Commonwealth Numbered Regulations

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WINE AUSTRALIA REGULATIONS 2018 (F2018L00286) - REG 100

Simplified outline of this Part

This Part sets out the procedure for omitting geographical indications that relate to foreign countries, and translations of those geographical indications, from the Register of Protected Geographical Indications and Other Terms.

There are 2 grounds on which a person may apply to the Geographical Indications Committee for a decision to omit a GI. The first ground is that the GI is not in use, because wine is not being produced in the area to which the GI relates. The second ground is that the GI is no longer protected in the country of origin. Under both grounds, the Committee must also consider the use of the GI in the sale of wine in Australia.

A person may also apply to the Committee for a separate decision to omit a translation, on the ground that the translation no longer conveys or evokes the significance of the GI for which it was registered.

If it receives an application, the Committee must publish a notice inviting submissions.

Determinations made by the Committee on the ground of non-use (for GIs) or loss of significance (for translations) are reviewable by the Administrative Appeals Tribunal.



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