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Wine Overseas Marketing Act 1929

Act No. 6 of 1929 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 08 Dec 2009
Start Date 31 Dec 1973
End Date 01 Jul 1981
Date of repeal 01 Jul 1981
Repealed by Australian Wine and Brandy Corporation Act 1980

WINE OVERSEAS MARKETING ACT 1929 [Note: This Act is "repealed" by Act No. 161 of 1980]
(#DATE 19:12:1973)

Compilation Information

- Reprinted as at 19 December 1973

WINE OVERSEAS MARKETING ACT 1929 - LONG TITLE

SECT

WINE OVERSEAS MARKETING ACT 1929

An Act relating to the Export of Wine and for other purposes.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 1.
Short title.

SECT

Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Wine Overseas Marketing Act 1929.*

WINE OVERSEAS MARKETING ACT 1929 - SECT. 2.
Commencement of Act.

SECT

2. (1) Sections one, two, six and thirty of this Act shall commence on the day on which this Act receives the Royal Assent, and the remaining sections of this Act shall commence on a date to be fixed by Proclamation.*
Sub-section (2) omitted by No. 45, 1934, s. 2.
* * * * * * * *

WINE OVERSEAS MARKETING ACT 1929 - SECT. 3.
Duration of Act.

SECT

3. (1) If, within one month after this Act has been in operation for a period of three years or within one month after the expiration of any further period of three years, a requisition for a poll, signed by at least thirty per centum of the owners of wineries or distilleries, is sent to the Minister, a poll shall thereupon be held in the prescribed manner in regard to the question whether the Act shall continue in operation.

(2) If a majority of the owners of wineries or distilleries voting at the poll are opposed to the continued operation of the Act, the Act shall cease to have effect upon a date to be fixed by Proclamation, not being later than one month after the result of the poll has been ascertained.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 4.
Definitions.

SECT

Amended by No. 94, 1936, s. 3; No. 39, 1954, s. 2; No. 25, 1961, s. 3; and No. 141, 1973, s. 3.
4. In this Act, unless the contrary intention appears-

''brandy'' means brandy distilled from wine;

''wine'' means any wine produced from grapes grown within the Commonwealth;

''winery'' means, for the purposes of the requisition of a poll and voting under this Act, an establishment which handled not less than twenty-five tonnes of grapes for use in the manufacture of wine during the year ended the thirtieth day of June last preceding the poll;

''distillery'' means, for the purpose of the requisition of a poll and voting under this Act, an establishment which handled not less than twenty-five tonnes of grapes for use in the manufacture of spirit during the year ended the thirtieth day of June last, preceding the poll;

''the Board'' means the Australian Wine Board constituted under this Act.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 5.
Australian Wine Board.

SECT

Substituted by No. 94, 1936, s. 4.
5. (1) For the purposes of this Act, there shall be an Australian Wine Board.
Amended by No. 23, 1945, s. 2.

(2) The Board shall consist of-

(a) one member (in this Act referred to as ''the Government representative'') to represent the Commonwealth Government;

(b) two members to represent co-operative wineries and distilleries;

(c) one member to represent proprietary and privately owned wineries and distilleries in the States of New South Wales and Queensland;

(d) one member to represent proprietary and privately owned wineries and distilleries in the State of Victoria;

(e) two members to represent proprietary and privately owned wineries and distilleries in the State of South Australia;

(f) one member to represent proprietary and privately owned wineries and distilleries in the State of Western Australia; and

(g) three members to represent grapegrowers supplying grapes to wineries and distilleries.

(3) The members of the Board shall, subject to the provisions of this section, be appointed by the Governor-General.

(4) The members appointed to represent co-operative wineries and distilleries shall be appointed upon the nomination of the Co-operative Winemakers' Associations.
Amended by No. 62, 1963, s. 2.

(5) The member appointed to represent proprietary and privately owned wineries and distilleries in the States of New South Wales and Queensland shall be appointed upon the nomination of the associations (other than the Co-operative Winemakers' Association) in those States affiliated with the Federal Wine and Brandy Producers' Council of Australia Incorporated.
Amended by No. 62, 1963, s. 2.

(6) The member appointed to represent proprietary and privately owned wineries and distilleries in the State of Victoria shall be appointed upon the nomination of the associations in that State affiliated with the Federal Wine and Brandy Producers' Council of Australia Incorporated.
Amended by No. 62, 1963, s. 2.

(7) The members appointed to represent proprietary and privately owned wineries and distilleries in the State of South Australia shall be appointed upon the nomination of the associations (other than the Co-operative Winemakers' Association) in that State affiliated with the Federal Wine and Brandy Producers' Council of Australia Incorporated.
Amended by No. 62, 1963, s. 2.

(8) The member appointed to represent proprietary and privately owned wineries and distilleries in the State of Western Australia shall be appointed upon the nomination of the associations in that State affiliated with the Federal Wine and Brandy Producers' Council of Australia Incorporated.
Amended by No. 23, 1945, s. 2.

(9) The members appointed to represent grapegrowers supplying grapes to wineries and distilleries shall be appointed upon the nomination of the Federal Grapegrowers' Council.

(10) The member appointed as the Government representative shall hold office during the pleasure of the Governor-General.

(11) Nominations of members of the Board by any association or body of persons shall be in writing and shall be forwarded to the Minister so as to be received by him on or before a date fixed by the Minister by notice in the Gazette.

(12) Where any member is required by this section to be appointed pursuant to a nomination by any association or body of persons, and no nomination is received by the Minister on or before the time fixed in accordance with the last preceding sub-section, the Governor-General may appoint such person as he thinks fit to represent the interests concerned.

(13) Members of the Board, other than the Government representative, shall hold office for a period of three years and shall be eligible for re-appointment.

(14) Members of the Board, other than the Government representative, may be removed from office by the Governor-General on the recommendation of the Board.

(15) On the death, resignation or removal from office of a member of the Board, other than the Government representative, the Governor-General may, on the recommendation of the Board, appoint a person to hold the vacant office for the residue of the term of the member whose place became vacant.

(16) The powers conferred on the Board by this Act shall not be affected by reason only of there being a vacancy in the membership thereof.
Section 6 repealed by No. 45, 1934, s. 2.
* * * * * * * *

WINE OVERSEAS MARKETING ACT 1929 - SECT. 7.
Incorporation of Board.

SECT

7. The Board shall be a body corporate, with perpetual succession and a common seal, and shall be capable of suing and being sued, and of holding real and personal property.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 8.
Deputies of members.

SECT

8. (1) The Governor-General may, in respect of each member of the Board, appoint a person to be the deputy of that member.

(2) A person appointed in pursuance of the last preceding subsection shall, in the event of the illness or absence of the member of whom he is the deputy, have all the powers of that member during his illness or absence.
Sub-section (3) omitted by No. 36, 1953, s. 3.
* * * * * * * *

(4) No such appointment of a deputy, and no acts done by him as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 9.
Fees, allowances and expenses.

SECT

Substituted by No. 36, 1953, s. 4.
9. (1) Subject to this section, members of the Board and deputies of members shall be paid, 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), with the approval of the Board, on business of the Board, such fees, allowances and expenses as the Governor-General determines.

(2) If a member or a deputy of a member is also a member of the Parliament of the Commonwealth or of a State, he shall not be paid fees, allowances or expenses under the last preceding sub-section, but shall be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Board or of the Executive Committee of the Board or of his engagement (whether in Australia or overseas), with the approval of the Board, on business of the Board.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 10.
Chairman of the Board.

SECT

Substituted by No. 23, 1945, s. 3.
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.
Amended by No. 36, 1953, s. 5.

(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 number 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.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 11.
Meetings of the Board.

SECT

11. (1) Subject to this Act, meetings of the Board shall be held at such times and places within the Commonwealth as the Board from time to time determines.

(2) The Chairman of the Board, or any four members thereof, may at any time call a special meeting of the Board.
Amended by No. 23, 1945, s. 4.

(3) At all meetings of the Board six members shall form a quorum.

(4) At any meetings of the Board the Chairman shall have a deliberative vote, and in the case of an equality of votes shall also have a casting vote.

(5) All questions before the Board shall be decided by a majority of votes.

(6) The Board shall keep a record of its proceedings.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 11A.
Executive Committee of Board.

SECT

Inserted by No. 48, 1930, s. 2. Sub-section (1) substituted by No. 23, 1945, s. 5.
11A. (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.
Inserted by No. 23, 1945, s. 5.

(1A) The members of the Executive Committee (other than the Chairman of the Board) shall be elected annually by the Board.

(2) The Executive Committee shall have such powers and functions of the Board as the Board thinks fit, but the Board may at any time exercise any of its powers and functions notwithstanding the appointment of the Committee.

(3) At any meeting of the Executive Committee, three members shall form a quorum.

(4) In the event of the absence of the Chairman of the Board from any meeting of the Executive Committee, the members present at the meeting may elect one of their number to be the Chairman of the meeting.

(5) At any meeting of the Executive Committee, the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(6) All questions before a meeting of the Executive Committee shall be decided by a majority of votes.
Substituted by No. 23, 1945, s. 5.

(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.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 12.
London Agency of Board.

SECT

12. (1) The Board may constitute an agency of the Board in London (in this Act referred to as ''the London Agency'').

(2) The London Agency shall consist of such number of persons as the Board from time to time determines, one of whom shall be appointed by the Governor-General and shall hold office during the pleasure of the Governor-General, and the others shall be appointed by the Board and shall hold office during the pleasure of the Board.

(3) The London Agency shall keep the Board advised as to current prices of wines, and as to other matters relative to the disposal of wines in England or elsewhere, and generally act as the agent of the Board in accordance with the directions of the Board.
Substituted by No. 36, 1953, s. 6.

(4) A member of the London Agency shall be paid such fees, allowances and expenses as the Minister, after a recommendation has been made by the Board, determines.
Sub-section (5) omitted by No. 36, 1953, s. 6.
* * * * * * * *

WINE OVERSEAS MARKETING ACT 1929 - SECT. 13.
Employment of staff.

SECT

Substituted by No. 36, 1953, s. 7.
13. (1) Subject to this section, the Board may employ such persons as it thinks necessary to assist the Board in exercising its powers and performing its functions under this Act.

(2) The terms and conditions of employment of persons employed under this section shall be such as are determined by the Board with the approval of the Public Service Board.
Amended by No. 216, 1973, s. 3.

(3) Where a person employed in pursuance of this section was, immediately before he became employed by the Board, an officer of the Public Service of the Commonwealth, his service as a person employed by the Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 14.
Power to make regulations controlling export of wine.

SECT

Substituted by No. 36, 1953, s. 8.
14. (1) For the purpose of enabling the Board effectively to control the export, and the sale and distribution after export, of Australian wine, the regulations may prohibit the export from the Commonwealth of wine-

(a) except by a person who holds a licence granted as prescribed; and

(b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister by the Board.
Amended by No. 93, 1966, s. 3.

(2) A person shall not export wine from the Commonwealth in contravention of the regulations (including the prescribed conditions and restrictions).

Penalty: Two hundred dollars.
Section 15 repealed by No. 36, 1953, s. 8.
* * * * * * * *

WINE OVERSEAS MARKETING ACT 1929 - SECT. 16.
General powers and functions of Board.

SECT

Repealed by No. 36, 1953, s. 8; inserted by No. 25, 1961, s. 4.
16. The Board may-

(a) do such things as it thinks fit for the purpose of improving the quality or promoting the sale, whether in Australia or elsewhere, of wine or brandy; and

(b) make arrangements, with other persons, authorities or associations in Australia or elsewhere, likely to be conducive to the achievement of such a purpose.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 17.
Power of Board to accept control of and acquire wine and brandy.

SECT

Substituted by No. 25, 1961, s. 4.
17. The Board may-

(a) accept control of any wine or brandy placed under its control for the purposes of this Act; and

(b) for the purpose of promoting the sale of wine or brandy outside Australia, acquire any wine or brandy.
Section 18 repealed by No. 45, 1934, s. 2.
* * * * * * * *

WINE OVERSEAS MARKETING ACT 1929 - SECT. 19.
Contracts for shipment of wine.

SECT

Substituted by No. 36, 1953, s. 9.
19. (1) A contract for the carriage of wine by sea to a place beyond the Commonwealth shall not be made except-

(a) by the Board acting as the agent of the owner of the wine or of another person having authority to export the wine; or

(b) in conformity with conditions approved by the Board.

(2) A contract for the carriage of wine by sea to a place beyond the Commonwealth made otherwise than in accordance with this section is void.

(3) A Collector of Customs or other officer of Customs may require a person who seeks to export wine from the Commonwealth, on making entry of the wine under the Customs Act 1901-1952 and before the entry has been passed, to satisfy him that the contract for the carriage of the wine is in conformity with conditions approved by the Board, and the Collector or other officer may decline to pass the entry until that person has so satisfied him.
Added by No. 25, 1961, s. 5.

(4) This section does not apply to or in relation to wine owned by the Board.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 19A.
Operation of Customs Act and Commerce (Trade Descriptions) Act not affected.

SECT

Inserted by No. 36, 1953, s. 9.
19A. Nothing in this Act or the regulations affects the operation of the Customs Act 1901-1952 or of the Commerce (Trade Descriptions) Act 1905-1950, or of regulations made under either or both of those Acts.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 20.
Powers of Board with respect to wine placed under its control or acquired by
it.

SECT


Sub-section (1) amended by No. 25, 1961, s. 6.
20. (1) The Board shall, with respect to any wine placed under its control or acquired by it, have full authority to make such arrangements and give such directions as it thinks fit for the following matters:-

(a) the handling, marketing and storage of the wine;

(b) the shipment of the wine on such terms and in such quantities as it thinks fit;

(c) the sale or other disposal of wine on such terms as it thinks fit;

(d) the insurance against loss of any such wine either in the Commonwealth or in transit from the Commonwealth and until disposed of; and

(e) all such matters as are necessary for the due discharge of its functions in handling, distributing and disposing of the wine.

(2) For the purpose of securing any advances made to the Board, or, at the request of the Board, to the owners of any wine placed under the control of the Board, the Board shall, by virtue of this Act and without further authority, have full power, on behalf of the owners of the wine, to give security over the wine and to execute all mortgages and other instruments of assurance in the same manner in all respects as if the Board were the legal owners of the wine.
Added by No. 25, 1961, s. 6.

(3) In this section, ''wine'' includes brandy.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 21.
Payment to Board of amounts received under Wine Grapes Charges Act.

SECT

Substituted by No. 25, 1961, s. 7.
21. There shall be paid to the Board out of the Consolidated Revenue Fund, which is appropriated accordingly, all moneys received by a prescribed authority under the Wine Grapes Charges Act 1929-1957.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 22.
Bank accounts.

SECT

Substituted by No. 25, 1961, s. 7.
22. (1) The Board shall open and maintain an account or accounts with the Reserve Bank of Australia or with such other bank or banks as the Treasurer approves.

(2) The Board shall pay all moneys received by it into an account referred to in this section.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 23.
Application of moneys of Board.

SECT

Substituted by No. 25, 1961, s. 7.
23. (1) Subject to the next succeeding sub-section, the moneys of the Board shall be applied only-

(a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Board; and

(b) in payment of the salaries, fees, allowances and expenses payable under sections nine, twelve and thirteen of this Act.

(2) Moneys of the Board not immediately required for the purposes of the Board may be invested on fixed deposit with the Reserve Bank of Australia or with any other bank approved by the Treasurer, or in securities of or guaranteed by the Commonwealth or a State.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 24.
Liability to taxation.

SECT

Substituted by No. 25, 1961, s. 7.
24. The income of the Board shall not be subject to taxation by the Commonwealth or a State.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 25.
Signing of cheques.

SECT

Substituted by No. 25, 1961, s. 7.
25. Cheques drawn on an account referred to in section twenty-two of this Act shall be signed as prescribed.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 26.
Power to call for information.

SECT

26. (1) The Board may call upon any person to furnish, within such time as is specified by the Board, such information in relation to the wine industry as is necessary for the purpose of this Act.
Amended by No. 93, 1966, s. 3.

(2) Any person who, being called upon in pursuance of this section to furnish information in relation to any matter within his knowledge or under his control, fails to furnish the information within the time specified shall be guilty of an offence.

Penalty: Two hundred dollars.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 27.
Audit.

SECT

27. The accounts of the Board shall be subject to inspection and audit by the Auditor-General for the Commonwealth.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 28.
Liability of Board for its acts.

SECT

28. (1) The Board in its corporate capacity shall, in all its operations under this Act, be deemed to be the agent of the owners of all wine of which the Board has accepted control, and the mutual rights, obligations and liabilities of the Board and the several owners shall accordingly be determined in accordance with the law governing the relations between principals and agents, save that nothing in this Act shall be construed to limit the power of the Board to exercise, without the authority of the owner of any wine, any power with respect to such wine, which is expressly or by implication conferred on the Board by or under this Act.

(2) The members of the Board shall not be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operations of the Board.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 29.
Annual report.

SECT

Sub-section (1) amended by No. 94, 1936, s. 7.
29. (1) The Board shall, in the month of September in each year, report to the Minister generally as to the operation of this Act.
Substituted by No. 25, 1961, s. 8.

(2) The Minister shall cause a copy of the report of the Board to be laid before each House of the Parliament within six sitting days of that House after the receipt of the report by the Minister.

(3) The report shall be accompanied by a statement by the Minister regarding the operation of the Act.

WINE OVERSEAS MARKETING ACT 1929 - SECT. 30.
Regulations.

SECT

Amended by No. 93, 1966, s. 3.
30. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are 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 for prescribing penalties not exceeding One hundred dollars for any breach of the Regulations.
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WINE OVERSEAS MARKETING ACT 1929 - NOTE


NOTE
1. The Wine Overseas Marketing Act 1929 comprises the Wine Overseas Marketing Act 1929 as amended by the other Acts specified in the following table:
---------------------------------------------------------------------------------
Number Date of Date of
Act and year Assent commencement
---------------------------------------------------------------------------------
Wine Overseas Marketing
Act 1929 No. 6, 1929 22 Mar 1929 Ss. 1, 2, 6 and 30:
Royal Assent
Remainder: 21 June
1929 (see Gazette
1929, p. 1445)
Wine Overseas Marketing
Act 1930 No. 48, 1930 18 Aug 1930 18 Aug 1930
Statute Law Revision Act
1934 No. 45, 1934 6 Aug 1934 6 Aug 1934
Wine Overseas Marketing
Act 1936 No. 94, 1936 7 Dec 1936 7 Dec 1936
Wine Overseas Marketing
Act 1945 No. 23, 1945 16 Aug 1945 13 Sept 1945
Wine Overseas Marketing
Act 1953 No. 36, 1953 17 Apr 1953 S.7: 1 July 1953
(see
Gazette 1953,
p.1820)
S.8: 2 Aug 1954
(see Gazette 1954,
p.2165)
Remainder: Royal
Assent
Wine Overseas Marketing
Act 1954 No. 39, 1954 29 Oct 1954 26 Nov 1954
Wine Overseas Marketing
Act 1961 No. 25, 1961 19 May 1961 19 May 1961
Wine Overseas Marketing
Act 1963 No. 62, 1963 28 Oct 1963 25 Nov 1963
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Wine Overseas Marketing
Act 1973 No. 141, 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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