Federal Register of Legislation - Australian Government

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Wine Overseas Marketing Act 1945

Authoritative Version
Act No. 23 of 1945 as made
An Act to amend the Wine Overseas Marketing Act 1929-1936.
Date of Assent 16 Aug 1945
Date of repeal 01 Jul 1981
Repealed by Australian Wine and Brandy Corporation Act 1980

WINE OVERSEAS MARKETING.

 

No. 23 of 1945.

An Act to amend the Wine Overseas Marketing Act 1929-1936.

[Assented to 16th August, 1945.]

[Date of commencement, 13th September, 1945.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)  This Act may be cited as the Wine Overseas Marketing Act 1945.


 

(2.)  The Wine Overseas Marketing Act 1929–1936 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Wine Overseas Marketing Act 1929–1945.

Australian Wine Board.

2.—(1.)  Section five of the Principal Act is amended—

(a) by omitting from paragraph (g) of sub-section (2.) the words “one member” and inserting in their stead the words “three members”; and

(b) by omitting from sub-section (9.) the word “member” and inserting in its stead the word “members”.

(2.)  Notwithstanding the provisions of sub-section (13.) of section five of the Wine Overseas Marketing Act 1929–1945, but subject to any other provisions of that Act, the first appointment after the commencement of this Act of the two additional members of the Australian Wine Board to represent grapegrowers supplying grapes to wineries and distilleries shall be for a period expiring at the expiration of the term of office of the member of the Board representing those grapegrowers at the commencement of this Act.

3.—(1.)  Sections nine and ten of the Principal Act are repealed and the following sections inserted in their stead:—

Fees and allowances.

“9.—(l.)  Members of the Board, and the deputies of members while acting as such, shall be paid fees and allowances as provided in this section in respect of attendance at meetings of the Board or of the Executive Committee of the Board, or while engaged (whether in Australia or overseas) on such business of the Board as the Board determines.

“(2.)  Subject to the next two succeeding sub-sections, a member or his deputy shall be paid fees and allowances at such rates as are prescribed.

“(3.)  If a member or his deputy is also a member of the Parliament of the Commonwealth or of any State, he shall not be entitled to receive any fees or allowances but shall be reimbursed such expenses as he actually incurs by reason of such attendance or while engaged on such business.

“(4.)  If a member or his deputy is a person permanently employed in the service of the Commonwealth, he shall not be paid any fees or allowances in respect of his services as a member or deputy, and the fees and allowances which would be paid to him if he were not so employed shall be paid to the Commonwealth.

Chairman of the Board.

“10.—(1.)  At a meeting of the Board which shall be held not later than the thirtieth day of September in each year, the Board shall appoint one of its members to be Chairman of the Board.


 

“(2.)  In the event of any vacancy occurring in the office of Chairman, the members of the Board shall, at the next meeting of the Board held after the occurrence of the vacancy, appoint one of their members to be Chairman of the Board.

“(3.)  A member of the Board appointed as Chairman under either of the last two preceding sub-sections shall hold office until the appointment of a successor and shall be eligible for re-appointment.

“(4.)  At any meeting of the Board at which the Chairman is not present, the members present shall appoint one of their number to act as Chairman at that meeting.”.

(2.)  The person holding office as Chairman of the Australian Wine Board at the commencement of this section shall continue to hold that office until the appointment of a successor in accordance with the Wine Overseas Marketing Act 1929–1945 and shall be eligible for re-appointment.

Meetings of the Board.

4.  Section eleven of the Principal Act is amended by omitting from sub-section (3.) the word “four” and inserting in its stead the word “six”.

Executive Committee of Board.

5.—(1.)  Section eleven a of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) There shall be an Executive Committee of the Board consisting of—

(a) the Chairman of the Board, who shall be the Chairman of the Executive Committee;

(b) one of the members of the Board representing co-operative wineries and distilleries;

(c) two of the members of the Board representing proprietary and privately owned wineries and distilleries; and

(d) one of the members of the Board representing grapegrowers supplying grapes to wineries and distilleries.

“(1a.) The members of the Executive Committee (other than the Chairman of the Board) shall be elected annually by the Board.”; and

(b) by omitting sub-section (7.) and inserting in its stead the following sub-section:—

“(7.) Where a vacancy has occurred in the Executive Committee, the Board may elect as a member of the Executive Committee a member of the Board who represents the same interests as were represented by the member whose office has become vacant, and the member so elected shall hold office for the residue of the term for which the member whose office has become vacant was elected”.


 

(2.)  The first election of members of the Executive Committee of the Australian Wine Board under the provisions of the Principal Act, as amended by this Act, shall be held as soon as practicable after the first appointment of the two additional members of the Board in pursuance of the amendments made to section five of the Principal Act by section two of this Act.

London Agency of Board.

6.  Section twelve of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(4.)  Subject to the next succeeding sub-section, a member of the London Agency shall be paid fees and allowances at such rates as are prescribed.

“(5.)  If a member of the London Agency is a person permanently employed in the service of the Commonwealth, he shall not be paid any fees or allowances in respect of his services as a member of the London Agency, and the fees and allowances which would be paid to him if he were not so employed shall be paid to the Commonwealth.”.

Application of moneys paid into Fund.

7.  Section twenty-two of the Principal Act is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) In making the payments provided for in sections nine and twelve of the Act;”.