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Wine Grapes Levy Act 1979

Act No. 65 of 1979 as amended, taking into account amendments up to Act No. 61 of 1986
Registered 08 Dec 2009
Start Date 30 Sep 1987
End Date 30 Dec 1989
Date of repeal 01 Jan 2000
Repealed by Primary Industries Levies and Charges (Consequential Amendments) Act 1999

WINE GRAPES LEVY ACT 1979
- Reprinted as at 30 September 1987 (HISTACT CHAP 101 #DATE 30:09:1987)

*1* The Wine Grapes Levy Act 1979 as shown in this reprint comprises Act No. 65, 1979 amended as indicated in the Tables below.
Table of Acts
----------------------------------------------------------------------------- Act Number
and year Date
of Assent 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 S. 3 (1) and (4): S. 3 (3)
1 July 1981 (see
s. 2 (2) and
Gazette 1981, No.
S123, p.1)
Remainder:
Royal Assent
Wine Grapes Levy
Amendment Act 1986 61, 1986 24 June 1986 Ss. 3 (2), 7 (1) S. 7 (3)
and (3): 24 June
1986 (see s. 2
(2))
Ss. 4 and 6: 1
July 1986
S. 7 (2): 30 Sept
1987
Remainder:
Royal Assent
-----------------------------------------------------------------------------
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
-----------------------------------------------------------------------------
Provision affected How
affected
-----------------------------------------------------------------------------
S. 4 ................... am. No.
162, 1980;
No. 61,
1986
S. 6 ................... rs. No. 61,
1986
S. 6A .................. ad. No. 61,
1986
S. 7 ................... rs. No. 61,
1986
S. 8 ................... am. No. 61,
1986
S. 9 ................... am. No.
162, 1980;
No. 61,
1986
-----------------------------------------------------------------------------

WINE GRAPES LEVY ACT 1979 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

1. Short title

2. Commencement

3. Wine Grapes Levy Collection Act to be read as one with this Act

4. Interpretation

5. Imposition of levy

6. Rate of levy

6A. Maximum amount of marketing component of levy

7. By whom levy payable

8. Exemptions from levy

9. Regulations

WINE GRAPES LEVY ACT 1979 - LONG TITLE

SECT

An Act to impose a levy upon Australian grapes and grape
juice used in the manufacture of wine

WINE GRAPES LEVY ACT 1979 - SECT 1
Short title

SECT

1. This Act may be cited as the Wine Grapes Levy Act 1979.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

WINE GRAPES LEVY ACT 1979 - SECT 2
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

WINE GRAPES LEVY ACT 1979 - SECT 3
Wine Grapes Levy Collection Act to be read as one with this Act

SECT

3. The Wine Grapes Levy Collection Act 1979 shall be read as one with this Act.

WINE GRAPES LEVY ACT 1979 - SECT 4
Interpretation

SECT

4. (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 sub-section (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;
"proprietor", in relation to a winery, means the person who carries on the manufacture of wine at that winery;
"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;
"year" means the year that commenced on 1 July 1978 and each succeeding year.

(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 sub-paragraph, that other number; and
(ii) in the case of concentrated grape juice-by a number that bears to the number referred to in sub-paragraph (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.

(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.

WINE GRAPES LEVY ACT 1979 - SECT 5
Imposition of levy

SECT

5. 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.

WINE GRAPES LEVY ACT 1979 - SECT 6
Rate of levy

SECT

6. (1) The levy imposed on prescribed goods by this Act is-
(a) in the case of fresh grapes, the sum of-
(i) subject to section 6A, an amount of levy at the rate of the marketing amount per tonne of the grapes; and
(ii) an amount of levy at the rate of the research amount per tonne of the grapes; and
(b) in any other case, the sum of-
(i) subject to section 6A, an amount of levy at the rate of the marketing amount per tonne of the fresh grape equivalent of the prescribed goods; and
(ii) an amount of levy at the rate of the research amount per tonne of the fresh grape equivalent of the prescribed goods.

(2) In sub-section (1)-
"marketing amount" means such amount, not exceeding $5, as is prescribed;
"research amount" means such amount, not exceeding $2, as is prescribed.

WINE GRAPES LEVY ACT 1979 - SECT 6A
Maximum amount of marketing component of levy

SECT

6A. The amount of levy payable by a person in respect of prescribed goods used at a winery or wineries in Australia in a year in the manufacture of wine that is an amount of levy referred to in sub-paragraph 6 (1) (a) (i) or 6 (1) (b) (i) shall not exceed such amount, not exceeding $20,000, as is prescribed.

WINE GRAPES LEVY ACT 1979 - SECT 7
By whom levy payable

SECT

7. Levy in respect of any prescribed goods used at a winery during a year in the manufacture of wine is payable by-
(a) where the manufacture of wine is carried on at the winery immediately before the expiration of that year-the person who is, immediately before the expiration of that year, the proprietor of the winery; or
(b) in any other case-the last person who was a proprietor of the winery in that year.

WINE GRAPES LEVY ACT 1979 - SECT 8
Exemptions from levy

SECT

8. (1) Levy is not payable in respect of prescribed goods that, during a year, are used in the manufacture of wine at a winery at which, during that year, 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 amounts to less than 20 tonnes.

(2) The regulations may exempt from levy prescribed goods of a specified class.

WINE GRAPES LEVY ACT 1979 - SECT 9
Regulations

SECT

9. (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 sub-section (3), the Corporation may make recommendations to the Minister in relation to regulations to be made for the purposes of the definition of "marketing amount" in sub-section 6 (2) or for the purposes of section 6A.

(3) The Corporation shall not make a recommendation under sub-section (2) unless a motion to endorse the recommendation has been considered at an annual general meeting within the meaning of the Corporation Act.

(4) The power of the Governor-General to make regulations for the purposes of the definition of "marketing amount" in sub-section 6 (2) or for the purposes of section 6A shall be exercised only on advice of the Executive Council, being advice that has taken into consideration-
(a) any relevant recommendation made by the Corporation under sub-section (2); and
(b) any 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 sub-section 6 (2).

(6) The power of the Governor-General to make regulations for the purposes of the definition of "research amount" in sub-section 6 (2) shall be exercised only on advice of the Executive Council, being advice that has taken into consideration any relevant recommendation made by a declared winemakers organisation under sub-section (5).