Federal Register of Legislation - Australian Government

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Wine Research Act 1955

Act No. 11 of 1955 as amended, taking into account amendments up to Act No. 163 of 1980
Registered 08 Dec 2009
Start Date 01 Jul 1981
End Date 01 Jul 1988
Date of repeal 01 Jul 1988
Repealed by Wine Research Repeal Act 1986

WINE RESEARCH ACT 1955 [Note: This Act is "repealed" by Act No. 62 of 1986]
(#DATE 30:06:1984)

- Reprinted as at 30 June 1984
*1* The Wine Research Act 1955 as shown in this reprint comprises Act No. 11, 1955 amended as indicated in the Tables below.
(The citation "Wine Research Act 1955" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.)
Table of Acts
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
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Wine Research Act
1955 11, 1955 31 May
1955 31 May 1955
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct
1966 1 Dec 1966 -
Wine Research
Amendment Act 1980 163, 1980 10 Dec
1980 1 July 1981 (see
s. 2 and Gazette
1981 No. S123, p.
1) -
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Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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S. 4 . . . . . . . . rs. No. 163, 1980
S. 5 . . . . . . . . am. No. 163, 1980
S. 6 . . . . . . . . am. No. 93, 1966; No. 163, 1980
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WINE RESEARCH ACT 1955 - LONG TITLE

SECT

An Act to make available for the benefit of The Australian Wine Research Institute moneys held in the Wine Industry Assistance Account established under the Wine Export Bounty Act 1947, and to repeal that Act

WINE RESEARCH ACT 1955 - SECT 1
Short title

SECT

1. This Act may be cited as the Wine Research Act 1955.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

WINE RESEARCH ACT 1955 - 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 RESEARCH ACT 1955 - SECT 3
Repeal

SECT

3. The Wine Export Bounty Act 1947 is repealed.

WINE RESEARCH ACT 1955 - SECT 4
Interpretation

SECT

4. 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;
"Fund" means the Wine Research Trust Fund established by section 5;
"Institute" means the company incorporated in South Australia by the name of the Australian Wine Research Institute.


WINE RESEARCH ACT 1955 - SECT 5
Establishment of Wine Research Trust Fund

SECT

5. (1) For the purposes of this Act, there shall be a Wine Research Trust Fund, which shall be a Trust Account for the purposes of section 62A of the Audit Act 1901.

(2) The moneys which, immediately before the commencement of this Act, stood to the credit of the Wine Industry Assistance Account established under the Wine Export Bounty Act 1947 shall be credited to the Fund.

(3) Income received from the investment of moneys standing to the credit of the Fund forms part of the Fund.

WINE RESEARCH ACT 1955 - SECT 6
Expenditure from Fund

SECT

6. (1) There shall be paid to the Institute out of the Fund, for the purposes of capital expenditure, such amounts as the Minister from time to time approves, not exceeding in all the sum of $200,000.

(2) In addition to any moneys paid under sub-section (1), there shall be paid to the Institute out of the Fund amounts not exceeding the additional moneys accruing to the Fund from time to time from the investment of moneys standing to the credit of the Fund.

(3) Moneys paid to the Institute under sub-section (2) shall be paid-
(a) in such amounts as the Minister is satisfied are necessary for the purpose of expenditure upon items included in estimates of expenditure submitted to the Minister by the Institute, being items approved by the Minister; and
(b) upon condition that they will not, without the approval of the Minister, be used otherwise than for that purpose.


(4) Unless the Minister in special circumstances otherwise determines, moneys shall not be paid to the Institute under sub-section (2) in a financial year unless the Corporation undertakes to make available to the Institute in that year a sum of not less than $8,000 or, if the amount paid in that year under sub-section (2) is less than $8,000, a sum not less than the amount so paid.

WINE RESEARCH ACT 1955 - SECT 7
Alterations to memorandum and articles of association

SECT

7. (1) If an alteration is made to the memorandum or articles of association of the Institute without the approval of the Minister, no further moneys shall be paid to the Institute in pursuance of this Act.

(2) The Minister shall not approve a proposed alteration to the memorandum of association of the Institute unless the memorandum, as proposed to be altered, would continue to include amongst the objects for which the Institute is established objects tending to the promotion of the export trade in wine.