WINE GRAPES CHARGES ACT 1929 [Note: This Act is "repealed" by Act No. 67 of 1979]
(#DATE 19:12:1973)
Compilation Information
- Reprinted as at 19 December 1973
WINE GRAPES CHARGES ACT 1929 - SECT. 1.
Short title.
SECT
Wine.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Wine Grapes Charges Act 1929.*
WINE GRAPES CHARGES ACT 1929 - SECT. 2.
Definitions.
SECT
Amended by No. 27, 1929, s. 2; No. 39, 1937, s. 2; No. 16, 1941, s. 3; and No.
142, 1973, s. 3.
2. In this Act, unless the contrary intention appears-
''dried grapes'' means grapes containing less than sixty per centum of
moisture;
''fresh grapes'' means grapes containing not less less than sixty per centum
of moisture;
''the Board'' means the Australian Wine Board constituted under the Wine
Overseas Marketing Act 1929-1936;
''use in the manufacture of wine'' includes use in the manufacture of brandy
or concentrated grape juice and also includes use in the making of spirit for
the purpose of fortifying wine;
''wine'' means any wine produced from grapes grown within the Commonwealth;
''winery or distillery'', in relation to any grapes, means a winery or
distillery which, during the year in which those grapes are delivered to it,
handles not less than ten tonnes of grapes for use in the manufacture of
wine.
WINE GRAPES CHARGES ACT 1929 - SECT. 3.
Charge on grapes used for wine making.
SECT
Sub-section (1) substituted by No. 27, 1929, s. 3; amended by No. 216, 1973,
s. 3.
3. (1) A charge is imposed and shall be levied upon, and shall be paid by,
the owner of any winery or distillery on all grapes delivered to that winery
or distillery for use in the manufacture of wine.
Substituted by No. 27, 1929, s. 3; amended by No. 40, 1954, s. 2; No. 41,
1957, s. 3; No. 93, 1966, s. 3; No. 2, 1969, s. 3; and No. 142, 1973, s. 4.
(2) Subject to a lower rate being prescribed by the Regulations, the rate of
the charge-
(a) in respect of fresh grapes, shall be Two dollars fifty cents per tonne;
and
(b) in respect of dried grapes, shall be Seven dollars fifty cents per
tonne,
of grapes delivered to a winery or distillery for use in the manufacture of
wine.
Substituted by No. 2, 1969, s. 3.
(3) All moneys payable under this section in respect of grapes delivered to
a winery or distillery during a period of twelve months ending on the
thirtieth day of June in any year shall be paid to a prescribed authority-
(a) as to one-half of those moneys-not later than the next following
thirtieth day of September; and
(b) as to the remainder-not later than the next following thirty-first day
of March.
(4) All documents and books of account in the possession or under the
control of a winemaker or distiller shall at all reasonable times be open to
inspection and audit by any person authorized in that behalf by the Minister,
and that person may, upon inspection or audit, make and take away extracts
from those books of account and documents.
WINE GRAPES CHARGES ACT 1929 - SECT. 3A.
Charge may be recovered.
SECT
Inserted by No. 27, 1929, s. 4.
3A. The charge imposed by this Act shall be deemed, when it becomes due and
payable, to be a debt due to the King on behalf of the Commonwealth by the
owner of the winery or distillery to which the grapes, in respect of which the
charge is payable, were delivered, and may be sued for and recovered by the
Commonwealth in any Court of competent jurisdiction.
WINE GRAPES CHARGES ACT 1929 - SECT. 4.
Exemption from charges.
SECT
Sub-section (1) amended by No. 39, 1937, s. 3.
4. (1) The Governor-General may, from time to time, by order published in
the Gazette, after report to the Minister by the Board, exempt any grapes from
the charges imposed by this Act.
(2) Any exemption under this section may be unconditional or subject to such
conditions, and shall apply in respect of such period (if any), as are
specified in the order of exemption.
(3) The Governor-General may, by order published in the Gazette, cancel any
exemption made under this section of any grapes from the charges imposed by
this Act, and thereupon those charges shall, from the date fixed by the order,
become payable in respect of those grapes.
WINE GRAPES CHARGES ACT 1929 - SECT. 5.
Regulations.
SECT
Amended by No. 39, 1937, s. 4; and No. 93, 1966, s. 3.
5. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which are by this Act required or permitted to be
prescribed, or which are necessary or convenient to be prescribed, for
carrying out or giving effect to this Act, and, in particular-
(a) after report to the Minister by the Board, for prescribing lower rates
of the charge imposed on grapes intended for use in the manufacture of wine;
and
(b) for prescribing penalties not exceeding One hundred dollars for any
breach of the Regulations.
WINE GRAPES CHARGES ACT 1929 - SECT. 6.
Duration of Act.
SECT
6. This Act shall continue in force until a date to be fixed by Proclamation
as the date upon which the Act shall cease to be in force.*
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WINE GRAPES CHARGES ACT 1929 - NOTES
NOTES
1. The Wine Grapes Charges Act 1929 comprises the Wine Grapes Charges
Act 1929 as amended by the other Acts specified in the following table:
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Number Date of Date of
Act and year Assent commencement
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Wine Grapes Charges Act
1929 No. 7, 1929 22 Mar 1929 22 Mar 1929
Wine Grapes Charges Act
(No. 2) 1929 No. 27, 1929 16 Dec 1929 16 Dec 1929
Wine Grapes Charges Act
1937 No. 39, 1937 16 Sept 1937 16 Sept 1937
Wine Grapes Charges Act
1941 No. 16, 1941 7 Apr 1941 7 Apr 1941
Wine Grapes Charges Act
1954 No. 40, 1954 29 Oct 1954 26 Nov 1954
Wine Grapes Charges Act
1957 No. 41, 1957 12 Sept 1957 1 Jan 1958
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Wine Grapes Charges Act
1969 No. 2, 1969 8 Apr 1969 1 July 1969 (see
Gazette 1969, p.
3699)
Wine Grapes Charges Act
1973 No. 142, 1973 22 Nov 1973 22 Nov 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S. 6-No date had been fixed under this section before 1 November, 1974.