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Queensland
WINE INDUSTRY
AMENDMENT BILL 2000
Queensland
WINE INDUSTRY AMENDMENT BILL
2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF WINE INDUSTRY ACT 1994
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Objectives and their achievement) . . . . . . . . . . . . . . . . 4
5 Replacement of s 6 (Requirement to be licensed under this Act
or the Liquor Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Requirement to be licensed under this Act or Liquor Act . . . . . . . . 5
Division 1A--Applying for licence and other matters
6 Amendment of s 7 (Form of application etc.) . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Replacement of pt 2, div 2 hdg and s 8 (Application for licence) . . . . . . . 7
8 Amendment of s 9 (Decision on application) . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 11 (Grant of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Replacement of s 13 (Application for nominee for new licence or
existing licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Application for nominee for new licence or existing licence . . . . . 8
11 Amendment of s 14 (Nominees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Amendment of s 15 (Licence authorises sale of wine from
licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Replacement of ss 16 and 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Authority under wine merchant licence . . . . . . . . . . . . . . . . . . . . . . . 11
17 Labelling of sealed container . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Wine Industry Amendment
14 Replacement of s 18 (Ordinary trading hours) . . . . . . . . . . . . . . . . . . . . . . . 12
18 Ordinary trading hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Amendment of s 20 (Additional time for consumption of wine) . . . . . . . . . 13
16 Amendment of s 27 (Grounds for variation, suspension or cancellation) . . 13
17 Insertion of new s 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
31A Definition for div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Amendment of s 32 (Permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Amendment of s 34 (Breach of conditions of licence or permit) . . . . . . . . 14
20 Replacement of s 44 (Authorised person to be in control of
premises and places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
44 Licensee not to be absent for more than 28 days without
approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Amendment of s 47 (Notice to be given of change of business name) . . . . 15
22 Amendment of s 49 (Investigators under Liquor Act may exercise
their powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Replacement of s 63 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
63 Transitional provision for licences existing before Wine
Industry Amendment Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
64 Transitional provision for applications for licences not
decided before commencement of Wine Industry Amendment Act
2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
24 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 3--AMENDMENT OF LIQUOR ACT 1992
25 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Amendment of s 84 (Restriction on sale of liquor under
producer/wholesaler licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 20
MINOR AMENDMENTS OF WINE INDUSTRY ACT 1994
2000
A BILL
FOR
An Act to amend the Wine Industry Act 1994, and for other purposes
s1 4 s4
Wine Industry Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Wine Industry Amendment Act 2000. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
ART 2--AMENDMENT OF WINE INDUSTRY ACT 7
P
1994 8
amended in pt 2 and schedule 9
Act
Clause 3. This part and the schedule amend the Wine Industry Act 1994. 10
of s 3 (Objectives and their achievement) 11
Amendment
Clause 4.(1) Section 3(1)(b) and (c)-- 12
omit, insert-- 13
`(b) to foster further investment in, and growth of, the Queensland 14
wine industry; and 15
(c) to help the Queensland wine industry to develop further its 16
tourism potential; and 17
(d) to establish a system under which the integrity of the Queensland 18
wine industry is ensured; and 19
(e) to regulate the Queensland wine industry in a way that is 20
compatible with minimising harm arising from the misuse of 21
s5 5 s5
Wine Industry Amendment
liquor and the aims of the National Health Policy on Alcohol 1
adopted by the Ministerial Council on Drug Strategy and 2
published by the Commonwealth.1'. 3
(2) Section 3(2)-- 4
omit, insert-- 5
`(2) The objectives are to be achieved mainly by licensing, under this Act, 6
persons so that they can sell wine.'. 7
of s 6 (Requirement to be licensed under this Act or the 8
Replacement
Liquor Act) 9
Clause 5. Section 6-- 10
omit, insert-- 11
to be licensed under this Act or Liquor Act 12
`Requirement
`6.(1) Before a person may lawfully sell wine, the person must be 13
licensed under this Act or be authorised to sell wine under the Liquor Act. 14
`(2) A person may obtain a wine producer licence to sell wine under this 15
Act if the business the person will conduct under the licence will involve-- 16
(a) selling wine made from fruit grown by the person on the 17
premises to which the licence will relate; or 18
(b) selling wine made by the person on the premises to which the 19
licence will relate. 20
`(3) A person may obtain a wine merchant licence to sell wine under this 21
Act if the business the person will conduct under the licence is not a 22
business mentioned in subsection (2) but is a business that will otherwise 23
contribute to the Queensland wine industry in a substantial way. 24
`(4) Without limiting subsection (3), a person's business will contribute, 25
or does contribute, to the Queensland wine industry in a substantial way if 26
the person-- 27
(a) buys fruit grown in the State-- 28
(i) to make wine in the State; or 29
1 The policy is available from the department.
s6 6 s6
Wine Industry Amendment
(ii) to have wine made, under the person's direction, on the 1
premises of another winemaker in the State; or 2
(b) grows fruit, in the State, that will later be used to make wine but 3
until that time buys fruit to make wine; or 4
(c) blends, in the State, different wines to create a unique wine. 5
`(5) A person's business will not contribute, or does not contribute, to the 6
Queensland wine industry in a substantial way merely because the person-- 7
(a) buys bulk wine from outside the State and bottles it in the State; 8
or 9
(b) sells only wine made and bottled by other persons. 10
`(6) This part sets out provisions about the following-- 11
(a) applying for a licence and other matters under this part; 12
(b) decision on an application; 13
(c) granting a licence; 14
(d) nominees; 15
(e) the authority under a licence; 16
(f) trading hours; 17
(g) transferring a licence and an interim licence; 18
(h) advertising; 19
(i) varying, cancelling, suspending and surrendering a licence; 20
(j) permits for promoting a winery or region. 21
`Division 1A--Applying for licence and other matters'. 22
of s 7 (Form of application etc.) 23
Amendment
Clause 6.(1) Section 7, heading-- 24
omit, insert-- 25
s7 7 s9
Wine Industry Amendment
`Application for licence and other matters under this part'. 1
(2) Section 7(1)-- 2
insert-- 3
`(aa) be made to the chief executive and'. 4
(3) Section 7(1)(b) and (c), `the regulations'-- 5
omit, insert-- 6
`a regulation'. 7
of pt 2, div 2 hdg and s 8 (Application for licence) 8
Replacement
Clause 7. Part 2, division 2, heading and section 8-- 9
omit, insert-- 10
`Division 2--Decision on application'. 11
of s 9 (Decision on application) 12
Amendment
Clause 8. Section 9-- 13
insert-- 14
`(4) A wine merchant licence must relate only to 1 premises.'. 15
of s 11 (Grant of licence) 16
Amendment
Clause 9.(1) Section 11(1)(a)-- 17
omit, insert-- 18
`(a) for a wine producer licence--the business the person will conduct 19
under the licence will involve-- 20
(i) selling wine made from fruit grown by the person on the 21
premises to which the licence will relate; or 22
(ii) selling wine made by the person on the premises to which 23
the licence will relate; and 24
(ab) for a wine merchant licence--the business the person will conduct 25
under the licence is not a business mentioned in paragraph (a) but 26
s 10 8 s 10
Wine Industry Amendment
is a business that will contribute to the Queensland wine industry 1
in a substantial way; and'. 2
(2) Section 11(3)-- 3
omit, insert-- 4
`(3) A licence must state-- 5
(a) for a wine producer licence--the premises that are to be the main 6
premises under the licence; and 7
(b) for a wine merchant licence--the premises under the licence. 8
`(4) However, the chief executive must not grant a person's application 9
for a licence until the business that the person is to conduct under the licence 10
is to include the sale of wine.'. 11
of s 13 (Application for nominee for new licence or 12
Replacement
existing licence) 13
Clause 10. Section 13-- 14
omit, insert-- 15
for nominee for new licence or existing licence 16
`Application
`13.(1) The purpose of this section is to ensure there is an adult 17
responsible for each licence and, if a licence relates to more than 1 place that 18
comprise premises, a responsible individual for each premises to which the 19
licence applies. 20
`(2) An applicant for a licence must nominate an adult to be a nominee 21
for the licence if-- 22
(a) the applicant is a corporation, already a licensee, or is comprised 23
of more than 1 person whether jointly or in partnership; or 24
(b) the application seeks an approval under section 15(3) to sell wine 25
on premises (the "other premises") other than the main 26
premises. 27
`(3) An applicant for a licence, other than an applicant mentioned in 28
subsection (2), may also nominate an adult to be the nominee for the 29
licence. 30
`(4) Subsection (5) applies if-- 31
s 11 9 s 11
Wine Industry Amendment
(a) a nominee is required under subsection (2); and 1
(b) after the licence is granted, a nominee ceases to perform the role 2
of a nominee; and 3
(c) there is no other nominee relating to the premises. 4
`(5) The licensee must apply to nominate another adult as the nominee 5
for the licence relating to the premises. 6
`(6) Subsections (7) and (8) apply at any time after a licence is granted. 7
`(7) The licensee must nominate an adult to be a nominee for the licence 8
if the licensee applies for-- 9
(a) an approval under section 15(3) to sell wine on other premises; or 10
(b) an approval under section 44(2) to be absent from the 11
management and control of the business for a continuous period 12
of more than 28 days and there is no other nominee for the 13
licence. 14
`(8) A licensee may apply-- 15
(a) for an adult to be the nominee for the licence relating to premises; 16
or 17
(b) for an additional nominee relating to premises if it is a wine 18
producer licence. 19
`(9) If a licence states a person is a nominee for a licence relating to other 20
premises but not the main premises, the nominee is the nominee for the 21
licence relating to the other premises stated in the licence. 22
`(10) An adult may be nominated-- 23
(a) as a nominee for a licence relating to more than 1 premises; and 24
(b) as a nominee for more than 1 licence.'. 25
of s 14 (Nominees) 26
Amendment
Clause 11.(1) Section 14(1)-- 27
omit, insert-- 28
`14.(1) The chief executive may approve an application under section 13 29
only if-- 30
s 12 10 s 12
Wine Industry Amendment
(a) for a wine producer licence--the nominated person is a suitable 1
person to be a nominee; and 2
(b) for a wine merchant licence--the nominated person is a suitable 3
person to be a nominee and there will not be more than 1 nominee 4
for the licence.'. 5
(2) Section 14(3)(a), `the licensee's'-- 6
omit. 7
of s 15 (Licence authorises sale of wine from licensed 8
Amendment
premises) 9
Clause 12.(1) Section 15, heading-- 10
omit, insert-- 11
`Authority under wine producer licence'. 12
(2) Section 15(1), `A licence'-- 13
omit, insert-- 14
`A wine producer licence'. 15
(3) Section 15(1), before `licensed premises'-- 16
insert-- 17
`the'. 18
(4) Section 15(2), from `in sealed containers'-- 19
omit, insert-- 20
`, other than as a sample, for consumption on the licensed premises.'. 21
(5) Section 15(3), after `sell'-- 22
insert-- 23
`or give'. 24
(6) Section 15(3)(a) and (b)-- 25
omit, insert 26
`(a) as a sample for consumption on the premises; or 27
(b) other than as a sample, for consumption on the premises; or 28
s 13 11 s 13
Wine Industry Amendment
(c) for consumption off the premises.'. 1
(7) Section 15-- 2
insert-- 3
`(3A) The chief executive may allow the licensee, as a condition of the 4
licence, to sell wine, other than the licensee's wine-- 5
(a) for consumption on the licensed premises; and 6
(b) for consumption off the licensed premises but only if the sale is in 7
the amounts, and in the circumstances, prescribed under a 8
regulation. 9
`(3B) However, the total amount of wine sold by a licensee under 10
subsection (3A) in a financial year must not be more than the total amount 11
of the licensee's wine sold by the licensee in the year.'. 12
(8) Section 15(4)(b)-- 13
omit, insert-- 14
`(b) under subsection (3)--the chief executive must have regard to-- 15
(i) the location of the other premises in relation to the main 16
premises; and 17
(ii) the ability of the licensee to control the other premises.'. 18
of ss 16 and 17 19
Replacement
Clause 13. Sections 16 and 17-- 20
omit, insert-- 21
under wine merchant licence 22
`Authority
`16.(1) A wine merchant licence authorises the licensee-- 23
(a) to sell wine on the licensed premises in sealed containers for 24
consumption off the licensed premises; and 25
(b) to sell or give wine on the licensed premises as a sample for 26
consumption on the licensed premises. 27
`(2) The chief executive may allow the licensee, as a condition of the 28
licence, to sell wine on the licensed premises, other than as a sample, for 29
s 14 12 s 14
Wine Industry Amendment
consumption on the licensed premises. 1
`(3) In deciding whether to allow the licensee to sell wine under 2
subsection (2), the chief executive must have regard to the suitability of the 3
licensed premises for the purpose. 4
of sealed container 5
`Labelling
`17. If a licensee sells wine in a sealed container, the licensee must ensure 6
the container has a label stating the matters required under a regulation. 7
Maximum penalty--40 penalty units.'. 8
of s 18 (Ordinary trading hours) 9
Replacement
Clause 14. Section 18-- 10
omit, insert-- 11
trading hours 12
`Ordinary
`18.(1) A wine producer licence authorises the licensee to sell wine-- 13
(a) on the main premises-- 14
(i) for any day other than Christmas Day, Good Friday and 15
Anzac Day--between 8.00 a.m. and midnight on the day; 16
and 17
(ii) for Anzac Day--between 1.00 p.m. and midnight on Anzac 18
Day; and 19
(b) if the licence allows the licensee to sell wine on premises other 20
than the main premises--on the other premises-- 21
(i) for any day other than Christmas Day, Good Friday and 22
Anzac Day--between 10.00 a.m. and midnight on the day; 23
and 24
(ii) for Anzac Day--between 1.00 p.m. and midnight on Anzac 25
Day. 26
`(2) A wine merchant licence authorises the licensee to sell wine on the 27
licensed premises-- 28
(a) for any day other than Christmas Day, Good Friday and Anzac 29
s 15 13 s 16
Wine Industry Amendment
Day--between 10.00 a.m. and midnight on the day; and 1
(b) for Anzac Day--between 1.00 p.m. and midnight on Anzac Day. 2
`(3) A licensee may sell wine on the licensed premises on Christmas Day 3
or Good Friday, or before 1.00 p.m. on Anzac Day, only if authorised 4
under section 19.'. 5
of s 20 (Additional time for consumption of wine) 6
Amendment
Clause 15.(1) Section 20, `sell the licensee's wine for consumption on'-- 7
omit, insert-- 8
`sell wine for consumption on the'. 9
(2) Section 20, `consume the licensee's wine'-- 10
omit, insert-- 11
`consume the wine'. 12
of s 27 (Grounds for variation, suspension or 13
Amendment
cancellation) 14
Clause 16.(1) Section 27(1)(b) and (c), after `licensee'-- 15
insert-- 16
`or a nominee'. 17
(2) Section 27(1)(e)-- 18
omit, insert-- 19
`(e) the licensee has ceased to conduct the business of selling wine;2 20
(f) for a wine merchant licence--the licensee is not conducting, or no 21
longer conducts, a business that contributes to the Queensland 22
wine industry in a substantial way.'. 23
2 However, apart from this division a licence is suspended, and may be cancelled,
under section 54 (Suspension and cancellation for failure to pay the fee) because
fees are not paid when payable.
s 17 14 s 19
Wine Industry Amendment
of new s 31A 1
Insertion
Clause 17. Part 2, division 10-- 2
insert-- 3
for div 10 4
`Definition
`31A. In this division 5
"licensee" means a person who holds a wine producer licence.'. 6
of s 32 (Permits) 7
Amendment
Clause 18.(1) Section 32, heading-- 8
omit, insert-- 9
`Permits to promote particular wineries or regions'. 10
(2) Section 32(2)-- 11
omit, insert-- 12
`(2) The chief executive may grant a permit only if the chief executive-- 13
(a) is satisfied the purpose of the permit is to promote a particular 14
winery or region; and 15
(b) reasonably considers it is more appropriate for wine to be sold 16
under a permit instead of a licence because the purpose of the 17
permit is to sell the licensee's wine at a single event.'. 18
of s 34 (Breach of conditions of licence or permit) 19
Amendment
Clause 19.(1) Section 34(2)-- 20
renumber as section 34(3). 21
(2) Section 34(1)-- 22
omit, insert-- 23
`34.(1) A licensee must not sell wine unless the sale is authorised under 24
this Act. 25
Maximum penalty--350 penalty units. 26
`(2) However, a person does not commit an offence against 27
s 20 15 s 21
Wine Industry Amendment
subsection (1) if the person-- 1
(a) holds a licence or permit under the Liquor Act 1992 to sell wine; 2
and 3
(b) sells the wine under the authority of the licence or permit.'. 4
of s 44 (Authorised person to be in control of premises 5
Replacement
and places) 6
Clause 20. Section 44-- 7
omit, insert-- 8
not to be absent for more than 28 days without approval 9
`Licensee
`44.(1) A licensee must not leave the licensed premises or a permit place 10
in the control of another person unless the person is an agent or employee of 11
the licensee. 12
Maximum penalty--100 penalty units. 13
`(2) A licensee must not, without the chief executive's approval, be 14
absent from the management and control of the business conducted under 15
the licence for a continuous period of more than 28 days. 16
Maximum penalty--100 penalty units. 17
`(3) In deciding whether to grant an approval under subsection (2), the 18
chief executive must have regard to the arrangements for a nominee for the 19
licence to manage and control the business conducted under the licence 20
during the licensee's absence.'. 21
of s 47 (Notice to be given of change of business name) 22
Amendment
Clause 21.(1) Section 47, heading-- 23
omit, insert-- 24
`Business names and related matters'. 25
(2) Section 47-- 26
insert-- 27
`(2) The holder of a wine merchant licence must not use the following 28
terms to describe the licensed premises or the business the licensee conducts 29
s 22 16 s 23
Wine Industry Amendment
under the licence, including, for example, on any signs, advertising or 1
promotional material-- 2
(a) vineyard; 3
(b) winery; 4
(c) cellar door; 5
(d) another term prescribed under a regulation. 6
Maximum penalty--25 penalty units. 7
`(3) Subsection (2) applies despite the Business Names Act 1962.'. 8
of s 49 (Investigators under Liquor Act may exercise 9
Amendment
their powers) 10
Clause 22. Section 49(2), `sections 175 and 18714'-- 11
omit, insert-- 12
`section 1753'. 13
of s 63 (Definitions) 14
Replacement
Clause 23. Section 63-- 15
omit, insert-- 16
provision for licences existing before Wine Industry 17
`Transitional
Amendment Act 2000 18
`63.(1) This section applies to a person who, immediately before the 19
commencement of this section-- 20
(a) held a licence (an "existing licence") under this Act; or 21
(b) held a limited licence under the Liquor Act 1992 in conjunction 22
with a licence under this Act (the "joint licences"). 23
`(2) The chief executive must conduct a review of the person's existing 24
licence or joint licences. 25
`(3) If, after the person's existing licence or joint licences have been 26
3 Section 175 (Power to stop and search vehicles etc.)
s 23 17 s 23
Wine Industry Amendment
reviewed, the chief executive decides the person-- 1
(a) is a person who grows fruit on the licensed premises from which 2
wine is made or makes wine on the licensed premises, the chief 3
executive must cancel the person's existing licence or joint 4
licences and grant the person a wine producer licence; or 5
(b) is not a person mentioned in paragraph (a) but conducts a 6
business that contributes to the Queensland wine industry in a 7
substantial way, the chief executive must cancel the person's 8
existing licence or joint licences and grant the person a wine 9
merchant licence; or 10
(c) is not a person mentioned in paragraph (a) or (b), the chief 11
executive must cancel the person's existing licence or joint 12
licences and grant the person an appropriate licence under the 13
Liquor Act 1992. 14
`(4) Until the chief executive completes the review of the person's 15
existing licence or joint licences and grants the person a licence under 16
subsection (3), the person's licence under this Act is taken to be a wine 17
producer licence. 18
provision for applications for licences not decided before 19
`Transitional
commencement of Wine Industry Amendment Act 2000 20
`64.(1) This section applies to an application made, and not decided, 21
before the commencement of this section. 22
`(2) The application is taken to be an application for a wine producer 23
licence if the business the applicant will conduct under the licence will 24
involve-- 25
(a) selling wine made from fruit grown, on the premises to which the 26
licence will relate, by the applicant; or 27
(b) selling wine made, on the premises to which the licence will 28
relate, by the applicant. 29
`(3) The application is taken to be an application for a wine merchant 30
licence if the business the applicant will conduct under the licence is not a 31
business mentioned in subsection (2) but is a business that will contribute to 32
the Queensland wine industry in a substantial way. 33
s 24 18 s 24
Wine Industry Amendment
`(4) If the application is taken to be an application for a wine merchant 1
licence, the chief executive may, by written notice given to the applicant, 2
require the applicant, within a reasonable time of at least 14 days stated in 3
the notice, to pay the relevant fee for a wine merchant licence. 4
`(5) If the applicant does not pay the relevant fee by the day stated in the 5
notice, the application is taken to have lapsed. 6
`(6) In this section-- 7
"relevant fee", for a wine merchant licence, means the fee prescribed under 8
a regulation for an application for a wine merchant licence less the 9
amount of the fee that accompanied the application for the licence.'. 10
of sch 2 (Dictionary) 11
Amendment
Clause 24.(1) Schedule 2, definitions "blended wine", "licensed premises" and 12
"licensee's wine"-- 13
omit. 14
(2) Schedule 2-- 15
insert-- 16
` "licensed premises" means-- 17
(a) for a wine producer licence--the premises stated in the licence as 18
the main premises and other premises approved under 19
section 15(3)4 for the licence; or 20
(b) for a wine merchant licence--the premises to which the licence 21
relates. 22
"licensee's wine" means wine at least 85% of which is-- 23
(a) made from fruit grown on the licensed premises by the licensee; 24
or 25
(b) made on the licensed premises by the licensee. 26
"wine merchant licence" means a licence granted under section 9(1)5 that 27
states it is a wine merchant licence. 28
4 Section 15 (Authority under wine producer licence)
5 Section 9 (Decision on application)
s 25 19 s 26
Wine Industry Amendment
"wine producer licence" means a licence granted under section 9(1) that 1
states it is a wine producer licence.'. 2
(3) Schedule 2, definition "wine", examples, paragraph (e)-- 3
omit, insert-- 4
`(e) fortified fruit and vegetable wines.'. 5
ART 3--AMENDMENT OF LIQUOR ACT 1992 6
P
amended in pt 3 7
Act
Clause 25. This part amends the Liquor Act 1992. 8
of s 84 (Restriction on sale of liquor under 9
Amendment
producer/wholesaler licence) 10
Clause 26. Section 84(1)-- 11
insert-- 12
`(aa) a licensee under the Wine Industry Act 1994; or'. 13
20
Wine Industry Amendment
SCHEDULE 1
ˇ
INOR AMENDMENTS OF WINE INDUSTRY ACT 2
M
1994 3
section 3 4
1. Part 2, division 5, heading-- 5
omit, insert-- 6
`Division 5--Authority under licence'. 7
2. Section 19(1), from `to sell the licensee's wine' to `of the licencee's 8
wine'-- 9
omit, insert-- 10
`to sell wine on the licensed premises, including, for example, the sale of 11
the wine'. 12
3. Section 19(2), `the licensee's'-- 13
omit. 14
4. Section 25(1) and(2)(c), `the regulations'-- 15
omit, insert-- 16
`a regulation'. 17
5. Section 26(1), `the regulations'-- 18
omit, insert-- 19
`a regulation'. 20
21
Wine Industry Amendment
SCHEDULE (continued)
6. Section 30(2), `main licensed premises'-- 1
omit, insert-- 2
`main premises'. 3
7. Section 35, `the licensee's'-- 4
omit. 5
8. Section 36(1), penalty, paragraph (a), `the nominee'-- 6
omit, insert-- 7
`a nominee'. 8
9. Section 36(2)-- 9
omit. 10
10. Section 45(1), `main licensed premises'-- 11
omit, insert-- 12
`main premises'. 13
11. Section 50(1), `the regulations'-- 14
omit, insert-- 15
`a regulation'. 16
12. Section 50(2)(b)-- 17
omit, insert-- 18
`(b) keep the records on-- 19
(i) for a wine producer licence--the main premises; and 20
(ii) for a wine merchant licence--the licensed premises; and'. 21
22
Wine Industry Amendment
SCHEDULE (continued)
13. Section 50(2)(c), `wine'-- 1
omit, insert-- 2
`wine,'. 3
14. Section 51(1), `regulations'-- 4
omit, insert-- 5
`a regulation'. 6
15. Section 51(2), `the regulations'-- 7
omit, insert-- 8
`a regulation'. 9
16. Section 53(2), `the regulations'-- 10
omit, insert-- 11
`a regulation'. 12
17. Section 55(2), `the regulations'-- 13
omit, insert-- 14
`a regulation'. 15
18. Section 56(2), `The regulations'-- 16
omit, insert-- 17
`A regulation'. 18
19. Section 59(b), `the regulations'-- 19
omit, insert-- 20
`a regulation'. 21
23
Wine Industry Amendment
SCHEDULE (continued)
20. Section 61-- 1
omit. 2
3
© State of Queensland 2000
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