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Queensland
WINE INDUSTRY BILL 1994
Queensland
WINE INDUSTRY BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Objectives and their achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--Interpretation
4 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3--Relationship between this Act and the Liquor Act
5 Relationship with Liquor Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 2--LICENCES AND PERMITS
Division 1--Preliminary
6 Requirement to be licensed under this Act or the Liquor Act . . . . . . . . . . . 8
7 Form of application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Applying for a licence
8 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Inquiries about applicant's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Grant of licence
11 Grant of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Licensee may hold more than 1 licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4--Nominees
13 Application for nominee for new licence or existing licence . . . . . . . . . . . 11
14 Nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Wine Industry
Division 5--Authority given by licence
15 Licence authorises sale of wine from licensed premises . . . . . . . . . . . . . . . 12
16 Blended wine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Labelling of sealed containers for sale or supply . . . . . . . . . . . . . . . . . . . . . 13
Division 6--Trading hours authorised by licence
18 Ordinary trading hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Extended trading hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Additional time for consumption of wine . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 7--Transfer of licences and interim licences
21 Application for transfer of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Chief executive's responsibility on application for transfer of licence . . . . 15
23 Licence cannot be transferred if fees payable . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Application for interim licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 8--Advertising
25 Advertisement of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Submissions about an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 9--Variation, suspension, cancellation or surrender of
licence
27 Grounds for variation, suspension or cancellation . . . . . . . . . . . . . . . . . . . . . 17
28 Procedure for variation, suspension or cancellation . . . . . . . . . . . . . . . . . . . 18
29 Effect of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Licensee may surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Compensation not payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 10--Permits
32 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 11--Appeals
33 Appeals against decisions of chief executive . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 3--OBLIGATORY PROVISIONS AND OFFENCES
34 Breach of conditions of licence or permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Wine not to be sold outside authorised trading hours . . . . . . . . . . . . . . . . . . 21
36 Wine prohibited to certain persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Prohibitions affecting minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3
Wine Industry
38 False representation of age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
39 Wrongful dealing with genuine evidence of age . . . . . . . . . . . . . . . . . . . . . . 23
40 Seizure of document wrongly used as evidence of age . . . . . . . . . . . . . . . . 24
41 Finding out age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
42 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
43 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 25
44 Authorised person to be in control of premises and places . . . . . . . . . . . . . 25
45 Keeping licence or permit at licensed premises . . . . . . . . . . . . . . . . . . . . . . 26
46 Production of licence or permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
47 Notice to be given of change of business name . . . . . . . . . . . . . . . . . . . . . . 26
48 Notice of change of licensee details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 4--INVESTIGATIONS
49 Investigators under Liquor Act may exercise their powers . . . . . . . . . . . . . . 27
PART 5--RECORDS AND ANNUAL FEES
Division 1--Record keeping
50 Records to be kept by licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
51 Licensee to provide annual return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
52 False or misleading records or returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2--Annual fee
53 Payment of fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
54 Suspension and cancellation for failure to pay fee . . . . . . . . . . . . . . . . . . . . 29
PART 6--QUEENSLAND WINE INDUSTRY POLICY COUNCIL
55 Establishment and functions of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
56 Appointment of Council members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 7--ADMINISTRATION
57 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
58 Register of licences and permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
59 Register open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
60 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 8--MISCELLANEOUS
61 Review of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
62 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4
Wine Industry
PART 9--TRANSITIONAL PROVISIONS
63 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
64 Continuation of existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
65 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 10--REPEALS AND AMENDMENTS
66 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
67 Acts amended--Sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 34
CONSEQUENTIAL AMENDMENTS
LIQUOR ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
TRADING (ALLOWABLE HOURS) ACT 1990 . . . . . . . . . . . . . . . . . . . . . 36
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 37
DICTIONARY
1994
A BILL
FOR
An Act about Queensland's wine industry
s1 6 s3
Wine Industry
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
title 4
Short
1. This Act may be cited as the Wine Industry Act 1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
and their achievement 8
Objectives
3.(1) The objectives of this Act are-- 9
(a) to enable the efficiency of the Queensland wine industry to be 10
developed further; and 11
(b) to help the wine industry to develop further its tourism potential; 12
and 13
(c) to establish a system under which the integrity of the Queensland 14
wine industry is ensured. 15
(2) The objectives are to be achieved mainly by licensing certain persons 16
who make and sell wine in Queensland so that they can sell their wine. 17
(3) A person who is licensed under this Act need not be licensed under 18
the Liquor Act 1992 before the person can lawfully sell wine. 19
(4) The objectives of the Act are also to be achieved by allowing the 20
Minister to establish the Wine Industry Policy Council as a representative 21
body to advise the Minister. 22
s4 7 s5
Wine Industry
Division 2--Interpretation 1
dictionary 2
Definitions--the
4.(1) A dictionary in Schedule 2 defines particular words used in this 3
Act.1 4
(2) Definitions found elsewhere in the Act are signposted in the 5
dictionary.2 6
Division 3--Relationship between this Act and the Liquor Act 7
with Liquor Act 8
Relationship
5.(1) This Act is based, in part, on the Liquor Act and some relevant 9
issues are common to both Acts. 10
11
Example--
12
Principle that alcohol is not to be sold to minors.
(2) To ensure consistency with the Liquor Act, some words are defined 13
by reference to the meaning of the word in the Liquor Act. 14
15
Example--
16
The definition "acceptable evidence of age" refers to a document that is
17
acceptable evidence of age under the Liquor Act.
1 In some Acts, definitions are contained in a dictionary that appears as the last
Schedule and forms part of the Act--Acts Interpretation Act 1954, section 14.
2 The signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where the section definitions can be
found. For example, the definition `"blended wine" see section 16' tells the
reader that the term "blended wine" is defined in section 16.
s6 8 s6
Wine Industry
(3) Also, Parts 2 and 73 of the Liquor Act apply in a way stated in 1
sections 33 and 49.4 2
PART 2--LICENCES AND PERMITS 3
1--Preliminary 4
Division
to be licensed under this Act or the Liquor Act 5
Requirement
6.(1) Before a person may lawfully sell wine, the person must be 6
licensed under this Act or be authorised to sell wine under the Liquor Act. 7
(2) A person may obtain a licence to sell wine under this Act if the 8
person-- 9
(a) grows, in the State, the fruit used to make the wine; or 10
(b) makes the wine in the State. 11
(3) This Part sets out provisions about-- 12
· applying for a licence 13
· granting a licence 14
· trading hours 15
· nominees 16
· transferring a licence 17
· advertising 18
· cancelling, suspending and surrendering a licence 19
· permits for promotional activities. 20
3 Part 2 (Liquor Appeals Tribunal) and Part 7 (Investigators and their powers).
4 Sections 33 (Appeals against decisions of the chief executive) and 49
(Investigators under the Liquor Act may exercise their powers).
s7 9 s9
Wine Industry
(4) A licence only authorises the licensee to sell the licensee's wine and 1
certain blended wine produced by the licensee.5 2
of application etc. 3
Form
7.(1) An application under this Part must-- 4
(a) be in the form approved by the chief executive; and 5
(b) include the particulars prescribed under the regulations; and 6
(c) be accompanied by the fee prescribed under the regulations. 7
(2) The chief executive, by written notice, may ask the applicant to give 8
further information or documents relevant to the application. 9
Division 2--Applying for a licence 10
for licence 11
Application
8. The following persons may apply for a licence to sell wine-- 12
(a) a person who grows, in the State, fruit used to make the wine; 13
(b) a person who makes the wine in the State. 14
on application 15
Decision
9.(1) The chief executive must consider an application for a licence, and 16
the suitability of the applicant to hold a licence, and either grant the licence 17
or refuse to grant the licence. 18
(2) In considering the suitability of the applicant to hold a licence, the 19
chief executive must have regard to, and may make inquiries about-- 20
(a) the person's knowledge and understanding of their obligations 21
under this Act; and 22
(b) the person's character and standing. 23
5 Under section 16 (Blended wine), certain blended wine may be sold or supplied
as if it were the licensee's wine.
s 10 10 s 11
Wine Industry
1
Example--
2
The chief executive's inquiries about an applicant's suitability may include
3
asking the Commissioner of the Police Service for a written report about the
4
applicant's criminal history.
(3) Subsection (2) does not limit the matters to which the chief executive 5
may have regard in considering an application or the suitability of the 6
applicant. 7
about applicant's criminal history 8
Inquiries
10.(1) If asked by the chief executive, the Commissioner of the Police 9
Service must give the chief executive a written report about an applicant's 10
criminal history. 11
(2) Subsection (1) applies to the criminal history in the Commissioner's 12
possession or to which the Commissioner has access. 13
Division 3--Grant of licence 14
of licence 15
Grant
11.(1) The chief executive may grant a person's application for a licence 16
only if the chief executive is satisfied-- 17
(a) the business the person will conduct under the licence will involve 18
selling wine-- 19
(i) made from fruit grown, in the State, by the person; or 20
(ii) made in the State by the person; and 21
(b) the person is a suitable person to hold a licence; and 22
(c) a person who will have authority or influence in the conduct of 23
the business, particularly any proposed nominee, is a suitable 24
person; and 25
(d) the premises from which the wine is to be sold or to be provided 26
are suitable for the sale or supply of wine. 27
(2) The chief executive may grant a licence on conditions stated in the 28
licence. 29
s 12 11 s 13
Wine Industry
(3) A licence must state the premises that are to be the main premises 1
under the licence. 2
may hold more than 1 licence 3
Licensee
12. A person may apply for, and hold, more than 1 licence.6 4
4--Nominees 5
Division
for nominee for new licence or existing licence 6
Application
13.(1) An applicant for a licence must nominate an adult to be a nominee 7
for the licence if the applicant-- 8
(a) is a corporation; or 9
(b) is already a licensee; or 10
(c) is more than 1 person, whether jointly or in partnership. 11
(2) An applicant for a licence, other than an applicant mentioned in 12
subsection (1), may also nominate an adult to be the nominee for the 13
licence. 14
(3) If a nominee is required by this Act, a licensee must nominate 15
another adult as the nominee for a licence if, after a licence is granted-- 16
(a) a person ceases to be a nominee for the licence; and 17
(b) there is no other nominee for the licence. 18
(4) A licensee may apply to the chief executive-- 19
(a) for an adult to be the nominee for the licence; or 20
(b) for an additional nominee for the licence; or 21
(c) to replace an existing nominee. 22
(5) An adult may be nominated as a nominee for more than 1 licence. 23
6 Under section 13 (Application for nominee for new licence or existing licence) if
an applicant for a licence is already a licensee, the existing licensee must apply
for another adult to be the nominee for the new licence.
s 14 12 s 15
Wine Industry
1
Nominees
14.(1) The chief executive may approve an application under section 19 2
only if the nominated person is a suitable person to be a nominee. 3
(2) The decision whether an adult is a suitable person to be a nominee 4
must be made in the same way as the decision whether a person is a 5
suitable person to hold a licence.7 6
(3) A person approved as a nominee-- 7
(a) is responsible for ensuring that the licensee's wine is sold on the 8
licensed premises only as authorised by the licence; and 9
(b) is subject to the obligations imposed by this Act on the licensee; 10
and 11
(c) is liable as a licensee for an offence against, or any failure to 12
perform obligations imposed by, this Act. 13
(4) A nominee's liability for an offence under this Act does not affect the 14
liability of the licensee for the offence. 15
5--Authority given by licence 16
Division
authorises sale of wine from licensed premises 17
Licence
15.(1) A licence authorises the licensee-- 18
(a) to sell the licensee's wine in sealed containers for consumption 19
off licensed premises; and 20
(b) to sell or give the licensee's wine as a sample for consumption on 21
licensed premises. 22
(2) The chief executive may allow the licensee, as a condition of the 23
licence, to sell the licensee's wine in sealed containers for consumption on 24
licensed premises. 25
(3) The chief executive may allow the licensee, as a condition of the 26
licence, to sell the licensee's wine on other premises approved by the chief 27
7 See sections 9 (Decision on application) and 10 (Inquiries about applicant's
criminal history).
s 16 13 s 18
Wine Industry
executive for the sale of the licensee's wine under authority of the licence-- 1
(a) as a sample for consumption on the premises; or 2
(b) in sealed containers for consumption on or off the premises. 3
(4) In deciding whether to allow the licensee to sell the licensee's wine-- 4
(a) under subsection (2) or (3)--the chief executive must have regard 5
to the suitability of the premises for the purpose; and 6
(b) under subsection (3)--the chief executive must have regard to 7
location of the premises in relation to the main premises. 8
wine 9
Blended
16.(1) This section applies if a licensee blends the licensee's wine with 10
wine from other sources (the "blended wine"). 11
(2) The licence authorises the licensee to sell the blended wine as if it 12
were the licensee's wine. 13
(3) The authority under subsection (2) applies only to blended wine 14
consisting of at least the percentage of the licensee's wine prescribed under 15
the regulations. 16
of sealed containers for sale or supply 17
Labelling
17. A licence authorises the licensee to sell the licensee's wine in a sealed 18
container (whether for consumption on the licensed premises or otherwise) 19
with a label stating the matters prescribed under the regulations. 20
6--Trading hours authorised by licence 21
Division
trading hours 22
Ordinary
18.(1) A licence authorises the licensee to sell the licensee's wine on 23
licensed premises-- 24
(a) for any day other than Christmas Day, Good Friday and Anzac 25
Day--between 10.00 am and midnight on the day; and 26
(b) for Anzac Day--between 1.00 pm and midnight on Anzac Day. 27
s 19 14 s 21
Wine Industry
(2) A licensee may sell the licensee's wine on Christmas Day or Good 1
Friday only if authorised under section 19 (Extended trading hours). 2
trading hours 3
Extended
19.(1) A licensee may apply to the chief executive to extend the trading 4
hours during which a licensee is authorised to sell the licensee's wine on 5
licensed premises, including, for example, the sale of the licensee's wine on 6
Christmas Day or Good Friday. 7
(2) If the chief executive grants the application the licensee is authorised 8
to sell the licensee's wine during the times, and on the conditions, approved 9
by the chief executive. 10
(3) If the chief executive considers that the licence should be endorsed 11
with the new trading hours, the chief executive may require the licensee to 12
produce the licence for endorsement. 13
time for consumption of wine 14
Additional
20. If a licence authorises a licensee to sell the licensee's wine for 15
consumption on licensed premises, the licence also authorises a person to 16
consume the licensee's wine, received from the licensee during the 17
authorised trading hours, on the premises for 30 minutes after the end of the 18
trading hours. 19
Division 7--Transfer of licences and interim licences 20
for transfer of licence 21
Application
21.(1) The current licensee and the proposed licensee may apply to the 22
chief executive to transfer the licence to the proposed licensee. 23
(2) However, if the current licensee is not the owner of the main 24
premises, the owner of the premises must agree to the transfer. 25
(3) If the licensee has deserted or no longer has lawful possession of the 26
main premises, the chief executive may transfer a licence on the application 27
of the owner of the premises and the proposed licensee or, if the owner is 28
the proposed licensee, the owner alone. 29
s 22 15 s 24
Wine Industry
(4) If a mortgagee is in lawful possession of the main premises, the chief 1
executive may transfer a licence on the application of the mortgagee and the 2
proposed licensee or, if the mortgagee is the proposed licensee, the 3
mortgagee alone. 4
executive's responsibility on application for transfer of licence 5
Chief
22.(1) The chief executive must deal with an application for the transfer 6
of a licence as if the proposed transferee were an applicant for a licence. 7
(2) The chief executive may transfer the licence only if the proposed 8
transferee is a person to whom a licence could be granted. 9
10
Example--
11
The chief executive may only approve the application if the requirements of
12
relevant sections of this Act have been complied with, including, for example,
13
sections 9, 11, 12 and 13.8
(3) On the transfer of the licence, the transferee becomes the licensee 14
and-- 15
(a) has the authority given by the licence to the licensee; and 16
(b) is subject to the obligations imposed by this Act and the licence 17
on the licensee. 18
cannot be transferred if fees payable 19
Licence
23. The chief executive may transfer a licence only if all fees payable 20
under this Act for the licence have been paid in full. 21
for interim licence 22
Application
24.(1) The following persons may apply to the chief executive for an 23
interim licence to conduct the business of a licensee on licensed premises-- 24
(a) if a licensee is dead--a person entitled to be appointed as the legal 25
8 Section 9 (Decision on application)
Section 11 (Grant of licence)
Section 12 (Licensee may hold more than 1 licence)
Section 13 (Application for nominee for new licence or existing licence).
s 25 16 s 25
Wine Industry
personal representative of the deceased licensee; 1
(b) if the licensee is bankrupt or has taken advantage of the laws of 2
bankruptcy--a person in possession of the licensed premises 3
who is entitled to administer the affairs of the licensee; 4
(c) if the licensee is a corporation--a person in possession of the 5
licensed premises who has been appointed to manage or wind-up 6
the affairs of the licensee; 7
(d) a guardian of a licensee or an administrator or manager of the 8
estate of a licensee. 9
(2) The chief executive may grant an interim licence only if the chief 10
executive is satisfied that the person is a suitable person to hold the interim 11
licence. 12
(3) The decision whether an adult or a corporation is a suitable person to 13
hold an interim licence must be made in the same way as the decision as to 14
whether a person is a suitable person to hold a licence. 15
(4) The chief executive may grant an interim licence-- 16
(a) for a term, not longer than 1 year, the chief executive considers 17
reasonable in the circumstances; and 18
(b) subject to the conditions stated in the interim licence. 19
(5) A person to whom an interim licence is granted has the authority 20
given by, and is subject to the obligations imposed by, this Act and the 21
licence as if the person were the licensee. 22
8--Advertising 23
Division
of applications 24
Advertisement
25.(1) A person must advertise an application made under this Act, in the 25
way prescribed under the regulations. 26
(2) However, the chief executive may exempt the person from 27
advertising an application-- 28
(a) if it is not likely that members of the public in the locality would 29
be affected by, or concerned about, the grant of the application; or 30
s 26 17 s 27
Wine Industry
(b) if the application is required to be advertised as part of another 1
process related to the application, including, for example, an 2
application for planning approval; or 3
(c) in circumstances prescribed under the regulations. 4
(3) This section does not apply to an application under the following 5
sections-- 6
· section 13 (Application for nominee for new licence or existing 7
licence) 8
· section 21 (Application for transfer of licence) 9
· section 24 (Application for interim licence). 10
about an application 11
Submissions
26.(1) A person may make a written submission, in the way prescribed 12
under the regulations, to the chief executive objecting to the granting of an 13
application to which section 25 applies. 14
(2) A regulation may prescribe the following matters-- 15
(a) who may make a submission; 16
(b) how a submission may be made; 17
(c) when a submission is to be made; 18
(d) the grounds on which a submission may be made; 19
(e) the procedure to be followed by the chief executive in considering 20
a submission; 21
(f) the matters to which the chief executive must have regard in 22
deciding an application. 23
9--Variation, suspension, cancellation or surrender of licence 24
Division
for variation, suspension or cancellation 25
Grounds
27.(1) Each of the following is a ground for the variation, suspension or 26
cancellation of a licence-- 27
s 28 18 s 28
Wine Industry
(a) the licence was obtained because of incorrect or misleading 1
information; 2
(b) the licensee has contravened a condition of the licence; 3
(c) the licensee has committed an offence against this Act or the 4
Liquor Act about the sale of wine; 5
(d) the licensee is not, or is no longer, a suitable person to be a 6
licensee; 7
(e) the licensee has ceased to conduct the business.9 8
(2) The decision whether a person is a suitable person to continue to be a 9
licensee must be made in the same way as the decision whether a person is 10
a suitable person to hold a licence. 11
for variation, suspension or cancellation 12
Procedure
28.(1) If the chief executive believes that a ground exists to vary, suspend 13
or cancel a licence (the "proposed action"), the chief executive must give 14
the licensee a written notice that-- 15
(a) states the proposed action; and 16
(b) states the grounds for the proposed action; and 17
(c) outlines the facts and circumstances forming the basis for the 18
chief executive's belief; and 19
(d) if the proposed action is to vary a condition of the licence--states 20
the proposed variation; and 21
(e) if the proposed action is to suspend the licence--states the 22
proposed suspension period; and 23
(f) invites the licensee to show, within a stated time of at least 24
28 days, why the proposed action should not take place. 25
(2) If, after considering all representations made within the stated time, 26
the chief executive still believes a ground exists to cancel the licence, the 27
chief executive may-- 28
9 However, apart from this Division a licence is suspended, and may be cancelled,
under section 54 (Suspension and cancellation for failure to pay fee) because
fees are not paid when payable.
s 29 19 s 31
Wine Industry
(a) if the proposed action is to vary a condition of the licence--vary 1
the condition in the way proposed; or 2
(b) if the proposed action is to suspend the licence for a stated 3
period--suspend the licence for the stated period or a shorter 4
period; or 5
(c) if the proposed action is to cancel the licence--cancel the licence, 6
suspend the licence for a period or vary a condition of the licence. 7
(3) The chief executive must inform the licensee of the decision by 8
written notice. 9
(4) If the chief executive decides to vary, suspend or cancel a licence, the 10
notice must state-- 11
(a) the reasons for the decision; and 12
(b) the licensee's right to appeal the decision. 13
(5) The decision takes effect on the later of the following-- 14
(a) on the day the notice is given to the licensee; 15
(b) the day stated in the notice. 16
of suspension 17
Effect
29. If a licence is suspended by the chief executive, the licence ceases to 18
be in force for the period of the suspension. 19
may surrender 20
Licensee
30.(1) A licensee may surrender a licence to the chief executive at any 21
time. 22
(2) However, if the licensee is not the owner of the main licensed 23
premises the licensee must obtain the owner's agreement before 24
surrendering the licence. 25
not payable 26
Compensation
31. Compensation is not payable to any person because the chief 27
executive-- 28
s 32 20 s 33
Wine Industry
(a) varies a licence condition without agreement; or 1
(b) suspends or cancels a licence; or 2
(c) accepts the surrender of a licence. 3
Division 10--Permits 4
5
Permits
32.(1) A licensee may apply to the chief executive for a permit. 6
(2) The chief executive may grant a permit only if the chief executive is 7
satisfied the purpose of the permit is to promote a particular winery or 8
region. 9
(3) A permit authorises the licensee stated in the permit to sell the 10
licensee's wine at the permit place stated in the permit. 11
(4) The permit is subject to the conditions stated in the permit. 12
(5) A group of licensees may also apply for a permit. 13
(6) If a group of licensees applies for a permit-- 14
(a) each licensee whose wine is to be sold at the proposed permit 15
place must agree to the permit; and 16
(b) 1 licensee must be nominated as the holder of the permit. 17
(7) The agreement of a licensee under subsection (6)(a) is taken to be an 18
appointment of each of the other licensees applying for the permit as 19
nominees for the licensee. 20
(8) A permit granted to a group of licensees authorises the licensees 21
stated in the permit to sell the licensees' wine at the permit place stated in 22
the permit. 23
Division 11--Appeals 24
against decisions of chief executive 25
Appeals
33.(1) A decision of the chief executive under this Act may be appealed 26
s 34 21 s 35
Wine Industry
against under Part 2 of the Liquor Act as if the decision were a decision of 1
the chief executive under the Liquor Act. 2
(2) A reference in Part 2 of the Liquor Act-- 3
(a) to the Liquor Act is a reference to the Wine Industry Act 1994; 4
and 5
(b) to a decision of the chief executive is a reference to a decision of 6
the chief executive under this Act; and 7
(c) to an application, submission or objection is a reference to an 8
application, submission or objection under this Act. 9
(3) For this section, this Act is to be read together with the Liquor Act. 10
PART 3--OBLIGATORY PROVISIONS AND 11
OFFENCES 12
of conditions of licence or permit 13
Breach
34.(1) A licensee must not sell the licensee's wine unless the sale is 14
authorised under this Act. 15
Maximum penalty--350 penalty units. 16
(2) A licensee must comply with the conditions of the licensee's licence 17
or permit. 18
Maximum penalty--350 penalty units. 19
not to be sold outside authorised trading hours 20
Wine
35. A licensee must not sell the licensee's wine at a time other than-- 21
(a) the ordinary trading hours mentioned in section 18;10 or 22
(b) if the chief executive has extended the trading hours under 23
10 Section 18 (Ordinary trading hours).
s 36 22 s 38
Wine Industry
section 1911--the trading hours under the extension; or 1
(c) at the times under a permit held by the licensee. 2
Maximum penalty--100 penalty units. 3
prohibited to certain persons 4
Wine
36.(1) A person must not, on licensed premises or at a permit place, 5
provide wine to a minor or a person who is unduly intoxicated. 6
Maximum penalty-- 7
(a) if the person is the licensee of, or the nominee for, the licensed 8
premises or the permit place--250 penalty units; or 9
(b) in any other case--40 penalty units. 10
(2) In this section-- 11
"unduly intoxicated" has the meaning given by the Liquor Act. 12
affecting minors 13
Prohibitions
37.(1) A minor must not, on licensed premises or at a permit place-- 14
(a) drink wine; or 15
(b) be in possession of wine. 16
Maximum penalty--25 penalty units. 17
(2) Subsection (1)(b) does not apply to a minor who is in possession of 18
wine-- 19
(a) while performing duties as an employee of the licensee of the 20
licensed premises; or 21
(b) while receiving training for employment or work experience. 22
representation of age 23
False
38.(1) A person must not, for a wrongful purpose under this Act, falsely 24
11 Section 19 (Extended trading hours).
s 39 23 s 39
Wine Industry
represent himself or herself to have reached 18 years. 1
Maximum penalty--25 penalty units. 2
(2) A person must not-- 3
(a) make a false document that could reasonably be taken to be 4
genuine acceptable evidence of age of the person or someone else; 5
or 6
(b) give a false document mentioned in paragraph (a) to someone 7
else; 8
knowing the document to be false and with intent that the document be used 9
as acceptable evidence of age of a person. 10
Maximum penalty-- 11
(a) for a minor--25 penalty units; and 12
(b) for an adult--40 penalty units. 13
(3) A person must not, for a wrongful purpose, falsely represent to an 14
entity that the person has reached 18 years to obtain a document that is 15
acceptable evidence of age of the person, knowing the representation to be 16
false. 17
Maximum penalty--25 penalty units. 18
(4) In this section-- 19
"wrongful purpose" of a minor means intending wine to be sold or 20
provided to the minor on the licensed premises or at a permit place. 21
dealing with genuine evidence of age 22
Wrongful
39.(1) A person must not knowingly give a document that is acceptable 23
evidence of age of the person mentioned in the document (the "specified 24
person") to someone else, if the person giving the document knows or has 25
reasonable grounds to suspect that the document may be used as acceptable 26
evidence of age of someone other than the specified person. 27
Maximum penalty40 penalty units. 28
(2) A person must not wilfully or negligently deface or interfere with a 29
s 40 24 s 42
Wine Industry
document that is acceptable evidence of age of the person or someone else. 1
Maximum penalty--40 penalty units. 2
of document wrongly used as evidence of age 3
Seizure
40.(1) If a document is shown to a person and the person believes, on 4
reasonable grounds, that the document has been used by someone else in 5
contravention of section 38(2) or (3),12 the person may seize the document. 6
(2) The person must give the seized document to an investigator within 3 7
days of the seizure or, if that is not reasonably practicable, must notify an 8
investigator about the seizure within the 3 day period. 9
Maximum penalty--25 penalty units. 10
out age 11
Finding
41.(1) An authorised person may require someone else whom the 12
authorised person suspects on reasonable grounds to be a minor and to be 13
contravening a provision of this Act-- 14
(a) to state all relevant particulars about the person's age; and 15
(b) to produce evidence of the person's age. 16
(2) In this section-- 17
"authorised person" includes-- 18
(a) a licensee; and 19
(b) an employee or agent of a licensee; and 20
(c) an investigator. 21
or misleading statements 22
False
42.(1) A person must not-- 23
(a) state anything for this Act that the person knows is false or 24
misleading in a material particular; or 25
12 Section 38 (False representation of age).
s 43 25 s 44
Wine Industry
(b) omit from a statement made for this Act anything without which 1
the statement is, to the person's knowledge, misleading in a 2
material particular. 3
Maximum penalty--100 penalty units or imprisonment for 6 months. 4
(2) It is enough for a complaint against a person for an offence against 5
subsection (1)(a) or (b) to state that the statement made was false or 6
misleading to the person's knowledge. 7
misleading or incomplete documents 8
False,
43.(1) A person must not give a document for this Act containing 9
information the person knows is false, misleading or incomplete in a 10
material particular. 11
Maximum penalty--100 penalty units or imprisonment for 6 months. 12
13
Example--
14
An applicant knowingly giving the chief executive an application form containing
15
false information.
(2) Subsection (1) does not apply to a person who, when giving the 16
document-- 17
(a) informs the person to whom the document is given, to the best of 18
the person's ability, how it is false, misleading or incomplete; and 19
(b) if the person giving the document has, or can reasonably obtain, 20
the correct information--gives the correct information. 21
(3) It is enough for a complaint against a person for an offence against 22
subsection (1) to state that the document was false, misleading or 23
incomplete to the person's knowledge. 24
person to be in control of premises and places 25
Authorised
44. A licensee must not leave licensed premises or a permit place in the 26
control of a person unless the person is a nominee for the licence or the 27
permit. 28
Maximum penalty--100 penalty units. 29
s 45 26 s 48
Wine Industry
licence or permit at licensed premises 1
Keeping
45.(1) A licensee must keep the licence at the main licensed premises, 2
unless the licensee has a reasonable excuse for not doing so. 3
Maximum penalty--25 penalty units. 4
(2) A licensee must keep the permit at the permit place, unless the 5
licensee has a reasonable excuse for not doing so. 6
Maximum penalty--25 penalty units. 7
of licence or permit 8
Production
46.(1) An investigator may ask the person who appears to be in control 9
of licensed premises or a permit place to produce the licence or permit for 10
inspection. 11
(2) The person must produce the licence or permit immediately for 12
inspection by the investigator, unless the person has a reasonable excuse for 13
not producing it. 14
Maximum penalty--25 penalty units. 15
(3) A person does not commit an offence against subsection (2) if at the 16
time the investigator asked the person to produce the licence or permit under 17
subsection (1), the person was not, in fact, in control of the licensed 18
premises or permit place. 19
to be given of change of business name 20
Notice
47. A licensee must notify the chief executive of a change in the 21
licensee's business name and must give the chief executive evidence of the 22
registration of the change under the Business Names Act 1962. 23
Maximum penalty--25 penalty units. 24
of change of licensee details 25
Notice
48.(1) Within 14 days after a change happens in the structure or nature of 26
the entity that holds a licence, the licensee must give the chief executive 27
written notice of the details of the change. 28
29
Examples of change to be notified--
s 49 27 s 49
Wine Industry
1
1. A change in the directors of a licensee that is a corporation.
2
2. A change in the beneficial ownership of a licensee that is a corporation.
Maximum penalty--100 penalty units. 3
(2) The chief executive, by written notice, may ask the licensee to give 4
further information or documents relevant to the change within the time 5
stated in the notice. 6
(3) The licensee must give the further information or documents to the 7
chief executive within the time stated in the notice, unless the licensee has a 8
reasonable excuse for not giving the further information or documents. 9
Maximum penalty--100 penalty units. 10
ART 4--INVESTIGATIONS 11
P
under Liquor Act may exercise their powers 12
Investigators
49.(1) An investigator may exercise the powers of an investigator under 13
Part 7 of the Liquor Act as if a reference in the Part to the Liquor Act were a 14
reference to the Wine Industry Act 1994. 15
(2) Subsection (1) does not apply to an investigator's powers under 16
sections 175 and 18713 of the Liquor Act. 17
(3) A reference in Part 7 of the Liquor Act-- 18
(a) to a licensee is a reference to a licensee under this Act; and 19
(b) to licensed premises is a reference to licensed premises or a 20
permit place under this Act; and 21
(c) to a licence or permit is a reference to a licence or permit under 22
this Act; and 23
(d) to liquor is a reference to wine under this Act. 24
(4) For this section, this Act is to be read together with the Liquor Act. 25
13 Sections 175 (Power to stop and search vehicles etc.) and 187 (Abatement of
nuisance or dangerous activity).
s 50 28 s 52
Wine Industry
ART 5--RECORDS AND ANNUAL FEES 1
P
1--Record keeping 2
Division
to be kept by licensee 3
Records
50.(1) A licensee must keep the records prescribed under the regulations. 4
Maximum penalty--350 penalty units. 5
(2) The licensee must-- 6
(a) keep the records in the way approved by the chief executive; and 7
(b) keep the records on the main licensed premises to which the 8
licence relates; and 9
(c) keep the records for 5 years after the harvest of the fruit, or the 10
making of the wine to which the records relate; and 11
(d) produce the records to an investigator if asked by the investigator; 12
and 13
(e) allow an investigator to take copies of the records. 14
Maximum penalty--350 penalty units. 15
to provide annual return 16
Licensee
51.(1) A licensee must, by the day prescribed under regulations, give to 17
the chief executive a return about the matters included in the licensee's 18
records. 19
Maximum penalty--350 penalty units. 20
(2) The return must be made in a form approved by the chief executive 21
and include the particulars prescribed under the regulations. 22
Maximum penalty--350 penalty units. 23
or misleading records or returns 24
False
52.(1) A person must not-- 25
s 53 29 s 54
Wine Industry
(a) keep records, or provide a return, for this Act that the person 1
knows is false or misleading in a material particular; or 2
(b) omit from a record or return made for this Act anything without 3
which the record or return is, to the person's knowledge, 4
misleading in a material particular. 5
Maximum penalty--100 penalty units or imprisonment for 6 months. 6
(2) It is enough for a complaint against a person for an offence against 7
subsection (1)(a) or (b) to state that the record or return made was false or 8
misleading to the person's knowledge. 9
Division 2--Annual fee 10
of fee 11
Payment
53.(1) A licensee must pay a fee for the licence on an annual basis. 12
(2) The amount of the fee is the amount prescribed under the regulations. 13
(3) The fee is not payable until the licensee receives a notice stating-- 14
(a) the amount of the fee payable; and 15
(b) the day by which the fee is payable. 16
and cancellation for failure to pay fee 17
Suspension
54.(1) If a fee payable for a licence is not paid when it is payable, the 18
licence is immediately suspended and is cancelled at the end of 14 days. 19
(2) However, if within the 14 days, the fee is paid to the department in 20
cash or by bank cheque or electronic funds transfer, the suspension is lifted 21
from the time of payment and the cancellation does not take effect. 22
s 55 30 s 58
Wine Industry
ART 6--QUEENSLAND WINE INDUSTRY POLICY 1
P
COUNCIL 2
and functions of Council 3
Establishment
55.(1) The Minister may establish the Queensland Wine Industry Policy 4
Council. 5
(2) The Council must perform the functions prescribed under the 6
regulations. 7
of Council members 8
Appointment
56.(1) The Minister may appoint persons to be members of the Council. 9
(2) The regulations may prescribe-- 10
(a) the number of members; and 11
(b) matters to which the Minister must have regard when appointing 12
members, including, for example, qualifications. 13
PART 7--ADMINISTRATION 14
15
Delegation
57. The chief executive may delegate the chief executive's powers to an 16
officer or employee of the department. 17
of licences and permits 18
Register
58.(1) The chief executive must keep a register of licences and permits. 19
(2) The register must contain the particulars the chief executive considers 20
necessary or desirable for the effective administration of this Act, including, 21
for example, names and addresses of licensees, nominees and transferees. 22
s 59 31 s 61
Wine Industry
open to inspection 1
Register
59. The chief executive must keep the register open for inspection at the 2
department in Brisbane14-- 3
(a) by an investigator while performing duties under this Act or the 4
Liquor Act--free of charge; and 5
(b) by anyone else--on payment of the fee prescribed under the 6
regulations. 7
from liability 8
Protection
60.(1) The chief executive, an officer or employee of the department and 9
an investigator do not incur civil liability for an act done, or omission made, 10
honestly and without negligence under this Act. 11
(2) If subsection (1) prevents a civil liability attaching to a person, the 12
liability attaches instead to the State. 13
ART 8--MISCELLANEOUS 14
P
of legislation 15
Review
61.(1) The Minister must ensure a review of this Act is performed 16
5 years after the commencement. 17
(2) The review must consider, and make recommendations to the 18
Minster about-- 19
(a) amending the Act as is considered appropriate; and 20
(b) the situation in other States about the assessment and payment of 21
licence fees. 22
14 The department's office in Brisbane is located at Mineral House, 41 George
Street, Brisbane.
s 62 32 s 64
Wine Industry
1
Regulations
62. The Governor in Council may make regulations under this Act. 2
ART 9--TRANSITIONAL PROVISIONS 3
P
4
Definitions
63. In this Part-- 5
"repealed Act" means the Wine Industry Act 1974. 6
of existing registrations 7
Continuation
64.(1) A certificate of registration that was granted under the repealed Act 8
and is in force immediately before the commencement (an "existing 9
registration") has effect after the commencement, according to its terms, 10
as if it were a licence granted by the chief executive under this Act. 11
(2) As soon as is practicable after the commencement, the chief executive 12
must perform a review of the existing registrations. 13
(3) If, after an existing registration has been reviewed, the chief executive 14
decides a person who holds a certificate of registration under the repealed 15
Act-- 16
(a) is a person who grows fruit in the State from which wine is made 17
or makes wine in the State--the chief executive must grant the 18
person a licence; or 19
(b) is not a person mentioned in paragraph (a)--the person must, if 20
the person is to continue selling wine, apply for a licence under 21
the Liquor Act. 22
(4) A person mentioned is subsection (3)(b) is taken to be a licensee 23
under this Act for 6 months after the person is given notice of the chief 24
executive's decision about the person's certificate or the person is granted a 25
licence under the Liquor Act, whichever is the sooner. 26
(5) This section expires 1 year after the commencement or, if another 27
s 65 33 s 67
Wine Industry
date (no longer than 2 years after the commencement) is prescribed under 1
the regulations, on that date. 2
regulations 3
Transitional
65.(1) The Governor in Council may make regulations about any matter 4
for which-- 5
(a) it is necessary or convenient to assist the transition from the 6
operation of the repealed Act to the operation of this Act; and 7
(b) this Act does not make provision or enough provision. 8
(2) A regulation may be given retrospective operation to a date not earlier 9
than the commencement. 10
(3) This section expires 1 year after it commences. 11
PART 10--REPEALS AND AMENDMENTS 12
repealed 13
Acts
66. The following Acts are repealed-- 14
· Wine Industry Act 1974 No. 45 15
· Wine Industry Act Amendment Act 1974 No. 54 16
· Wine Industry Act Amendment Act 1982 No. 66. 17
amended--Sch 1 18
Acts
67. Schedule 1 amends the Acts mentioned in it. 19
20
34
Wine Industry
CHEDULE 1 1
ˇS
CONSEQUENTIAL AMENDMENTS 2
section 67 3
LIQUOR ACT 1992 4
´
1. Section 4, definition "wine"-- 5
omit, insert-- 6
` "wine" has the meaning given by the Wine Industry Act 1994.'. 7
2. Section 21(1), after `made to it under this Act'-- 8
insert-- 9
`or another Act'. 10
3. Section 169(a)(i)-- 11
omit, insert-- 12
`(i) in the case of wine--the sale is made under the authority of a 13
licence or permit under this Act or the Wine Industry Act 14
1994; or'. 15
4. Section 203(1)(a)(ii)-- 16
omit, insert-- 17
`(ii) a limited licence relating to premises used for the conduct of 18
a business by a person who holds a licence under the Wine 19
Industry Act 1994;'. 20
35
Wine Industry
SCHEDULE 1 (continued)
5. Section 203(1)(c), from `certificate' to `vigneron--vintner'-- 1
omit, insert-- 2
`licence under the Wine Industry Act 1994'. 3
6. Section 203(1)(c)(ii), after `wines'-- 4
insert-- 5
`, other than the licensee's wine,'. 6
7. Section 203-- 7
insert-- 8
`(6) In this section-- 9
"licensee's wine" has the meaning given in the Wine Industry Act 1994.'. 10
8. Section 205(2)(b)-- 11
omit, insert-- 12
`(b) a limited licence relating to premises used for the conduct of a 13
business selling wines by a person who holds a licence under the 14
Wine Industry Act 1994;'. 15
9. Section 205(3)(b) and (c)-- 16
omit, insert-- 17
`(b) a limited licence relating to premises used for the conduct of a 18
business selling wine by a person who holds a licence under the 19
Wine Industry Act 1994;'. 20
36
Wine Industry
SCHEDULE 1 (continued)
TRADING (ALLOWABLE HOURS) ACT 1990 1
´
1. Section 5(2)(s)-- 2
omit, insert-- 3
`(s) licensed premises under the Liquor Act 1992 or the Wine Industry 4
Act 1994; or'. 5
2. Section 33(2)(d)-- 6
omit, insert-- 7
`(d) on licensed premises under the Liquor Act 1992 or the Wine 8
Industry Act 1994; or'. 9
10
37
Wine Industry
CHEDULE 2 1
ˇS
ICTIONARY 2
D
section 4 3
"acceptable evidence of age" of a person means a document that is 4
acceptable evidence of age of the person under section 6 of the Liquor 5
Act.15 6
"blended wine" see section 16. 7
"criminal history" of a person means the person's criminal record within 8
the meaning of the Criminal Law (Rehabilitation of Offenders) 9
Act 1986 and, despite section 6 of that Act, includes a conviction to 10
which the section applies. 11
"fruit" includes-- 12
15 Section 6 of the Liquor Act provides as follows--
`Acceptable evidence of age
6. For the purposes of this Act, acceptable evidence of the age of a person is a
document--
(a) that is--
(i) a proof of age card issued to the person--
(A) by a department prescribed under the regulations or an entity
of another State or a Territory performing functions similar to
the functions of the department; or
(B) by an entity approved in writing by the chief executive; or
(ii) a motor vehicle driver's or rider's licence or permit issued to the
person under a law of the State or a law of another State or a
Territory; or
(iii) an Australian or foreign passport issued to the person; and
(b) that bears a photograph of the person; and
(c) that indicates by reference to the person's date of birth or otherwise that
the person has attained a particular age.'.
38
Wine Industry
SCHEDULE 2 (continued)
(a) the juices of fruit used to make wine; and 1
(b) honey used to make mead. 2
"investigator" means a person authorised under section 174(1)16 of the 3
Liquor Act 1992 or a police officer. 4
"licence" means a licence under this Act. 5
"licensed premises" of a licence means premises stated in the licence as the 6
main premises and other premises approved under section 15(3)17 for 7
the licence. 8
"licensee" means a person who holds a licence. 9
"licensee's wine" means-- 10
(a) wine made from fruit grown in the State by the licensee; or 11
(b) wine made in the State by the licensee. 12
"Liquor Act" means the Liquor Act 1992. 13
"main premises" means the premises stated in the licence to be the main 14
premises for the licence. 15
"permit" means a permit granted under section 32.18 16
"permit place" means a place stated in the permit to be a permit place for 17
the licence. 18
"premises" includes land, and a building or structure on or in land. 19
20
Examples--
21
vineyard, apiary or orchard.
"provide wine" to a person means-- 22
(a) supply wine to the person; or 23
16 Section 174 (Investigators).
17 Section 15 (Licence authorises sale of wine from licensed premises).
18 Section 32 (Permits).
39
Wine Industry
SCHEDULE 2 (continued)
(b) allow wine to be supplied to the person; or 1
(c) allow wine to be consumed by the person. 2
"register" means the register of licences and permits kept by the chief 3
executive under section 58.19 4
"sell" has the meaning given by the Liquor Act.20 5
"Tribunal" has the meaning given by the Liquor Act. 6
"unduly intoxicated" has the meaning given by the Liquor Act.21 7
"wine" means any of the following fermented or distilled fluids of an 8
intoxicating nature intended for human consumption-- 9
(a) a fluid resulting form the complete or partial fermentation of only 10
19 Section 58 (Register of licences and permits).
20 Section 4 of the Liquor Act defines "sell" as follows--
` "sell" includes--
(a) barter or exchange; and
(b) offer, agree or attempt to sell; and
(c) expose, send, forward or deliver for sale; and
(d) cause or permit to be sold or offered for sale; and
(e) supply or offer, agree or attempt to supply--
(i) in circumstances in which the supplier derives, or would be likely to
derive, a direct or indirect pecuniary benefit; or
(ii) gratuitously, but to gain or keep custom or other commercial
advantage.'.
21 Section 4 of the Liquor Act defines "unduly intoxicated" as follows--
` "unduly intoxicated" means a state of being in which a person's mental and
physical faculties are impaired because of consumption of liquor so as to
diminish the person's ability to think and act in a way in which an ordinary
prudent person in full possession of his or her faculties, and using reasonable
care, would act under like circumstances.'.
40
Wine Industry
SCHEDULE 2 (continued)
grapes and, at 20° C, containing ethyl alcohol (ethanol) of at least 1
80 mL/L (8%); 2
(b) a fluid resulting from the complete or partial fermentation of fruit 3
(other than wholly from grapes) and, at 20° C, containing ethyl 4
alcohol (ethanol) of at least 11.5 mL/L (1.15%); 5
(c) a fluid resulting from the complete or partial fermentation of 6
honey and at 20° C, containing ethyl alcohol (ethanol) of at least 7
11.5 mL/L (1.15%); 8
(d) a fluid resulting from the distillation of any fruit to obtain a fluid 9
possessing the taste, aroma and other characteristics generally 10
attributed to brandy and, at 20° C, containing ethyl alcohol 11
(ethanol) of at least 250 mL/L (25%); 12
(e) a fluid resulting from adding a fluid mentioned in paragraph (d) 13
with a fluid mentioned in paragraph (a), (b) or (c) and, at 20° C, 14
containing ethyl alcohol (ethanol) of at least 170 mL/L (17%). 15
16
Examples of paragraphs (a) to (e)--22
17
(a) table wine and sparkling wine;
18
(b) cider, perry and other fruit and vegetable wines;
19
(c) mead and sparkling mead;
20
(d) brandy and fruit brandy including Calvados, Fraise, Framboise, Kirsch,
21
Kirschwasser, Quetsch, Mirabella and Slivovitz;
22
(e) frontignac, madeira, marsala, muscat, port, sherry, tokay, fortified mead
23
and other fortified fruit and vegetable wines.
24
© State of Queensland 1994
22 For further information about the types of wine covered by this definition, P2, P3
and P4 of the Australian Food Standards Code should be considered.
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