Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 40T

  (1)   In determining a geographical indication, the Committee must:

  (a)   identify in the determination the boundaries of the area or areas in the region or locality to which the determination relates; and

  (b)   determine the indication to be used to indicate that area or those areas ; and

  (c)   determine any conditions of use that are to be applicable to the geographical indication.

  (2)   If the regulations prescribe criteria for use by the Committee in determining a geographical indication, the Committee is to have regard to those criteria.

  (3)   When making a determination as a result of an application, the Committee may do either or both of the following:

  (a)   determine an area or areas having boundaries different from those stated in the application;

  (b)   determine an indication to be used to indicate the area or areas constituting the geographical indication that is different from an indication proposed in the application.

  (4)   In determining a geographical indication, the Committee must not consider any submission to the extent that the submission asserts a trade mark right in respect of the proposed geographical indication.