Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
(a) if an agreement relating to trade in wine is in force between the European Community and Australia --an EC country; and
(b) if an agreement relating to trade in wine is in force between a foreign country (other than an EC country) and Australia and is declared by the regulations to be a prescribed wine - trading agreement--that foreign country.
"annual general meeting" means a meeting that is convened under section 29W.
"annual operational plan" means an annual operational plan developed by the Authority under section 31F.
"Australia" includes all the external Territories.
"Authority" means the authority known as Wine Australia .
Note: See section 6.
"Authority Selection Committee" means the Wine Australia Selection Committee.
"blend" means wine manufactured by blending wines of different vintages, varieties or geographical indications.
"blending requirements" means requirements relating to the blending of wines of different varieties, geographical indications or vintages, or any combination of the above.
"Chair" means the Chair of the Authority.
"corporate plan" means a corporate plan prepared by the Authority under section 31 or 31A.
"corporation" , in Part V IB, means a body corporate that:
(a) is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or
(b) is a trading corporation within the meaning of that paragraph that is formed within the limits of Australia ; or
(c) is incorporated in a Territory.
"country" has a meaning affected by subsection ( 2).
"declared wine grape growers organisation" means an organisation in relation to which a declaration is in force under section 5B.
"declared winemakers organisation" means an organisation declared to be a declared winemakers organisation by a declaration in force under section 5A.
"Deputy Chair" means the Deputy Chair of the Authority.
"description" , in relation to wine, has a meaning affected by section 5C.
"designated foreign country" has the meaning given by subsection 40K(3).
"director" means a director of the Authority, and includes the Chair.
"dried grapes" means grapes containing less than 60% of moisture.
"EC country" means a country that is a member of the European Community and, during the UK withdrawal transition period, includes the United Kingdom .
(a) any document required to be kept:
(i) in relation to Part V IA--under Part V IA; or
(ii) in relation to Part V IB--under Part V IB; or
(iii) in relation to Part V II--under Part V II; or
(b) any wine label or other document relating to the vintage, variety or geographical indication of wine goods; or
(c) any document relating to advertising the vintage, variety or geographical indication of wine goods; or
(d) any other document that is relevant to monitoring or enforcing compliance with a label law.
"export" means export from Australia .
"Federal Court" means the Federal Court of Australia.
"fresh grapes" means grapes containing not less than 60% of moisture.
"funding agreement" means an agreement under subsection 35(1C).
"general component" , in relation to wine grapes levy, means the part of the levy mentioned in paragraph 7(1)(a) of Schedule 26 to the Primary Industries (Excise) Levies Act 1999 .
"geographical indication" , in relation to wine goods, means an indication that identifies the goods as originating in a country, or in a region or locality in that country, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin.
"grape extract" means grape juice, must, or concentrate obtained from grapes.
"grape industry" means the industry in Australia concerned with the production of grapes for processing, other than processing by drying.
"grape or wine research and development" means systematic experimentation and analysis in any field of science, technology or economics (including the study of the social or environmental consequences of the adoption of new technology) carried out with the object of:
(a) acquiring knowledge that may be of use in obtaining or furthering an objective of the grape industry or the wine industry; or
(b) applying such knowledge for the purpose of attaining or furthering such an objective.
For this purpose, knowledge includes knowledge that may be of use for the purpose of improving any aspect of the production, processing, storage, transport or marketing of goods that are the produce, or that are derived from the produce, of the grape industry or the wine industry.
"grape or wine research and development activity" means:
(a) a grape or wine research and development project; or
(b) the training of persons to carry out grape or wine research and development; or
(c) the dissemination of information, or the provision of advice or assistance, to persons or organisations engaged in any aspect of:
(i) the grape industry or the wine industry; or
(ii) the production, processing, storage, transport or marketing of goods that are the produce, or that are derived from the produce, of the grape industry or the wine industry;
for the purpose of encouraging those persons or organisations to adopt technical developments designed or adapted to improve:
(iii) that aspect of the grape industry or the wine industry; or
(iv) that production, processing, storage, transport or marketing; or
(d) the publication of reports, periodicals, books or papers containing information that is related to grape or wine research and development; or
(e) an activity incidental to an activity referred to in paragraph ( a), (b), (c) or (d).
(a) wine manufactured in Australia from prescribed goods;
(b) brandy distilled in Australia from any such wine;
(c) grape spirit manufactured in Australia from prescribed goods and suitable for the fortifying of wine or the manufacture of brandy; or
(d) a product (being prescribed goods or a product derived in whole or in part from prescribed goods) declared by the regulations to be a grape product for the purposes of this Act.
"grape product label" means a label attached to, or writing or other sign appearing on, a bottle or other package of a grape product.
"grapes research levy" means levy imposed by Schedule 13 to the Primary Industries (Excise) Levies Act 1999 .
"inspection power" , in relation to wine premises, means:
(a) power to search any part of the premises; or
(b) power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any wine goods or other thing on the premises; or
(c) power to take extracts from, and make copies of, any examinable documents on the premises; or
(d) power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising any other inspection power on the premises.
"inspector" means a person appointed under section 39ZA.
"international wine tourism" means tourism undertaken by international tourists in Australia for the purposes of, or relating to, tasting, consuming or purchasing wine.
"label claim" , in relation to wine goods:
(a) means a written claim that is made or implied about the wine goods' vintage, variety or prescribed geographical indication, including such a claim that is made or implied:
(ii) in a record that is required to be kept under section 39F; or
(iii) in any other commercial document; or
(b) includes such a claim about the vintage, variety or prescribed geographical indication of any other wine goods from which the wine goods were manufactured.
(ii) regulations made for the purposes of that Part; and
(iii) another law of the Commonwealth relating to the description of wine goods; and
(iv) a law of a State or an internal Territory relating to the description of wine goods; and
(ii) regulations made for the purposes of Part V IB; and
(c) in relation to Part V II--regulations made under this Act relating to the export of grape products from Australia.
(a) in relation to Part V IA--an offence against a label law (within the meaning of paragraph ( a) of the definition of label law ); and
(b) in relation to Part V IB--an offence against a label law (within the meaning of paragraph ( b) of the definition of label law ); and
(c) in relation to Part V II--an offence against section 44.
"manufacture" wine includes making a blend.
"manufacturer" of wine goods means a person who operates an establishment at which:
(b) grape extract is manufactured, being grape extract that is used or intended to be used in manufacturing wine; or
(c) wine goods are otherwise processed, modified or packaged.
"modify" , in relation to oenological practices and processes, or compositional requirements, includes:
(a) add one or more practices or processes, or compositional requirements; and
(b) vary any one or more of the practices or processes, or of the compositional requirements; and
(c) omit any one or more of the practices or processes, or of the compositional requirements.
"national food standard" means a national standard within the meaning of the Imported Food Control Act 1992 .
"organisation" means any body of persons, whether a body corporate or an unincorporated body.
"originate" , in relation to wine or grape extract that is used or intended to be used in manufacturing wine , has the meaning given by section 5D.
"package" , in relation to a grape product, means a container in which the grape product is sold or transferred for sale.
"pending" , in relation to an application for the registration of a trade mark under the Trade Marks Act 1995 , has the meaning given in that Act.
"personal information" has the same meaning as in the Privacy Act 1988 .
"prescribed geographical indication" means a geographical indication that is prescribed by the regulations for the purposes of this definition.
(c) grape juice, whether single - strength or concentrated.
"prescribed wine-trading agreement" means:
(a) an agreement relating to trade in wine that is in force between the European Economic Community and Australia ; or
(b) an agreement relating to trade in wine that is in force between a foreign country (other than an EC country) and Australia and is declared by the regulations to be a prescribed wine - trading agreement.
"presentation" , in relation to wine, has a meaning affected by section 5C.
"principal employee" means the person holding the position of principal employee (however described) of the Authority .
"protection date" for a registered traditional expression has the meaning given by subsection 40DB(6).
"Register" means the Register of Protected Geographical Indications and Other Terms kept under section 40ZC.
"registered" means included in the Register.
"registered additional term" means a term that is included in Part 4 of the Register.
"registered conditions of use" , in relation to:
(a) a registered geographical indication; or
(b) a registered translation of such an indication; or
(c) a registered traditional expression; or
(d) a registered quality wine term; or
(e) a registered additional term;
means a condition of use included in the Register that is applicable to the geographical indication, translation, traditional expression, quality wine term or additional term (as the case may be).
"registered geographical indication" means a geographical indication that is included in Part 1 of the Register .
"registered owner" , in relation to a trade mark, means the person in whose name the trade mark is registered under the Trade Marks Act 1995 .
"registered quality wine term" means a term that is included in Part 3 of the Register.
"registered trade mark" means a trade mark whose particulars are entered in the Register of Trade Marks under the Trade Marks Act 1995 .
"registered traditional expression" means a traditional expression that is included in Part 2 of the Register .
"registered translation" of a registered geographical indication means a translation, included in Part 1 of the Register, of the registered geographical indication.
"Register of Trade Marks" means the register kept under section 207 of the Trade Marks Act 1995 .
"Registrar" means the Registrar of Protected Geographical Indications and Other Terms established under subsection 40ZA(1).
"relevant agency" has the meaning given by section 39ZL.
"representative organisation" has the meaning given by section 5BA.
"research component" , in relation to wine grapes levy, means the part of the levy mentioned in paragraph 7(1)(b) of Schedule 26 to the Primary Industries (Excise) Levies Act 1999 .
"sell" includes offer, expose or advertise for sale.
"trade mark" has the meaning given in the Trade Marks Act 1995 .
"traditional expression" , in relation to wine originating in a foreign country, means a traditionally used name referring, in particular, to the method of production or to the quality, colour or type of the wine.
"UK withdrawal transition period" means the period when transitional arrangements agreed between the United Kingdom and the European Union relating to trade are in force following the withdrawal of the United Kingdom from the European Union.
"vacancy" , in relation to the office of a director of the Authority, has a meaning affected by section 5E.
"variety" , in relation to wine or grape extract, means the variety of the grapes from which the wine or grape extract was obtained.
(a) in relation to grapes--the year (within the ordinary meaning of the term, as affected by subsection ( 2A)) in which the grapes were harvested; or
(b) in relation to wine or grape extract--the year (within the ordinary meaning of the term, as affected by subsection ( 2A)) in which the grapes from which the wine or extract was manufactured or obtained were harvested.
"wine" means an alcoholic beverage produced by the complete or partial fermentation of fresh grapes or products derived solely from fresh grapes, or both, and includes a grape product declared by the regulations to be wine for the purposes of this Act.
"wine export charge" means charge imposed by Schedule 13 to the Primary Industries (Customs) Charges Act 1999 .
(b) grapes, or grape extract, used or intended to be used in manufacturing wine.
"wine grapes levy" means levy imposed by Schedule 26 to the Primary Industries (Excise) Levies Act 1999 .
"wine industry" means the industry in Australia concerned with:
(a) the storage, distribution, marketing and sale of grape products; or
"wine label" means a label attached to, or writing or other sign appearing on, a bottle or other package of wine.
"wine premises" means any premises, place or conveyance where it is reasonable to assume that wine goods or examinable documents are or might be located.
"World Trade Organization" means the body of that name established by the WTO Agreement, done at Marrakesh on 15 April 1994.
Note: The text of the WTO Agreement is set out in Australian Treaty Series 1995 No. 8 ([1995] ATS 8). In 2009, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"year" means a period of 12 months commencing on 1 July .
Note: This definition does not apply in relation to the definition of vintage (see that definition and subsection ( 2A)).
(2) For the purposes of this Act, a reference to a country includes a reference to a member of the World Trade Organization.
(2A) For the purposes of the definition of vintage , grapes that are harvested on or after 1 September in a calendar year, and before or on 31 December of that calendar year, are taken to have been harvested in the next calendar year.
Parties to prescribed wine trading agreements
(3) If a prescribed wine trading agreement is in force between
the European Community and Australia , each EC country is taken, for the
purposes of this Act, to be a party to the agreement.