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Wine Australia Act 2013
No. 161, 1980
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In force
Administered by
Department of Agriculture, Fisheries and Forestry
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C2025C00117 C42
21 February 2025
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Part I—Preliminary
1 Short title
2 Commencement
3 Objects
4 Interpretation
4AA Expressions defined in the Primary Industries Levies and Charges Disbursement Act 2024
4A Extension to external Territories
5A Declared winemakers organisations
5B Declared wine grape growers organisation
5BA Representative organisations
5C Meaning of description and presentation
5D Where wine or grape extract originates
5E Vacancy in the office of a director of the Authority
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Part II—Wine Australia
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Division 1—Establishment, functions and powers of the Authority
6 Wine Australia
7 Functions of the Authority
7A Constitutional limits
7B Uniformity
8 Powers of the Authority
10 Power to enter into arrangements etc.
10A Agreements for carrying out grape or wine research and development activities by other persons
10B Agreements for carrying out grape or wine research and development activities with other persons
10C Grants relating to grape or wine research and development activities
10D Consultations with persons and organisations
11 Committees
11A Authority does not have privileges and immunities of the Crown
Division 2—Constitution and membership of the Authority
12 Constitution of the Authority
13 Membership of the Authority
14 Appointment of directors of the Authority
15 Period of appointment for directors of the Authority
16 Acting directors of the Authority
17 Deputy Chair
Division 3—Terms and conditions for directors of the Authority
18 Remuneration
19 Disclosure of interests
20 Outside employment
21 Leave of absence
22 Resignation
23 Termination of appointment
24 Other terms and conditions
Division 4—Decision making by the Authority
25 Holding of meetings
26 Presiding at meetings
26A Quorum
26B Voting at meetings etc.
26C Conduct of meetings
26D Minutes
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Part IV—Wine Australia Selection Committee
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Division 1—Introduction
27A Simplified outline of this Part
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Division 2—Establishment, functions and powers of the Authority Selection Committee
27B Authority Selection Committee
27C Functions of the Authority Selection Committee
27D Powers of the Authority Selection Committee
27E Minister may request nominations
27F Selection of persons by the Authority Selection Committee
27G Nominations
27H Minister may reject nominations
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Division 3—Membership of the Authority Selection Committee
27J Membership of the Authority Selection Committee
27K Appointment of members of the Authority Selection Committee
27L Period of appointment for members of the Authority Selection Committee
27M Acting Presiding Member of the Authority Selection Committee
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Division 4—Terms and conditions for members of the Authority Selection Committee
27N Remuneration
27P Disclosure of interests to the Minister
27Q Disclosure of interests to the Authority Selection Committee
27R Outside employment
27S Leave of absence
27T Resignation
27U Termination of appointment
27V Other terms and conditions
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Division 5—Decision making by the Authority Selection Committee
27W Holding of meetings
27X Presiding at meetings
27Y Quorum
27Z Voting at meetings etc.
27ZA Conduct of meetings
27ZB Minutes
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Division 6—Other matters
27ZC Staff and consultants
27ZE Definitions
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Part IVB—Annual general meeting of the grape industry and the wine industry
29U Interpretation
29V List of producers
29W Authority to convene annual general meeting
29X Purpose of annual general meeting
29Y Conduct of annual general meeting
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Part V—Staff and consultants
30 Employees
30A Consultants
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Part VA—Operation of Authority
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Division 1—Corporate plans
31 Corporate plans—5 year periods
31A Corporate plan—initial period
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Division 2—Annual operational plans
31F Authority to develop annual operational plans
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Division 3—Directions
31K Directions to Authority and Geographical Indications Committee
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Part VI—Finance
34 Borrowing
34A Authority may give security
34B Borrowings not otherwise permitted
35 Application of money of the Authority
38 Annual report
38A Accountability to representative organisations
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 Authority may require records
39ZAB Failure to comply with section 39ZAA notice
39ZAC Authority 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—Other matters
39ZJ Authority to assist enforcement of laws on description of wine
39ZK Proceedings not to lie against Authority etc.
39ZL Authority 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
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
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
Division 3—Establishment, function and powers of Geographical Indications Committee
40N Establishment of Committee
40P Function and powers of Committee
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
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 Administrative Review Tribunal 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
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
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
Division 6—Inspection
40ZF Inspection powers
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Part VII—Miscellaneous
41A Remuneration and allowances of members of Geographical Indications Committee etc.
42 Delegation by Minister
43 Delegation by Authority
44 Offences in relation to export of grape products
44AA Time for bringing prosecutions
44AB Injunctions
44A Conduct by directors, employees or agents
45 Operation of certain laws not restricted
45A Label Directory
46 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
12 Information for inclusion in Authority’s annual report
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
