Commonwealth Consolidated Regulations
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WINE AUSTRALIA REGULATIONS 2018
- made under the Wine Australia Act 2013
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Name
3. Authority
4. Definitions
PART 2--DEFINITIONS--FOR THE PURPOSES OF THE ACT
5. Grape product
6. Prescribed geographical indication
6A. Prescribed wine - trading agreement
PART 3--EXPORT--CONTROLS
Division 1--Export conditions and exemptions
7. Conditions of export
8. Exemptions
Division 2--Export licences
9. Grant of licence
10. Fit and proper person test for grant of licence
11. Period of licence
12. Authority may request information from licensee
13. Suspension and cancellation of licence
Division 3--Approved grape products
14. Approval of grape product for export
15. Approval holder may authorise another licensee to export grape product
16. Authority may request information about grape product
17. Suspension and revocation of approval
Division 3 A--Provision of grape product labels
17A. Provision of grape product labels
Division 4--Export certificates
18. Application for e xport certificate
19. Authority may request information about compliance with other laws
20. Issue of export certificate
21. Revocation of export certificate
Division 4 A--Label Directory
21A. Label Directory
Division 5--Other matters
22. Direction by Authority on quantit y of exports
23. Application s for review of decision s
PART 4--DESCRIPTION--AND PRESENTATION OF WINE
24. Wine originating in more than one country
25. Grape varieties
26. Use of registered geographical indications
27. Vintages
PART 5--EXEMPTION--OF WINES FROM OFFENCES RELATING TO DESCRIPTION AND PRESENTATION
28. Small quantities of wine
30. Variety names that are also geographical indications
31. Marketing periods for use of geographical indications, registered traditional expressions and registered additional terms
32. Use of trade mark s in description of wine
PART 6--DETERMINATION--OF AUSTRALIAN GIS
Division 1--Modifications oftheAct
33. Modifications of Division 4 of Part VIB of the Act
Division 2--Consideration of objectionsto determination of Australian GIs
34. Application of this Division
35. Parties to proceedings
36. Evidence in relation to ground of objection and recommendation
37. Evidence in answer
38. New evidence
39. Hearing and submissions
40. Parties must give copies of evidence to each other and pay filing fee
41. Decision by Registrar of Trade Marks
42. Fees
43. Costs
Division 3--Decision that ground of objectionto proposed GIno longer exists
44. Application of this Division
45. Notice of application
46. Parties to proceedings
47. Evidence in relation to whether ground of objection no longer exists
48. Evidence in answer
49. New evidence
50. Hearing and submissions
51. Parties must give copies of evidence to each other and pay filing fee
52. Withdrawal of application
53. Decision by Registrar of Trade Marks
54. Notice of decision
55. Fees
56. Costs
Division 4--Criteria for determining Australian GIs
57. Criteria for determining geographical indications
PART 7--DETERMINATION--OF FOREIGN GIS AND TRANSLATIONS OF FOREIGN GIS
Division 1--Preliminary
58. Simplified outline of this Part
59. Purpose of Part
60. Applications for determination
Division 2--Objectionsto determination of foreign GIs and translations of foreign GIs
61. Notice to be given of proposed foreign GI or translation of foreign GI
62. Grounds of objection to determination of foreign GI or translation of foreign GI
Division 3--Consideration of objectionsto determination of foreign GIsor translation of foreign GIs
63. Application of this Division
64. Notice of objection
65. Parties to proceedings
66. Evidence in relation to ground of objection and recommendation
67. Evidence in answer
68. New evidence
69. Hearing and submissions
70. Parties must give copies of evidence to each other and pay filing fee
71. Decision by Registrar of Trade Marks
72. Recommendation by Registrar of Trade Marks to determine foreign GI or translation of foreign GI despite objection being made out
73. Notice of decision
74. Fees
75. Costs
Division 4--Decision that ground of objectionto proposed itemno longer exists
76. Application for decision
77. Notice of application
78. Parties to proceedings
79. Evidence relevant to whether ground of objection no longer exists
80. Evidence in answer
81. New evidence
82. Hearing and submissions
83. Parties must give copies of evidence to each other and pay filing fee
84. Withdrawal of application
85. Decision by Registrar of Trade Marks
86. Notice of decision
87. Fees
88. Costs
Division 5--Appeals against decisions of Registrar of Trade Marks
89. Decisions appellable to Federal Court
Division 6--Determination of foreign GIs and translations of foreign GIs
90. When Geographical Indications Committee may proceed to make a determination
91. Consultation by Geographical Indications Committee
92. Determining foreign GIs
93. Determining translations
94. Interim determination
95. Publication of notice of interim determination
96. Final determination
97. Publication of notice of final determination
98. Review of final determination
99. Date of effect of final determination
PART 8--OMISSIONFROM--THE REGISTEROF FOREIGN GIS AND TRANSLATIONS OF FOREIGN GIS
Division 1--Preliminary
100. Simplified outline of this Part
101. Purpose of Part
Division 2--Omission for non-use or loss of significance
102. Application for omission of foreign GI or translation of foreign GI
103. Further information concerning application
104. Notice by Geographical Indications Committee
105. Determination by Geographical Indications Committee
106. Notice of determination
107. AAT review of determination s
108. Date of effect of determination to omit item
Division 3--Omission becauseGInot protected in country of origin and not used in Australia
109. Application for omission of foreign GI
110. Further information concerning application
111. Notice by Geographical Indications Committee
112. Determination by Geographical Indications Committee
113. Notice of determination
114. Date of effect of determination to omit foreign GI
PART 9--MISCELLANEOUS
115. Delegation
116. Authority may use computer programs to make decisions
PART 1--0--APPLICATION AND TRANSITIONAL PROVISIONS
Division 1--On commencement
117. E xport controls
118. D etermination of GIs
Division 2--Application provisions relating to the Wine Australia Amendment (Label Directory)Regulations 2021
119. Application provisions
SCHEDULE 1 ModificationsofDivision 4of Part VIB of the Act
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