For the purposes of subsection 40J(5) of the Act, wine is exempted from the operation of subsections 40C(1) and 40G(1) of the Act if:
(a) the description and presentation of the wine is false, or does not comply with registered conditions of use, only because of the use of a term that is recognised as the name of a variety, or a synonym of a name of a variety, by at least one of the following organisations:
(i) International Organisation of Vine and Wine;
(ii) International Union for the Protection of New Varieties of Plants;
(iii) International Plant Genetic Resources Institute; and
(b) the term is used to describe a variety of grapes from which the wine is made.