Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 40ZD

Parts of the Register

  (1)   The Register is to be divided into 4 parts as follows:

  (a)   Part   1 is to include:

  (i)   geographical indications in relation to wines originating in Australia, and any conditions of use applicable to those indications; and

  (ii)   geographical indications in relation to wines originating in a foreign country, any translations of those indications, and any conditions of use applicable to those indications or translations;

  (b)   Part   2 is to include traditional expressions in relation to wines originating in a foreign country, and any conditions of use applicable to those expressions;

  (c)   Part   3 is to include quality wine terms in relation to wines originating in Australia, and any conditions of use applicable to those terms;

  (d)   Part   4 is to include other terms (not being geographical indications, translations of geographical indications, traditional expressions, or terms referred to in paragraph   ( c)), in relation to wines, and any conditions of use applicable to those terms.

Particulars that must be included in Part   1 of the Register

  (2)   The Registrar must include in Part   1 of the Register (geographical indications), in accordance with the directions of the Authority , the following particulars:

  (a)   in relation to Australia:

  (i)   Australia; and

  (ii)   the name of each State and internal Territory; and

  (iii)   any geographical indication determined by the Committee under Division   4 to be a geographical indication in relation to wines originating in Australia; and

  (iv)   any region or locality in relation to which such a geographical indication is determined; and

  (v)   any conditions of use applicable to such a geographical indication;

  (b)   in relation to an agreement country:

  (i)   each geographical indication that, under a prescribed wine - trading agreement to which that country is a party, is a geographical indication in relation to wines originating in that country; and

  (ii)   any translation, recognised by that wine - trading agreement, of each such geographical indication; and

  (iii)   any region or locality in relation to which each such geographical indication is to be registered; and

  (iv)   any conditions of use applicable to a geographical indication referred to in subparagraph   ( i) or a translation referred to in subparagraph   ( ii);

  (c)   in relation to a foreign country (whether or not an agreement country):

  (i)   any geographical indication determined by the Committee, under regulations made for the purposes of Division   4B, to be a geographical indication in relation to wines originating in that country; and

  (ii)   any translation determined by the Committee, under regulations made for the purposes of Division   4B, to be a translation of such a geographical indication; and

  (iii)   any region or locality in relation to which each such geographical indication is determined; and

  (iv)   any conditions of use applicable to a geographical indication referred to in subparagraph   ( i) or a translation referred to in subparagraph   ( ii).

Particulars that must be included in Part   2 of the Register

  (2A)   The Registrar must include in Part   2 of the Register (traditional expressions), in accordance with the directions of the Authority , the following particulars:

  (a)   in relation to an agreement country:

  (i)   each traditional expression that is listed in relation to wines originating in that country in a prescribed wine - trading agreement to which that country is a party; and

  (ii)   each wine originating in that country that is listed in that wine - trading agreement in relation to each such traditional expression; and

  (iii)   each category of wine that is listed in that wine - trading agreement in relation to each such traditional expression; and

  (iv)   each language that is listed in that wine - trading agreement in relation to each such traditional expression; and

  (v)   any conditions of use applicable to each such traditional expression;

  (b)   in relation to a foreign country (whether or not an agreement country):

  (i)   each traditional expression that is listed in the laws and regulations of that country for the purpose of the description and presentation of wines originating in that country, and that is determined by the Authority ; and

  (ii)   each wine originating in that country that is listed in those laws and regulations in relation to such a traditional expression; and

  (iii)   each category of wine that is listed in those laws and regulations in relation to such a traditional expression; and

  (iv)   each language that is listed in those laws and regulations in relation to such a traditional expression; and

  (v)   any conditions of use applicable to each such traditional expression.

Particulars that must be included in Part   3 of the Register

  (2B)   The Registrar must include in Part   3 of the Register (quality wine terms), in accordance with the directions of the Authority , the following particulars:

  (a)   each term (a quality wine term ) that, under a prescribed wine - trading agreement to which Australia is a party, is a quality wine term in relation to wines originating in Australia;

  (b)   any region or locality in relation to which each such term is to be registered;

  (c)   any conditions of use applicable to each such term.

Particulars that must be included in Part   4 of the Register

  (2C)   The Registrar must include in Part   4 of the Register (additional terms), in accordance with the directions of the Authority , the following particulars:

  (a)   in relation to Australia:

  (i)   each term (other than a geographical indication or a quality wine term) that, under a prescribed wine - trading agreement to which Australia is a party, is required to be protected for the purpose of the description and presentation of wine originating in Australia; and

  (ii)   any other term that the Authority has determined is required to be protected for the purpose of the description and presentation of wine originating in Australia; and

  (iii)   any region or locality in relation to which a term referred to in subparagraph   ( i) or (ii) is to be registered; and

  (iv)   any conditions of use applicable to a term referred to in subparagraph   ( i) or (ii);

  (b)   in relation to an agreement country:

  (i)   each term (other than a geographical indication, a translation of a geographical indication, or a traditional expression) that, under a prescribed wine - trading agreement to which that country is a party, is required to be protected for the purpose of the description and presentation of wine originating in that country; and

  (ii)   any region or locality in relation to which each such term is to be registered; and

  (iii)   any conditions of use applicable to each such term;

  (c)   in relation to a foreign country (whether or not an agreement country):

  (i)   each term (other than a geographical indication, a translation of a geographical indication, or a traditional expression) that is recognised in the laws and regulations of that country for the purpose of the description and presentation of wine originating in that country, and that is determined by the Authority ; and

  (ii)   any region or locality in relation to which each such term is to be registered; and

  (iii)   any conditions of use applicable to each such term;

  (d)   any other term (not being a geographical indication, a translation of a geographical indication, a traditional expression or a quality wine term) that the Authority has determined is required to be protected in relation to particular wines, and any conditions of use applicable to those terms.

  (3)   If:

  (a)   it appears to the Authority that:

  (i)   an entry in the Register is not, or has ceased to be, necessary; or

  (ii)   an entry in the Register is included in the wrong part of the Register;

    and the inclusion of the entry in the Register, or in that part of the Register, did not result from a determination made by the Committee under Division   4 or under regulations made for the purposes of Division   4B ; or

  (b)   it appears to the Authority that an entry should not have been included in the Register, or an entry in the Register is incorrect, because of a clerical or similar error;

the Authority may direct the Registrar to omit the entry from the Register, to omit the entry from that part of the Register and insert it in the correct part, or to correct the entry, as the case requires.

  (4)   In subsection   ( 3):

"entry" includes a part of an entry.

  (5)   The Registrar must comply with a direction given under subsection   ( 3).