Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 39J

Failure to keep a record in accordance with requirements

  (1)   A person commits an offence if:

  (a)   the person is a person to whom this Part applies; and

  (b)   the person is required to keep records in relation to wine goods under subsections   39F(1) and (2); and

  (c)   the person has not kept a record in accordance with subsection   39F(1) or (2), or section   39H, in relation to the wine goods.

Penalty:   2 years imprisonment.

Label claims not supported by records

  (2)   A person commits an offence if:

  (a)   the person is a person to whom this Part applies; and

  (b)   the person is required to keep records in relation to wine goods under subsections   39F(1) and (2); and

  (c)   the person makes a label claim in relation to the wine goods; and

  (d)   either:

  (i)   a record kept by the person under those subsections in relation to the wine goods conflicts with the label claim; or

  (ii)   the records kept by the person under those subsections are inadequate to support the label claim.

Penalty:   2 years imprisonment.

Keeping a false or misleading record

  (3)   A person commits an offence if:

  (a)   the person is a person to whom this Part applies; and

  (b)   the person is required to keep records under subsections   39F(1) and (2) in relation to wine goods; and

  (c)   a record kept by the person under those subsections is false or misleading; and

  (d)   the person knows the record is false or misleading.

Penalty:   2 years imprisonment.

  (4)   Subsection   ( 3) does not apply if the record is not false or misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 4). (See subsection   13.3(3) of the Criminal Code .)