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WINE INDUSTRY AMENDMENT BILL 2001

      Queensland




  WINE INDUSTRY
AMENDMENT BILL 2001

 


 

 

Queensland WINE INDUSTRY AMENDMENT BILL 2001 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Replacement of s 18 (Ordinary trading hours) . . . . . . . . . . . . . . . . . . . . . . . 12

 


 

2 Wine Industry Amendment Bill 2001 18 Ordinary trading hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Amendment of s 20 (Additional time for consumption of wine) . . . . . . . . . 12 16 Amendment of s 27 (Grounds for variation, suspension or cancellation) ...................................... 13 17 Insertion of new s 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 31 Definition for div 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Amendment of s 32 (Permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 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) .............................................. 14 44 Licensee not to be absent for more than 28 days without approval .................................... 14 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) ................................................. 15 23 Replacement of s 63 (Definitions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 63 Transitional provision for licences existing before Wine Industry Amendment Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 64 Transitional provision for applications for licences not decided before commencement of Wine Industry Amendment Act 2001. . . . 17 24 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 3--AMENDMENT OF LIQUOR ACT 1992 25 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 26 Amendment of s 84 (Restriction on sale of liquor under producer/ wholesaler licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 20 MINOR AMENDMENTS OF WINE INDUSTRY ACT 1994

 


 

2001 A BILL FOR An Act to amend the Wine Industry Act 1994, and for other purposes

 


 

s1 4 s4 Wine Industry Amendment Bill 2001 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Wine Industry Amendment Act 2001. 4 2 Commencement Clause 5 This Act commences on a day to be fixed by proclamation. 6 PART 2--AMENDMENT OF WINE INDUSTRY ACT 1994 7 3 Act amended in pt 2 and schedule Clause 8 This part and the schedule amend the Wine Industry Act 1994. 9 4 Amendment of s 3 (Objectives and their achievement) Clause 10 (1) Section 3(1)(b) and (c)-- 11 omit, insert-- 12 `(b) to foster further investment in, and growth of, the Queensland 13 wine industry; and 14 (c) to help the Queensland wine industry to develop further its 15 tourism potential; and 16 (d) to establish a system under which the integrity of the Queensland 17 wine industry is ensured; and 18

 


 

s5 5 s5 Wine Industry Amendment Bill 2001 (e) to regulate the Queensland wine industry in a way that is 1 compatible with minimising harm arising from the misuse of 2 liquor and the aims of the National Health Policy on Alcohol 3 adopted by the Ministerial Council on Drug Strategy and 4 published by the Commonwealth.1'. 5 (2) Section 3(2)-- 6 omit, insert-- 7 `(2) The objectives are to be achieved mainly by licensing, under this 8 Act, persons so that they can sell wine.'. 9 5 Replacement of s 6 (Requirement to be licensed under this Act or Clause 10 the Liquor Act) 11 Section 6-- 12 omit, insert-- 13 `6 Requirement to be licensed under this Act or Liquor Act 14 `(1) Before a person may lawfully sell wine, the person must be licensed 15 under this Act or be authorised to sell wine under the Liquor Act. 16 `(2) A person may obtain a wine producer licence to sell wine under this 17 Act if the business the person will conduct under the licence will involve-- 18 (a) selling wine made from fruit grown by the person on the 19 premises to which the licence will relate; or 20 (b) selling wine made by the person on the premises to which the 21 licence will relate. 22 `(3) A person may obtain a wine merchant licence to sell wine under this 23 Act if the business the person will conduct under the licence is not a 24 business mentioned in subsection (2) but is a business that will otherwise 25 contribute to the Queensland wine industry in a substantial way. 26 `(4) Without limiting subsection (3), a person's business will contribute, 27 or does contribute, to the Queensland wine industry in a substantial way if 28 the person-- 29 (a) buys fruit grown in the State-- 30 (i) to make wine in the State; or 31 1 The policy is available from the department.

 


 

s6 6 s6 Wine Industry Amendment Bill 2001 (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 7 person-- 8 (a) buys bulk wine from outside the State and bottles it in the State; 9 or 10 (b) sells only wine made and bottled by other persons. 11 `(6) This part sets out provisions about the following-- 12 (a) applying for a licence and other matters under this part; 13 (b) decision on an application; 14 (c) granting a licence; 15 (d) nominees; 16 (e) the authority under a licence; 17 (f) trading hours; 18 (g) transferring a licence and an interim licence; 19 (h) advertising; 20 (i) varying, cancelling, suspending and surrendering a licence; 21 (j) permits for promoting a winery or region. 22 `Division 1A--Applying for licence and other matters'. 23 6 Amendment of s 7 (Form of application etc.) Clause 24 (1) Section 7, heading-- 25 omit, insert-- 26 `7 Application for licence and other matters under this part'. 27 (2) Section 7(1)-- 28 insert-- 29

 


 

s7 7 s9 Wine Industry Amendment Bill 2001 `(aa) be made to the chief executive and'. 1 (3) Section 7(1)(b) and (c), `the regulations'-- 2 omit, insert-- 3 `a regulation'. 4 7 Replacement of pt 2, div 2 hdg and s 8 (Application for licence) Clause 5 Part 2, division 2, heading and section 8-- 6 omit, insert-- 7 `Division 2--Decision on application'. 8 8 Amendment of s 9 (Decision on application) Clause 9 Section 9-- 10 insert-- 11 `(4) A wine merchant licence must relate only to 1 premises.'. 12 9 Amendment of s 11 (Grant of licence) Clause 13 (1) Section 11(1)(a)-- 14 omit, insert-- 15 `(a) for a wine producer licence--the business the person will 16 conduct under the licence will involve-- 17 (i) selling wine made from fruit grown by the person on the 18 premises to which the licence will relate; or 19 (ii) selling wine made by the person on the premises to which 20 the licence will relate; and 21 (ab) for a wine merchant licence--the business the person will 22 conduct under the licence is not a business mentioned in 23 paragraph (a) but is a business that will contribute to the 24 Queensland wine industry in a substantial way; and'. 25 (2) Section 11(3)-- 26 omit, insert-- 27 `(3) A licence must state-- 28

 


 

s 10 8 s 10 Wine Industry Amendment Bill 2001 (a) for a wine producer licence--the premises that are to be the main 1 premises under the licence; and 2 (b) for a wine merchant licence--the premises under the licence. 3 `(4) However, the chief executive must not grant a person's application 4 for a licence until the business that the person is to conduct under the 5 licence is to include the sale of wine.'. 6 10 Replacement of s 13 (Application for nominee for new licence or Clause 7 existing licence) 8 Section 13-- 9 omit, insert-- 10 `13 Application for nominee for new licence or existing licence 11 `(1) The purpose of this section is to ensure there is an adult responsible 12 for each licence and, if a licence relates to more than 1 place that comprise 13 premises, a responsible individual for each premises to which the licence 14 applies. 15 `(2) An applicant for a licence must nominate an adult to be a nominee 16 for the licence if-- 17 (a) the applicant is a corporation, already a licensee, or is comprised 18 of more than 1 person whether jointly or in partnership; or 19 (b) the application seeks an approval under section 15(3) to sell wine 20 on premises (the "other premises") other than the main 21 premises. 22 `(3) An applicant for a licence, other than an applicant mentioned in 23 subsection (2), may also nominate an adult to be the nominee for the 24 licence. 25 `(4) Subsection (5) applies if-- 26 (a) a nominee is required under subsection (2); and 27 (b) after the licence is granted, a nominee ceases to perform the role 28 of a nominee; and 29 (c) there is no other nominee relating to the premises. 30 `(5) The licensee must apply to nominate another adult as the nominee 31 for the licence relating to the premises. 32 `(6) Subsections (7) and (8) apply at any time after a licence is granted. 33

 


 

s 11 9 s 11 Wine Industry Amendment Bill 2001 `(7) The licensee must nominate an adult to be a nominee for the licence 1 if the licensee applies for-- 2 (a) an approval under section 15(3) to sell wine on other premises; or 3 (b) an approval under section 44(2) to be absent from the 4 management and control of the business for a continuous period 5 of more than 28 days and there is no other nominee for the 6 licence. 7 `(8) A licensee may apply-- 8 (a) for an adult to be the nominee for the licence relating to 9 premises; or 10 (b) for an additional nominee relating to premises if it is a wine 11 producer licence. 12 `(9) If a licence states a person is a nominee for a licence relating to 13 other premises but not the main premises, the nominee is the nominee for 14 the licence relating to the other premises stated in the licence. 15 `(10) An adult may be nominated-- 16 (a) as a nominee for a licence relating to more than 1 premises; and 17 (b) as a nominee for more than 1 licence.'. 18 11 Amendment of s 14 (Nominees) Clause 19 (1) Section 14(1)-- 20 omit, insert-- 21 `(1) The chief executive may approve an application under section 13 22 only if-- 23 (a) for a wine producer licence--the nominated person is a suitable 24 person to be a nominee; and 25 (b) for a wine merchant licence--the nominated person is a suitable 26 person to be a nominee and there will not be more than 1 27 nominee for the licence.'. 28 (2) Section 14(3)(a), `the licensee's'-- 29 omit. 30

 


 

s 12 10 s 12 Wine Industry Amendment Bill 2001 12 Amendment of s 15 (Licence authorises sale of wine from licensed Clause 1 premises) 2 (1) Section 15, heading-- 3 omit, insert-- 4 `15 Authority under wine producer licence'. 5 (2) Section 15(1), `A licence'-- 6 omit, insert-- 7 `A wine producer licence'. 8 (3) Section 15(1), before `licensed premises'-- 9 insert-- 10 `the'. 11 (4) Section 15(2), from `in sealed containers'-- 12 omit, insert-- 13 `, other than as a sample, for consumption on the licensed premises.'. 14 (5) Section 15(3), after `sell'-- 15 insert-- 16 `or give'. 17 (6) Section 15(3)(a) and (b)-- 18 omit, insert-- 19 `(a) as a sample for consumption on the premises; or 20 (b) other than as a sample, for consumption on the premises; or 21 (c) for consumption off the premises.'. 22 (7) Section 15-- 23 insert-- 24 `(3A) The chief executive may allow the licensee, as a condition of the 25 licence, to sell wine, other than the licensee's wine-- 26 (a) for consumption on the licensed premises; and 27 (b) for consumption off the licensed premises but only if the sale is 28 in the amounts, and in the circumstances, prescribed under a 29 regulation. 30

 


 

s 13 11 s 13 Wine Industry Amendment Bill 2001 `(3B) However, the total amount of wine sold by a licensee under 1 subsection (3A) in a financial year must not be more than the total amount 2 of the licensee's wine sold by the licensee in the year.'. 3 (8) Section 15(4)(b)-- 4 omit, insert-- 5 `(b) under subsection (3)--the chief executive must have regard to-- 6 (i) the location of the other premises in relation to the main 7 premises; and 8 (ii) the ability of the licensee to control the other premises.'. 9 13 Replacement of ss 16 and 17 Clause 10 Sections 16 and 17-- 11 omit, insert-- 12 `16 Authority under wine merchant licence 13 `(1) A wine merchant licence authorises the licensee-- 14 (a) to sell wine on the licensed premises in sealed containers for 15 consumption off the licensed premises; and 16 (b) to sell or give wine on the licensed premises as a sample for 17 consumption on the licensed premises. 18 `(2) The chief executive may allow the licensee, as a condition of the 19 licence, to sell wine on the licensed premises, other than as a sample, for 20 consumption on the licensed premises. 21 `(3) In deciding whether to allow the licensee to sell wine under 22 subsection (2), the chief executive must have regard to the suitability of the 23 licensed premises for the purpose. 24 `17 Labelling of sealed container 25 `If a licensee sells wine in a sealed container, the licensee must ensure 26 the container has a label stating the matters required under a regulation. 27 Maximum penalty--40 penalty units.'. 28

 


 

s 14 12 s 15 Wine Industry Amendment Bill 2001 14 Replacement of s 18 (Ordinary trading hours) Clause 1 Section 18-- 2 omit, insert-- 3 `18 Ordinary trading hours 4 `(1) A wine producer licence authorises the licensee to sell wine-- 5 (a) on the main premises-- 6 (i) for any day other than Christmas Day, Good Friday and 7 Anzac Day--between 8.00 a.m. and midnight on the day; 8 and 9 (ii) for Anzac Day--between 1.00 p.m. and midnight on Anzac 10 Day; and 11 (b) if the licence allows the licensee to sell wine on premises other 12 than the main premises--on the other premises-- 13 (i) for any day other than Christmas Day, Good Friday and 14 Anzac Day--between 10.00 a.m. and midnight on the day; 15 and 16 (ii) for Anzac Day--between 1.00 p.m. and midnight on Anzac 17 Day. 18 `(2) A wine merchant licence authorises the licensee to sell wine on the 19 licensed premises-- 20 (a) for any day other than Christmas Day, Good Friday and Anzac 21 Day--between 10.00 a.m. and midnight on the day; and 22 (b) for Anzac Day--between 1.00 p.m. and midnight on Anzac Day. 23 `(3) A licensee may sell wine on the licensed premises on Christmas Day 24 or Good Friday, or before 1.00 p.m. on Anzac Day, only if authorised under 25 section 19.'. 26 15 Amendment of s 20 (Additional time for consumption of wine) Clause 27 (1) Section 20, `sell the licensee's wine for consumption on'-- 28 omit, insert-- 29 `sell wine for consumption on the'. 30 (2) Section 20, `consume the licensee's wine'-- 31

 


 

s 16 13 s 18 Wine Industry Amendment Bill 2001 omit, insert-- 1 `consume the wine'. 2 16 Amendment of s 27 (Grounds for variation, suspension or Clause 3 cancellation) 4 (1) Section 27(1)(b) and (c), after `licensee'-- 5 insert-- 6 `or a nominee'. 7 (2) Section 27(1)(e)-- 8 omit, insert-- 9 `(e) the licensee has ceased to conduct the business of selling wine;2 10 (f) for a wine merchant licence--the licensee is not conducting, or 11 no longer conducts, a business that contributes to the Queensland 12 wine industry in a substantial way.'. 13 17 Insertion of new s 31A Clause 14 Part 2, division 10-- 15 insert-- 16 `31A Definition for div 10 17 `In this division­ 18 "licensee" means a person who holds a wine producer licence.'. 19 18 Amendment of s 32 (Permits) Clause 20 (1) Section 32, heading-- 21 omit, insert-- 22 `32 Permits to promote particular wineries or regions'. 23 (2) Section 32(2)-- 24 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 19 14 s 20 Wine Industry Amendment Bill 2001 omit, insert-- 1 `(2) The chief executive may grant a permit only if the chief executive-- 2 (a) is satisfied the purpose of the permit is to promote a particular 3 winery or region; and 4 (b) reasonably considers it is more appropriate for wine to be sold 5 under a permit instead of a licence because the purpose of the 6 permit is to sell the licensee's wine at a single event.'. 7 19 Amendment of s 34 (Breach of conditions of licence or permit) Clause 8 (1) Section 34(2)-- 9 renumber as section 34(3). 10 (2) Section 34(1)-- 11 omit, insert-- 12 `(1) A licensee must not sell wine unless the sale is authorised under this 13 Act. 14 Maximum penalty--350 penalty units. 15 `(2) However, a person does not commit an offence against 16 subsection (1) if the person-- 17 (a) holds a licence or permit under the Liquor Act 1992 to sell wine; 18 and 19 (b) sells the wine under the authority of the licence or permit.'. 20 20 Replacement of s 44 (Authorised person to be in control of Clause 21 premises and places) 22 Section 44-- 23 omit, insert-- 24 `44 Licensee not to be absent for more than 28 days without 25 approval 26 `(1) A licensee must not leave the licensed premises or a permit place in 27 the control of another person unless the person is an agent or employee of 28 the licensee. 29 Maximum penalty--100 penalty units. 30

 


 

s 21 15 s 22 Wine Industry Amendment Bill 2001 `(2) A licensee must not, without the chief executive's approval, be 1 absent from the management and control of the business conducted under 2 the licence for a continuous period of more than 28 days. 3 Maximum penalty--100 penalty units. 4 `(3) In deciding whether to grant an approval under subsection (2), the 5 chief executive must have regard to the arrangements for a nominee for the 6 licence to manage and control the business conducted under the licence 7 during the licensee's absence.'. 8 21 Amendment of s 47 (Notice to be given of change of business Clause 9 name) 10 (1) Section 47, heading-- 11 omit, insert-- 12 `47 Business names and related matters'. 13 (2) Section 47-- 14 insert-- 15 `(2) The holder of a wine merchant licence must not use the following 16 terms to describe the licensed premises or the business the licensee 17 conducts under the licence, including, for example, on any signs, 18 advertising or promotional material-- 19 (a) vineyard; 20 (b) winery; 21 (c) cellar door; 22 (d) another term prescribed under a regulation. 23 Maximum penalty--25 penalty units. 24 `(3) Subsection (2) applies despite the Business Names Act 1962.'. 25 22 Amendment of s 49 (Investigators under Liquor Act may exercise Clause 26 their powers) 27 Section 49(2), `sections 175 and 18714'-- 28

 


 

s 23 16 s 23 Wine Industry Amendment Bill 2001 omit, insert-- 1 `section 1753'. 2 23 Replacement of s 63 (Definitions) Clause 3 Section 63-- 4 omit, insert-- 5 `63 Transitional provision for licences existing before Wine Industry 6 Amendment Act 2001 7 `(1) This section applies to a person who, immediately before the 8 commencement of this section-- 9 (a) held a licence (an "existing licence") under this Act; or 10 (b) held a limited licence under the Liquor Act 1992 in conjunction 11 with a licence under this Act (the "joint licences"). 12 `(2) The chief executive must conduct a review of the person's existing 13 licence or joint licences. 14 `(3) If, after the person's existing licence or joint licences have been 15 reviewed, the chief executive decides the person-- 16 (a) is a person who grows fruit on the licensed premises from which 17 wine is made or makes wine on the licensed premises, the chief 18 executive must cancel the person's existing licence or joint 19 licences and grant the person a wine producer licence; or 20 (b) is not a person mentioned in paragraph (a) but conducts a 21 business that contributes to the Queensland wine industry in a 22 substantial way, the chief executive must cancel the person's 23 existing licence or joint licences and grant the person a wine 24 merchant licence; or 25 (c) is not a person mentioned in paragraph (a) or (b), the chief 26 executive must cancel the person's existing licence or joint 27 licences and grant the person an appropriate licence under the 28 Liquor Act 1992. 29 `(4) Until the chief executive completes the review of the person's 30 existing licence or joint licences and grants the person a licence under 31 3 Section 175 (Power to stop and search vehicles etc.)

 


 

s 24 17 s 24 Wine Industry Amendment Bill 2001 subsection (3), the person's licence under this Act is taken to be a wine 1 producer licence. 2 `64 Transitional provision for applications for licences not decided 3 before commencement of Wine Industry Amendment Act 2001 4 `(1) This section applies to an application made, and not decided, before 5 the commencement of this section. 6 `(2) The application is taken to be an application for a wine producer 7 licence if the business the applicant will conduct under the licence will 8 involve-- 9 (a) selling wine made from fruit grown, on the premises to which the 10 licence will relate, by the applicant; or 11 (b) selling wine made, on the premises to which the licence will 12 relate, by the applicant. 13 `(3) The application is taken to be an application for a wine merchant 14 licence if the business the applicant will conduct under the licence is not a 15 business mentioned in subsection (2) but is a business that will contribute 16 to the Queensland wine industry in a substantial way. 17 `(4) If the application is taken to be an application for a wine merchant 18 licence, the chief executive may, by written notice given to the applicant, 19 require the applicant, within a reasonable time of at least 14 days stated in 20 the notice, to pay the relevant fee for a wine merchant licence. 21 `(5) If the applicant does not pay the relevant fee by the day stated in the 22 notice, the application is taken to have lapsed. 23 `(6) In this section-- 24 "relevant fee", for a wine merchant licence, means the fee prescribed 25 under a regulation for an application for a wine merchant licence less 26 the amount of the fee that accompanied the application for the 27 licence.'. 28 24 Amendment of sch 2 (Dictionary) Clause 29 (1) Schedule 2, definitions "blended wine", "licensed premises" and 30 "licensee's wine"-- 31 omit. 32 (2) Schedule 2-- 33

 


 

s 25 18 s 25 Wine Industry Amendment Bill 2001 insert-- 1 ` "licensed premises" means-- 2 (a) for a wine producer licence--the premises stated in the licence as 3 the main premises and other premises approved under 4 section 15(3)4 for the licence; or 5 (b) for a wine merchant licence--the premises to which the licence 6 relates. 7 "licensee's wine" means wine at least 85% of which is-- 8 (a) made from fruit grown on the licensed premises by the licensee; 9 or 10 (b) made on the licensed premises by the licensee. 11 "wine merchant licence" means a licence granted under section 9(1)5 that 12 states it is a wine merchant licence. 13 "wine producer licence" means a licence granted under section 9(1) that 14 states it is a wine producer licence.'. 15 (3) Schedule 2, definition "wine", examples, paragraph (e)-- 16 omit, insert-- 17 `(e) fortified fruit and vegetable wines.'. 18 PART 3--AMENDMENT OF LIQUOR ACT 1992 19 25 Act amended in pt 3 Clause 20 This part amends the Liquor Act 1992. 21 4 Section 15 (Authority under wine producer licence) 5 Section 9 (Decision on application)

 


 

s 26 19 s 26 Wine Industry Amendment Bill 2001 26 Amendment of s 84 (Restriction on sale of liquor under producer/ Clause 1 wholesaler licence) 2 Section 84(1)-- 3 insert-- 4 `(aa) a licensee under the Wine Industry Act 1994; or'. 5

 


 

20 Wine Industry Amendment Bill 2001 SCHEDULE 1 MINOR AMENDMENTS OF WINE INDUSTRY ACT 1994 2 section 3 3 1 Part 2, division 5, heading-- 4 omit, insert-- 5 `Division 5--Authority under licence'. 6 2 Section 19(1), from `to sell the licensee's wine' to `of the licencee's 7 wine'-- 8 omit, insert-- 9 `to sell wine on the licensed premises, including, for example, the sale of 10 the wine'. 11 3 Section 19(2), `the licensee's'-- 12 omit. 13 4 Section 25(1) and(2)(c), `the regulations'-- 14 omit, insert-- 15 `a regulation'. 16 5 Section 26(1), `the regulations'-- 17 omit, insert-- 18 `a regulation'. 19

 


 

21 Wine Industry Amendment Bill 2001 SCHEDULE 1 (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

 


 

22 Wine Industry Amendment Bill 2001 SCHEDULE 1 (continued) (i) for a wine producer licence--the main premises; and 1 (ii) for a wine merchant licence--the licensed premises; and'. 2 13 Section 50(2)(c), `wine'-- 3 omit, insert-- 4 `wine,'. 5 14 Section 51(1), `regulations'-- 6 omit, insert-- 7 `a regulation'. 8 15 Section 51(2), `the regulations'-- 9 omit, insert-- 10 `a regulation'. 11 16 Section 53(2), `the regulations'-- 12 omit, insert-- 13 `a regulation'. 14 17 Section 55(2), `the regulations'-- 15 omit, insert-- 16 `a regulation'. 17 18 Section 56(2), `The regulations'-- 18 omit, insert-- 19 `A regulation'. 20

 


 

23 Wine Industry Amendment Bill 2001 SCHEDULE 1 (continued) 19 Section 59(b), `the regulations'-- 1 omit, insert-- 2 `a regulation'. 3 20 Section 61-- 4 omit. 5 6 © State of Queensland 2001

 


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