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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Grape and Wine Authority
Amendment (Wine Australia) Bill 2017
No. , 2017
(Agriculture and Water Resources)
A Bill for an Act to amend the law relating to wine,
international wine tourism and complementary
services, products and experiences, and for related
purposes
No. , 2017
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendment of the Australian Grape and Wine
Authority Act 2013
3
Part 1--Main amendments
3
Australian Grape and Wine Authority Act 2013
3
Part 2--Consequential amendments
7
Freedom of Information Act 1982
7
Primary Industries (Customs) Charges Act 1999
7
Primary Industries (Excise) Levies Act 1999
7
Primary Industries Levies and Charges Collection Act 1991
8
Part 3--Transitional provisions
9
Division 1--Definitions
9
Division 2--Australian Grape and Wine Authority
9
Division 3--Authority Selection Committee
10
Division 4--Rules
11
No. , 2017
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
1
A Bill for an Act to amend the law relating to wine,
1
international wine tourism and complementary
2
services, products and experiences, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Australian Grape and Wine Authority Amendment
7
(Wine Australia) Act 2017.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendment of the Australian Grape and Wine Authority Act 2013 Schedule 1
Main amendments Part 1
No. , 2017
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
3
Schedule 1--Amendment of the Australian
1
Grape and Wine Authority Act 2013
2
Part 1--Main amendments
3
Australian Grape and Wine Authority Act 2013
4
1 Title
5
Omit "the Australian Grape and Wine Authority", substitute "Wine
6
Australia".
7
2 Section 1
8
Omit "Australian Grape and Wine Authority", substitute "Wine
9
Australia".
10
Note:
This item amends the short title of the Act. If another amendment of the Act is
11
described by reference to the Act's previous short title, that other amendment has effect
12
after the commencement of this item as an amendment of the Act under its amended
13
short title (see section 10 of the Acts Interpretation Act 1901).
14
3 After paragraph 3(a)
15
Insert:
16
(aa) to support the growth of the wine industry, and other
17
industries that make wine (within the meaning of
18
section 33-1 of the A New Tax System (Wine Equalisation
19
Tax) Act 1999); and
20
(ab) to support the growth of international wine tourism, and
21
services, products and experiences that complement
22
international wine tourism; and
23
4 Subsection 4(1) (definition of Authority)
24
Omit "the Australian Grape and Wine Authority", substitute "the
25
authority known as Wine Australia".
26
5 Subsection 4(1) (definition of Authority Selection
27
Committee)
28
Omit "Australian Grape and Wine Authority", substitute "Wine
29
Australia".
30
Schedule 1 Amendment of the Australian Grape and Wine Authority Act 2013
Part 1 Main amendments
4
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
No. , 2017
6 Subsection 4(1)
1
Insert:
2
international wine tourism means tourism undertaken by
3
international tourists in Australia for the purposes of, or relating to,
4
tasting, consuming or purchasing wine.
5
7 Part II (heading)
6
Repeal the heading, substitute:
7
Part II--Wine Australia
8
8 Section 6
9
Repeal the section, substitute:
10
6 Wine Australia
11
(1) This section applies to the body corporate that was established by
12
section 6 of the Australian Grape and Wine Authority Act 2013 (as
13
in force immediately before the commencement of this section).
14
(2) That body corporate continues in existence by force of this section
15
as a body corporate, under and subject to the provisions of this Act,
16
under the name Wine Australia.
17
Note 1:
In this Act, Authority means the authority known as Wine Australia--
18
see section 4.
19
Note 2:
Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a
20
body whose name is altered by an Act continues in existence under the
21
new name so that its identity is not affected.
22
9 After paragraph 7(e)
23
Insert:
24
(ea) to implement, facilitate and administer programs, as directed
25
by the Minister, in relation to:
26
(i) wine; and
27
(ii) cider (as defined by section 33-1 of the A New Tax
28
System (Wine Equalisation Tax) Act 1999); and
29
Amendment of the Australian Grape and Wine Authority Act 2013 Schedule 1
Main amendments Part 1
No. , 2017
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
5
(iii) international wine tourism, and services, products and
1
experiences that complement international wine
2
tourism;
3
(eb) to administer grant programs in relation to wine (as defined
4
by section 33-1 of the A New Tax System (Wine Equalisation
5
Tax) Act 1999), as directed by the Minister;
6
10 After paragraph 7A(a)
7
Insert:
8
(aa) for purposes relating to bounties on the production or export
9
of goods; or
10
11 After section 7A
11
Insert:
12
7B Uniformity
13
A power conferred on any person by this Act must not be exercised
14
in such a manner that bounty would not be uniform throughout the
15
Commonwealth within the meaning of paragraph 51(iii) of the
16
Constitution.
17
12 Paragraphs 8(2)(i) and (j)
18
Repeal the paragraphs.
19
13 Subsection 8(2F)
20
Omit "Australian Grape and Wine Authority" (wherever occurring),
21
substitute "Wine Australia".
22
14 Section 10
23
After "arrangements or agreements", insert "(including arrangements or
24
agreements under which money is, or may become, payable by the
25
Commonwealth)".
26
15 At the end of section 10
27
Add:
28
Note:
For a grant of financial assistance to a State relating to grape or wine
29
research and development activities, see section 10C.
30
Schedule 1 Amendment of the Australian Grape and Wine Authority Act 2013
Part 1 Main amendments
6
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
No. , 2017
16 Part IV (heading)
1
Repeal the heading, substitute:
2
Part IV--Wine Australia Selection Committee
3
17 Section 27A
4
Omit "establishes the Australian Grape and Wine Authority", substitute
5
"deals with the Authority".
6
18 Section 27B
7
Repeal the section, substitute:
8
27B Authority Selection Committee
9
(1) This section applies to the committee that was established by
10
section 27B of the Australian Grape and Wine Authority Act 2013
11
(as in force immediately before the commencement of this section).
12
(2) That committee continues in existence by force of this section as a
13
committee, under and subject to the provisions of this Act, under
14
the name Wine Australia Selection Committee.
15
Note 1:
In this Act, Authority Selection Committee means the Wine Australia
16
Selection Committee--see section 4.
17
Note 2:
Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a
18
body whose name is altered by an Act continues in existence under the
19
new name so that its identity is not affected.
20
19 Subsection 40Y(2)
21
Omit "Australian Grape and Wine Authority" (wherever occurring),
22
substitute "Wine Australia".
23
Amendment of the Australian Grape and Wine Authority Act 2013 Schedule 1
Consequential amendments Part 2
No. , 2017
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
7
Part 2--Consequential amendments
1
Freedom of Information Act 1982
2
20 Part III of Schedule 2
3
Omit "Australian Grape and Wine Authority Act 2013".
4
21 At the end of Part III of Schedule 2
5
Add "Wine Australia Act 2013".
6
Primary Industries (Customs) Charges Act 1999
7
22 Subclause 5(3) of Schedule 13
8
Omit "the Australian Grape and Wine Authority established under the
9
Australian Grape and Wine Authority", substitute "Wine Australia
10
continued in existence under the Wine Australia".
11
23 Subclause 5(4) of Schedule 13
12
Omit "the Australian Grape and Wine Authority", substitute "Wine
13
Australia".
14
24 Subclause 5(4) of Schedule 13
15
Omit "the Authority", substitute "Wine Australia".
16
Primary Industries (Excise) Levies Act 1999
17
25 Clause 1 of Schedule 13 (definition of representative
18
organisation)
19
Omit "Australian Grape and Wine Authority", substitute "Wine
20
Australia".
21
26 Clause 1 of Schedule 26 (definition of declared
22
winemakers' organisation)
23
Omit "Australian Grape and Wine Authority", substitute "Wine
24
Australia".
25
Schedule 1 Amendment of the Australian Grape and Wine Authority Act 2013
Part 2 Consequential amendments
8
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
No. , 2017
27 Subclause 9(8) of Schedule 26
1
Omit "the Australian Grape and Wine Authority established under the
2
Australian Grape and Wine Authority", substitute "Wine Australia
3
continued in existence under the Wine Australia".
4
28 Subclause 9(9) of Schedule 26
5
Omit "the Australian Grape and Wine Authority", substitute "Wine
6
Australia".
7
Primary Industries Levies and Charges Collection Act 1991
8
29 Paragraph 27A(2)(c)
9
Omit "the Australian Grape and Wine Authority established by
10
section 6 of the Australian Grape and Wine Authority", substitute
11
"Wine Australia continued in existence by section 6 of the Wine
12
Australia".
13
Amendment of the Australian Grape and Wine Authority Act 2013 Schedule 1
Transitional provisions Part 3
No. , 2017
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
9
Part 3--Transitional provisions
1
Division 1
--Definitions
2
30 Definitions
3
In this Part:
4
asset means:
5
(a) any legal or equitable estate or interest in real or personal
6
property, whether actual, contingent or prospective; or
7
(b) any right, power, privilege or immunity, whether actual,
8
contingent or prospective.
9
continued Committee means the Authority Selection Committee as
10
continued under section 27B of the Wine Australia Act 2013 after the
11
transition time.
12
instrument includes an Act and any instrument made under an Act.
13
liability means any liability, duty or obligation, whether actual,
14
contingent or prospective.
15
old Committee means the Authority Selection Committee as established
16
under section 27B of the Australian Grape and Wine Authority Act
17
2013 and in existence immediately before the transition time.
18
transition time means the commencement of this Schedule.
19
Division 2
--Australian Grape and Wine Authority
20
31 Object
21
The object of this Division is to avoid doubt about the effect of
22
continuing the existence of the body corporate Wine Australia,
23
previously known as the Australian Grape and Wine Authority, on
24
certain matters.
25
32 Assets and liabilities of the Australian Grape and Wine
26
Authority
27
Assets and liabilities of the Australian Grape and Wine Authority
28
immediately before the transition time continue, after the transition
29
time, to be assets and liabilities of Wine Australia (without any
30
conveyance, transfer or assignment).
31
Schedule 1 Amendment of the Australian Grape and Wine Authority Act 2013
Part 3 Transitional provisions
10
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
No. , 2017
33 References in instruments to the Australian Grape and
1
Wine Authority
2
A reference to the Australian Grape and Wine Authority in an
3
instrument that is in force immediately before the transition time has
4
effect, after the transition time, as a reference to Wine Australia.
5
34 Effect of things done by, or in relation to, the Australian
6
Grape and Wine Authority
7
A thing done by, or in relation to, the Australian Grape and Wine
8
Authority before the transition time has effect, after the transition time,
9
as if it had been done by, or in relation to, Wine Australia.
10
35 Legal proceedings
11
If any proceedings to which the Australian Grape and Wine Authority is
12
a party are pending in a court or tribunal immediately before the
13
transition time, Wine Australia is, after the transition time, that party to
14
those proceedings.
15
Division 3
--Authority Selection Committee
16
36 Object
17
The object of this Division is to avoid doubt about the effect of
18
continuing the existence of the Authority Selection Committee under
19
section 27B of the Wine Australia Act 2013 on certain matters.
20
37 References in instruments to the Authority Selection
21
Committee
22
A reference to the old Committee in an instrument that is in force
23
immediately before the transition time has effect, after the transition
24
time, as a reference to the continued Committee.
25
38 Effect of things done by, or in relation to, the Authority
26
Selection Committee
27
A thing done by, or in relation to, the old Committee before the
28
transition time has effect, after the transition time, as if it had been done
29
by, or in relation to, the continued Committee.
30
Note:
For example, any request for nominations made under section 27E of the Australian
31
Grape and Wine Authority Act 2013 in relation to the old Committee before the
32
Amendment of the Australian Grape and Wine Authority Act 2013 Schedule 1
Transitional provisions Part 3
No. , 2017
Australian Grape and Wine Authority Amendment (Wine Australia) Bill
2017
11
transition time has effect, after the transition time, as if it had been made under that
1
section in relation to the continued Committee.
2
Division 4
--Rules
3
39 Rules
4
(1)
The Minister may, by legislative instrument, make rules prescribing
5
matters of a transitional nature (including prescribing any saving or
6
application provisions) relating to the amendments or repeals made by
7
this Act.
8
(2)
To avoid doubt, the rules may not do the following:
9
(a) create an offence or civil penalty;
10
(b) provide powers of:
11
(i) arrest or detention; or
12
(ii) entry, search or seizure;
13
(c) impose a tax;
14
(d) set an amount to be appropriated from the Consolidated
15
Revenue Fund under an appropriation in this Act;
16
(e) directly amend the text of this Act.
17
(3)
This Part (other than subitem (2)) does not limit the rules that may be
18
made for the purposes of subitem (1).
19