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Wine Grapes Levy Act 1979

Act No. 65 of 1979 as amended, taking into account amendments up to Act No. 26 of 1991
Registered 08 Dec 2009
Start Date 01 Jul 1991
End Date 20 Oct 1994
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Repealed by Primary Industries Levies and Charges (Consequential Amendments) Act 1999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 April 1993 (HISTACT CHAP 1439 #DATE 30:04:1993)

*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 Date of Date of Application,
Number Assent commencement saving or
and year 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 S. 3 (3)
(4): 1 July 1981
(see s. 2 (2) and
Gazette 1981, No.
S123) 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
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. 5
s. 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ad=added or inserted am=amended rep=repealed rs=repealed and substituted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
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
S. 9 am. No. 162, 1980; No. 61, 1986; No. 141, 1989

WINE GRAPES LEVY ACT 1979 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
4. Interpretation
5. Imposition of levy
6. Rate 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 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 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.

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 used at a winery in a year is the sum of:
(a) $200; and
(b) an amount at the rate of $4.40, or such other amount, not exceeding $8.80, as is prescribed, per tonne of the quantity of the goods that does not exceed 5,000 tonnes; and
(c) an amount at the rate of $1.30, or such other amount, not exceeding $2.60, as is prescribed, per tonne of the quantity (if any) of the goods that exceeds 5,000 tonnes but does not exceed 10,000 tonnes; and
(d) an amount at the rate of 60 cents, or such other amount, not exceeding $1.20, as is prescribed, per tonne of the quantity (if any) of the goods that exceeds 10,000 tonnes but does not exceed 20,000 tonnes; and
(e) an amount at the rate of 50 cents, or such other amount, not exceeding $1, as is prescribed, per tonne of the quantity (if any) of the goods that exceeds 20,000 tonnes but does not exceed 40,000 tonnes; and
(f) an amount at the rate of 40 cents, or such other amount, not exceeding 80 cents, as is prescribed, per tonne of the quantity (if any) of the goods that exceeds 40,000 tonnes; and
(g) 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 $2, 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 the producer.

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 10 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 subsection (3), the Corporation may make recommendations to the Minister in relation to regulations to be made for the purposes of paragraph 6 (1) (b), (c), (d), (e) or (f).

(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 subsection 6 (1), 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).