Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 8

General power

  (1)   Subject to this Act, the Authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

Specific powers

  (2)   Without limiting the generality of subsection   ( 1), the powers of the Authority referred to in that subsection include power:

  (aaa)   to do anything for the purpose of giving effect to a prescribed wine - trading agreement; and

  (aa)   to determine any conditions of use that are to be applicable to any registered geographical indications and any registered translations of such indications; and

  (ac)   to determine in relation to a foreign country:

  (i)   any traditional expressions that are to be registered in relation to wines originating in that country (being traditional expressions that are recognised in the laws and regulations of that country for the purpose of the description and presentation of wine); and

  (ii)   any conditions of use that are to be applicable to any or all of those expressions; and

  (ad)   to determine:

  (i)   in relation to Australia--any terms that are to be registered as additional terms in relation to wines originating in Australia (being terms that are required to be protected for the purpose of the description and presentation of wine); and

  (ii)   in relation to a foreign country--any terms that are to be registered as additional terms in relation to wines originating in that country (being terms that are recognised in the laws and regulations of that country for the purpose of the description and presentation of wine); and

  (iii)   in relation to a particular wine (regardless of origin)--any terms that are to be registered as additional terms in relation to that wine; and

  (iv)   any conditions of use that are to be applicable to any or all of the terms referred to in subparagraphs   ( i) to (iii); and

  (a)   to control the export of grape products from Australia by determining the persons, other than the Authority , who shall be permitted to export grape products and the conditions under which such exports will be permitted; and

  (b)   at the request of a person engaging, or proposing to engage, in the export of a grape product, to co - ordinate activities relating to the promotion of the export of the grape product; and

  (c)   where a grape product proposed to be exported from Australia to a foreign country meets the requirements of that country for importation into that country, issue certificates that the product meets those requirements; and

  (d)   to the extent required to promote the consumption and sale of grape products in Australia or overseas , to buy, sell or otherwise engage in trade in grape products and do all things necessary or convenient for engaging in that trade; and

  (e)   to engage, or make arrangements with, persons, organisations or companies to perform work, or act as agent, for the Authority , whether in Australia or overseas; and

  (f)   to charge such fees as are fair and proper to enable the Authority to meet costs incurred by the Authority in administering licensing arrangements relating to the export of grape products (including costs in relation to the grant or renewal of licences) and in ensuring that persons who are licensed to export grape products comply with the conditions under which the export of the grape products is permitted; and

  (g)   to charge for the provision of goods or services, or the performance of work, by, or on behalf of, the Authority ; and

  (ga)   without limiting paragraph   ( g), to charge fees for the provision of services, or the performance of work, by or on behalf of:

  (i)   the Authority ; or

  (ii)   the Geographical Indications Committee established by section   40N;

    in relation to the determination of geographical indications and translations of such indications by the Geographical Indications Committee (including determinations for the omission of such indications and translations); and

  (h)   to waive the payment of fees and charges payable to the Authority; and

  (k)   to make applications, including joint applications, for patents; and

  (l)   to deal with patents vested in the Authority or in the Authority and other persons; and

  (m)   to accept gifts, grants, bequests and devises made to the Authority, and act as trustee of money and other property vested in the Authority on trust; and

  (n)   to join in the formation of a company.

Requirements for determinations by the Authority

  (2A)   A determination under paragraph   ( 2)(aa), (ac) or (ad) is to be in writing under the Authority's seal.

  (2B)   When the Authority makes a determination referred to in subsection   ( 2A), the Chair must cause a notice stating that the determination has been made and setting out the terms of the determination to be published in any manner that the Authority thinks appropriate.

  (2C)   The notice must include a statement to the effect that:

  (a)   subject to the Administrative Appeals Tribunal Act 1975 , application may be made, by or on behalf of any person whose interests are affected by the determination, to the Administrative Appeals Tribunal for review of the determination; and

  (b)   unless subsection   28(4) of that Act applies, application may be made in accordance with section   28 of that Act by or on behalf of the person for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the determination.

  (2D)   Any failure to comply with subsection   ( 2C) in relation to a determination does not affect the validity of the determination.

Review of determinations

  (2E)   Application may be made to the Administrative Appeals Tribunal for review of a determination.

  (2F)   Section   29 of the Administrative Appeals Tribunal Act 1975 has effect in relation to an application for review of a determination as if the following subsections were inserted after subsection   ( 1):

  ' (1AA)   Despite paragraph   ( 1)(d) and subsection   ( 2), an application to the Tribunal for review of a determination made under paragraph   8(2)(aa), (ac) or (ad) of the Wine Australia Act 2013 must be made within 28 days after notice of the determination is published in accordance with subsection   8(2B) of that Act.

  ' (1AB)   Despite subsection   ( 8), an application under subsection   ( 7) in respect of a determination under paragraph   8(2)(aa), (ac) or (ad) of the Wine Australia Act 2013 must be made before the time fixed by subsection   ( 1A) ends. ' .

Inclusion of particulars in the Register

  (2G)   The Chair must give a copy of the determination to the Registrar so that particulars of the determination can be included in the Register:

  (a)   if an application is duly made to the Administrative Appeals Tribunal for review of the determination--as soon as practicable after the decision of the Tribunal on the review is given; or

  (b)   otherwise--as soon as practicable after the 28th day after notice of the determination is published in accordance with subsection   ( 2B).

  (2H)   The determination takes effect on the day on which particulars of the determination are included in the Register.

Consistency with corporate and operational plans

  (3)   Subject to subsection   31K(4), the Authority shall endeavour to ensure, to the extent that it is practicable to do so, that the performance at any time of its functions and the exercise at any time of its powers is consistent with, and designed to give effect to, the provisions of any corporate plan and of any annual operational plan in force at that time.