Wine Grapes Levy Act 1979
Act No. 65 of 1979 as amended
Consolidated as in force on 18 November 1999
(includes amendments up to Act No. 32 of 1999)
[Note: This Act is to be repealed by No. 32, 1999 see Note 2, commences 1 Jan 2000]
Prepared by the Office of Legislative Drafting
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
4 Interpretation.................................
5 Imposition of levy..............................
6 Rate of levy..................................
7 By whom levy payable...........................
8 Exemptions from levy............................
9 Regulations..................................
Notes
An Act to impose a levy upon Australian grapes and grape juice used in the manufacture of wine
This Act may be cited as the Wine Grapes Levy Act 1979.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) In this Act, unless the contrary intention appears:
Corporation means the Australian Wine and Brandy Corporation established by the Australian Wine and Brandy Corporation Act 1980.
Corporation Act means the Australian Wine and Brandy Corporation Act 1980.
declared winemakers organisation has the same meaning as in the Corporation Act.
dried grapes means grapes containing less than 60% of moisture.
fresh grape equivalent, in relation to a quantity of prescribed goods other than fresh grapes, means the quantity of fresh grapes that, as ascertained in accordance with subsection (4), is the equivalent of that quantity of prescribed goods.
fresh grapes means grapes containing not less than 60% of moisture.
levy means an amount of levy imposed by this Act.
prescribed goods means:
(a) fresh grapes;
(b) dried grapes; and
(c) grape juice, whether single‑strength or concentrated;
being grapes or grape juice produced in Australia.
wine‑making process means:
(a) a process that is a step in the manufacture of wine (including wine used, or intended for use, in the manufacture of brandy);
(b) a process that is a step in the production of grape spirit suitable for the fortifying of wine or the manufacture of brandy; and
(c) the addition of single‑strength grape juice or concentrated grape juice to wine;
but does not include:
(d) the extraction of juice from grapes; or
(e) the concentration of grape juice.
(2) For the purposes of this Act, prescribed goods shall be deemed to have been used in the manufacture of wine if they are subjected to any wine‑making process, whether or not that process or any other wine‑making process is completed in respect of those prescribed goods.
(3) For the purposes of this Act, the day on which prescribed goods shall be taken to have been used in the manufacture of wine is the day on which they are first subjected to a wine‑making process.
(4) For the purposes of this Act, the quantity of fresh grapes that is the equivalent of a quantity of prescribed goods other than fresh grapes is a number of tonnes equal to:
(a) in the case of dried grapes—a number ascertained by multiplying the number of tonnes of that quantity of dried grapes by 3; and
(b) in the case of grape juice—a number ascertained by dividing the number of litres of that quantity of grape juice:
(i) in the case of single‑strength grape juice—by 800 or, if another number is for the time being prescribed for the purposes of this subparagraph, that other number; and
(ii) in the case of concentrated grape juice—by a number that bears to the number referred to in subparagraph (i) the same proportion that the strength of the single‑strength grape juice from which the concentrated grape juice was derived bears to the strength of the concentrated grape juice.
(4A) For the purposes of this Act, the number of tonnes in a quantity of prescribed goods that are not fresh grapes is to be taken to be the fresh grape equivalent of the goods.
(5) For the purposes of this Act, premises shall be deemed to be a winery during a year if the quantity (if any) of fresh grapes, together with the fresh grape equivalent of the quantity (if any) of prescribed goods other than fresh grapes, used in the manufacture of wine at those premises during that year, or either of the immediately preceding 2 years, amounts, or amounted, to not less than 5 tonnes.
(6) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Subject to this Act, levy is imposed on prescribed goods used at a winery in Australia on or after 1 January 1979 in the manufacture of wine.
(1) The levy imposed on prescribed goods used at a winery in a year is the sum of:
(a) an amount calculated in accordance with the regulations in respect of that year; and
(b) an amount at the rate of the research amount per tonne of the goods.
(2) In this section:
research amount means $1.50 or such other amount, not exceeding $3, as is prescribed.
(3) The total of the amounts calculated under paragraph (1)(a) in respect of prescribed goods used at wineries in a year is not to exceed an amount equal to 0.5% of the amount that the Minister determines to be the gross value of production of prescribed goods for that year.
(4) The regulations may provide for the manner in which the Minister is to determine the amount of the gross value of production of prescribed goods for a year.
Levy in respect of any prescribed goods used at a winery during a year in the manufacture of wine is payable by the producer.
(2) The regulations may exempt from levy prescribed goods of a specified class.
(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out, or giving effect to, this Act.
(2) Subject to subsection (3), the Corporation may make recommendations to the Minister in relation to regulations to be made for the purposes of paragraph 6(1)(a).
(3) The Corporation shall not make a recommendation under subsection (2) unless a motion to endorse the recommendation has been considered at an annual general meeting within the meaning of the Corporation Act.
(4) Before making regulations for the purposes of paragraph 6(1)(a), the Governor‑General is to consider:
(a) relevant recommendations made under subsection (2); and
(b) relevant matters of which the Minister has been notified under section 29ZA of the Corporation Act.
(5) A declared winemakers organisation may make recommendations to the Minister with respect to regulations to be made for the purposes of the definition of research amount in subsection 6(2).
(6) Before making regulations for the purposes of subsection 6(2), the Governor‑General is to consider relevant recommendations made under subsection (5).
Notes to the Wine Grapes Levy Act 1979
Note 1
The Wine Grapes Levy Act 1979 as shown in this consolidation comprises Act No. 65, 1979 amended as indicated in the Tables below.
Table of Acts
Act | Number | Date | Date of commencement | Application, saving or transitional provisions | ||||||
Wine Grapes Levy Act 1979 | 65, 1979 | 15 June 1979 | 15 June 1979 |
| ||||||
Wine Grapes Levy Amendment Act 1980 | 162, 1980 | 10 Dec 1980 | Ss. 3(1) and (4): 1 July 1981 (see s. 2(2) and Gazette 1981, No. S123) | S. 3(3) | ||||||
Wine Grapes Levy Amendment Act 1986 | 61, 1986 | 24 June 1986 | Ss. 3(2), 7(1) and (3): 24 June 1986 (see s. 2(2)) | S. 7(3) | ||||||
Wine Grapes Levy Amendment Act 1989 | 141, 1989 | 23 Nov 1989 | 1 Jan 1990 | S. 7 | ||||||
Primary Industries Levies and Charges Collection(Consequential Provisions) Act 1991 | 26, 1991 | 1 Mar 1991 | 1 July 1991 (see s. 2) | S. 5 | ||||||
Wine Grapes Levy Amendment Act 1994 | 131, 1994 | 21 Oct 1994 | 21 Oct 1994 | — | ||||||
Primary Industries Levies and Charges (Consequential Amendments) Act 1999 | 32, 1999 | 14 May 1999 | Schedule 1 (Items 80, 81): [see (a) and Note 2] | Sch. 1 (item 81): [see Note 2] | ||||||
(a) The Wine Grapes Levy Act 1979 was amended by Schedule 1 (item 80) only of the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, subsection 2(2)(a) of which provides as follows:
(2) The following provisions commence on 1 January 2000:
(a) Part 2 of Schedule 1; [see Note 2]
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
S. 3.................... | rep. No. 26, 1991 |
S. 4.................... | am. No. 162, 1980; No. 61, 1986; No. 141, 1989; No. 26, 1991 |
S. 6.................... | rs. No. 61, 1986; No. 141, 1989 |
| am. No. 131, 1994 |
S. 6A................... | ad. No. 61, 1986 |
| rep. No. 141, 1989 |
S. 7.................... | rs. No. 61, 1986; No. 26, 1991 |
S. 8.................... | am. No. 61, 1986; No. 141, 1989; No. 131, 1994 |
S. 9.................... | am. No. 162, 1980; No. 61, 1986; No. 141, 1989; No. 131, 1994 |
Note 2
Primary Industries Levies and Charges (Consequential Amendments) Act 1999 (No. 32, 1999)
The following provisions commence 1 January 2000.
Schedule 1
80 The whole of the Act
Repeal the Act.
81 Application
The repeal of the Wine Grapes Levy Act 1979 by this Schedule applies to prescribed goods used at a winery after the commencement of this item in the manufacture of wine.