Federal Register of Legislation - Australian Government

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SLI 2012 No. 161 Regulations as made
This regulation amends the Wine Australia Corporation Regulations 1981 to include a provision allowing a person to make an objection to the determination of an Australian geographical indication (GI) on the basis that the name of the GI was already in common use as the name of a type or style of wine or as the name of a variety of grapes.
Administered by: Agriculture, Fisheries and Forestry
Made 12 Jul 2012
Registered 13 Jul 2012
Tabled HR 14 Aug 2012
Tabled Senate 14 Aug 2012
Date of repeal 19 Jul 2013
Repealed by Agriculture, Fisheries and Forestry (Spent and Redundant Instruments) Repeal Regulation 2013

Commonwealth Coat of Arms

Wine Australia Corporation Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 161

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Wine Australia Corporation Act 1980.

Dated 12 July 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

PETER DOUGLAS SIDEBOTTOM


1              Name of regulation

                This regulation is the Wine Australia Corporation Amendment Regulation 2012 (No. 1).

2              Commencement

                This regulation commences on the day after it is registered.

3              Amendment of Wine Australia Corporation Regulations 1981

                Schedule 1 amends the Wine Australia Corporation Regulations 1981.


Schedule 1        Amendments

(section 3)

 

[1]           After regulation 28

insert

28A         Modifications of Division 4 of Part VIB of the Act

                For subsection 40PA (3) of the Act, the provisions of Division 4 of Part VIB of the Act apply as if they were modified as set out in Schedule 4.

[2]           Regulation 45, definition of party, paragraph (b)

substitute

               (b)    if the objection was made on a ground mentioned in subsection 40RB (1), (3) or (4) of the Act—the owner of the trade mark concerned;

              (ba)    if the objection was made on a ground mentioned in subsection 40RB (5) of the Act—the person who made the objection;

[3]           After Schedule 3

insert

Schedule 4        Modification of Division 4 of Part VIB of the Act

(regulation 28A)

  

1              After subsection 40RB (4)

insert

Common use

         (5)   A person may object to the determination of a proposed GI on the ground that the proposed GI is used in Australia:

                (a)    as the common name of a type or style of wine; or

               (b)    as the name of a variety of grapes.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.