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AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT ACT (NO. 2) 1999 NO. 170, 1999 - SCHEDULE 7
- Australian Wine and Brandy Corporation Act 1980
1 Subsection 4(1) (at the end of the definition of wine )
Add ", and includes
a grape product declared by the regulations to be wine for the purposes of
this Act".
2 Paragraph 5D(a)
After "wine is made", insert "from grapes
grown".
3 Section 39C (at the end of the definition of examinable document )
Add:
; or (d) any other document that is relevant to monitoring or enforcing
compliance with a label law.
4 Section 39C (definition of wine )
Repeal the definition.
5 Section 39C
(definition of wine premises )
Repeal the definition, substitute: wine
premises means any premises, place or conveyance where it is reasonable to
assume that wine goods or examinable documents are or might be located.
6 Paragraph 39G(2)(c)
After "characteristics", insert "and other details".
7
Paragraph 39H(2)(c)
After "characteristics", insert "and other details".
8
Paragraph 39J(2)(c)
After "characteristics", insert "and other details".
9
Paragraph 39K(2)(c)
After "characteristics", insert "and other details".
10
Paragraph 39M(2)(e)
After "characteristics", insert "and other details".
11
Paragraph 39N(3)(c)
After "characteristics", insert "and other details".
12
Paragraph 39P(2)(c)
After "characteristics", insert "and other details".
13
Paragraph 39Q(2)(c)
After "characteristics", insert "and other details".
14
Paragraph 39R(3)(e)
After "characteristics", insert "and other details".
15
At the end of section 39W
Add:
- (2)
- Also, the record must show details of
every step the wine manufacturer who must make the record took, in
manufacturing the wine or extract, that changed or affected:
- (a)
- if the section requiring the record applies because of a claim about
vintage—the vintage of the wine or extract; or
- (b)
- if that section applies because of a claim about variety—the variety
of the wine or extract; or
- (c)
- if that section applies because of a claim about region of origin—the
geographical indication of the wine or extract; or
- (d)
- in any case—the tank or other place or thing in which the wine or
extract was stored; or
- (e)
- in any case—the volume of the wine or extract stored in any such
tank, place or thing.
- (3)
- The details required under subsection (2) in relation to a wine or extract
must be in a form that allows an audit trail containing its history of the
wine's manufacture to be readily traced from the record. It must be possible
for the details of the steps taken and the results of the steps to be readily
checked for discrepancies by following the sequence of the steps recorded.
16 Application of amendments
The amendments made by items 6 to 15 apply to
wines and grape extracts that are begun to be manufactured after the
commencement of this item.
17 At the end of section 39ZAAA
Add:
- (2)
- In
proceedings for an offence against this section, if the prosecution:
- (a)
- does not prove whether the wine concerned was a single wine or a blend;
but
- (b)
- does prove that, in either case, the defendant would have committed an
offence against this section;
the prosecution does not have to prove whether the wine was a single wine or a
blend in order to prove the offence.
18 Section 39ZK
Omit "section 39ZH", substitute "section 39ZJ".
19
Subsection 39ZL(2)
Omit "subsection (1)", substitute "subsection (1A)".
20
At the end of Part VIB
Add: Division 6—Inspection 40ZF Inspection
powers
The provisions of Part VIA relating to inspections, including Division 4 of
that Part, apply in relation to this Part in the same way as they apply in
relation to Part VIA, with the following modifications:
- (a)
- references in that Part to label laws are treated as references to the
requirements of this Part and of regulations made for the purposes of this
Part;
- (b)
- references in that Part to label offences are treated as references to
offences against this Part and against regulations made for the purposes of
this Part.
21 At the end of section 44
Add:
- (2)
- The provisions of Part VIA relating to
inspections, including Division 4 of that Part, apply in relation to this
section in the same way as they apply in relation to that Part, with the
following modifications:
- (a)
- references in that Part to label laws are treated as references to the
requirements of the regulations relating to the export of grape products from
Australia;
- (b)
- references in that Part to label offences are treated as references to
offences against this section.
[ Minister's second reading speech made in—
House of Representatives on
30 June 1999
Senate on 24 August 1999 ]
(151/99)