Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For the purposes of subsection 40J(5) of the Act, wine is exempted from the operation of the offence provisions if:
(a) the description and presentation of the wine is false or misleading, or does not comply with registered conditions of use, only because of the use of a registered geographical indication, a registered translation, a registered traditional expression or a registered additional term; and
(b) the wine was lawfully produced before the day on which the offence provisions first applied to the use of the indication, translation, expression or term; and
(c) the indication, translation, expression or term is used by:
(i) a wholesaler of wine acting in the course of the wholesaler's business; or
(ii) a retailer of wine in the course of the retailer's business.
Note: The offence provisions is defined in subsection 40J(1) of the Act.
Marketing period
(2) The exemption in subsection (1) applies for a period, commencing on the day on which the offence provisions first apply to the use of the indication, translation, expression or term, of:
(a) for use in the description and presentation of fortified wines--5 years; and
(b) for use in the description and presentation of other wines--3 years.
(3) However, if a retailer has a stock of a wine at the end of the period mentioned in subsection (2), the exemption continues in relation to use by the retailer until that stock is exhausted.