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Wine Australia Corporation Act 1980
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In force
Administered by
Department of Agriculture, Fisheries and Forestry
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C2010C00871 C24
18 December 2010
-
18 April 2011
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Objects
4 Interpretation
4A Extension to external Territories
4B Application of the Criminal Code
5A Declared winemakers organisations
5B Declared wine grape growers organisation
5C Meaning of description and presentation
5D Where wine or grape extract originates
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Part II—Wine Australia Corporation
6 Establishment of Corporation
7 Functions of Corporation
8 Powers of Corporation
10 Power to enter into arrangements etc.
11 Committees
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Part III—Constitution and meetings of the Corporation
12 Nature of Corporation
13 Membership of Corporation
14 Term of office of members
15 Deputy Chairperson
16 Leave of absence
17 Resignation of members
20 Termination of appointments
21 Disclosure of interests by members of Corporation
22 Meetings of Corporation
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Part IVA—Wine Australia Corporation Selection Committee
29AA Interpretation
29A Establishment of Committee
29B Functions of Committee
29C Powers of Committee
29D Minister may request nominations
29E Selection of persons by Committee
29F Nomination
29G Minister may reject nominations
29H Membership of Committee
29J Acting Presiding Member
29K Casual vacancy
29L Remuneration and allowances of members of Committee
29M Leave of absence
29N Resignation
29P Termination of appointment of members of Committee
29Q Disclosure of interests by members of Committee
29R Meetings of Committee
29S Resolutions without meetings
29T Staff and consultants
29TA Annual report
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Part IVB—Annual general meeting of the industry
29U Interpretation
29V List of producers
29W Corporation to convene annual general meeting
29X Purpose of annual general meeting
29Y Conduct of annual general meeting
29ZA Minister to be notified of resolutions
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Part V—Staff
30 Employees
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Part VA—Operation of Corporation
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Division 1—Corporate plans
31 Corporation to develop corporate plans
31A Agreement to corporate plans
31B Variation of corporate plans by Corporation
31C Variations of corporate plans at request of Minister
31D Date of effect of variations
31E Notice of variation of corporate plans
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Division 2—Annual operational plans
31F Corporation to develop annual operational plans
31G Agreement to annual operational plans
31H Variation of annual operational plans
31J Notice of variation of annual operational plan
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Division 3—Directions
31K Directions to Corporation and Geographical Indications Committee
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Part VI—Finance
31L Corporation’s component of wine grapes levy
32 Payments to Corporation
33 Payments by Corporation to Commonwealth
34 Borrowing
34A Corporation may give security
34B Borrowings not otherwise permitted
35 Application of money of Corporation
38 Extra matters to be included in annual report
39 Liability to taxation
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Part VIA—Label integrity program
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Division 1—Preliminary
39A Object of Part
39B Operation of Part
39C Persons to whom this Part applies
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Division 2—Records relating to label claims
39F Obligation to keep records
39G When certain details are not required to be kept
39H Details required under section 39F
39J Offences relating to record-keeping requirements
39K Offences relating to requirement to provide and keep a copy of a record in relation to the supply of wine goods
39L Time for bringing prosecutions
39M Single wines and blends etc.
39ZAA Corporation may require records
39ZAB Failure to comply with section 39ZAA notice
39ZAC Corporation may retain records
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Division 3—Inspection
39ZA Appointment of inspectors
39ZB Identity cards
39ZC Monitoring powers of inspectors—exercised with consent
39ZD Monitoring warrants
39ZE Offence powers of inspectors—exercised with consent
39ZF Offence related warrants
39ZG Discovery of evidence
39ZH Power to require persons to answer questions and produce documents
39ZI Search warrants by telephone and other electronic means
39ZIA Offences relating to warrants by telephone and other electronic means
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Division 4—Use of records and results of inspection
39ZJ Corporation to assist enforcement of laws on description of wine
39ZK Proceedings not to lie against Corporation etc.
39ZL Corporation may assist in relation to levy
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Part VIB—Protection of geographical indications and other terms
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Division 1—Preliminary
40 Interpretation
40A Object of Part
40B Additional operation of Part
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Division 2—Provisions relating to sale, export or import of wine
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Subdivision A—Sale, export or import of wine with a false description and presentation
40C Offence—sale, export or import of wine with a false description and presentation
40D False descriptions and presentations
40DA Circumstances in which description and presentation is not false—general
40DB Circumstances in which description and presentation is not false—inclusion of registered traditional expressions
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Subdivision B—Sale, export or import of wine with a misleading description and presentation
40E Sale, export or import of wine with a misleading description and presentation
40F Misleading descriptions and presentations
40FA Circumstances in which description and presentation is not misleading—general
40FB Circumstances in which description and presentation is not misleading—inclusion of registered traditional expressions
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Subdivision C—Other provisions relating to sale, export or import of wine
40G Sale, export or import of wine in contravention of registered conditions of use
40J Exception for certain wines
40K Prosecution of offences
40M Application of national food standards to wines imported from foreign countries
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Division 3—Establishment, function and powers of Geographical Indications Committee
40N Establishment of Committee
40P Function and powers of Committee
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Division 4—Australian geographical indications
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Subdivision A—What this Division is about
40PA What this Division is about
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Subdivision B—Powers of Committee to determine geographical indications
40Q Power of Committee to determine geographical indications
40QA Committee must await decisions under Subdivision D
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Subdivision C—Applications for determinations of geographical indications
40R Applications for determinations
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Subdivision D—Objections to determination of geographical indications based on pre-existing trade mark rights
40RA Notice to be given of proposed geographical indication
40RB Grounds of objection to the determination of a geographical indication
40RC Consideration of objections
40RD Notice to be given of decision
40RE Decision that ground of objection no longer exists
40RF Appeals
40RG Decisions made under this Division not to affect rights under Trade Marks Act
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Subdivision E—Determinations of geographical indications
40SA When may a determination be made under this Subdivision?
40S Consultation by the Committee
40T Making of determinations
40U Interim determination
40V Publication of notice of interim determination
40W Final determination
40X Publication of notice of final determination
40Y Review of final determination
40Z Date of effect of final determination
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Division 4A—Omission of Australian registered geographical indications
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Subdivision A—What this Division is about
40ZAA What this Division is about
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Subdivision B—Omission of Australian GIs for non-use
40ZAB Power of Committee to determine that an Australian GI should be omitted from the Register
40ZAC Application
40ZAD Further information concerning an application
40ZAE Notice by Committee
40ZAF Determination by Committee
40ZAG Notice of determination
40ZAH AAT review of a determination
40ZAI Date of effect of determination to omit GI
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Subdivision C—Omission of Australian GIs because no longer required
40ZAJ Application
40ZAK Further information concerning an application
40ZAL Notice by Committee
40ZAM Meaning of interested person
40ZAN Determination by Committee
40ZAO Notice of determination
40ZAP Date of effect of determination to omit Australian GI
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Division 4B—Foreign geographical indications and translations
40ZAQ Determination of foreign geographical indications and translations
40ZAR Appeals against decisions of Registrar of Trade Marks
40ZAS Decisions not to affect rights under Trade Marks Act
40ZAT Determinations for the omission from the Register of foreign geographical indications and translations
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Division 5—Register of Protected Geographical Indications and Other Terms
40ZA Registrar
40ZB Functions of Registrar
40ZC Register of Protected Geographical Indications and Other Terms
40ZD Contents of Register
40ZE Inspection of Register
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Division 6—Inspection
40ZF Inspection powers
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Part VII—Miscellaneous
41A Remuneration and allowances of members of Corporation etc.
43 Delegation
44 Offences in relation to export of grape products
44AA Time for bringing prosecutions
44AB Injunctions
44A Conduct by directors, servants or agents
45 Operation of certain laws not restricted
46 Regulations
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Part VIII—Repeal of certain Acts and consequent transitional provisions
47 Interpretation
49 Rights etc. of Board to vest in Corporation etc.
50 Instrument etc. not liable to stamp duty etc.
51 Application of moneys of Corporation
53 Employees of Board
54 Report on operations of Board
55 Regulations
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Schedule—Administrative provisions relating to the Geographical Indications Committee
1 Interpretation
2 Membership of Committee
3 Acting Presiding Member
4 Alternate members of the Committee
5 Term of office
6 Resignation
7 Termination of appointment
8 Leave of absence
9 Disclosure of interests by Committee members
10 Meetings
11 Staff and consultants
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12 Information for inclusion in Corporation’s annual report
Notes to the STYLEREF ShortT \* MERGEFORMAT Wine Australia Corporation Act 1980