevant matters.