WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPlNlI/AUS/G/l 
31 July 1996 
(96-3048) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Australia 
The present document reproduces the following laws and regulations 1 , as notified by Australia 
under Article 63.2 of the Agreement (see document IP/N/lIAUSllIRev.1). 
Australian Wine and Brandy Corporation Act 1980 2 
(Reprinted as at 30 April 1993) 
Australian Wine and Brandy Corporation Amendment 65 
Act 1993 (No. 93 of 1993) 
lIn English only IPINIII AUS/G/I 
Page 2 
REPRINT No. 2 
AUSTRALIAN WINE AND BRANDY CORPORATION 
ACT 1980 
Reprinted as at 30 April 1993 IP/N/l! AUS/G/l 
Page 3 
REPRINT No. 2 
AUSTRALIAN WINE AND BRANDY CORPORATION 
ACT 1980 
Reprinted as at 30 April 1993 
TABLE OF PROVISIONS 
Section 
PART I-PRELIMINARY 
1 . Short title 
2. Commencement 
3. Objects 
4. Interpretation 
SA. Declared winemakers orgamsations 
PART 11-THE AUSTRALIAN WINE AND BRANDY CORPORATION 
6. Establishment of Corporation 
7. Functions of Corporation 
8. Powers of Corporation 
9. Contracts for carriage of grape products 
to. Power to enter into arrangements etc. 
11 . Committees 
PART Ill-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 
PART IVA-AUSTRALlAN WINE AND BRANDY CORPORATION 
SELECTION COMMITIEE 
29A. Establishment of Committee 
29B. Functions of Committee 
29C. Powers of Committee IP/N/1/AUS/G/l 
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ii Australian Wine and Brandy Corporation Act 1980 
TABLE OF PROVISIONS -continued 
Section 
290. 
29E. 
29F. 
29G. 
29H. 
29J. 
29K. 
29l. Minister may request nominations 
Selection of persons by Committee 
Nomination 
Minister may reject nominations 
Membership of Committee 
Acting PreSiding Member 
Casual vacancy 
Remuneration and allowances of members of Committee 
Leave of absence 29M. 
29N. 
29P. 
29Q. 
29R. 
29S. 
29T. 
29U. 
29V. 
29W. 
29X. 
29Y. 
29Z. 
29ZA. Resignation 
Determination of apPointment of members of Committee 
Disclosure of inter~3sts by members of Committee 
Meetings of Committee 
Resolutions without meetings 
Staff and consultants 
PART IVB -ANNUAL GENERAL MEETING OF THE INDUSTRY 
Interpretation 
List of wmemakers 
Corporation to convene annual general meeting 
Purpose of annual general meeting 
Conduct of annual general meeting 
Voting at annual general meetings 
Minister to be notified of resolutions 
PART V-STAFF 
30. Employees 
PART VA-OPERATION OF CORPORATION 
Division 1-Corporate Plans 
31. Corporation to develop corporate plans 
31 A. Agreement to corporate plans 
31 B. Variation of corporate plans by Corporation 
31 C. Variations of corporate plans at request of Minister 
31 D. Date of effect of variations 
31 E. Notice of variation of corporate plans 
Division 2 -Annual Operational Plans 
31 F. Corporation to develop annual operational plans 
31 G. Agreement to annual operational plans 
31 H. Variation of annual operational plans 
31J. Notice of variation of annual operational plan 
Division 3-Directions 
31 K. Directions to Corporation 
PART VI-FINANCE 
32. Payments to Corporation 
33. Payments by Corporation to Commonwealth 
34. Borrowing 
34A. Corporation may give security 
34B. Borrowings not otherwise permitted Section 
35. 
36. 
38. 
38A. 
39. 
39A. 
39B. 
39C. 
390. 
39E. 
39F. 
39G. 
39H. 
39J. 
39K 
39L 
39M. 
39N. 
39P. 
39Q. 
39R. 
395. 
39T. 
39U. 
39V. 
39W. 
39X. 
39Y. 
39Z. 
39ZAAA. 
39ZAA. 
39ZAB. 
39ZAC. 
39ZA. 
39ZB. 
39ZC. 
39Z0. 
39ZE. 
39ZF. 
39ZG. 
39ZH. 
39ZJ. 
39ZK. 
39ZL IPINIl! AUS/G/l 
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Australian Wine and Brandy Corporation Act 1980 
TABLE OF PROVISIONS-continued 
Application of money of Corporation"" 
Investment 
Application of Division 2 of Part XI of Audit Act 
Appointment of commercial auditors 
Uability to taxation 
PART VIA-LABEL INTEGRITY PROGRAM 
Object of Part 
Operation of Part 
Interpretation 
Sales with a label claim 
Penalties Division 1-Preliminary 
Division 2 -Records relating to Label Claims 
Wine manufacturers to keep records of receipt of wine goods iii 
Wine manufacturers to keep records of manufacture of certain single 
wines 
Wine manufacturers to keep records of manufacture of certain blends 
Wine manufacturers to keep records of saJes of certain wine 
Wine manufacturers to keep records of disposals of certain wine 
Direct saJes 
Wine manufacturers to keep records of transfers of certain wine 
Wine manufacturers to keep records of production of certain grape 
extract 
Wine manufacturers to keep records of sales of certain grape extract 
Wine manufacturers to keep records of disposal of certain grape extract 
Wine manufacturers to keep records of transfers of certain grape extract 
Making of records 
Records to relate to a winery 
Keeping of records 
Record of person 
Characteristics to be recorded 
Record of variety 
Record of region of origin 
Record of blends etc. 
Offences in relation to record-keeping 
Corporation may require records 
Failure to comply with section 39ZAA notice 
Corporation may retain records 
Division 3-lnspection 
Appointment at inspectors 
Identity cards 
Monitoring powers of inspectors -exercised with consent 
Monitoring warrants 
Offence powers of inspectors-exercised with consent 
Offence related warrants 
Discovery of evidence 
Power to require persons to answer questions and produce documents 
Division 4-Use of Records and Results of Inspection 
Corporation to assist enforcement of laws on description of wine 
Proceedings not to lie against Corporation etc. 
Corporation may assist in relation to levy IP/N/lIAUS/G/l 
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iv Australian Wine and Brandy Corporation Act 1980 
TABLE OF PROVISIONS-continued 
Section 
PART VII-MISCELLANEOUS 
40. Remuneration and allowances of members of Corporation etc. 
41. IndemnIty , . 
42. Corporation may require information 
43. Delegation 
44. Offences in relation to export of grape products 
44A. Conduct by directors. servants or agents 
45. Operation of certain laws not.restricted 
46. Regulations 
PART VIII-REPEAL OF CERTAIN ACTS AND CONSEQUENT 
TRANSITIONAL PROVISIONS 
47. Interpretation 
48. Repeal of certain Acts 
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 . 
52. Moneys to be paid to Corporation in respect of levy etc. 
53. Employees of Board 
54. Report on operations of Board 
55. Regulations . ~ 
SCHEDULE 
ACTS REPEALED ~i\~RSTRA:,~!~~ -.777.7~~-lP/NIl! AUSIG/l 
Page 7 
AUSTRALIAN WINE AND BRANDY CORPORATION 
ACT 1980 
An Act to establish an Australian Wine and Brandy Corporation. and 
for related purposes 
PARTI-PRELThfiNARY 
Short title 
1. This Act may be cited as the Australian Wine and Brandy 
Corporation Act 1980.1 
Commencement 
2.1 (1) Sections 1 and 2 and subsection 13 (4) shall come into 
operation on the date on which this Act receives the Royal Assent. 
(2) The remaining provisions of this Act shall come into operation 
on a date to be fixed by Proclamation. 
Objects 
3. (1) The objects of this Act are: 
(a) to promote and control the export of grape products from 
Austr~lia; 
(b) to promote and control the sale and .distribution~ after export. 
of Australian grape products~ 
(c) to promote trade and commerce in grape products among the 
States y between States and Territories and within the Territor­
ies~ and 
(d) to improve the production of grape products .. and encourage 
the consumption of grape products, in the Territories; 
and this Act shall be construed and administered accordingly. lP/NIl! AUS/G/l 
Page 8 
Australian Wine and Brandy Corporation Act 1980 
s.4 
(2) The Corporation shall perform its functions or exercise its 
powers only for the purpose of achieving an object specified in 
subsection (1). 
Interpretation 
4. (1) In this Act. unless the contrary intention appears: 
"annuaJ general meeting" means a meeting that the Corporation is 
required to convene under section 29W; 
"annual operational plan" means a plan developed by the Corporati 
and approved by the Minister in accordance with Division 2 or 
Part VA; 
"Chairperson" means the Chairperson of the Corporation; 
"commencing date" means the date fixed under subsection 2 (2): 
"Committee" means the Australian Wine and Brandy Corporation 
Selection Committee established by this Act; J' " 
"corporate plan" means a plan developed by the Corporation and 
approved by the Minister in accordance with Division 1 of Part VA; 
"Corporation" means the Australian Wine and Brandy Corporation 
established by this Act; , 
"declared winemakers organisation" means an organisation declared to 
be a declared winemakers organisation by a declaration in force under 
section SA; 
"Deputy Chairperson" means the Deputy Chairperson of the Corpora­
tion; 
"dried grapes" means grapes containing less than 60% of moisture; 
"fresh grapes" means grapes containing not less than 60% of moistul1 
"grape product" means: . 
(a) wine manufactured in Australia from prescribed goods; 
(b) brandy distilled' in Australia from any such wine; 
(c) grape spirit manufactured in Australia from prescribed goods 
and suitable for the fortifying of wine or the manufacture of 
brandy; or 
(d) a product (being prescribed goods or a product derived in 
whole or in part from prescribed goods) declared by the 
regulations to be a grape product for the purposes of this Act; 
"industry" means the grape products industry in Australia; 
"member" means a member of the Corporation and jncludes the 
Chairperson; 
"prescribed goods" means: 
(a) fresh grapes; 
(b) dried grapes; and 
(c) grape juice. whether single-strength or concentrated; Ip/N/l/ADS/G/! 
Page 9 
Australian Wine and Brandy Corporation Act 1980 
s. SA 
being grapes or grape juice produced iD Australia: 
"Presiding Member" means the Presiding Member of the Committee; 
"year" means a period of 12 months commencing on 1 July. 
(2) For the purposes of this Act: 
Ca) the Chairperson may be referred to as the Chairman or the 
Chairwoman, as the case requires; and 
(b) the Deputy Chairperson may be referred to as the Deputy 
Chairman or the Deputy Chairwoman, as the case requires. 
Declared winemakers organisations 
SA. Where the minister considers that an organisation is a national 
organisation which is representative of winemakers, the Minister may. 
by notice in writing published in the Gazelle, declare that organisation 
to be a declared winemakers organisation. 
PART ll-THE AUSTRAliAN WINE AND BRANDY CORPORATION 
Establishment of Corporation 
6. There is established by this Act a corporation by the name of 
the Australian Wine and Brandy Corporation. 
Functions of Corporation 
7. The functions of the Corporation are: 
Ca) to promote and control the export of grape products from 
Australia; 
(b) to encourage and promote the consumption and sale of grape 
products both in Australia and overseas; 
(c) to improve the production of grape products in Australia: 
(d) to conduct. arrange for. and assist in, research relating to the 
marketing of grape products; and 
(e) such other functions in connection with grape products as are 
conferred on the Corporation by this Act or the regulations. 
Powers of Corporation 
8. (1) Subject to this Act~ the Corporation has power to do all 
things necessary or convenient to be done for. or in connection with. 
the performance of its functions. IP/~/1/j\lJS/(J/1 
Page 10 
Australian Wine and Brandy Corporation Act 1980 
s.9 
(2) \Vithout limiting the generality of subsection (1); the powers of 
the Corporation referred to in that subsection include power: 
(a) to control the export of grape products from Australia by 
determining the persons. other than the Corporation. who shall 
be permitted to export grape products and the conditions 
under which such exports will be permitted~ 
(b) at the request of a person engaging, or proposing to engage. in 
the export of a grape product, to co-ordinate activities relating 
to the promotion of the export of the grape product: 
I (c) where a grape product proposed to be exported from Australi .... 
to a foreign country meets the requirements of that country for 
importation into that country, issue certificates that the prod­
uct meets those requirements; 
(d) to the extent required to promote the export of grape products 
from Australia. or the sale of grape products overseas. by 
persons other than the Corporation, to buy, sell or otherwise 
engage in trade in grape products and do all things necessary 
or convenient for engaging in that trade: . 
(e) to engage. or make arrangements with, persons, organisations 
or companies to perform work, or act as agent, for the Cor­
poration, whether in Australia or overseas: 
(f) to charge such fees as are fair and proper to enable the 
Corporation to meet costs incurred by the Corporation in 
administering licensing arrangements relating to th~ .export of 
grape products (including costs in relation to the grant or 
renewal of licences) and in ensuring that persons who are 
licensed to export grape products comply with the condition 
under which the export of the grape products is permitted: 
(g) to charge for the provision of services, or the performance of 
work. by, or on behalf of, the Corporation; and 
(h) to waive the payment of fees and charges payable to the 
Corporation. 
(3) Subject to subsection 31 K (4), the Corporation shall endeavour 
to ensure. to the extent that it is practicable to do so, that the 
performance at any time of its functions and the exercise at any time 
of its powers is consistent with, and designed to give effect to, the 
provisions of any corporate plan and of any annual operational plan in 
force at that time. 
Contracts for carriage of grape products 
9. (1) The Corporation may, by notice published in the Gazelle. 
approve a person as a carrier for the purposes of the carriage of a 
specified grape product to a specified place outside Australia. IP/N/l! AUS/G/l 
Page 11 
Australian Wine and Brandy Corporation Act 1980 
s.9 
(2) The Corporation may, by notice published in the Gazette. 
determine that a contract, or a contract included in a class of con­
tracts. for the carriage of a specified grape product to a specified place 
outside Australia shall not be entered into except with the approval of 
the Corporation. 
(3) An approval under subsection (2) may be given subject to such 
conditions (if any) as the Corporation determines. 
(4) While an approval under subsection (1) is in force in relation 
to a place outside Australia, a person shall not enter into a contract 
with another person for the carriage by that other person of a grape 
product specified in the notice of approval to that place unless that 
other person is approved under that subsection in relation to that 
place. 
Penalty: 56.000. 
(5) A person other than the Corporation shall not enter into a 
contract with another person for the carriage by that other person of a 
grape product in relation to which a notice under subsection (2) is in 
force to a place outside Australia specified in that notice except with 
the approval of the Corporation and in conformity with the conditions 
(if any) to which that approval is subject. 
Penalty: 56.000. 
(6) Subsection (4) does not apply to the Corporation in relation to 
any grape product when acting on its own behalf or as the agent of the 
owner of the grape product or of a person having the authority to 
export the grape product. 
(7) A collector or officer for the purposes of the Cu.stoms Act 1901 
may require a person who seeks to export from Australia to a place 
outside Australia in relation to which a notice under subsection (2) is 
in force a grape product specified in the notice. on making entry of 
the grape product under that Act and before the entry has been 
passed. to satisfy him that: 
(a) the contract for the carriage of the grape product to that place 
wa"s entered into with the approval of "the Corporation and in 
conformity with the conditions (if any) to which that appro\'al 
is subject; and " 
(b) the carrier undertaking the carriage of the grape product to 
that place is approved by the Corporation under subsection (1) 
as a carrier for the purposes of the carriage to that place of a 
gr"ape product of a kind to which that contract relates: 
and the collector or officer may refuse to pass the entry until that 
person has so satisfied him. IPINIl! AUS/G/l 
Page 12 
Australian Wine and Brandy Corporation Act 1980 
s. 10 
(8) A contract entered into for the carriage of a grape product to a 
place outside Australia is not unenforceable~ voidable or void by 
reason only of the contract having been entered into in contravention 
of subsection (4) or (5). 
Power to enter into arrangements etc. 
10. Without limiting the generality of section 8, the Corporation 
may enter into arrangements or agreements with persons, authorities 
or organizations in Australia or overseas. or, with the consent of the 
rY1inister. with a State. for the purposes of the Corporation. 
Committees 
11. (1) The Corporation may appoint a committee to assist t1 
Corporation in relation to a matter. 
(lA) Without limiting subsection (1), the Corporation may appoint 
a committee under that subsection to perform the functions appro­
priate for an executive committee of the Corporation. 
(2) A committee established under this section shall consist of 
such persons. including at least 1 member of the Corporation, as the 
Corporation thinks fit. 
PART HI-CONSTITUTION AND l\1EETINGS OF THE 
CORPORATION 
Nature of Corporation 
12. (1) The Corporation: 
(a) is a body corporate with perpetual succession; 
(b) shall have a common seal; 
(c) may acquire, hold and dispose of real and personal propert 
and 
(d) may sue and be sued in its corporate name. 
(2) All courts. judges and persons acting judicially shall take 
judicial notice of the common seal of the Corporation affixed to a 
document and shall presume that it was duly affixed. 
Membership of Corporation 
13. (1) The Corporation shall consist of: 
(a) a Chairperson; 
(b) a Government member; and 
(c) 6 other members. IP/N/l! ADS/GIl 
Page 13 
Australian Wine and Brandy Corporation Act 1980 
(2) The members shall be appointed by the Minister in writing. 
(3) The members shall be appointed as part-time members. s.14 
(4) The Minister shall not appoint a person to be a member 
referred to in paragraph ( 1) (c) unless the Minister is satisfied that the 
person has knowledge of. or experience in, winemaking, grape growing, 
marketing, finance, administration or business management. 
(5) The members referred to in paragraph (1) (c) shall be ap­
pointed from persons nominated by the Selection Committee in accor­
dance with section 29F. 
(6) A member holds office on such terms and conditions (in 
respect of matters not provided for by this Act) as are detemined by 
the Minister in writing. 
(7) The performance of the functions and the exercise of the 
powers of the Corporation are not affected by reason only of there 
being a vacancy or vacancies in the membership of the Corporation. 
Term of office of members 
14. (1) Subject to this Act, the Chairperson or a member referred 
to in paragraph 13 (1) (c) holds office for such period, not exceeding 3 
years, as is specified in the instrument of appointment, but he or she is 
eligible for re-appointment. 
(2) The member referred to in paragraph 13 (1) (b) holds office 
during the pleasure of the Minister. 
(3) Subject to subsection (4), a person who has attained the age of 
65 years shall not be appointed as a member and a person shall not be 
appointed as a member for a period that extends beyond the day on 
which the person will attain the age of 65 years. 
(4) Subsection (3) does not apply to the appointment of a person 
as a member if the Minister is satisfied that that person possesses 
special skills that the Corporation requires for the performance of its 
functions. 
., 
(5) Whenever a vacancy occurs in the office of Chairperson or of a 
member referred to in paragraph 13 (1) (c) before the expiration of 
the person's term of office, the Minister may, in accordance with. and 
subject to, section 13, appoint a person to the office for the remainder 
of that period. IPINIl! AUS/G/1 
Page 14 
Australian Wine and Brandy Corporation Act 1980 
s. 15 
Deputy Chairperson 
15. (1) The Minister shall~ by wntlng signed by the Minister. 
appoint a member other than the Chairperson or the member referred 
to in paragraph 13 (1) (b) to be Deputy Chairperson of the Corpora-
tion. . 
(2) The Minister shall not appoint a member as the Deputy 
Chairperson unless the Minister has consulted with the Chairperson_ 
and the Presiding Member concerning the appoint.ment. 
(3) Subject to this Act, the Deputy Chairperson holds office for 
such period as is specified in the instrument of appointment, but he or 
she is eligible for re-appointment. 
(4) The Minister may, at any time, terminate an appointment 
under subsection (1). 
(5) A member holding office as Deputy Chairperson may resign 
that office by writing signed by him or her and delivered to the 
Minister. 
(6) A member holding office as Deputy Chairperson ceases to hold 
that office if he or she ceases to be a member. 
(7) Whenever a vacancy occurs in the office of Deputy 
Chairperson before the expiration of the period of his or her appoint­
ment. the Minister may, in accordance with this section, appoint 
another member to hold that office for the remainder of that period. 
(8) While the office of Chairperson is vacant or the Chairperson f­
absen t from A ustralia or is, for any other reason .. unable to perforr 
the functions of the office of Chairperson and the Deputy Chairperson 
is available to perform the functions of the office of Chairperson, the 
Deputy Chairperson has and may exercise all the powers, and shall 
perform all the functions, of the Chairperson ~nder this Act. 
Leave of absence 
16. (1) The Minister may grant leave of absence to the 
Chairperson from a meeting or meetings of the Corporation~. 
(2) The Chairperson may grant leave of absence to another 
member from a meeting or meetings of the Corporation. 
Resignation of members 
17. A member may resign from the office of member by writing 
signed by the member delivered to the Minister. IP/NIl/AUS/GI 1 
Page 15 
Australian Wine and Brandy Corporation Act 1980 
s.20 
Termination of appointments 
20. (1) The Minister may terminate the appointment of a member 
by reason of the misbehaviour, or the physical or mental incapacity, of 
the member. 
(4) If a member: 
(a) becomes bankrupt. applies to take the benefit of any law for 
the relief of bankrupt or insolvent debtors. compounds with 
his or her creditors or makes an assignment of his or her 
remuneration for their benefit; 
(b) fails. without reasonable excuse. to comply with his or her 
obligations under section 21; 
(c) being a member to whom subsection 40 (7) applies, fails. 
without reasonable excuse, to comply with the condition re­
ferred to in that subsection; or 
(d) is absent from 3 consecutive meetings of the Corporation 
otherwise than: 
(i) on business of the Corporation undertaken with the 
approval of the Corporation or of a committee of the 
Corporation; or 
(ii) on leave of absence granted under section 16: 
[he Minister shall terminate the appointment of the member. 
Disclosure of interests by members of Corporation 
21. (1) A member who has a direct or indirect pecuniary interest 
in a matter being considered or about to be considered by the 
Corporation shall, as soon as possible after the relevant facts have 
come to the knowledge of the member, disclose the nature of that 
interest at a meeting of the Corporation. 
(2) A disclosure under subsection (1) shall be recorded in the 
minutes of the meeting of the Corporation and the member shall not, 
unless the Minister or the Corporation otherwise determines: 
(a) be present during any deliberation' of the Corporation with 
respect to that matter; or 
(b) take part in any decision of the Corporation with respect to 
that matter. 
(3) For the purpose of the making of a determination by the 
Corporation under subsection (2) in relation to a member who has 
made a disclosure under subsection (1), a member who has a direct or 
indirect pecuniary interest in the matter to which the disclosure relates 
shall not: 
(a) be present during any deliberation of the Corporation for the 
purpose of making the determination; or IP/N/l! AUS/G/l 
Page 16 
Australian Wine and Brandy Corporation Act 1980 
s.22 
(b) take part in the making by the Corporation of the determina­
tion. 
(4) A member who is a wine maker or a grape grower shall not be 
taken to have a pecuniary interest in a matter being considered or 
about to be considered by the Corporation by reason only of being a 
winemaker or a grape grower. 
Meetings of Corporation 
22. (1) Subject to this section, meetings of the Corporation SUQl.l 
be held at such times and places as the Corporation from time to time 
determines. 
(2) The Chairperson may at any time convene a meeting of the 
Corporation. 
(3) At a meeting of the Corporation~ 5 members constitute a 
quorum. 
(4) The Chairperson shall preside at all meetings of the Corpora­
tion at which the Chairperson is present. 
(5) If the Chairperson is not present~ but the Deputy Chairperson 
is present. at a meeting of the Corporation, the Deputy Chairperson 
shall preside at that meeting. 
(6) If neither the Chairperson nor the Deputy Chairperson is 
present at a meeting of the Corporation. the members present shall 
elect one of their number to preside at that meeting. 
(7) A question arising at a meeting of the Corporation shall 
decided by a majority of the votes of the members present and voting. 
(8) The member presiding at a meeting of the Corporation has a 
deliberative vote and. in the event of an equality of votes, has a casting 
vote. 
(9) The Corporation shall keep minutes of its proceedings. 
(10) Subject to the preceding provisions of this section, the 
procedure at meetings of the Corporation shall be as determined by 
the Corporation. 
(11) The Corporation may invite a person to attend a meeting of 
the Corporation for the purpose of advising or informing the Corpora­
tion on any matter. 
(12) A person referred to in subsection (11) shall be paid such 
fees, allowances and expenses (if any) as the Corporation determines 
in respect of the person's attendance at a meeting of the Corporation. lPINll! AUS/GIl 
Page 17 
Australian Wine and Brandy Corporation Act 1980 
s.29A 
PART IVA-AUSTRALIAN WINE AND BRANDY CORPORATION 
SELECTION COMMITIEE 
Establishment of Committee 
29A. A Committee by the name of the Australian Wine and 
Brandy Corporation Selection Committee is established. 
Functions of Committee 
29B. The functions of the Committee are: 
(a) to select persons to be nominated for appointment as members 
of the Corporation referred to in paragraph 13 (1) (c); and 
(b) to nominate persons so selected to the Minister for appoint­
ment as members of the Corporation. 
Powers of Committee 
29C. The Committee has power to do all things that are necessary 
or convenient to be done for~ or in connection with. the performance 
of its functions. 
Minister may request nominations 
29D. The Minister may. by notice in writing given to the Presiding 
Member. request the Committee to give to the Minister. within the 
period specified in the notice: 
(a) written nominations of persons for appointment as members of 
the Corporation referred to in paragraph 13 (1) (c); or 
(b) where a casual vacancy occurs in the office of a member of the 
Corporation referred to in paragraph (a)-a written nomina­
tion of a person for appointment to that office. 
Selection of persons by Committee 
29E. (1) The Committee shall not nominate a person for appoint­
ment as a member of the Corporation unless the person possesses one 
or more of the qualifications referred to in subsection 13 (4). 
(2) The Committee shall not nominate a person for appointment 
as a member of the Corporation if: 
(a) the person is a member of the Committee: or 
(b) the person has been a member of the Committee within 12 
months of the day on which the nomination is given to the 
Minister. IPINIl! AUS/G/l 
Page 18 
Australian Wine and Brandy Corporation Act 1980 
s.29F 
~omination 
29F. (l) \\"here the Minister gives a request to the Presiding 
\1ember under section 290: 
(a) the Committee shall. before the end of the period specified in 
the notice. select a person or persons to be nominated for 
appointment to the office or offices concerned; and 
(b) the Presiding V1ember shall. on behalf of the Committ 
before the end of that period, give to the Minister the written 
nomination or nominations concerned. 
(2) The Committee shall give to the Minister only one nomination 
in respect of each appointment to be made by the Minister. 
(3) \Vhere the Committee proposes to nominate a person for 
appointment as a member of the Corporation. the Presiding Member 
shall C3use to be prepared and attached to the nomination a statement 
setting out: 
(a) detJils of the person's qualifications ·and experience; and 
(b) such other information relating to the person as the Commit­
tee thinks will assist the Minister in considering whether to 
appoint the person. 
(4) The Committee may nominate a pers~.n for appointment even 
though the \1inister has previously rejected a nomination of that 
person or the Committee has previously decided not to nominate the 
person for appointment. 
Minister may reject nominations 
29G. Where the Minister is not satisfied that a person nominated 
by the Committee for appointment as a member of the Corporation 
should be appointed as such a member, the Minister may, by notice in 
writing given to the Presiding Member, reject the nomination and may 
include in that notice a further request under section 29D for a 
nomination of a person for appointment to the office co~cerned. 
Membership of Committee 
29H. (1) The Committee shall consist of the following members: 
(a) a Presiding iY1ember~ and 
(b) such other number of members as is determined by the 
Minister. 
(2) The members of the Committee shall be appointed in writing 
by the Minister and, subject to this Act, hold office for such period, 
not exceeding 3 years, as is specified in the instrument of appointment, 
but are eligible for re-appointment. IP/NllIAUS/GIl 
Page 19 
Australian Wine and Brandy Corporation Act 1980 
s.29J 
(3) Each member of the Committee referred to in paragraph 
(1) (b) shall be a person who has been nominated by a declared 
winemakers organisation. 
(4) All members of the Committee shall be appointed as part-time 
members. 
(5) A person who is a member of the Corporation is not eligible to 
be appointed under subsection (2) as a member of the Committee. 
(6) The appointment of a member of the Committee is not 
invalidated. and shall not be called in question. because of a defect or 
irregularity in or in connection with the member's nomination or 
appointment. 
(7) The exercise of a power or the performance of a function by 
the Committee is not invalidated because of a vacancy or vacancies in 
the membership of the Committee. 
Acting Presiding ~ember 
29J. (1) The Minister may appoint a person to act as Presiding 
~1ember: 
(a) during a vacancy in the office of Presiding \1ember (whether 
or not an appointment has previously been made to the 
office); or 
(b) during any period, or during all periods. when the Presiding 
Member is absent from Australia or is. for any other reason. 
unable to perform the functions of the office of Presiding 
Member; 
but a person appointed to act during a vacancy shall not continue to 
act for more than 12 months. 
(2) An appointment of a person under subsection (1) may be 
expressed to have effect only in such circumstances as are specified in 
the instrument of appointment. 
(3) The Minister may determine the terms and conditions of 
appointment. including remuneration and allowances. of a person 
acting as the Presiding Member. 
(4) The Minister may terminate an appointment made under 
subsection (1) at any time. 
(5) Where a person is acting as Presiding fv1ember in accordance 
with paragraph (1) (b) and the office of Presiding Member becomes 
vacant while the person is so acting, then, subject to subsection (2), the 
person may continue to act until the Minister otherwise directs, the 
vacancy is filled or a period of 12 months from the day on which the 
vacancy occurred expires. whichever first happens. IP/N/l! AUS/G/l 
Page 20 
Australian Wine and Brandy Corporation Act 7980 
s.29K 
(6) The appointment of a person to act as Presiding Member 
ceases to have effect if the person resigns the appointment by writing 
signed by the person and delivered to the Minister. 
(7) While a person is acting as Presiding Member. the person has 
and may exercise all the powers. and shall perform all the functions .. of 
the Presiding Member under this Act. 
(8) Anything done by or in relation to a person purporting to act 
under subsection (1) is not invalid on the ground that: 
(a) the occasion for the person's appointment had not arisen; 
(b) there is a defect or irregularity in connection with the person's 
appointment; 
(c) the person's appointment had ceased to have effect; or 
(d) the occasion for the person to act had not arisen or had 
ceased. 
Casual vacancy 
29K. Where a member of the Committee ceases to hold office 
before the expiration of the term of office of the member of the 
Committee: 
(a) in the case of the Presiding Member-the Minister may ap­
point a person to be the Presiding Member until the expiration 
of that term; or 
(b) in the case of any other member of the Committee-the 
Minister may appoint a person to be a member until the 
expiration of that term. 
Remuneration and allowances of members of Committee 
29L. (1) A melnber of the Committee shall be paid such 
remuneration as is determined by the Remuneration Tribunal. but. if 
no determination of that remuneration by the Tribunal is in operation, 
the member shall be paid such remuneration as is prescribed. 
(2) A member shall be paid such allowances as are prescribed. 
(3) This section has effect subject to the Remuneration Tribunals 
Act 1973. other than subsections 7 (9) and (13) of that Act. 
Leave of absence 
29M. (1) The Minister may grant leave of absence to the Presiding. 
Member from a meeting of the Committee. 
(2) The Presiding Member may grant leave of absence to another 
member of the Committee from a meeting of the Committee. "lP/N/11 AUS/G/l 
Page 21 
Australian Wine and Brandy Corporation Act 1980 
s.19N 
Resignation 
29N. A member of the Committee may resign from office by 
writing signed by the member and delivered to the Minister. 
Determination of appointment of members of Committee 
29P. (1) The Minister may terminate the appointment of a 
member of the Committee by reason of misbehaviour or physical or 
mental incapacity. 
(2) If a member of the Committee: 
(a) becomes bankrupt. applies to take the benefit of any law for 
the relief of bankrupt or insolvent debtors. compounds with 
his or her creditors or makes an assignment of his or her 
remuneration for their benefit: 
(b) fails~ without reasonable excuse. to comply with his or her 
obligations under section 290: or 
(c) is absent, without leave of absence under section 29M. from 3 
consecutive meetings of the Committee; 
the Minister shall terminate the appointment of the member of the 
Committee. 
Disclosure of interests by members of Committee 
29Q. (1) A member of the Committee who has a direct or indirect 
pecuniary interest in a matter being considered or about to be consid­
ered by the Committee shall, as soon as possible after the relevant facts 
have come to the knowledge of the member. disclose the nature of that 
interest at a meeting of the Committee. 
(2) A disclosure under subsection (1) shall be recorded in the 
minutes of the meeting of the Committee and the member shall not. 
unless the Minister or the Committee otherwise determines: 
(a) be present during any deliberation of the Committee with 
respect to that matter; or 
(b) take part in any decision of the Committee with respect to that 
matter. 
(3) F or the purpose of the making of a determination by the 
Committee under subsection (2) in relation to a member who has 
made a disclosure under subsection (1), a member who has a direct or 
indirect pecuniary interest in the matter to which the disclosure relates 
shall not: 
(a) be present during any deliberation of the Committee for the 
purpose of making the determination; or 
(b) take part in the making by the Committee of the 
determination. lP/N/l! AUS/G/l 
Page 22 
Australian Wine and Brandy Corporation Act 1980 
s.29R 
(4) A member of the Committee who has a direct or indirect 
pecuniary interest in a matter being considered or about to be consid­
ered by the Committee in accordance with section 29S shalL as soon as 
practicable after the relevant facts have come to the knowledge of the 
member. disclose the nature of that interest to the Minister. .' '. , • : ,' .. :. L., • ' .• 
(5) A member of the Committee who is required to make a 
disclosure under subsection (4) in respect of a matter shall not. unless 
the \;tinister otherwise determines~ sign' a document with respect to 
that matter in accordance with section 29S. '. 
(6) A member of the Committee who is a~ winemaker' shall not be 
taken to have a pecuniary interest in a matter being considered or 
about to be considered by the Committee by ~eason only o~ being a 
winemaker. .. ' . 
"teetings of Committee 
29R. (1) \1eetings of the Commttee shall be held, at' such times 
and places as the Committee from. til1?-e to time d~termines. 
(2) A meeting of the Committee may be cailed by t.he Presiding 
\1ember. ' 
(3) At a meeting of the Committee. a number one less than the 
number of members of the Committee constitutes a quorum. 
(4) The Presiding Member shall preside. at all meetings of the 
Committee at which the Presiding Member is present. 
(5) If the Presiding Member is not pre~ent at a' mee'ting of the 
Committee. the members of the Committee who are present shall elect 
one of their number to preside at the meeting.. " 
(6) A question arising at a meeting of the Committee shall be 
decided by a majority of the votes of the members of the Committee 
present and \·oting. " 
.' . 
(7) The member of the Committee presiding at a meeting of the 
Committee has a deliberative vote and, in the event of an equality of 
votes. also has a casting vote. 
(8) The Committee shall keep minutes of its proceedings. 
Resolutions without meetings 
29S. Where: 
(a) a copy of a document setting out a proposed resolution of the 
Committee comes into the possession of the number of mem­
bers of the Committee constituting a quorum~ and~ '. ',; 
(b) a majority of those members sign a copy of the document; lP/N/l/ AUS/G/l 
Page 23 
Australian Wine and Brandy Corporation Act 1980 
s.29T 
a resolution of the Committee in the terms set out in the document 
shall be deemed to have been passed at a meeting of the Committee 
on the day on which the copies of the document were signed or, if the 
members of the Committee who signed the copies of the document did 
not sign on the same day ~ on the latest day on which a copy of the 
document was signed by such a member. 
Staff and consultants 
29T. (1) The Presiding Member may, on behalf of the Committee~ 
engage persons to perform administrative and clerical services in 
connection with the performance of its functions. 
(2) The Presiding Member may, on behalf of the Committee. 
engage persons having suitable qualifications and experience as consul­
tants to the Committee to assist the Committee in identifying persons 
suitable for nomination to the Minister. 
(3) The terms a.nd conditions of engagement of persons engaged 
under subsection (1) or (2) shall be such as are determined by the 
Committee. 
PART IVH-ANNUAL GENERAL MEETING OF THE INDUSTRY 
Interpretation 
29U. (1) In this Part. unless the contrary intention appears: 
"eligible winemaker", in relation to a year. means a person on the list 
of winemakers prepared in that year; 
"Levy Act" means the Wine Grapes Levy Act 1979; 
"list of winemakers" means a list of winemakers prepared under 
section 29V. . 
(2) For the purposes of this Part and of regulations made for the 
purposes of this Part. where 2 or more persons become liable to pay 
levy imposed under the Levy Act because they are members of a 
partnership or are the trustees of a trust estate. that partnership or 
trust estate shall be taken to be the person liable to pay that levy. 
(3) Where. under this Part, rights are conferred upon a body 
corporate. a partnership or a trust estate to participate at an annual 
general meeting, those rights shall be exercised by a natural person 
appointed. in writing, for the purpose by the body corporate. the 
members of the partnership or the trustees of the trust estate. as the 
case may be. IPINIl! AUS/G/l 
Page 24 
Australian Wine and Brandy Corporation Act 1980 
s.29V 
List of winemakers 
29V. (1) As soon as practicable after 30 September in each year 
that begins on or after 1 July 1987. the Department shall prepare and 
give to the Corporation a list of the persons who the Department. at 
the time of the preparation of the list. knows became liable to pay levy 
imposed during the immediately preceding year under the Levy Act. 
(2) The Corporation shall not use a list of winemakers otherwise 
than for the purposes of this Part. 
Corporation to convene annual general meeting 
29W. (1) The Corporation shalL within 3 months after the annual 
report of the Corporation is laid before a House of the Parliament or 
after the list of winemakers is prepared in the year immediately 
following the year to which the annual report relates .. whichever occurs 
last. or within such longer period as is approved by the Minister. but 
not earlier than 42 days after the, preparation of that list, cause an 
annual general meeting of the industry to be convened at a tim"e and 
place determined by the Corporation. 
(2) The Corporation shall.. not later than 42 days before the 
intended day of an annual general meeting in a year, send to each 
eligible winemaker for that year: . 
(a) a notice of the day, time and place of the meeting; and 
(b) a copy of the most recent annual report ~f the Corporation. 
Purpose of annual general meeting 
29X. The purpose of an annual general meeting is to provide an 
opportunity for eligible winemakers: 
(a) to consider the most recent annual report of the Corporation; 
(b) to receive an address by the Chairperson with respect to the 
performance of the Corporation in the year to which the 
annual report relates and with respect to the economic outlook 
for the industry. and the intended activities of the Corporation, 
in the year next following that year; 
(c) to question the members of' the Corporation concerning any 
aspect of the Corporation's activities during the year to which 
the annual report relates and any aspect of the. intended 
activities of the Corporation; and '. 
(d) to debate, and vote upon, any motion relating to a matter 
within the responsibilities of the Corporation. lP/Nll! AUS/G/l 
Page 25 
Australian Wine and Brandy Corporation Act 1980 
Conduct of annual general meeting 
29Y. (1) An annual general meeting may be attended by: 
(a) the members of the Corporation; s.29Y 
(b) eligible winemakers for the year in which the meeting is held; 
(c) persons invited by the Corporation to attend the meeting: and 
(d) such members of the staff of the Corporation as the 
Chairperson determines to be appropriate having regard to the 
business of the meeting. 
(2) The Chairperson shall preside at an annual general meeting at 
which he or she is present. 
(3) The Corporation shall cause a record to be kept of the 
proceedings of an annual general meeting of the industry. 
Voting at annual general meetings 
29Z. (1) An eligible winemaker for a year is entitled to vote upon 
any matter to be determined at the annual general meeting in that year 
and. for the purpose of so voting, to cast such number of votes as is 
calculated in accordance with a method determined by the regulations. 
being a method that has regard to the amount of the levy imposed 
during the immediately preceding year under the Levy Act for which 
the person became liable that is an amount of levy by reference to 
which payments are made to the Corporation under section 32. 
(2) Regulations may provide for a procedure relating to voting at 
annual general meetings which will ensure that the amount referred to 
in subsection (1) for which a person became liable remains 
confidential. 
Minister to be notified of resolutions 
29ZA. The Corporation shall, when making a recommendation 
referred to in subsection 9 (2) of the Levy Act. notify the ~1inister of 
any resolution relating to the recommendation passed or defeated at 
the most recent annual general meeting. of the number of votes cast 
for the resolution and of the number of votes cast against the resolu­
tion. IP/~/l/}\{JS/(J/l 
Page 26 
Australian Wine and Brandy Corporation Act 1980 
s.30 
PART V-STAFF 
Employees 
30. (1) The Corporation may engage such employees as it thinks 
necessary for the purposes of this Act. 
(2) The terms and conditions of employment (including remunera­
tion) of the person holding the position of principal employee. (how­
e\Oer described) of the Corporation shall be such as are, subject to the 
approval of the Minister. determined by the Corporation. 
(3) The terms Jnd conditions of employment (including remunera­
tion) of an employee. other than the employee referred to in sub­
<;ection (2). shall be such as are determined by the Corporation. 
PART VA-OPERATION OF CORPORATION 
Division 1-Corporate Plans 
Corporation to develop corporate plans 
31. (1) The Corporation shalL in accordance with this section. 
develop. for the purpose of the more effective performance by the 
CorporJtion of its functions. a plan: 
(a) defining what. in the opinion of the Corporation, should be 
the principal objectives of the Corporation; 
(b) giving a broad 'outline of the strategies that should. in the 
opinion of the Corporation, be pursued in achieving thos€ 
objectives: 
(c) setting out the Corporation's assessment .. for. the period to 
which the plan relates. of the market outlook and the eco­
nomic outlook for the industry. 
(2) The first corporate plan shall relate to such period. being a 
period commencing on 1 November 1986 or such later day as the 
Minister approves and ending on 30 June 1989, 30 June 1990 or 30 
June 1991. as the Corporation determines. 
(3) Each subsequent corporate plan shall relate to such period~ 
being a period of 3. 4 or 5 years commencing on the 1 July imme­
diately following the end of the period to which the previous plan 
related. as the Corporation determines. IP/~/l/}\{JS/(}/l 
Page 27 
Austraiian Wine and Brandy Corporation Act 19aO 
s.31A 
Agreement to corporate plans 
31A. (1) The Corporation shall cause a copy of a corporate plan 
prepared under section 31 to be given to the Minister: 
(a) in the case of the first plan-on or before 1 October 1986 or 
such later day as the Minister approves; or 
(b) in any other case-at least 3 months before the commence­
ment of the period to which the plan relates. 
(2) Where a copy of a corporate plan is given to the Minister. the 
Minister may, by notice in writing given to the Corporation: 
(a) agree to the plan: or 
(b) if the Minister is of the opinion that. in the interests of the 
ind us try or of a particular sector of the industry, the plan 
should be revised in some respect- request the Corporation to 
revise the plan appropriately. 
(3) The Minister shall include in the notice of request under 
paragraph (2) (b) a statement setting out the Minister's reasons for 
making the request. 
(4) Where the Corporation receives a request under paragraph (2) 
(b). the Corporation shall consider the request and statement of 
reasons, make such revision of the corporate plan as it considers 
appropriate and re-submit the revised plan to the \1inister for the 
l\1inister's agreement. 
(5) A corporate plan comes into force: 
(a) at the commencement of the period to which the plan relates: 
or 
(b) on the day on which the Corporation receives notice of the 
Minister's agreem~nt; 
whichever is the later. 
Variation of corporate plans by Corporation 
3IB. (1) Subject to subsection (4), the Corporation shall not vary 
a corporate plan of its own motion except with the agreement of the 
Minister. 
(2) Where the Corporation wishes to vary a corporate plan. the 
Corporation shall prepare written proposals for the variations and give 
a copy of the proposals to the Minister together with a statement 
setting out ,the Corporation's reasons for making the proposals. 
(3) The Minister may, after considering proposals for variation of 
a corporate plan submitted under subsection (2) and the reasons for 
making those proposals. by notice in writing given [0 the Corporation. 
agree to or reject the proposals. IPINIl! AUS/G/l 
Page 28 
Australian Wine and Brandy Corporation Act 1980 
s.31C 
(4) ~othing in this section prevents the Corporation making 
variations of a minor nature to a corporate plan. 
Variations of corporate plans at request of Minister 
31C. (1) The Minister may, by notice in writing given to the 
Corporation. request the Corporation to vary a corporate plan in the 
manner set out in the notice of request. 
(2) Where the Minister makes a request under subsection (1), the 
Minister shall include in the notice of request a statement setting out 
the ~1inister's reasons for making the request. 
(3) \Vhere the Corporation receives a request under subsection (1), 
the Corporation shall consider the request and statement of reasons, 
prepare written proposals for such variation of the plan as the Cor­
poration considers appropriate and submit those proposals to the 
Minister for the !'v1inister's agreement .. 
(4) The iY1inister may, after considering proposals for variation of 
a corporate plan submitted unde~ subsection (3), by notice in writing 
given to the Corporation, agree to or reject the proposals. . 
Date of effect of variations 
310. Where: 
(a) a corporate plan has come into force; and 
(b) a variation to the plan is agreed to by the Minister under 
section 31B or 31 C or the Corporation makes a variation of a 
minor nature to the plan~ 
the plan shall continue in force on and after the day on which the 
Corporation receives notice of the Minister's agreement or the day on 
which the Corporation makes the variation of a minor nature, as the 
case may be, as if the Minister had originally agreed to the plan as so 
varied. 
Notice of variation of corporate plans 
31E. Where a variation of a corporate plan is agreed to by the 
Minister in accordance with section 31B or 31C, particulars of the 
variation shall be included in the annual report of the Corporation for 
the year in which the variation was made. IPINIl! AUS/G/l 
Page 29 
Australian Wine and Brandy Corporation Act 1980 
s.31F 
Division 2-Annual Operational Plans 
Corporation to develop annual operational plans 
31F. (1) Subject to subsection (2), the Corporation shall, in 
relation to each financial year of a period to which a corporate plan 
relates or to which an intended corporate plan will relate. develop an 
annual operational plan setting out particulars of the action that the 
Corporation intends to take in order to give effect to or further. during 
that year. the matters set out in that corporate plan. 
(2) The first annual operational plan shall relate to the period 
commencing on the day on which the first corporate plan comes into 
force and ending on the first 30 June after that day and. for the 
purposes of the operation of subsection (1) in relation to that first 
annual operational plan. references in that subsection to a financial 
year shall be read as references to the period to which that first plan 
relates. 
(3) Each subsequent annual operational plan shall relate to the 
financial year commencing immediately after the end of the period to 
which the previous annual operational plan related. 
Agreement to annual operational plans 
3IG. (1) The Corporation shall cause a copy of an annual 
operational plan prepared under section 31F to be given to the 
Minister: 
(a) in the case of the first plan-on or before 1 October 1986 or 
such later day as the Minister approves; or 
(b) in any other case-at least 2 months before the commence­
ment of the period to which the plan relates. 
(2) Where a copy of an annual operational plan is given to the 
Minister. the Minister may, by notice in writing given to the 
Corporation: 
(a) agree to the plan; or 
(b) if the Minister is of the opinion that the plan is inconsistent 
with the provisions of the corporate plan that relates, or the 
intended corporate plan that will relate. to a period that 
includes, or will include, the period to which the first­
mentioned plan will relate-request the Corporation to revise 
the first-me~tioned plan appropriately. 
(3) The Minister shall include in the notice of a request under 
paragraph (2) (b) a statement setting out the Minister's reasons for 
making the request. IP/N/lIAUS/G/l 
Page 30 
Australian Wine and Brandy Corporation Act 1980 
s.3lH 
(4) \Vhere the Corporation receives a request under paragraph (2) 
(b). the Corporation shall consider the request and statement of 
reasons. make such revision of the annual operational plan as it 
considers appropriate and re-submit the revised plan to the Minister 
for the ~1inister's agreement. 
(5) An annual operational plan comes into force: 
(a) at the commencement of the period to which the plan relates: 
or 
(b) on the day on which the Corporation receives notice of the 
Minister's agreement; 
whichever is the later. 
Variation of annual operational plans 
31H. (1) Sections 31B, 31C and 31D. apply to annual operational 
plans in the same manner as those sections apply to corporate plans. 
(2) Where. if a proposed variation of a corporate plan wer~ to be 
agreed to by the Minister, a relevant annual operational plan would 
not be consistent with the provisions of the corporate plan, the 
Corporation shall. at the time of submitting to the Minister for agree­
ment proposals for variation to the corporate plan, also submit to the 
Minister proposals for appropriate variations of that annual oper­
ational plan. 
Notice of variation of annual operational plan 
31J. Where a variation of an annual operational plan is agreed te 
by the Minister in accordance with section 31H, particulars of the 
variation shall be included in the annual report of the Corporation for 
the year in which the variation was made. . 
Division 3 -Directions 
Directions to Corporation 
31K. (1) Except as provided by this section, the Corporation is 
not subject to direction by or on behalf of the Commonwealth Govern­
ment. 
(2) Subject to this section, where the Minister is satisfied that, 
be ca use of the existence of exceptional circumstances, it is necessary to 
give a direction to the .Corporation in order to ensure that the 
performance of the functions, or the exercise of the powers, of the 
Corporation does not conflict with major government policies, the IP/N/ll AUS/GIl 
Page 31 
Australian Wine and Brandy Corporation Act 1980 
s.32 
Minister may. by notice in writing to the Corporation. give the direc­
tion to the Corporation with respect to the performance of its func­
tions and the exercise of its powers. 
(3) The Minister shall not give a direction under subsection (2) 
unless and until the Minister has given the Chairperson: 
(a) notice in writing that the Minister is contemplating giving the 
direction: and 
(b) an adequate opportunity to discuss with the Minister the need 
for the proposed direction. 
(4) The Corporation shall comply with any direction given under 
subsection (2). 
(5) Where the Minister gives a direction to the Corporation under 
subsection (2): 
Ca) the Minister shall cause a notice in writing setting out particu­
lars of the direction to be published in the Gazelle as soon as 
practicable after giving the direction; 
(b) the Minister shall cause a copy of that notice to be laid before 
each House of the Parliament within 15 sitting days of the 
House after giving the direction: 
(c) particulars of the direction shall be included in the annual 
report of the Corporation for the year in which the direction 
was given; and 
(d) that report shall include particulars of the impact of that 
direction on the operations of the Corporation. 
PART VI-FINANCE 
Payments to Corporation 
32. There shall be paid to the Corporation out of the Consolidated 
Revenue Fund. which is appropriated accordingly. amounts equal to: 
(a) so much of the amounts from time· to time received by the 
Commonwealth as levy under the Wine Grapes Levy Act 1979 
as is so received by virtue of subsection 6 (1). other than 
paragraph 6 (1) (g) of that Act: and 
(b) so much of the amounts (if any) received by the Common­
wealth under section 5 of the Wine Grapes LevJ' Collection Act 
1979 or section 15 of the Primary Industries Levies and 
Charges Collection Act 1991 as is attributable to non-payment 
of levy referred to in subsection 6 (1), other than paragraph 6 
(1) (g), of the Wine Grapes Levy Act 1979. IP/~/l/j\lJS/(J/l 
Page 32 
Australian Wine and Brandy Corporation Act 1980 
s.33 
Payments by Corporation to Commonwealth 
33. Where a refund is made bv the Commonwealth in accordance 
with section 7 of the Wine Grapes -Levy Collection Act 1979 or section 
18 of the Primary Industries Levies and Charges Collection Act 1991 in 
respect of an amount that has been paid or overpaid to the Common­
wealth by way of an amount of levy that is payable to the Common­
wealth by virtue of subsection 6 (1). other than paragraph 6 (1) (g), of 
the Wine Grapes Levy Act 1979. the Corporation shall pay to the 
Commonwealth an amount equal to the amount of the refund. 
Borrowing 
34. (1) The Corporation may, with the approval of the Minister: 
(a) borrow money otherwise than from the Commonwealth; or 
(b) raise money otherwise than by borrowing, on terms and con­
ditions that are specified in, or consistent with, the approval. 
(2) Without limiting the generality of subsection (1), the Corpora­
tion may, under that subsection, borrow money, or raise money 
otherwise than by borrowing, by dealing with securities. 
(3) A borrowing of money, or a raising of money otherwise than 
by borrowing, under subsection (1), may be made, in whole or in part, 
in a currency other than Australian currency. 
(4) An approval may be given under subsection (1) in relation to a 
particular transaction or in relation to transactions included in a class 
of transactions. 
(5) An approval under subsection (J) shall be given in writing. 
(6) For the purposes of this section: 
(a) the issue by the Corporation of an instrument acknowledging a 
debt in consideration of: 
(i) the payment or deposit of money; or 
(ii) the provision of credit; 
otherwise than in relation to a transaction that is in the 
ordinary course of the day-ta-day operations of the Corpora­
tion shall be deemed to be a raising by the Corporation, 
otherwise than by borrowing, of an amount of money equal to 
the amount of the money paid or deposited or the value of the 
credit provided, as the case may be; and 
(b) the obtaining of credit by the Corporation otherwise than in 
relation to a transaction that is in the ordinary course of the 
day-ta-day operations of the Corpo~ation shall be deemed to IP/N/lIAUS/GIl 
Page 33 
Australian Wine and Brandy Corporation Act 1980 
s.34A 
be a raising by the Corporation, otherwise than by borrowing. 
of an amount of money equal to the value of the credit so 
obtained. 
(7) [n this section~ "securities" includes stocks. debentures. deben­
ture stocks, notes, bonds. promissory notes. bills of exchange and 
similar instruments or documents. 
(8) A reference in this section to dealing with securities includes a 
reference to: 
(a) creating. executing. entering into. drawing. making. accepting. 
indorsing, issuing, discounting, selling, purchasing or re-selling 
securities; 
(b) creating, selling. purchasing or re-selling rights or options In 
respect of securities; and 
(c) entering into agreements or other arrangements relating to 
securities. 
Corporation may give security 
34A. The Corporation may give security over the whole or any 
part of its land or other assets for: 
(a) the repayment by the Corporation of money borrowed by the 
Corporation under paragraph 34 (1) (a) and the payment by 
the Corporation of interest (including any interest on that 
interest) on money so borrowed; or 
(b) the payment by the Corporation of amounts (including any 
interest) that the Corporation is liable to pay with respect to 
money raised by the Corporation under paragraph 34 (1 ) (b). 
Borrowings not otherwise permitted 
34B. The Corporation shall not borrow money, or raise money 
otherwise than by borrowing, except in accordance with section 34. 
Application of money of Corporation 
35. Subject to section 36. the moneys of the Corporation may be 
applied only: 
(a) in payment or discharge of the expenses, charges. obligations 
and liabilities incurred or undertaken by the Corporation in or 
in connection with the performance of its functions, or the 
. exercise of its powers, under this Act; 
(aa) in payment or discharge of the expenses. charges, obligations 
and liabilities incurred or undertaken by the Presiding Mem­
ber or the Committee in or in connection with the perfor­
mance of the functions, or the exercise of the powers. of the 
Committee under this Act; IP/NIlIAUS/G/l 
Page 34 
Australian Wine and Brandy Corporation Act 1980 
s.36 
(ab) in payment to the Commonwealth of amounts equal to the 
expenses incurred by the Commonwealth in relation to: 
(i) the collection or recovery of amounts referred to in 
paragraph 32 (a) or (b); or 
(ii) the administration of section 32; 
(b) in pavment of any remuneration. allowances. fees or expenses 
payable under this Act; and 
(c) in making any other payments that the Corporation is au­
thorized or required to make under this Act. 
Investment 
36. Without limiting the generality of section 63E of the Audit Act 
190 I in its application to the Corporation by virtue of section 38 of 
this Act. moneys of the Corporation not immediately required for the 
purposes of the Corporation may be invested in securities of. or 
guaranteed by, the Commonwealth or a State. 
Application of Division 2 of Part XI of Audit Act 
38. (1) It is hereby declared that the Corporation is a public 
authority to which Division 2 of Part XI of the Audit Act 1901 applies. 
(2) Division 2 of Part XI of the Audit Act 1901 applies in relation 
to the Corporation: 
(a) as if the reference in subsection 63D (1) of that Division to an 
approved bank or approved banks included a reference to the 
Reserve Bank of Australia; 
(b) where an auditor for the Corporation has been appointed 
under section 38A." as if the references in sections 63G and 
63H to the Auditor-General were references to the auditor so 
appointed: and 
(c) subject to the modification contained in subsection (3) of this 
section. 
(3) Section 63H of the Audit Act 1901 applies in relation to the 
Corporation as if the reference in subsection (1) of that section to as 
soon as practicable after 30 June in each year were a reference to as 
soon as practicable after, but not more than 6 months after, 30 June in 
each year. 
Appointment of commercial auditors 
38A. (1) The Corporation may request the Minister, in writing. to 
appoint a company auditor specified in the request to be the auditor of 
the Corporation. IP/N/I/ AUS/G/I 
Page 35 
Australian Wine and Brandy Corporation Act 1980 
s.39 
(2) Where the Minister recei.ves a request under subsection (1), the 
iYtinister shall cause particulars of the request to be given to the 
Auditor-General. 
(3) Where particulars of a request under subsection (1) are given 
to the Auditor-General under subsection (2), the Auditor-General 
shall consider whether or not the company auditor referred to in the 
request is suitable to be the auditor of the Corporation and shall 
inform the !Y1inister in writing of the Auditor-General's decision and 
of the reasons for that decision. 
(4) Where the Auditor-General has informed the Minister that the 
Auditor-General is satisfied that a company auditor is suitable to be 
the auditor of the Corporation. the Minister shall cause to be gi\"en to 
the Chairman of the Joint Committee of Public Accounts particulars of 
the request and of the Auditor-General's advice. 
(S) The Joint Committee of Public Accounts shall consider the 
advice given by the Auditor-General and shall inform the !V1inister in 
writing whether or not the Committee agrees to the appointment of the 
company auditor as the auditor of the Corporation. 
(6) If the Joint Committee of Public Accounts informs the :Ylin­
ister that it agrees to the appointment of the company auditor as the 
auditor of the Corporation. the Minister may. in writing. appoint that 
auditor accordingly. 
(7) Where the Minister makes or refuses to make an appointment 
under subsection (6), the Minister shall inform the Corporation. in 
writing. of the Minister's decision and, in the case of a refusal. of the 
reasons for that decision. 
(8) In this section, "company auditor" means a firm carrying on 
the business of auditing accounts. 
Liability to taxation 
39. (1) The Corporation is subject to taxation (other than income 
tax) under the laws of the Commonwealth. 
(2) Subject to subsection (3), the Corporation is not subject to 
taxation under a law of a State or Territory. 
(3) The regulations may provide that subsection (~) does not apply 
in relation to taxation under a specified law. IPINll! AUS/G/l 
Page 36 
Australian Wine and Brandy Corporation Act 1980 
s.39A 
PART VIA-LABEL INTEGRITY PROGRAM 
Division I-Preliminary 
Object of Part 
39A. The object of this Part is to advance the objects of this Act 
by helping to ensure the truth, and the reputation for truthfulness, of 
statements made on wine labels, or made for commercial purposes in 
other ways. about the vintage. variety or region of origin of wine 
manufactured in Australia. 
Operation of Part 
39B. Without prejudice to its effect apart from this subsection. this 
Part has the effect it would have if the references in it to a wine 
man ufacturer were. by express provision, confined to a wine manufac­
turer who is: 
(a) a foreign corporation, within the meaning of paragraph 51 (xx) 
of the Constitution~ or 
(b) a trading or financial corporation formed within the limits of 
the Commonwealth, within the meaning of that paragraph; or 
(c) a corporation that is controlled by a corporation described by 
paragraph (a) or (b); or 
(d) a partnership at least one of the partners in which is a 
corporation described by paragraph (a), (b) or (c). 
Interpretation 
39C. In this Part. unless the contrary intention appears: 
"approved" means approved by the Corporation in writing; 
"blend" means wine manufactured by blending different wines; 
"different wines" means wines that are different because at least one 
of their characteristics of vintage, variety or region of origin is dif­
ferent; 
"direct sale" means a sale of wine to a consumer visiting a winery or 
ordering the wine from its manufacturer; 
"examinable document" means: 
(a) any document required to be kept under this Part; or 
(b) any wine label or other document relating to the vintage, 
variety or region or origin of wine goods; or 
(c) any document relating to advertising the vintage, variety or 
region of origin of wine goods; 
"geographical area" includes a vineyard, a district and a State. but 
does not include Australia or a larger area; IP/NIl! AUS/GIl 
Page 37 
Australian Wine and Brandy Corporation Act 1980 
s.39C 
"grape extract" means grape juice. must. or concentrate obtained from 
grapes: 
'~inspection power". in relation to wine premises. means: 
(a) power to search any part of the premises: or 
(b) power to inspect, examine. take measurements of. or conduct 
tests (including by the taking of samples) concerning. any wine 
goods or other thing on the premises; or 
(c) power to take extracts from, and make copies of. any exam­
inable documents on the premises: or 
(d) power to take onto the premises such equipment and materials 
as the inspector requires for the purpose of exercising any 
other inspection power on the premises: 
"inspector" means a person appointed under section 39ZA: 
"label claim", in relation to wine goods. means a claim about their 
vintage. variety or region of origin made on a wine label. in a 
commercial document or in an advertisement. and includes a claim so 
made about the vintage, variety or region of origin of wine goods from 
which they were manufactured: 
"label law'" means: 
(a) this Part; or 
Cb) the regulations: or 
(c) another law of the Commonwealth relating to the description 
of wine: or 
(d) a law of a State or an internal Territory relating to the 
description of wine; 
"label offence" means an offence against a label law; 
"made"'. in relation to a claim. includes implied; 
"manufacturer", in relation to wine .. means the wine manufacturer 
who operates the winery where the wine is made: 
"manufacturing wine" includes blending different wines: 
"package". in relation to wine. means a container in which the wine is 
sold or transferred for sale; 
"principal employee" means the person holding the position of princi­
pal employee (however described) of the Corporation; 
"region of origin" means: 
(a) in relation to grapes-any geographical area in which they 
were grown; or 
(b) in relation to wine or grape extract-any geographical area in 
which the grapes from which it was obtained were grown; 
"single wine" means a wine other than a blend; IP INll! A US/G/l 
Page 38 
Australian Wine and Brandy Corporation Act 1980 
s.39D 
'4supplier". in relation to wine goods received by a wine manufacturer~ 
means: 
(a) where the wine manufacturer produced them-the wine manu­
facturer: or 
(b) where another person produced them-the person who sup-
plied them to the wine manufacturer~ 
"variety", in relation to wine or grape extract, means the variety of the 
grapes from which it was obtained~ 
"vintage" means: 
(a) in relation to grapes-the year in which they were harvested~ 
or 
(b) in relation to wine or grape extract-the year in which the 
grapes from which it was obtained were harvested; 
"wine" includes a grape product declared by the regulations to be 
wine for the purposes of this Part; 
"wine goods" means wine, grapes or grape extract; 0 
"wine label" means a label attached to a bottle or other package of 
wine and includes that part of a package of wine on which tht:re is 
writing: 
"wine manufacturer" means a person who operates a winery; 
'4wine premises" means a winery or other premises occupied by a wine 
manufacturer, and includes premises at which wine goods or exam­
inable documents are held on behalf of a wine manufacturer; 
'4winery" means an establishment at which: 
(a) wine is manufactured for commercial purposes; or 
(b) grape extract is manufactured for use ino the manufacture of 
wine for commercial purposes; 
and. in relation to a wine manufacturer, means a winery operated by 
the manufacturer. . 
Sales with a label claim 
39D. (1) For the purposes of this Part~ wine is sold with a label 
claim if a label claim is made in relation °to the wine when or before it 
is sold. 
(2) For the purposes of this Part, where a blend is sold with a 
label claim, the claim not only relates to the blend but also relates to a 
wine used in the blend unless: 
(a) the claim is one that the blend, or wine used in the blend, has 
a particular characteristic; and 
(b) the first-mentioned wine does not have, but another wine used 
in the blend does have~ that characteristic. lP/N/lI AUS/G/l 
Page 39 
Australian Wine and Brandy Corporation Act 1980 
s.39E 
Penalties 
39E. (1) Penalties of $15,000 specified in this Part are for offences 
committed by corporations. 
(2) Where a natural person is convicted of any offence against this 
Part for which such a penalty is specified. the maximum penalty for 
the offence is 53,000. 
Division 2 -Records relating to Label Claims 
Wine manufacturers to keep records of receipt of wine goods 
39F. A wine manufacturer who receives wine goods for processing 
at the manufacturer's winery must make and keep a record in writing 
of their receipt showing: 
(a) the date of their receipt; and 
(b) their quantity; and 
(c) their vintage. variety and region of origin; and 
(d) the identity of their supplier. 
Wine manufacturers to keep records of manufacture of certain single 
wines 
39G. (1) This section applies to a single wine if its manufacturer: 
(a) intends to sell the wine with a label claim; or 
(b) where the wine was manufactured on behalf of another per­
son-knows that that person intends to sell the wine with a 
label claim; or 
(c) intends to use the wine in manufacturing a blend on the 
manufacturer's behalf and sell the blend with a label claim 
relating to the wine: or 
(d) intends to use the wine in manufacturing a blend on behalf of 
another person and knows that that person intends to sell the 
blend with a label claim relating to the wine. 
(2) A wine manufacturer who manufactures a single wine to which 
this section applies must make and keep a record in writing of itc; 
manufacture showing: 
(a) the date of its manufacture; and 
(b) its quantity; and 
(c) such of its characteristics as are required by section 39W. lP/NIl! AUS/G/l 
Page 40 
Australian Wine and Brandy Corporation Act 1980 
s.39H 
Wine manufacturers to keep records of manufacture of certain blends 
39H. (1) This section applies to a blend if its manufacturer: 
(a) intends to sell the blend with a label claim; or 
(b) where the blend was manufactured on· behalf of another pel 
son -knows that that person intends to sell the blend with 
label claim. . 
(2) A wine manufacturer who manufactures a blend to which th 
section applies must make and keep a record in writing of its manufa( 
ture showing: 
(a) the date of its manufacture; and' . 
(b) its quantity: and 
(c) such of its characteristics as are required by section 39W. 
Wine manufacturers to keep records of sales of certain wine 
39J. (1) This section applies to the ~ale of wine by J a win 
manufacturer if the manufacturer makes a label claim in relation t 
the wine. 
(2) A wine manufacturer who sells wine in a sale to .which th 
section applies must make and keep a record in writing of the sal 
showing: 
(a) subject to section 39L. the date of the sale; and 
(b) subject to section 39L, the wine's quantity; and 
(c) such of the wine'5 characteristics as are required by sectio 
39W: and 
(d) subject to subsections (3) and (4). the identity of the pu: 
chaser. 
(3) Where: 
(a) a wine manufacturer sells wine packaged for sale to consun 
ers; and 
(b) the package has a wine label showing that the wine was mac 
by. and setting out the name and address of. the manufacture1 
the manufacturer is not required to make and keep a record of tt 
identity of the purchaser. 
(4) Where a wine manufacturer sells wine in a direct sale, t~ 
manufacturer is not required to make and keep a record of tr. 
identity of the purchaser. IP/N/l! AUS/G/l 
Page 41 
Australian Wine and Brandy Corporation Act 1980 
Wine manufacturers to keep records of disposals of certain wine 
39K. (1) Where a wine manufacturer: s.39K 
(a) manufactures wine on behalf of another person at the manu­
facturer's winery; and 
(b) disposes of the wine in accordance with the instructions of that 
person; 
this section applies to the disposal if the manufacturer: 
(c) makes a label claim in relation to the wine: or 
(d) knows that that person intends to sell the wine with a label 
claim. 
(2) A wine manufacturer who disposes of wine by a disposal to 
which this section applies must make and keep a record in writing of 
the disposal showing: 
(a) subject to section 39L .. the date of the disposal: and 
(b) subject to section 39L .. the wine's quantity; and 
(c) such of the wine's characteristics as are required by section 
39W; and 
(d) the identity of that person: and 
(e) subject to subsections (3) and (4). where it is disposed of by 
being delivered to a person other than that person -the iden­
tity of the person to whom it is delivered. 
(3) Where: 
(a) a wine manufacturer disposes of wine by delivering the wine to 
a person other than the person on whose behalf it was manu­
factured; and 
(b) the wine is packaged for sale to consumers; and 
(c) the package has a wine label showing that the wine was made 
by. and setting out the name and address of. the ~anufacturer: 
the manufacturer is not required to make and keep a record of the 
identity of the person to whom it is delivered. 
(4) Where a wine manufacturer disposes of wine in a direct sale. 
the manufacturer is not required to make and keep a record of the 
identity of the person to whom it is delivered. 
Direct sales 
39L. Where wine manufactured at a winery is sold in direct sales. 
then. in respect of such wine: 
(a) in relation to which identical label claims are made by the 
wine manufacturer who operates the winery; and 
(b) sold during a particular period (not being longer than a year): IPINIl! AUS/G/l 
Page 42 
Australian Wine and Brandy Corporation Act 1980 
s.39M 
the manufacturer may, instead of making and keeping a record of the 
date of sales and quantities, make and keep a record of the period and 
of the total quantity of the wine sold in the period. 
\Vine manufacturers to keep records of transfers of certain wine 
391\1. (1) Where a wine manufacturer transfers wine from a winery 
of the manufacturer to another winery of the manufacturer for use in 
manufacturing a blend. this section applies to the transfer if the 
man ufacturer: 
(a) makes a label claim in relation to the wine; or 
(b) intends to sell the blend with a label claim relating to the 
wine: or 
Cc) where the blend is to be manufactured on behalf of another 
person -knows that that person intends to sell the blend with 
a label claim relating to the wine. 
(2) A wine manufacturer who transfers wine in a transfer to which 
this section applies must make and keep a record in writing qf the 
transfer showing: 
Ca) the date of the transfer; and 
(b) the wine's quantity; and 
(c) the winery from which the wine is transferred; and 
(d) the winery to which the wine is transferred: and 
(e) c;uch of the wine's characteI-istics as are required by section 
39W. 
Wine manufacturers to keep records of production of certain grape 
extract. 
39N. (1) Where grape extract is produced by a wine manufacturer 
at a winery of the manufacturer for use in the manufacture of wine at 
another winery of the manufacturer, this section applies to the extract 
if the manufacturer: 
(a) where the wine is to be a single wine made on the manufac­
turer's behalf- intends to sell the wine with a label claim; or 
(b) where the wine is to be a blend made on the manufacturer's 
behalf -intends to sell the blend with a label claim relating to 
wine manufactured from the extract; or 
(c) where the wine is to be a single wine made on behalf of 
another person -knows that that person intends to sell the 
wine with a label claim; or 
(d) where the wine is to be a blend made on behalf of another 
person -knows that that person intends to sell the blend with 
a label claim relating to wine manufactured from the extract. IPINIl! AUS/GIl 
Page 43 
Australian Wine and Brandy Corporation Act 1980 
s.39P 
(2) Where grape extract is produced by a wine manufacturer at a 
winery of the manufacturer for use in the manufacture of wine at a 
winery of another person. this section applies to the extract if the 
man ufacturer makes a label claim relating to the extract. 
(3) A wine manufacturer who produces grape extract to which this 
section applies must make and keep a record in writing of its produc­
tion showing: 
(a) the date of its production: and 
(b) its quantity: and 
(c) such of its characteristics as are required by section 39W. 
Wine manufacturers to keep records of sales of certain grape extract 
39P. (1) Where grape extract produced by a wine manufacturer at 
the manufacturer's winery is sold by the manufacturer for use in 
manufacturing wine. this section applies to the extract if the manufac­
turer makes a label claim in relation to the extract. 
(2) A wine manufacturer who sells grape extract in a sale to which 
this section relates must make and keep a record in writing of the sale 
showing: 
(a) the date of the sale: and 
(b) the extract's quantity: and 
(c) such of the extract's characteristics as are required by section 
39W: and 
(d) the identity of the purchaser. 
Wine manufacturers to keep records of disposal of certain grape 
extract 
39Q. (1) Where a wine manufacturer: 
(a) produces grape extract at the manufacturer's winery on behalf 
of another person: and 
(b) disposes of the extract in accordance with the instructions of 
that person; 
this section applies to the disposal if the manufacturer makes a label 
claim in relation to the extract. 
(2) A wine manufacturer who disposes of grape extract by a 
disposal to which this section applies must make and keep a record in 
writing of the disposal showing: 
(a) the date of the disposal: and 
Cb) the extract's quantity: and 
. (c) such of the extract's characteristics as are required by section 
39W; and IP/N/l/ AUS/G/l 
Page 44 
Australian Wine and Brandy Corporation Act 1980 
s.39R 
(d) the identity of that person: and 
(e) where the extract is disposed of by being delivered to yet 
another person -the identity of the person to whom it is 
delivered. 
. . 
Wine manufacturers to keep records of transfers of certain grape 
extract 
39R. (1) Where a wine manufacturer transfers grape extract from 
a winery of the manufacturer to another winery of the manufacturer 
for use in manufacturing wine, this section applies to the transfer if the 
man ufacturer: 
(a) where the wine is to be a single .wine-intends to sell the wine 
with a label claim: or 
(b) where the wine is to be a blend-intends to sell the blend with 
a label claim relating to wine manufactured from the extract. 
(2) Where a wine manufacturer transfers grape extract from a 
winery of the manufacturer to a winery of another person for use in 
manufacturing wine, this section applies to the transfer if the manufac­
turer makes a label claim in relation to the extract. 
(3) A wine manufacturer who transfers grape extract in a transfer 
to which this section applies must make and keep a record in writing 
of: 
(a) the date of the transfer; and 
(b) the extract's quantity; and 
(c) the winery from which the extrac~t is transferred; and 
(d) the winery to which the extract is transferred; and 
(e) such of its characteristics as are required by section 39W. 
Making of records 
39S. A requirement of this Division to make a record is a 
requirement to make the record as soon as it is practicable to do so. 
Records to relate to a winery 
39T. A requirement of this Division (other than sections 39M and 
39R) to make a record includes a requirement to make a record that 
shows the winery to which the record relates. 
Keeping of records 
39U. A requirement of this' Division to keep a record is a 
requirement to keep the record for 7 years~ or a shorter approved 
period, after the record is made. IPINIl! AUS/G/l 
Page 45 
Australian Wine and Brandy Corporation Act 1980 
s.39V 
Record of person 
39V. For the purposes of this Division. a record of the identity of 
a person is a record of particulars of the person's name and address 
that are enough to identify the person. 
Characteristics to be recorded 
39W. Where. under section 39G. 39H. 39J. 39K. 39M. 39N. 39P. 
390. or 39R. a record relating to wine or grape extract is to show such 
characteristics of the wine or extract as are required by this section. 
the requirement is for the record to show: 
(a) where the section requiring the record applies because of a 
claim about vintage-the vintage of the wine or extract; or 
(b) where that section applies because of a claim about vari­
ety-the variety of the wine or extract; or 
(c) where that section applies because of a claim about region of 
origin -the region of origin of the wine or extract. 
Record of variety 
39X. (1) For the purposes of this Division. where there is 
·uncertainty about the variety of wine goods. a record showing their 
variety is a record showing whichever variety the wine manufacturer 
making the record considers on reasonable grounds most likely to be 
their variety. 
(2) For the purposes of this Division. where a variety of wine 
goods is known by more than one name. a record showing the variety 
is a record showing anyone of those names. 
Record of region of origin 
39Y. For the purposes of this Division, a record showing the 
region of origin of wine goods is a record showing the name or 
description of any geographical area that is a region of origin of the 
goods. 
Record of blends etc. 
39Z. (1) For the purposes of this Division, where: 
(a) a wine manufacturer makes only one label claim about wine: 
and 
(b) the wine is a blend manufactured by blending wine with the 
characteristic claimed and other wine: 
a record showing the characteristic of the blend required because of 
the claim is a record showing what proportion of the blend is repre­
sented by wine with the characteristic claimed. IP/NIlIAUS/GI 1 
Page 46 
Australian Wine and Brandy Corporation Act 1980 
s.39ZAAA 
(2) For the purposes of this Division, where: 
(a) a wine manufacturer makes label claims about 2 or more of 
the characteristics of wine; and 
(b) the wine is a blend manufactured by blending wine with all the 
characteristics claimed and other wine; 
a record showing the characteristics of the blend required because of 
the claims is a record showing what proportion of the blend is 
represented by wine with the characteristics claimed. 
(3) Subject to subsections (1) and (2), for the purposes of this 
Division. a record showing the vintage, variety· or region of origin of a 
blend is: . 
(a) a record showing what proportions of the blend are repre­
sented by each different wine in the blend; and 
(b) a record. in respect of each of those wines, showing its vintage, 
variety or region of origin, as the case may be. 
(4) For the purposes of this Division, a record showing the vintage, 
variety or region of origin of grape extract derived from. grapes. of 
different vintages. varieties or regions of origin is: 
(a) a record showing what proportions of the goods are derived 
from each kind of grape; and . . 
(b) a record. in respect of each kind of grape, showing its vintage, 
variety or region or origin, as the case may be. . .. 
Offences in relation to record-keeping 
39ZAAA. If a wine manufactu~er who is required by this Division 
to make and keep a record of a matter: . 
(a) knowingly or recklessly fails to make or keep the record. as 
required by this Division; or . 
(b) knowingly or recklessly makes or keeps a record of the matter 
that is false. misleading or incomplete in a .. material particular: 
the manufacturer is guilty of an offence. 
Penalty: S 15.000. 
Corporation may require records 
39ZAA. (1) If the Corporation has reason to believe that a wine 
manufacturer or other person holds or controls a record required by 
this Division to be made and kept, the Corporation may, by notice in 
writing served on the person. require the person to produce the record 
to the Corporation. within the period and in the manner specified in 
the notice. IP/N/1/ ADS/G/l 
Page 47 
Australian Wine and Brandy Corporation Act 1980 
s.39ZAB 
(2) The period specified in the notice must not be less than 14 
days from the day on which it is served. 
(3) The notice must set out the effects of section 39ZAB. 
Failure to comply with section 39ZAA notice 
39ZAB. (1) A person must not. without reasonable excuse. refuse 
or fail to comply with a notice under section 39ZAA. 
Penalty: S 15.000. 
(2) It is a reasonable excuse for a person to refuse or fail to 
comply with a notice if complying would tend to incriminate the 
person. 
Corporation may retain records 
39ZAC. If a record is produced to the Corporation under section 
39ZAA: 
(a) the Corporation may keep it for 60 days. or. if a prosecution 
for a label offence of whose commission the record may be 
evidence is instituted within that period, until the completion 
of the proceedings for the offence and of any appeal from the 
decision in relation to the proceedings: and 
(b) the Corporation may inspect the record and may make and 
retain copies of all or part of it: and 
(c) while the Corporation has possession of the record. the Cor­
poration must: 
(i) allow the record to be inspected at any reasonable 
time by a person who would be entitled to inspect it 
if it were not in the Corporation's possession: and 
(ii) allow such a person to make a copy of the record. 
Division 3-lnspection 
Appointment of inspectors 
39ZA. (1) The principal employee may. on behalf of the Corpora-
tion: 
(a) appoint an eligible person to be an inspector: or 
Cb) appoint a class of eligible persons to be inspectors. 
(2) The appointment of an inspector ceases if he or she ceases to 
be an eligible person. 
(3) For the purposes of this section. the following are eligible 
persons: 
(a) employees of the Corporation: IP/N/l/AUS/G/l 
Page 48 
Australian Wine and Brandy Corporation Act 1980 
s.39ZB 
(b) officers and employees of the Commonwealth or of authorities 
of the Commonwealth: 
(c) officers and employees of a State or internal Territory whom a 
Minister of the Crown of the State~ or Minister of the Terri­
tory. has agreed may be appointed as inspectors; 
(d) officers and employees of a local government body whom the 
body has agreed may be appointed ~ insp~ctors. 
Identity cards 
39ZB. (1) The principal employee may cause an identity card to 
be issued to an inspector. 
(2) An identity card must: 
(a) contain a recent photograph of the inspector to whom it is 
issued: and 
(b) be in an approved form. 
(3) An inspector whose appointment ceases must~ as soon as 
practicable, return his or her identity card to the Corporation. 
Penalty: S 100. 
Monitoring powers of inspectors-exercised with consent 
39ZC. For the purpose of finding out whether label laws are being 
complied with. an inspector may, with the consent of .. and after 
producing the inspector's identity card for inspection by, the occupier 
of wine premises. enter. and exercise inspection powers on~ the prem­
ises. 
Monitoring warrants 
39ZD. (1) An inspector may apply to a magistrate for a warrant 
under this section in relation to particular wine premises. 
(2) Subject to subsection (3), the magistrate may issue the warrant 
if the magistrate is satisfied. by information on oath't that it is reason­
ably necessary that the inspector should have access to the premises 
for the purpose of finding out whether label laws are being complied 
with. 
(3) The magistrate must not issue the warrant unless the inspector 
or some other person has given to the magistrate, either orally or by 
affidavit, such further information (if any) as the magistrate requires 
concerning the grounds on which the issue of the warrant is being 
sought. (4) 
(a) 
(b) 
(c) 
(d) IPINIII AUS/G/l 
Page 49 
Australian Wine and Brandy Corporation Act 1980 
s. J9ZE 
The warran t must: 
authorise an inspector (whether or not named in the warrant), 
with such assistance and by such force as is necessary and 
reasonable: 
(i) to enter the premises~ and 
(ii) . to exercise inspection powers on the premises: and 
state whether the entrY is authorised to be made at any time of 
the day or night or d~ring specified hours of the day ~or night; 
and 
specify the day (not more than 6 months after the issue of the 
warrant) on which the warrant ceases to have effect: and 
state the purpose for which the warrant is issued. 
Offence powers of inspectors-exercised with consent 
39ZE. (1) Where an inspector has reasonable grounds for suspect­
ing that there is on wine premises a particular thing that may afford 
evidence of the commission of a label offence. the inspector may, with 
the consent of. and after producing the inspector's identity card for 
inspection by, the occupier of the premises, enter. and exercise inspec­
tion powers on. the premises. 
(2) An inspector who has entered premises under subsection (1) 
must leave them if requested to do so by their occupier. 
Offence related warrants 
39ZF. (1) An inspector may apply to a magistrate for a warrant 
under this section in relation to particular wine premises. 
(2) Subject to subsection (3), the magistrate may issue the warrant 
if the magistrate is satisfied. by information on oath. that there are 
reasonable grounds for suspecting that there is. or there may be within 
the next 72 hours. on the premises a particular thing that may afford 
evidence of the commission of a label offence. 
(3) The magistrate must not issue the warrant unless the inspector 
or some other person has given to the magistrate. either orally or by 
affidavit .. ')uch further information (if any) as the magistrate requires 
concerning the grounds on which the issue of the warrant is being 
sought. 
(4) The warrant must: 
(a) state the name of the inspector: and 
(b) authorise the inspector, with such assistance and by such force 
as is necessary and reasonable: 
(i) to enter the place: and 
(ii) to exercise inspection powers on the premises: and IP/N/l! AUS/G/l 
Page 50 
Australian Wine and Brandy Corporation Act 1980 
s. J9ZG 
(iii) to seize the thing that might afford evidence; and 
(c) state whether the entry is authorised to be made at any time of 
the day or night or during specified hours of the day or night; 
and 
(J) specify the day (not more than 7 days after the issue of the 
warrant) on which the warrant ceases to have effect; and 
(e) state the purpose for which the warrant is issued. 
Discoyery of eyidence 
39ZG. (1) \Vhere an inspector enters wine premises under a 
warrant under section 39ZF and finds the thing (in this section called 
the "evidence") that may afford evidence of the commission of a label 
offence arid which the inspector entered to find: 
(a) the inspector may seize the evidence; and 
(b) the inspector may keep the evidence for 60 days, or, if a 
prosecution for a label offence in the commission of which the 
e\'idence may have been used or otherwise involved is 
instituted within that period, until the completion of the pro­
ceedings for the offence and of any appeal from the decision 
in relation to the proceedings; and 
(c) if the evidence is a book. record or document-while the 
inspector has possession of the evidence. the inspector must: 
(i) allow the evidence to be inspected at any reasonable 
time by a person who would be entitled to inspect it 
if it were not in the inspector's possession; and 
(ii) allow such a person to make a copy of the evidence. 
(2) If. in the course of searching wine premises entered under 
section 39ZE or a warrant under section 39ZF, the inspector: 
(a) finds a thing that the inspector believes, on reasonable grounds 
to be: 
(i) a thing (other than the evidence) that will afford 
evidence of the commission of the label offence men­
tioned in subsection (1); or 
(ii) a thing that will afford evidence of the commission of 
another label offence; and 
(b) the inspector believes. on reasonable grounds, that it is neces­
sary to seize the thing to prevent its concealment. loss or 
destruction: 
subsection (1) applies to the thing as if it were the evidence. Australian Wine and Brandy Corporation Act 1980 lPINll! AUS/GIl 
Page 51 
s.39ZH 
Power to require persons to answer questions and produce documents 
39ZH. An inspector who is on wine premises that the inspector 
has entered under a warrant issued under section 39ZD or 39ZF may 
require any person on the premises to: 
(a) answer any questions put by the inspector: and 
(b) produce any examinable documents requested by the inspec­
tor. 
(2) A person must not. without reasonable excuse. refuse or fail to 
comply with a requirement under subsection (1). 
Penalty: S3.000. 
(3) It is a reasonable excuse for a person to refuse or fail to answer 
a question or produce a document if answering the question. or 
producing the document would tend to incriminate the person. 
Division 4-Use of Records and Results of Inspection 
Corporation to assist enforcement of laws on description of wine 
39ZJ. (1) For the purpose of achieving the object of this Part, the 
Corporation may give information obtained under this Part or section 
42. and other assistance. to: 
(a) the Trade Practices Commission~ or 
(b) a Department of. or an authority or other body established for 
a public purpose by. the Commonwealth, a State or a Territory 
with responsibilities relating to the labelling, description or 
quality of wine; or 
(c) a person prosecuting. or taking other proceedings against. or 
proposing to prosecute or take other proceedings against. a 
person in relation to the false description of the vintage. 
variety or region of origin of any wine. 
(2) This section does not limit any powers and duties of the 
Corporation. 
Proceedings not to lie against Corporation etc. 
39ZK. No proceedings lie against: 
(a) the Corporation; or 
(b) a member of the Corporation~ or 
(c) an employee of the Corporation~ or 
(d) an inspector; 
in relation to any loss incurred or damage suffered because of informa­
tion or assistance given under section 39ZH. IP/N/1/ ADS/G/l 
Page 52 
Australian Wine and Brandy Corporation Act 1980 
s.39ZL 
Corporation may assist in relation to levy 
39ZL. (1) For the purpose of assisting, and achieving administra­
tive savings in connection with. the calculation and collection of levy 
imposed by the Wine Grapes Levy Act 1979 or the Grape Research 
Le V)' Act 1986. the Corporation may, with the consent of a wine 
manufacturer. give to a Department of the Commonwealth with re­
sponsibilities relating to the levy information kept by, or held on 
behalf of. the manufacturer that is obtained by the Corporation under: 
this Part or under section 42. 
(2) A wine manufacturer is to be taken to have consented to the 
giving of information under subsection (1) where the occupier of the 
wine premises where the information is kept or held gave such con­
sent. 
PART VII-MISCELLANEOUS 
Remuneration and allowances of members of Corporation etc. 
40:~ (1) This section applies to a person who is: 
(a) a member; or 
(c) a member of a committee constituted under section 11 other 
than a member of the Corporation. 
(2) Subject to this section, a person to whom this section applies 
shall be paid such remuneration 'as is determined by the Remuneration 
Tribunal, but. if no determination of that remuneration by the Tribu­
nal is in operation, the person shall be paid such remuneration as is 
prescribed. 
(3) Subject to this section, a person to whom this section applies 
shall be paid such allowances as are prescribed. 
(4) Subsections (2) and (3) have effect subject to the Remuneration 
Tribunals Act 1973. 
(5) Payments under this section shall be made out of the funds of 
the Corporation. 
(6) If: 
(a) a person to whom this section applies is also a member of, or 
a candidate for election to, the Parliament of a State; and 
(b) under the law of that State the person would not be eligible to 
remain. or to be elected as, a member of that Parliament if he 
or she were entitled to remuneration under this Act; Australian Wine and Brandy Corporation Act 1980 IP/~/l/}\{JS/(J/l 
Page 53 
s.41 
the person shall not be paid remuneration or allowances under this 
Act but shall be reimbursed such expenses as the person reasonably 
incurs because of the person's performing the functions of the office 
under this Act held by the person. 
(7) If a person to whom this section applies is also: 
(a) a member of the Parliament of a State (other than a State 
referred to in subsection (6»; or 
(b) in the service or employment of a State or an authority of a 
State. or holds or performs the duties of any office or position 
established by or under a law of a State .. on a full-time basis: 
it is a condition of the person's holding the office under this Act held 
by the person that the person pay to the State. within one month of 
receiving an amount of remuneration under this Act. an amount equal 
to that first-mentioned amount. and the person: 
(c) shall not be paid allowances under this Act; and 
(d) shall be reimbursed such expenses as the person reasonably 
incurs because of the person's performing the functions of the 
office under this Act held by the person. 
(8) An amount payable to a State by a person under subsection (7) 
is a debt due to the State and the State may recover that amount by 
action against the person in a court of competent jurisdiction. 
(9) In this section: 
"Parliament". in relation to the Northern Territory, means the Legis­
lative Assembly of the Northern Territory; 
"State" includes the Northern Territory. 
Indemnity 
41. A member is not personally liable for an act or default of the 
Corporation or of the member acting as such. 
Corporation may require information 
42. (1) The Corporation may, by notice in wrIung given. or sent 
by post. to a person, require the person to furnish, within such time as 
is specified in the notice not being less than 14 days, such information. 
in addition to any other information that the person is required to 
furnish under this Act or any other Act, in relation to the production 
of prescribed goods or grape products to matters relating to the 
description of wine. other than matters about which records are 
required to be kept under Part VIA, or to prescribed goods or grape 
products owned by the person or under the person's control as is 
specified in the notice. IP/NIlIAUS/GI 1 
Page 54 
Australian Wine and Brandy Corporation Act 1980 
s. 43 
(2) A person shall not, without reasonable excuse, fail or neglect 
duly to furnish information that the person is required to furnish by 
virtue of a notice given, or sent by post, to· the person under sub­
section (1). 
(3) A person is not excused from furnishing information that the 
person is required to furnish by virtue of a ~otice given. or sent by 
post, to the person under subsection (1) on the ground that the 
information might tend to incriminate the person or mak:e the persoq 
liable to a penalty, but any information so furnished is not admissibld 
in evidence against the person in proceedings o~her than proceedings 
for an offence against subsection (4). .. . 
(4) A person shall not furnish to the. Corporation Information that 
the person knows is false or misleading in a material particular. 
Penalty: 
(a) in the case of a natural person-imprisonment for 6 months~ 
or . 
(b) in the case of a body corporate-$5,OOO. 
Delegation 
43. (1) The Corporation may, either geiierally or as otherwise 
provided by the instrument of delegation, by writing under its common 
seal, delegate to a person or to a committee established un4er section 
11 any of its powers under this Act, other than this power of delega­
tion. 
(2) A power so delegated" when exercised by the delegate., shall. 
for the purposes of this Act~ be deemed to have been exercised by the 
Corporation. 
(3) A delegation under this section does not prevent the exercise 
of a power by the Corporation. 
Offences in relation to export of grape products . 
44. A person shall not export a grape product from Australia in 
contravention of the regulations. 
Penalty: 
(a) in the case of a natural person-$6,OOO; or 
(b) in the case of a body c0.rporate-~10,OOO. 
Conduct by directors, servants or agents 
44A. (1) Where, in proceedings for an offence against this Act., it 
is necessary to establish the state of mind or'g' body: corporate· in 
relation to particular conduct, it is sufficient to show: ip/N/l! AUS/GIl 
Page 55 
Australian Wine and Brandy Corporation Act 1980 
s.44A 
(a) that the conduct was engaged in by a director. servant or agent 
of the body corporate within the scope of his or her actual or 
apparent authority; and 
(b) that the director. servant or agent had the state of mind. 
(2) Any conduct engaged in on behalf of a body corporate by a 
director. servant or agent of the body corporate within the scope of his 
or her actual or apparent authority is to be taken. for the purposes of 
a prosecution for an offence against this Act, to have been engaged in 
also by the body corporate unless the body corporate establishes that it 
took reasonable precautions to avoid the coriduct. 
(3) Where, in proceedings for an offence against this Act. it is 
necessary to establish the state of mind of a natural person in relation 
to particular conduct, it is sufficient to show: 
(a) that the conduct was engaged in by a servant or agent of the 
person within the scope of his or her actual or apparent 
authority: and 
(b) that the servant or agent had the state of mind. 
(4) Any conduct engaged in on behalf of a natural person by a 
servant or agent of the person within the scope of his or her actual or 
apparent authority is to be taken. for the purposes of a prosecution for 
an offence against this Act. to have been engaged in also by the 
first-mentioned person unless the first-mentioned person establishes 
that the first-mentioned person took reasonable precautions to avoid 
the conduct. 
(5) Where: 
(a) a natural person is convicted of an offence; and 
(b) the person would not have been convicted of the offence if 
subsections (3) and (4) had not been enacted; 
the person is not liable to be punished by imprisonment for that 
offence. 
(6) A reference in subsection (1) or (3) to the state of mind of a 
person includes a reference to: 
(a) the knowledge. intention. opinion, belief or purpose of the 
person: and 
(b) the person's reasons for the intention, opinion, belief or pur­
pose. 
(7) A reference in this section to a director of a body corporate 
includes a reference to a constituent member of a body corporate 
incorporated for a public purpose by a law of the Commonwealth. of a 
State or of a Territory. IP/N/lIAUS/G/l 
Page 56 
Austraiian Wine and Brandy Corporation Act 1980 
s.4S 
(8) A reference in this section to engaging. in conduct includes a 
reference to failing or refusing to engage in conduct. 
(9) A reference in this section to· an offence against this Act 
includes a reference to: 
(a) an offence created by the regulations: and 
(b) an offence created by section 6~ 7 or 7 A~ or subsection 86 (1), 
of the Crimes Act 1914, being an offence that related to the 
Act or the regulations. 
Operation of certain laws not restricted 
45. Nothing in this Act or the regulations restricts the operation of 
the Customs Act 1901. the Commerce' (Trade Descriptions) Act 1905 or 
the Export Control Act 1982, or of any regulations made under any 
one or more of those Acts. 
Regulations 
46. (1) The Governor-General may make regulations. not· in­
consistent with this Act, prescribing all matters required or permitted 
by this Act to be prescribed or necessary or convenient to be pre­
scribed for carrying out or giving effect to this Act, and., in particular: 
(a) making provision with respect to annual general meetings 
including. in particular, provisions in respect of: 
(i) the giving of notice of motions to be· moved at such 
meetings; . 
(ii) the moving of motions at such meetings by the Cor­
poration; 
(iii) the procedure at su~h meetings; 
(iv) the appointment by persons. entitled to attend such 
meetings of other persons to be their proxies at such 
meetings; and ' 
(v) the means of determining whether or not motions 
voted upon at such meetings have been passed; 
(c) prohibiting the export of a grape ·product from Australia 
except subject to and in accordance with prescribed con­
ditions, including, in particular: 
(i) conditions requiring an exporter to be t~e holder of a 
licence to export the 'grape product; 
(ii) conditions requiring an exporter to obtain the ap­
proval of the Corporation' for particular exports of 
the grape product; . ' 
(iii) conditions requiring the purchaser of the grape prod­
uct, or the person to whom the grape product is 
consigned as an agent or representative of the IP/N/l! AUS/G/l 
Page 57 
Australian Wine and Brandy Corporation Act 1980 
s.47 
purchaser or exporter in the country to which the 
grape product is consigned~ to be a person approved 
by the Corporation~ or 
(iv) conditions relating to the price, or form of consign­
ment. of the grape product~ 
(d) making provision with respect to: 
(i) the grant. suspension or cancellation by the Corpora­
tion. or a person authorized by it, of licences to 
export a grape product from Australia: and 
(ii) the issuing or revocation by the Corporation. or by a 
person authorized by it. in respect of particular ex­
ports of a grape product. of certificates as to compli­
ance with the conditions subject to which the grape 
product may be exported: . 
( e) providing for the period for which a licence, or a licence 
included in a class of licences. granted under the regulations 
remains in force; 
(f) authorizing the Corporation. or a person authorized by it: 
(i) [0 determine prices or other matters for the purposes 
of the regulations; or 
(ii) to give to the holder of a licence to export a grape 
product granted under the regulations directions. in 
writing, with' respect to the quantities of the grape 
product that may be exported by the holder of the 
licence either generally or otherwise as provided in 
the regulations: 
(g) requiring persons to furnish returns and information necessary 
for the purposes of this Act: and 
(h) providing for a penalty of: 
(i) if the person is a natural person, a fine not exceeding 
S1,000; or 
(ii) if the person is a body corporate. a fine not exceeding 
$5,000; 
for offences against the regulations. 
PART Vill-REPEAL OF CERTAIN ACTS AND CONSEQUENT 
TRANSmONAL PROVISIONS 
In terpretation 
47. In this Part. "Board" means the Australian Wine Board 
established by the Wine Overseas Marketing Act 1929. IP/NIV AUS/G/l 
Page 58 
Australian Wine and Brandy Corporation Act 19aO 
s.48 
Repeal of certain Acts 
48. The Acts specified in the Schedule are repealed. 
Rights etc. of Board to vest in Corporation etc. 
49. (1) Upon the commencing date: 
(a) Jny rights. property or assets that. immediately before that 
date. were vested in the Board are, by force of this subsection. 
vested in the Corporation; and 
(b) the Corporation becomes, by force of this subsection. liable to 
pay and discharge any debts. liabilities or obligations of the 
Board that existed immediately before that date. 
(2) An arrangement or contract entered into by or on behalf of the 
Board as a party and in force immediately before the commencing 
date continues in force. notwithstanding the repeal of the Acts speci­
fied in the Schedule. but that arrangement or contract has effect. on 
and after the commencing date. as if: 
(a) the Corporation were substituted for the Board as a party to' 
the arrangement or contract; and 
(b) Jny' reference in the arrangement or contract to the Board 
were (except in relation to matters that occurred before that 
date) a reference to the Corporation. 
(3) Where. immediately before the commencing date. proceedings 
to which the Board was a party were pending in any court, the 
Corporation is. by force of this subsection, substituted for the Board as 
a party to the proceedings and has the same rights in the proceedings 
as the party for which it is substituted. 
Instrument etc. not liable to stamp duty etc. 
50. An instrument or document that the Secretary to the Depart­
ment of Primary lndustry or an officer of that Department authorized 
by him in writing for the purpose of this section certifies to have been 
made. executed or given by reason of, or for a purpose connected with 
or arising out of. the operation of this Part is not liable to stamp duty 
or other tax under a law of the Commonwealth or of a State or 
Territory. 
Application of moneys of Corporation 
51. The moneys of the Corporation may be applied in payment or 
discharge of the debts. liabilities and obligations referred to in para­
graph 49 (1 ) (b). Australian Wine and Brandy Corporation Act 1980 
Moneys to be paid to Corporation in respect of levy etc. IPINll! AUS/G/l 
Page 59 
s. S2 
52. There shall be paid to the Corporation out of the Consolidated 
Revenue Fund. which is appropriated accordingly, an amount equal to 
the aggregate of any amounts received by the Commonwealth. before 
the commencing date: 
(a) as charge under the· Wine Grapes Charges Act 1929 (including 
that Act in its application by virtue of subsection 3 (2) of the 
Wine Grapes Charges (Repeal) Act 1979; 
(b) as levy under the Wine Grapes Levy Act 1979: or 
(c) as penalties under section 5 of the Wine Grapes Lev.:v Collec-
tion Act 1979; 
that have not been taken into account in making a payment to the 
Board under subsection 21 (1) of the Wine Overseas J\1arkering Act 
1929. less an amount equal to the aggregate of any amounts to be paid 
by the Commonwealth by way of refund under section 7 of the Wine 
Grapes Levy Collection Act 1979 in respect of any amounts so re­
ceived. 
Employees of Board 
53. (1) A person who. immediately before the commencing date. 
was employed by the Board shall. by virtue of this subsection. be 
deemed to be, on that date. engaged as an employee of the Corpora­
tion under section 30. 
(2) Terms and conditions of employment applicable to a person 
referred to in subsection (1) immediately before the commencing date 
shall. by virtue of this subsection. be deemed to be 'terms and con­
ditions of employment determined under subsection 30 (2), but those 
terms and conditions may, at any time after the commencing date. be 
varied under that subsection. 
Report on operations of Board 
54. (1) The Corporation shall, not later than 6 months after the 
commencing date. prepare and submit to the Minister a report on the 
operation of the Wine Overseas Marketing Act 1929 during the period 
that: 
(a) commenced immediately after the expiration of the last period 
in respect of which a report was submitted by the Board to the 
;\1inisrer in pursuance of section 29 of that Act: and 
(b) ended immediately before the commencing date. IP/~/l/j\lJS/(J/l 
Page 60 
Australian Wine and Brandy Corporation Act 1980 
s.5S 
(2) The Minister shall cause a copy of the report. together with a 
statement by the Minister regarding the operation of the Wine Over­
seas Afarkeling Act 1929 during the period to which the report relates. 
to be laid before each House of the Parliament within 15 sitting days 
of that House after the receipt of the report by the Minister. 
(3) The persons who. immediately before the-commencing date, 
were members of the Board shall furnish to the Corporation such 
information as is necessary to enable the Corporation to prepare the 
report. 
Regulations 
SS. The regulations may make provision for and in relation to the 
continued effect. for the purposes of the regulations. of licences and 
certificates in force. immediately before the commencing date. under 
regulations made for the purposes of the Wine Overseas Marketing Act 
1929. 
Wine Overseas Markeang Act 1929 
Wine Overseas Marketing Act 1930 
Wine Overseas Marketmg Act 7935 
Wine Overseas Marketmg Act 1945 
Wine Overseas Marketing Act 1953 
Wine Overseas Mari<etmg Act 1954 
Wine Overseas Marketmg Act 7951 
Wine Overseas Markeang Act 1953 
Wine Overseas Marketing Act 7973 SCHEDULE 
ACTS REPEALED 
Wine Overseas Marketmg Amendment Act 7979 Section 48 lP/N/l! AUS/G/1 
Page 61 
Australian Wine and Brandy Corporation Act 1980 
NOTES 
1. The Australian Wine and Brandy Corporation Act 1980 as shown in this reprint compnses Act 
No. 161.1980 amended as IndIcated In the Tables below. 
The Australian Wine and Brandy eorporatron Act 1980 was mOdified by the A.C.T. Self-
Government (Consequennal ProvtSlOOS) RegulatJons as amended. (See Note 2) 
Table of Acts 
Act Number Date Date of Apphcanon. 
and year of Assent commencement saVIng or 
tranSItional 
prOVISIOns 
Australian Wine and 161, 1980 la Oee 1980 Ss. 1, 2 and 13 
Brandy Corporation Act (4): Royal Assent 
1980 Remamder: 1 Juty 
1981 (see Gazette 
'981, No. S123) 
Export Control 48, 1982 9 June 1982 1 Jan 1983 (see 
(Miscellaneous s. 2 and Gazette 
Amenoments) Act 1982 1982. No. G48. 
p.2) 
Statute Law 72. 1984 25 June S. 3: 23 July 1984 5.5(1) 
(Miscellaneous 1984 (a) 
PrOVISIonS) Act (No. t) 
1984 
Statute Law 165, 1984 25 Oct 1984 S. 3: Royal Assent Ss. 2 (32) 
(MIscellaneous (b) and 6 (1) 
PrOVISiOnS) Act (No. 2) 
1984 
Statute Law 65. 1985 5 June 1985 S. 3: 3 July 1985 
(MIscellaneous (c) 
ProvISIons) Act (No. 1) 
1985 
Australtan Wine and 60. 1986 24 June Ss. 1.2.3 (1), 5. Ss. 29 and 
Branay Corporation 1986 14, 19 and 30: 30 
Amendment Act 1985 Royal Assent 
Remamder. 1 J uty 
1986 
Pflmary Industrfes 51,1988 15 June S. 3: Royal Assent 
(Recovery of Levy 1988 (d) 
Collection Expenses) 
Act 1988 
AustralIan Wine and 144, 1989 23 Nov 1989 1 Jan 1990 Ss. 6 ana 10 
Brandy Corporation 
Amendment Act 1989 
Primary Industries LeVIes 26. 1991 1 Mar 1991 1 July 1991 (see 
and Charges CollectiOn s.2) 
(Consequential 
PrOVISIOns) Act 1991 IPINIl! AUS/G/l 
Page 62 
Australian Wine and Brandy Corporation Act 1980 
Act 
Australian Wine and 
Brandy CorporatIon 
Amendment Act 7992 NOTES -continued 
Table of Acts-continued 
Number 
and year Date 
of Assent 
, 37, 1992 11 Nov 1992 Date of 
. commencement 
S. 4: 9 Dec 1992 
RefTlaJnder. Royal 
Assent Application. 
saving or 
transitional 
provisions 
(a) The Australtan Wine and Brandy Corporation Act 1980 was amended by section 3 only of 
the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2 (1) of which 
prOVldes as follows: 
• (1 ) Subject to thiS section, this Act shall come into operation on the twenty-eighth day 
atter the day on which It receives the Royal Assent .. 
(b) The Australian Wine and Brandy Corporation Act 1980 was amended by section 3 only of 
the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2 (7) of which 
prOVIdes as follows: 
.. (7) The amendment of the Australian Wine and Brandy Corporation Act 1980 made 
by thIS Act shall come Into operation the day on which this Act receives the Royal Assent" 
(C) The Australtan Wine and Brandy Corporation Act 1980 was amended by section 3 only of 
the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of which 
prOVldes as fOllOWS: 
• (1 ) SubJect to this sectJon, this Act shall come into operation on the twenty-eighth day 
after the day on whICh It receives the Royal Assent .. 
(d) The Australtan Wine and Brandy Corporation Act 1980 was amended by section 3 only of 
the Pffmary Industries (Recovery of Levy Collection Expenses) Act 1988, subsection 2 (1) 
of which pf'OVldes as follows: 
-(1) SubJect to subsectlons (2), (3) and (4). this Act commences on the day on which it 
recerves the Royal Assent· 
Table of Amendments 
ad. • added or insened am.:I amended rep. = repealed rs. = repealed and substituted 
PrOVlSlon affected How affected 
S. 4 .................. am. No. SO. 1985: No. 2S. 1 991 
S. 5 ....... ,.......... rep. No. SO, 1986 
S. 5A ................. ad. No. 60. 1986 
Ss. 7. 8 ................ am. No. 60. 1986 
S. 9 .................. am. No. 60, 1986: No. 144, 1989 
S. 11 
S.13 
S. 14 am. No. SO. 1986 
rs. No. SO. 1986 
am. Nos. 72 and 165, 1984 
rs. No. 60. 1986 
Ss. 15-17 .............. rs. No. 60. 1986 
Ss. , 8, 19 . . . . . . . . . . . . .. rep. No. 60, 1986 
S.20 ................. am. No. 60, 1986 
S. 21 ................. rs. No. SO. 1986 
S. 22 ................. am. No. SO. 1986 
Part iv (ss. 23-29) ........ rep. No. 60, 1986 "JP/N/l! AUS/G/l 
Page 63 
Australian Wine and Brandy Corporation Act 1980 
NOTES-continued 
Table of Amendments-continued 
ad. .. added or tnsened am. .. amended rep. .. repealed rs. = repealed and substituted 
P rovtSl()(l affected How affected 
Ss. 23·29 ...........•.. rep. No. 60. 1986 
Part IVA (ss. 29A·29n .... ad. No. 60, 1986 
Ss. 29A·29T ..........•. ad. No. 60, 1986 
Pan IVB (ss. 29U·29Z. 
29ZA) ad. No. 60, , 986 
Ss. 29U·29Y ............ ad. No. 60, 1986 
S. 29Z ........ :....... ad. No. 60. , 986 
am. No. 144, 1989 
S. 29ZA ............... ad. No. 60, '986 
5.30 ................. am. No. 60, 1986 
Part VA (ss. 31, 
31A·31 K) 
S. 31 ad. No. 60. 1986 
rep. No. 65. 1985 
ad. No. 60. , 986 
Ss. 31A·31K ........•... ad. No. 60. 1986 
Ss. 32. 33 . . . . . . . . . . . . .. rs. No. 60, 1986 
am. No. 144, 1989; No. 26. 1991 
S. 34 ................. rs. No. 60, 1986 
SS. 34A. 348 ........... ad. No. 60. 1986 
S. 35 ................. am. No. 60. 1986; No. 51, 1988 
S. 37 ................. rep. No. 60. '986 
S. 38 .....•........... am. No. 60, 1986 
S. 38A ................ ad. No. 60, 1986 
Part VIA (ss. 39A·39Z. 
39ZA·39ZL) ad. No. 144, 1989 
Ss. 39A·39E ............ ad. No. 144, 1989 
Ss. 39F·39K ............ ad. No. 144, 1989 
am. No. 137. 1992 
S.39L ................ ad. No. 144, 1989 
SS.39M·39R ........... ad. No. 144. 1989 
am. No. 137, 1992 
Ss. 39S·39Z . . . . . . . . . . .. ad. No. 144, 1989 
Ss. 39ZAAA, ad. No. 137. 1992 
39ZAA·39ZAC 
Ss. 39ZA·39ZE .......... ad. No. 144, 1989 
Ss. 39ZF, 39ZG ......... ad. No. 144, 1989 
am. No. 137, 1992 
Ss. 39ZH-39ZL .......... ad. No. 144, 1989 
Ss. 40. 41 .•.......•.... am. No. 60, 1986 
S.42 ................. am. No. 60. 1986; No. 144, 1989; No. 137, 1992 IP/N/l/AUS/G/1 
Page 64 
Australian Wine and Brandy Corporation Act 1980 
NOTES -continued 
Table of Amendments -continued 
ad. • added or Inserted am. ::0 amended rep. = repealed rs. = repealed and substituted 
PrOVtSIOO affected How affected 
S. 43 ................. am. No. 60. 1986 
S.44 ................. am. No. 60. 1986: No. 144. 1989 
S. 44A ................ ad. No. 144. 1989 
S. 45 ................. rs. No. 48. 1982 
S. 46 ................. am. No. 60. , 986: No. 144. 1989 
2. Section 40 -The Australian Wine and Brandy Corporation Act 1980 was modified by regula­
tIOn 2 and Schedule' of the A.C.T. Self-Government (Consequential Provisions) Regulations as 
amended. The prOVISIons of Schedule 1 applicable to the abovementJoned Act quoted belOw are 
not Incorporated In thIS repnnt . 
"Subsection 40 (9): 
OmIt the subsectlon, substitute: 
'(9) In thIS sectton: 
"ParUament" means: 
(a) In relanon to the Australian Capital Territory-the Legislative Assembly for'the Territory; 
and 
(b) In relation to the Northern Territory-the Legislative Assembly of the Territory, 
"State" includes the AustrallaIl Capital Territory and the Northern Territory.'." IP/N/l/ADS/G/1 
Page 65 
Australian Wine a~d Brandy 
Corporation Amendment Act 1993 
No. 93 of 1993 
TABLE OF PROVISIONS 
PART I-PREUMINARY 
Section 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
ll. 
12. 
13. 
14. 
15. 
16. 
17. Short title etc. 
Commencement 
Objects 
Interpretation 
Insertion of new section: 
4A. Extension to external Territories 
Insertion of new sections: 
5B. Declared wine grape growers organisation 
5e. Meaning of "description and presentation" 
5 D. Where wine originates 
Powers of Corporation. 
Deputy Chairperson 
Insertion of new section: 
29AA. Interpretation 
Heading 
Directions to Corporation and Geographical Indications Committee 
Application of money of Corporation 
Application of Division 2 of Part Xl of the Audit Act 
Interpretation 
Insertion of new section: 
39EA. Tune for bringing prosecutions 
Repeal of section and substitution of new section: 
39S. Making of records 
Insertion of new Part: 
52386 Cat. No. 93 4766 6 IPINIl! AUS/G/l 
Page 66 
Section TABLE OF PROVISION~onlinued 
PART VIB-PROTEcnON OF CEKI'AlN NAMES AND EXPRESSIONS 
Division I-Prelimirulry 
40. Interpretation 
4OA. Object of Part 
408. Additional operation of Part 
Division 2-Provisions relating to sa~ uport or import of wine 
4OC. Sale. export or import of wine with a false desaiption and presentation 
400. Meaning of "false description and presentation" 
4OE. Sale. export or import of wine with a misleading desaiption and 
presentation . 
4OF. Meaning of "misleading desaiption and presentation" 
4OG. Sale. export or import of wine in contravention of certain registered 
conditions 
4OH. Blending requircments7 oenological practices and processes and 
compositional or other requirements 
401. Exception for certain wines 
4OK. Prosecution of offences 
40L Injunctions 
4OM. Application of national food standards to wines imported from 
agreement countries 
Division 3-Establishment, function and powers of Geographical Indications 
Committee 
4ON. Establishment of Committee 
4OP. Function and powers of Committee 
Division 4--Australilm geographical indications 
400. Power of Committee to detennine geographical indications 
4OR. Applications for determinations 
405. Consultation by the Committee 
4OT. Making of determinations 
4OU. Interim determination 
4OV. Publication of notice of interim determination 
4OW. Final determination . 
4OX. Publication of notice of final determination 
4OY. Review of final determination 
4OZ. Date of effect of final determination 
Division 5-Register of Protected Names 
4OZA. Registrar 
4OZB. Functions of Registrar 
4OZC. Register of Protected Names 
4OZD. Contents of Register 
4OZE. Inspection of Register 
18. Remuneration and allowances of members of Corporation etc. 
19. Repeal of section 48 
20. Additional amendments 
21. Repeal of Schedule and substitution of new Schedule: Section ill IP/~/l/}\lJS/Ci/l 
Page 67 
TABLE OF PROVISIONS--continued 
SCHEDULE 
SCHEDULE TO BE INSERTED IN PRINCIPAL Acr 
ADMINISTRATIVE PROVISIONS RElATING TO TIlE GEOGRAPlDCAL 
INDICATIONS COMMITTEE IP/~/l/)\lJS/Ci/l 
Page 68 
Australian Wine and Brandy 
Corporation Amendment Act 1993 
No. 93 of 1993 
An Act to amend the Australian Wine and Brandy 
Corpo.ration Act 198~, and ~or related purposes 
[Assented to 16 December 1993] 
The Parliament of Australia enacts: 
Short title etc. .. ' 
1.(1) This "Act may be cited as ,the Australian Wine and Brandy 
Corporation ~'!I.e.~ent Acr.1993. 
5 (2) In this Act, "Principal Act" means the Australian Wine and Brandy 
Corporation Act 19801• 
Commenc'ement 
2. This Act coID.Diences on the day on which it receives the Royal Assent. 
Objects "; 
1 0 3. Section 3 of the Principal Act is amended: 
(a) by adding "and" at the end of each of paragraphs (l)(a), (b) and (d); IPINIl! AUS/G/l 
Page 69 
Australian 'Wine and Brandy Corporation 
Amendment No. 93, 1993 
(b) by inserting after paragraph (l)(d) the following paragraphs: 
U(e) to enable Australia to fulfil its' obligations under prescribed 
wine-trading agreements; and 
(f) for the purpose of achieving any of the objects set out in the 
preceding paragraphs: 5 
Interpretation (i) to determine the boundaries of the various regions and 
localities in Australia in which wine is produced; and 
(ii) to' give identifying names to those regions and 
localities; and , 
(iii) to determine the varieties of grapes that m~y be used in 10 
the manufacture of wine in Australia;". .. 
4. Section 4 of the Principal Act is amended: 
(a) by omitting from subsection (1) the definitions of "Committee" and 
uPresiding Member"; 15 
(b) by omitting from the definition of "prescribed goods" in subsection 
( I) ubeing grapes or grape juice produced in Australia;"; 
(c) by inserting in subsection (1) the following definitions: 
U 'agreement country' means: 
(a) if an agreement relating to trade in wine is in force between the 20 
European Economic Community and Australia-an EC 
country; and ',. . 
(b) if an agreement relating to trade in wine is in force between a 
foreign country (other than an EC country) arid Australia and 
is declared by the regulations to be a prescribed wine-trading 2S 
agreement-that foreign country; 
, Australia' includes all the external Territories; 
'blending requirements' means requirements relating to the 
blending of wines of different varieties, geographical indications or 
vintages, or any combination of the above; . 30 
'corporation', in Part Vffi, means a body corporate that: 
(a) is a foreign corporation within the meaning of paragraph 
51 (xx) of the Constitution; or 
(b) is a trading corporation within the meaning of that paragraph 
that is formed within the limits of Australia; or , 35 , 
(c) is incorporated in a Territory; 
'declared wine grape growers organisation' means an 
organisation in relation to which a declaration' is ,in force under 
section 5B; IP/NIl/ AUS/G/l 
Page 70 
Australian 'Wine and Brandy Corporation 
Amendment No. 93, 1993 
'description', in relation to wine, has a meaning affected by section 
5C; 
'EC country' means a country that is a member of the European 
Economic Community; 
5 'export' means export from Australia; 
'geographical indication', in relation to wine, means: 
(a) a word or expression used in the description and presentation 
of the wine to indicate the country, region or locality in which 
the wine originated; or 
10 (b) a word or expression used in the description and presentation 
of the wine to suggest that a particular quality, reputation or 
characteristic of the wine is attributable to the wine having 
originated in the country, region or locality indicated by the 
word or. expressio~; 
15 'modify', in relation to oenological practices and processes, or 
compositional or other requirements, includes: 
(a) add one or more practices or processes, or compositional or 
other requirements; and' 
(b) vary anyone or more of the practices or processes, or of the 
20 compositional or other requirements; and 
(c) omit anyone or more of the practices or processes, or of the 
compositional or other requirements; 
'national food standard' means a national standard within the 
meaniilg of th~ Imported Food Control Act 1992; 
25 'organisation' means any body of persons, whether a body corporate 
or an unincorporated body; 
'originate';in relation.to wine, has the meaning given by section 5D; 
'presentation', in. Ielation to wine, has a meaning affected by 
.. section se; 
30 'prescribed wine-trading agreement' means: 
(a) an agreement relating to trade in wine that is in force between 
the European Economic Community and Australia; or 
. (b) an agreement relating to trade in wine that is in force between 
a foreign country (other than an EC country) and Australia and 
35 is declared by the regulations to be a prescribed wine-trading 
a~eement; ... 
'Register' means the Register oiProtected Names kept under section 
4OZC; . 
'registered' means included in the Register; IP/N/l! ADS/G/1 
Page 71 
Australian W'ine and Brandy Corporation 
Amendment No. 93, 1993 , 
'registered ancillary protected expression' means a word or 
expression, other than a geographical indication or traditional 
expression, that is included in the Register in relation to a particular 
country; 
'registered condition', in relation to: . .' 5 
(a) a geographical indication, a traditional.expression, or any 
other word or expression, relatiDg to wine; or 
(b) a variety of grapes for use in the manufacture of wine in 
Australia; 
means a condition included in the Register that is applicable to the 10 
geographical indication, traditional expression or other word or 
expression, or is applicable to the description and presentation of 
wine manufactured from, or from grapes that include, that variety of 
grapes, as the case may be; . 
'registered geographical indication' means a geographical 15 
indication that is included in the Register in relation to a particular 
country; 
'registered traditional expression' means a traditional expression 
that is included in the Register in relation to a particular country; 
'registered variety of grapes' means a variety of grapes that is 20 
included in the Register; 
'Registrar' means the Registrar of Protected Names; 
'Selection Committee' means the Australian Wme and Brandy 
Corporation Selection Committee; .. 
'sell' includes offer, expose or advertise for s~e; 25 
'traditional expression', in relation to wine, means a word or 
expression used in the description and presentation of the wine to 
refer to the method of production, or to the quality, colour or type, 
of the wine; . . 
'wine' means an alcoholic beverage produced by the complete or 30 
partial fermentation of fresh grapes or products derived solely from 
fresh grapes, or both;"; .. 
(d) by adding at the end the following subsection: 
"(3) If a prescribed wine-trading agreement is in force between 
the European Economic Community and Australia, each EC country 35 
is taken, for the purposes of this Act, to be a party to the agreement.". 
Insertion of new section 
S. After section 4 of the Principal Act the following section is inserted: 
Extension to external Tenitories 
"4A. This Act extends to all the external Territories.". 40 IP/N/lIAUS/G/l 
Page 72 
Australian Wine ami Brandy Corpora/ion 
Amendment No. 93 .. 1993 
Insertion of new sections .. 
6. The following sections are inserted in Part I of the Principal Act after 
section 5A: 
Declared wine grape growers organisation 
5 "5B. If the Minister considers ·that an organisation is a national 
organisation that. is' representative of growers of. wine grapes, the Minister 
may, by notice published in the Gazet~e, .declare the organisation to be a 
declared wine grap~ gro~~rs organ.~~~tion. 
Meaning of "description and presentation'~ 
10 HSC. In this Act, a reference to the description and presentation with 
IS 
20 
25 which wine is sold; exported or imported is a reference to all names 
(including business names) or other descriptions .. references (including 
addresses), signs, designs and trade marks used to distinguish the wine and 
appeanng: . 
(a) 
(b) 
(c) 
(d) on thc container (including on the device used to seal the container 
or on a label affixed to. the container), on any tag attached to the 
container or, if the container is a bottle, on the sheathing covering the 
neck of th_c b~UI.e;. o~.:, :; : _. . 
on prot~ctive wrappings .(such 'as papers and straw envelopes of all 
kinds), cartons and cases used in the packaging of the wine or the 
transport',~t the.wit,le; or 
in documents relating to the"; transport' of the wine or in other 
comme~cia! doc~~ents ,(for ~x~mple, invoices or delivery notes) 
relating to the sale or transport of the .wine; or 
in advert~~emcnl~.r~latingJ.o th.~ ,wine. 
Wh~re wine orighl"ates"' 
uSD. For the purposes of this Act: 
(a) a wine i.~' tak~~ to ~ave _oilgin~ted in a foreign country or Australia 
only if the ~ineis made within the territory of that country or of 
30 Austr~lia, as t~e case may be; and . 
(b) a wine' is "taken, to'have originated'in a particular regit;n or locality of 
a foi-dgn cou~try or of Australia only if the wine is made from grapes 
grown in"'!that regi(ln or locality.n.· . 
1'"":, ..•• ~.: 1;· !.::\i: [~; .:t: .. ~~ .. ~ .. ;·,~',"'I .' ." :. 
Powers of Corporation. " 
35 7. Section H of the Principal Act" is amended: 
(a) by inse'iling beforc·paragraph· (2)(a) the following paragraphs: 
: .': ...... ·l aa) i t() dt...1·crmine any conditions that are to be applicable to 
registered .geographical indications in relation to wines 
manufactured in Australia 'or an agreement country; and IP/~/l/j\{]S/(J/l 
Page 73 
Australian Wzne and Brandy Corporation 
Amendment No.· 93, 1993 
(ab) to determine any conditions that are to be applicable to 
registered traditional expressions in: relation to wines 
manufactured in Australia or an agreement country; and 
(ac) to determine any conditions that are to be applicable to 
registered anciltary protected'expres'sions Ul re'tation to wmes 5 
manufactured in AuStralia or an agreement country; arid 
(ad) to determine any" g~ographical indicationS ',or 'traditional 
expressions that are t9 be registe~ed 'm r~lation ,to a for~ign 
country that is not an agreement country and to determine any 
conditions that are to ,be applicable to ,those indications or 10 
expressions; and ' 
(ae) to determine the varieties of grapes from which wine may be 
manufactured in Australia.and to determine any conditions 
that are to be applicable to the description and presentation of 
wine manufactured from grapes of those varieties; and"; 15 
(b) by adding "and" at the end of paragraphs (2)(a), (b), (c), (d), 
(e) and (t); 
(c) by inserting after subsection (2) the' following subsections: 
"(2A) A determination under paragraph (2)(aa), (ab), (ac), (ad) 
or (ae) is to be in writing under the Corporation's common seal. 20 
"(2B) When the CorPoration makes a detenriination referred to 
in subsection (2A), the Chairperson must cause a notice stating that 
the determination has been'made and setting out the terms of the 
determination to be published in any manner that the Corporation 
thinks appropriate. ' . 25 
"(2C) The notice must include a statement to the effect that: 
(a) subject to the Administrative Appeals .T.ri/;Junal Act 1975, 
application may be made, by or on behalf of any person whose 
interests are affected . by the determination, to the 
Administrative" App'ealS'. Tribunal for' . review of the 30 
determination; and . . " ,. . . . I, - . 
(b) unless subsection 28(4) of that 'Act applies, application may be 
made in accordance with section 28 of that Act by or on behalf 
of the person for a statement in writing setting out t~e findings 
on material questions of fact, referring to the evidence- or other 35 
material on which those findings were based and giving ~e 
reasons for the determination. 
"(2D) Any failure to comply with subsection (2C) in relation to 
a determination does not.affect. the.. valldity:of the detem.Unation .. : 
"(2E) Application may be'.made to.the Administrative Appeals 40 
Tribunal for review of a determination ... IP/~/l/j\lJS/(J/l 
Page 74 
5 .' 
10 
15 
20 
25 
30 
35 
40 Australian Wine and Brandy Corporation 
Amendment No. 93, 1993 
"(2F) Section 29 of the Administrative Appeal. .... , Tribunal Act 
1975 ha~ effect in relation ·to an application for review of a 
determination as if the following subsections were inserted after 
subsection, (~.): 
", '(lA): Despit~-p~ragraph_(l )(d) and subsection (2), an application 
to the Tribunal for review of a determination made under paragraph 
8(2)(aa)~ (aD), "(ac),(ad) or (a e) of the Australian Wine and Brandy 
Corporation Act 1980 must be made within 28 days after notice" of 
the determination is published in accordance with subsection 8(2B) 
of that Act. ' . r! ' 
.-'(lB) Despite subsection (8), an application under subsection (7) 
in respec't of, a determination under paragraph 8(2)( aa), (ab), (ac), 
(ad) or (ae) of the Australian Wine and Brandy Corporation Act 1980 
must be made befo~e, t~,e ti~e fixed by subsection ( 1 A) ends. '. 
"(2G). The Chaiq>e,~son must give a copy of the determination to 
the Registrar so that particui'ars of the determination can be induded 
in the R~gister: : 
(~) if"an 'appli~~tion' 'is duly made to the Administrative Appeals 
Tribunal for review of the determination-as soon as 
practi~ble tifter the de~ision of the Tribunal on the review is 
g~ven;, or I' 
• r;-. ~ vI"". . _J.... • -
(b) otherwise-as soon as practicable after the 28th day after 
,'" ):~~.tice qf the determination is published in accordance with 
.'\:: ~~?-~e~~ti~n '(2:B).~ .. ' ' . " ... , 
"(2~r: TIi~~' ~etelminaiion 'takes effect on the day on which 
p~rti<;:ul~"~ ~f th.~, ~~~erIJ:lin,atio~ :are included in the Register.'''. 
Deputy Chairperson 
8. Section 15 Qf the Principal Act is amended by inserting in subsection 
(2) "of the Selection' Committee" after "Presiding Member". 
Insertion of new section 
9. The following section is inserted in Part IVA of the Principal Act 
before section. 29A~ 
.' .. ~', ,.. . 
Interpretation,"~, .: '" 
"29AA.' In this Part: :, 
'Commjttee~. ~.c;~n~ iheAu~tr~lian Wine and Brandy Corporation Selection 
Committee; -, ,. , . 
'Presiding Member' me~ns the.Presiding Member of the Committee." . 
.. -. '" . ' .... 
Heading 
'1 10~ The:headirig .to ·section:.29P .of the Principal Act is amended by 
omitting "Detennination" and.substituting "Termination". ' IP/~/l/j\lJS/Ci/l 
Page 75 
Australian 'Wine and Brandy Corporation 
Amendment No. 93, 1993 . 
Directions to Corporation and Geographical Indications Committee 
11. Section 31 K of the Principal Act is amended by adding at the end the 
following subsections: 
"(6) This section applies in relation to the Geographical Indications 
Committee in the same way as it applies iri·-relation to the C,?rporation. 5 
• ... . .,.,.~ •• ! • I .; • , .' 0' 
"(7) For the purposes of this section as it so applie~ in relati<:>n ,to the 
Geographical Indications Committee: '_ -'.' " , ,_,' ' 
(a) references (other than the reference in paragraph (5)(c» to the 
Corporation are taken to be references to that Commit~ee; a~d 
(b) the reference in subsection (3) to the Chairperson is taken to be a 10 
reference to the Presiding Member C?f that ~ommittee.". ' 
Application of money of Corporation 
12. Section 35 of the Principal Act is amended: 
(a) by inserting in paragraph (cia) "SeIeCtio~" before. '~'Committee" 
(wherever occurring); -_. ... _:,' '. - 15 
(b) by inserting in paragraph (aa) "of the Selection--Co~mittee" after 
"Presiding Member". . . 
Application of Division 2 of Part XI of the Audit Act 
13. Section 38 of the Principal Act is amended by adding at the end the 
following subsection: . 20 
"(4) The report prepared by tfie-Corporation ~f its operations during a 
year must include a report of the operations of the Geographical Indications 
Committee during the year and-must set out alf final determinations of 
geographical indications made by the Committee during the year.". 
Interpretation 2S 
14. Section 39C of the Pri~cipal Act is ':lmended by omitting the 
definition of "region of origin'~ 
Insertion of new section 
15.(1) After section 39E of the Principal Act the following section is 
inserted in Division 1 of Part VIA: 30 
Time for bringing prosecutions 
"39EA. Despite section 15B of the Crimes Act 1914, a prosecution for 
an offence against section 39ZAAA may be brought at any time within 
7 years after the requirement to make the rel~vant record arose.". 
(2) Section 39EA of the Principal-Act as; amended by, this Act-applies 35 
only in relation to requirements to: make' records that arise-after-the 
commencement of this section. IP/N/V AUS/G/l 
Page 76 
Australian Wzne and Brandy Corporation 
Amendment No. 93, 1993 
Repeal of section and substitution of new section 
16. Section 39S of the Principal Act is repealed and the following section 
is substituted: 
Making of records .. : 
5 "39S.(I)A . requirement of this Division to make a record is a 
requirement to make the record not later than 3 months after the happening 
of the event, cir~st~ce or state of aff~irs required to be recorded. 
"(2) lA reference in this Part to the time when a requirement to make a 
record arose is a reference to the end of the period of 3 months that, under 
10 subsection (1); is applicable to the ~~quirem~nt.". 
15 
20 
25 
30 
35 Insertion of new Part 
17. The following Part is inserted in the Principal Act after Part VIA: 
. . . 
"PART VIB-PROTECTION OF CERTAIN NAMES AND 
, , EXPRESSIONS 
"Division I-Preliminary 
Interpretation 
" 40. In this ,Part:. 
'Committee' means the Geographical Indications Committee. 
Object of Part . . .. , 
"40A The object of this Part is to regulate the sale, export and import 
of wine: ' 
(a) for the purpose of enabling Australia to fulfil its obligations under 
prescrib~d wine-trading agreements; and 
(b) for certain other purposes for which the Parliament has power to 
make laws·" . ". '. :. 
and this Part is to be interpreted and administered accordingly. 
Additional operatio~ o~ Part· . . 
"4OB.(1) Without prejudiCe to its effect apart from this subsection, this 
Part also has the effect that it would have if any reference to a person were 
a refere~~ to a. ~~w.oration. . . 
.: "(2) Without prejudice: to its effect apart from this subsection, this Part 
also has the effect that it would have if any reference to trade or commerce 
were, by exptessprovisio~ confined to trade or commerce: 
, (a) between AUstralia·'and places outside Australia; or 
(b) among the States; or IP/N/lI AUS/G/l 
Page 77 
Australian Wine and Brandy Corporation 
Amendment No. 93, 1993 
(c) within a Territory; or 
(d) between a State and a Territory; or 
(e) between 2 Territories. 
"Division 2-Provisions' relating to sale, export or import of wine 
Sale, export or import of wine wi'th a false description and 5 
presentation : , .' 
u 40C.( 1) A person must not, in trade or commerce, knowingly sell wine 
with a false description and presentation~ . .' . . 
H (2) A person must not, in trade or commerce, knowingly export wine 
with a false description and presentation. . -" 10 
"(3) A person must not, in trade or commerce, knowingly import wine 
with a false description and presentation. 
"( 4) It is not a defence to a prosecution for an offence against subsection 
( 1), (2) or (3) that the description and presentation'indIcated the country, 
region or locality, as the case may be, in which the wine originated. 15 
Penalty: Imprisonment for 2 years. 
Note: SuoS(!clion 4B(2)uflhe Crime ... " A Cl 1914 allows a court to impose an appropriate fine instead of. 
or in addition Ill. a term of imprisonment. If. as is the case for an offence against section 4OC. the 
maximum lermofimprisonment is 2 years. the maximum fine that may be imposed is 120penalty 
units:The current value of a penalty unit is fixed by section 4AA of that Act. If a'body corporate 20 
is <''l.)flvictcd uf the:: offence. subsection 48(3) of that Act aUows a court to impose a fine of an 
amuunt that is not gre::ater than 5 times the maximum fine that could be imposed by the court ~n 
an individual convicted of the same offence. ' 
Meaning of "false description and presentation" 
H40D.( 1) This section has effect for, the purposes .. of se~tion 40C. 25 
"(2) Subject to this section, the description and'presentation of wine is 
false if: 
(a) it includes the name of a country, or any other indication that the wine 
originated in a particular country, and the wine'did not originate in 
that country; or 30 
(b) it includes a registered geographical indication and the'wine did not 
originate in a country, region or locality in relation to which the 
geographical indication is registered; or ". ". 
(c) it includes a registered traditional expression and the wine' did not 
originate in a country, region or locality in relation to which the 35 
expression is registered; or 
(d) it includes a registered ancillary protected'expression'and the wine 
did not originate in a country, region or locality in relation to which 
the expression is registered. IP/N/lIAUS/G/l 
Page 78 
Australian ,Wine and Brandy Corporation 
Amendment No. 93, 1993 
"(3) Subsection (2) does not limit what, apart from that subsection, is a 
false description and presentation of wine. 
"(4) For the purposes of subsection (2), a registered geographical 
indication, a registered traditional expression or a registered ancillary 
5 protected expression is taken to be included in the description and 
presentation of win~ even if the indication or expression is accompanied by 
another word or 'expression such as 'kind', 'type', 'style', 'imitation' or 
'method'; or any similar word or expression. 
"(5) If: 
10 (a) the description and presentation of wine includes a word or 
expression that is a registered geographical indication, a registered 
traditional expression, or a registered ancillary protected expression, 
in relation to a country, region or locality; and 
(b) the wine originated in that country, region or locality; and 
15 (c) the description and presentation indicates that the wine originated in 
that country, region or locality;' 
the descrIption' ~nd presentation is not false merely because the word or 
expression included in the description and presentation is also a registered 
geographical indication, a registered traditional expression, or a registered 
20 ancillary protected expression, in relation to another country, region or 
locality.. . 
"(6) The description and presentation of wine is not false merely 
because it includes.: 
(a) th~-name' of 'an individuafwho' manufactured, sold, exported or 
25 imported the wine; or 
(b) if a~ i~dividual. ~ho' manufa~tured, sold, exported or impurted the 
wine lawfully carries on business under the name uf another 
inqividual ,?,~o previously carried on the business-the name of that 
other individual; or, " 
30 (c) the address of the winery at which the wine was manufactured. 
Sale, export or import of wine with'a misleading description and 
presentat~on, "... -" ' 
"40E.(1) A person must not, in trade or commerce, knowingly sell wine 
with a misleading description and presentation. 
, ; .' ~ . ~.. . ~ : ... :.-: .... : !;. . . . . . . \ : .. 
35 "(2) A person must not, in trade or commerce, knowingly expurt wine 
with a m~sleadingdescription and pr,esentation. 
"(3) A person must not, in trade or commerce, knowingly import wine 
with a misleading description and presentation. 
Penalty: Imprisonment-for 2 years.' Australian Wine and Brandy Corporation 
Amendment No. 93, 1993 IPINIl! AUS/G/l 
Page 79 
Note: Subseaion 4B(2) of tbe Crimes Act 1914 allows a court to impose an appropriate fine instead of, 
or in addition to. a term of imprisonment. If, as is the case for an offence against section 4OE. the 
maximum term of imprisonment is 2 years, the maximum fine that may be imposed is 120 penal ty 
units. The current yalue of a penalty unit is fixed by section 4AA of that Act. If a body corporate 
is convicted of the offence, subsection 48(3) of that Act allows a court to impose a fine of an 5 
amount that is not greater than 5 times the maximum fine that could be imposed by the court on 
an individual convicted of the same offence. . 
Meaning of "misleading description and presentation" 
"40F.(I) This section has effect for the p~oses of section 4OE. 
"(2) Subject to subsection (7), the description and presentation of wine 10 
is misleading if: 
(a) it includes a registered geographical indication~ a registered 
traditional expression or a re~stered ancillary protected expression; md . .. 
(b) the indication or expression is used in su~h a way in the description 15 
md presentation as to be likely to mislead as to the country, region 
or locality in which the wine originated. 
"(3) Subject to subsection (7), the description and presentation of wine 
is misleading if: .. 
(a) it includes a translation of a registered geographical indication, of a 20 
registered traditional expression or of a registered ancillary protected 
expression; and ... . 
(b) the inclusion of the translation is likely to mislead as to the country, 
region or locality in which the wine originated. 
"(4) Subject to subsection (7), the description and presentation of wine 25 
is misleading if: 
(a) it includes a word or expression that so··resembles a -registered 
geographical indication, a registered· traditional expression or a 
registered ancillary protected expression as to be likely to be 
mistaken for the registered geographical indication, the registered 30 
traditional expression or the registered· ancillary protected 
expression, as the case may be; and 
(b) the wine did not originate in the country, region or locality in relation 
to which the indication or expression is registered. '. 
"(5) The description and presentation of wine is misleadillg if: 35 
(a) it includes: 
(i) the name of an individual who manufactured, sold; exported 
or imported the wine; or 
(ii) if an individual who·manufactured, sold, exported or imported 
the wine lawfully carried;. on' business; under:; the name: of 40 
another individual who; previously carried on the 
business-the name of that other individual; or· IP/N/l! AUS/G/I 
Page 80 
Australian Wine and Brandy Corporation 
Amendment. No. 93, 1993 
(iii) the name or address of the winery at which the wine was 
manufactured; and 
(b) the name or address, as the case may be, is used in such a way in the 
description :and presentation as to be likely to mislead as to the 
5 country, region or locality in which the wine originated. 
"(6) Subsections (2), (3), (4) and (5) do not limit what, apart from those 
subsections, is a misleading description and presentation of wine. 
"(7) If: 
(a) the description and presentation of wine includes a word or 
10 expression that: . . " . 
(i) is a registered geographical indication, a registered traditional 
expression, or a registered ancillary protected expression, in 
~~lati0t.t to ~ co~ntry~ region or locality; or 
(ii) is a translation of an indication or expression referred to in 
15 subparagraph (i); or 
(iii) resembles" ;~.;" ;i~dication or expression referred to in 
" subparagraph (i); and 
(b) the wine orlgln·ated fn that country, region or locality; and 
(c) the descript~on and presentation indicates that the wine originated in 
20" that countrY, region or locality; 
the description and.· presentation is not misleading merely because the 
indication or expr'cSsion· referred to in subparagraph (a)(i) is also registered 
in relation to another Country, region or locality. 
~ -. -~.~~ ... : t. 
Sale, export or import of wine in contravention of certain registered 
25 conditions " 
"4OG.(1) If "any: registerecfconditions are applicable to a registered 
geographical indication, a registered traditional expression or a registered 
ancillary protected expression, a person must not, in trade or commerce. sell, 
export or import wine with a description and presentation that includes that 
30 geographical,; indication,_ .traditional expression or ancillary protected 
expression and does not comply with those conditions if the person knows: 
(a) that the win~ is.sold, exported or imported with that description and 
presentatio~; and; ·,i . 
(b) that the .description and presentation does not comply with those 
35 conditions.· 
"(2) If a variety or ·varieties of grapes are included in the Register, a 
person must not, in trade ,or commerce, sell or export wine manufactured in 
Australia if the person·knows that the wine is not manufactured exclusively 
from grapes of that:variety or ·one ormore of those varieties. AWilralian Wine and Brandy Corporation 
Amendment No .. , 93, J 993 
04(3) If: 
(a) a variety of grapes is included in the Registcr, and IPINIl! AUS/G/l 
Page 81 
(b) any registered conditions are applicable to "the description and 
presentation of wine manufactured from, or from grapes that include, 
that variety of grapes; 5 
a person must not, in trade or" commercc, sell <Jr export wine that is 
manufactured in Australia from, or from grapes that include, that variety of 
grapes and the description and presentation of which does not comply with 
those conditions if the person knows: 
(c) that the wine is manufactured in Australia from, ()T from grapes'that 10 
include, that variety of grapes; and 
(d) that the wine is sold or e~ported' z,.,ith that description and 
presentation; and 
(c) that the description and presentation does not comply with those 
conditions. 15 
"( 4) For the purposes of establishing a co"ritravcntion ()f subsection (I), 
(2) or (3), if, having regard to: " " 
(a) a person \ abilities, experience, qualifica"tions and .()ther attributes; 
and 
(b) aIJ the circumstances surrounding the aiJ~gcd lcontravention of that 20 
subsection; " 
the person ought reasonably to have knowna particular matter referred to in 
that subsection, the person is taken to ha~~ known tha"t m'at.ter. 
Penalty: Imprisonment for I year. 
Nute: SUOsccl ion 4 B(2) of. he Crime.\' A cl 1 C) 14 allows a court h) iinjxJSc an" appropriate fine instead of. 25 
or in addition 10, Cl term (If imprisonment I f. as is the case for an uffence against sc1.1iun 4fKi. the 
maximum h.:rm of imprisonment is I year. the maximum fine that may he imposed is flU penalty 
units. The current value of a penalty unit is fixed hy section 4AA urthat Acl. I r a houy corporate 
is convicted oj" the offence. suhsection 4B(3) of that Act allows a cuurt.to imposc Cl fine of an 
amount Ihat i!\ not greater than 5 times the maximum fine that cuuld he impuscU hy the cuurt on 30 
;ID individual convicteJ of the same.orfence." , 
Blending requirements, oenological practices arid processes and 
compositional or other requirements " 
u 40H.( ) If the regulations make provision- for or in relation to blending 
requirements applicable to the manufacture of winc, a person must not, in 35 
trade or commerce, seJi, export or import winc to whiCh those blcnding 
requirements are applicable if thc" pcrson knows that the wine was not 
manufactured in accordance with those reql:1iremcnts. 
'''(2)" If the regulations make. provision: for;oniItrelation" to":oenoiogicaI 
practices or processes, or compositional or otherr.cquircments, applicable to 4() 
the manufacture of wine in Australia" a,pen;on. musL not, " in "tradc" or IPINIl! AUS/G/l 
Page 82 
Australian 'Wine and Brandy Corporation 
Amendment No. 93, 1993 
commerce, knowingly export wine to which those practices or processes, or 
those compositional or other requirements, are applicable if the person 
knows that the wine was not manufactured in accordance with those practices 
or processes, or those compositional or other requirements, as the case may 
5 be. 
10 
15 
20 
25 
30 
35 
40 "(3) For the purposes of establishing a contravention of subsection (1) 
or (2), if, having regard to: 
(a) a person's abilities, experience, qualifications and other attributes; 
and 
(b) all the circumstances surrounding the alleged contravention of that 
subsection; 
the person ought reasonably to have known a particular matter referred to in 
that subsection, the person is taken to have known that matter. 
Penalty: Imprisonment for 2 years. . 
Note: Subsection 4B(2) of the Crim'esA et 19i4 allows a court to impose an·appropriate fine instead of. 
or in addition to, a term of imprisonment. If, as is the case for an offence against section 4OH, the 
maximum term of imprisonment is 2 years, the maximum fine that may be imposed is 120 penalty 
units. The current value of a penalty unit is' fixed by section 4AA of that Act. If a body corporate 
is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an 
amount that is not greater than 5 times the maximum fine that could be imposed by the court on 
an individual convicted of the same offence. 
. . .: ....... -.... , 
Exception for certain wines 
"401.(1) Iii this section: . 
'small qu~ti.~~', in r~~a~o~ t~ ~es, means quantities declared by the 
regulations to. b~ sm~ q~~tities of wines for the purposes of this section; 
'the offence provisions' means ·subsections 40C( 1), (2) and (3), section 40E 
and subsections 4OG(1), (2) and (3) and 40H(I) and (2). 
. ~'(2) The: : offe~~ ~ provi~ions . do not apply in relation to wines 
manufactured before the commencement of this Part . 
. ;'" . ! ' 0' 
"(3) The offence provisions do not apply in relation to wines that are in 
transit through Austr~a. 
"(4) The offence proviSiOns do not apply in relation to wines that: 
(a) originate in Australia or. an agreement country; and 
(b) are consigned in small quantities between Australia and an 
agreement country under the conditions, and in accordance with the 
procedures, prescribed by the regulations. 
"(5) The regtilations~niay exempt wines referred to in the regulations 
from the operation of anyone or more of the offence provisions, either 
generally or for such periods, in such circumstances, and subject to such 
conditions, as are set out in.the regulations. Australian Wine aruJ Brandy Corporation 
Amendment· . No. 93 • .1 993 IP/N/l! AUS/G/l 
Page 83 
Prosecution of offences 
U4()K.( I) To avoid doubt., it is deClared that any of the following may 
institute a proceeding for an offence against section 40C., 40E, 40G or 4{)H: 
(a) the Corporation; . 
(b) a person engaged in the manufacture of wine or the growing of wine 5 
grapes in Australia or in an agreement country; . 
(c) an organisation established under the law of Australia or of an 
agreement country whose objects or purposes include any of the 
following: 
(i) the promotion of the manufacture of wine , the growing of wine I () 
grapes or the marketing of wine; 
(ii) the promotion or protection of the interests of persons engaged 
in the manufacture of wine, the growing of wine grapes or the 
marketing of wine; 
(iii) the promotion or protection of the inte~~~ts of cons~meTs of 15 
wane. 
"(2) This section does not lirriit the oper<ltion ofsecti()n 13 of the Crimes 
Act 1914. . 
Injunctions 
H40L.(]) If a person has engaged, is engaging 9T proposes to engage in 20 
any conduct in contravention of this Division, the Federal Court of Australia 
may grant an injunction: 
(a) restraining the person from engaging in the-conduct; and 
(b) if the Court thinks it desirabl6 to do s~rcquirjng· ihe pe..sdn to do 
a particular act.· 2.«) 
44(2) An application for an injunction may be made by, or on behalf of, 
an interested person. 
H(3) The following are interested persons for the purposes of subsection 
(2): 
(a) the Corporation; 30 
(b) a declared wine makers ·organisation; 
(c) a declared wine grape growers organisation; 
(d) a person who is a manufacturer of wine, Of a grower of wine grapes, 
in Australia or an agreement country; 
(e) an organisation . established' under the law of Australia· or of an 35 
agreement country whose objects· or purposes include any of the 
following:. . 
(i) the promotion of the manufacture (~fwine, the gr6wing.ofwlnc 
grapes or the marketing of wine; IP/N/lI AUS/G/l 
Page 84 
AlIslrllliull Wille' (1111/ Urllluiy ('orportllioll 
AW('lll/menl No. c)3, /c)93 
(ii) the promotion Of protect ion of the interests of persons engaged 
in the manufacture of wine~ the growing of wine grapes or the 
marketing of wine; 
(iii) the prumotion or prutection of the interests of conSlllllers of 
5 wl·ne. 
H(4) The Court may grant an interim injunction pending a dclerminatinn 
of an application for an injunction. 
«(5) The Court may discharge Of vary an injunction granteollnder this 
section. 
10 U(6) The power of the Court to grant an injunction reslraining a persoll 
from engaging in conduct may he exercised: 
(a) whether or not it appears to the Court that the person intends to 
engage again, or to continue to engage, in contiuct of rhal kind~ ano 
(b) whether or not" the person has previously engaged in conullct of Ih;11 
J5 kind. 
U(7) The powers conferred on the Federal Court of Australia hy Ihis 
section are in additiun to, and not in derogation of. any other powers of Ihe 
Court. 
Application of national food standards to wines imported from 
20 agreement countries· " 
"40M.( I) A national food standard applying to wine ha~ effed in relation 
to wine that originated in an agreement country a~ if any requiremenl in the 
standard to comply with particular oenol(;gical pracl ices or processes. or 
compositional or other requirements, in rciation 10 wine were replaced hy a 
25 requirement to comply with: 
(a) subject to paragraph (h), theoeno}ogiCal practices anti processcs. and 
the compositional and other requiremcnls~ ~ct out in the prescrihed 
wine-trading agreement to which Australi:. anti Ihal country arc 
parties; or 
30 (h) if that agreement has heen amended so as 10 modify any of 
those practices or processes ur compositional or other requirelllcnts 
-those practices Of pr()cesses~ or composit ion.d Of other 
requirements, as so modified from time to time. 
"(2) The Minister may suspend the operation of thi~ section in rclat ion 
35 l(}wineofa'particularkiriuoroescription if the Minister iS~iltisfied thallhcre 
are reasonable grounds for helieving that continllcu compliance with <In 
ocnoiogicai practice or process, Of a compositional or other requirement. that 
was used in the manufacture of .the wine would cntlanger human health. 
"(3) A suspension under subsection' (2): IP/N/l/ ADS/GIl 
Page 85 
Australian Wine and Brandy Corporation 
Amendment No.· 93, .1993 
(a) must be by written notice signed by the Minister and published in the 
Gazette; and 
(b) takes effect on a day stated in the notice that is not earlier than the day 
following the date of publication; and 
(c) remains in force, unless sooner revoked, for one year. 5 
. . 
"Division 3-Establishment, function an~ powers of ~eographical 
Indications Committee .. , . 
Establishment of Committee 
"40N. A committee to be known as the Geographical Indications 
Committee is established. 10 
Function and powers of Committee 
"4OP.(1) The function of t1;le Committee is to .tpake detern1inations of 
geographical indications for wine in relation to regions' arid localities in 
Australia. 
"(2) The Committee has' power to do all things that are necessary or 15 
convenient to be done by, or in connection with, the performance of its 
function. 
"Division 4-Australian geographical indications 
Power of Committee to determiile geogi-aphi~ indications 
"400.(1) The Committee may, 'either on its ;oWn initiative or on an 20 
application made to it in accordance with seCtipn. 4OR, determine a 
geographical indication in relation to a region or locallty in Aus~a1i~. . 
"(2) A determination by the Committee is to be in writing signed by the 
Presiding Member of the Committee .. 
Applications for determinations 25 
"40R. Any of the following may apply in writing.to the Committee for 
the detennination of a geographical indication in relation to a region or 
locality in Australia: 
(a) a declared winemakers organiSation; 
(b) a declared wine grape growers organisation; 30 
(c) an organisation representing winemakers in a: State or Territory; 
(d) an organisation representing growers of wine grapes in a State or 
Territory; 
(e) a wine maker; 
(f) a grower of wine grapes. 35 lPlNllf AUSfGIl 
Page 86 
Australian· Wine and Brandy CorporaLion 
Amendment No. 93, /993 
Consultation by the Committee . 
4~40S. In determining a geographical indication, the Committee: 
(a) must consult any declared winemakers organisation and any declared 
wine grape growers organisation; and 
5 . (b) may consult any .other organisations or persons it thinks appropriate. 
Making of. detenninat~ons· .. 
"40T.(1) In determining a geographical indication, the Committee must: 
(a) identify in the determination the boundaries of the area or areas in the 
region or locality to which the determination relates; and 
10 (b) determine the word or expression to be used to indicate that area or 
15 
20 
25 
30 those areas. 
"(2) If the regulations prescribe criteria for use by the Committee in 
determining a geographical indication, the Committee is to have regard to 
those criteria. 
"(3) When making a determination as a result of an application~ the 
Committee may do either or' both of the following: 
(a) determine an area or areas having boundaries different from those 
stat.ed in th~ application; 
(b) determine a word or expression to be used to indicatl! the area or areas 
constituting the geographical indication that is different from a word 
or expression ·proposed in the application. 
Interim determination . 
"4()U.( 1) lA. determination by the Committcl! IS to be an interim 
determination tn the firSt instan·ce . .... ".'. .' . 
. "(2) An interim determination does not have effect as a determination of 
a geographical indication~ 
Publication of notice of interim determination 
"4()V.( I) The Presidirig Me~'ber of the Committee must cause a notice 
stating that the inter:in;t determination has been made and setting out the terms 
of the dete'rmination to be published in any manner that the Committee thinks 
appropriate. 
"(2) The notice must invite persons to make written submissions to the 
Committee in relation to the determination within a period of not les." than 
one month that is stated in the notice. 
35 Final determination. 
"40W .. Aft~r . considering any submissions made to it1 the Committee 
may make a final determination. IP/N/l! AUS/G/l 
Page 87 
Australian Wine and Brandy Corporation 
Amendment No. 93, 1993 
Publication of notice of tinal determination 
"40X.(l) The Presiding Membermust cause a notice stating that a final 
determination has been made and setting out. the terms of the determination 
to be published in any manner that the Committee thinks appropriate. 
"(2) The notice must include a statement to the effect that: 
(a) subject to the AdministrativeAppeals Tribu1JllIAct 1975,.applicati~n 
may be made, by or on behalf of any'person whose interests are 
affected by the determination, to the Administrative Appeals 
Tribunal for review of the determination; and 5 
(b) unless subsection 28(4) of that Act applies, application may be made 10 
in accordance with section 28 of that Act by or on behalf of that 
person for a statement in writing setting out the findings on material 
questions of fact, referring to the evidence or other material on which 
those findings were based and. giving the reasons for the 
determination. 15 
"(3) Any failure to comply with subsection (2) in relation to a 
determination does not affect the validity of the determination. 
Review of final detennination 
"40Y.(1) Application may be made to the Administrative Appeals 
Tribunal for review of a final determination. 20 
"(2) Section 29 of the Administrative Appeals Tribunal Act 1975 has 
effect in relation to an application for review of a fmal determination as if 
the following subsections were inserted after subsection (1): 
'(lA) Despite paragraph (l)(d) and subsection (2), an application to the 
Tribunal for review of a final determination under Part VIB of the A ustralian 25 
Wine and Brandy Corporation Act 1.980 must be made within 28 days after 
notice of the determination is published in accordance with section 40X of 
that Act. 
'(lB) Despite subsection (8), an application under subsection (7) in 
respect of a final determination under Part VIB of the Australian Wine and 30 
Brandy Corporation Act 1980 must be made "before the time 'fixed by 
subsection (lA) ends.'. 
Date of effect of final determination 
"40Z.(I) The Presiding Member must give a copy of the final 
determination to the Registrar so that particulars of the determination can be 35 
included in the Register: 
(a) if an application is duly made to the Administrative-Appeals Tribunal 
for review of the determination-as soon! as practicable after the 
decision of the Tribunal on the review is given;' or IP/N/lI AUS/G/l 
Page 88 
Australian 'Wine and Brandy Corporation 
Amendment No. 93, 1993 
(b) otherwise-as soon as practicable after the 28th day after notice of 
the detennination is published in accordance with section 40X. 
"(2) When the Presiding Member gives a copy of a final determination 
to the Registrar, the Presiding Member must also give a copy to the 
5 Chairperson of the Corporation. 
"(3) A fmal determination of the Committee takes effect on the day on 
which particulars of the determination are included in the Register. 
"Division 5-Register of Protected Names 
Registrar 
10 "40ZA.(1) There is to be a Registrar of Protected Names. 
"(2) The Registrar is to be an employee of the Corporation. 
"(3) The Corporation must ensure that, at all times when the person 
appointed as Registrar is absent-from duty or from Australia or is, for any 
other reason, unable to perform the duties of the Registrar, another employee 
15 is appointed to act as Registrar. 
Functions of Registrar 
"40ZB. The Registrar has the following functions: 
( a) to keep the Register of Protected Names; 
(b) to enter particulars in the Register in accordance with section 40ZD; 
20 (c) to provide administrative assistance to the Committee; 
(d) in accordance with the directions of the Committee, to prepare and 
cause to he published maps or other documents showing the 
boundarie- of regions and localities in relation to which geographical 
indications have been determined by the Committee; 
25 (e) in accordance with the directions of the Committee, to notify 
authorities and organisations in foreign countries of the geographical 
indications and traditional expressions included in the Register in 
relation to wines manufactured in Australia. 
Register of Protected Names 
30 "40ZC.(1) The Registrar is to keep a register to be known as the Register 
of Protected Names~ 
"(2) The Register may be-kept wholly or partly by means of a computer. 
Contents of Register, 
"40ZD.(1) The Register is to be divided into the following parts: 
35 (a) a part containing geographical indications in relation to wines 
manufactured in Australia and the conditions (if any) applicable to 
those indications; IPINIII ADS/G/I 
Page 89 
Australian Wine and Brandy Corporation 
Amendment No. 93, 1993 
(b) a part containing traditional expressions in relation to wines 
manufactured in Australia and the conditions (if any) applicable to 
those expressions; 
(c) a part containing geographical indications in relation to wines 
manufactured in an agreement country and the conditions (if any) 5 
applicable to those indications; . 
(d) a part containing traditional expressions. in relation to wines 
manufactured in an agreement country and1ihe conditions (if any) 
applicable to those expressions; 
(e) a part containing words or expressions, other than geographical 10 
indications or traditional expressions, in relation to wines 
manufactured in an agreement country and the 'conditions (if any) 
applicable to those words or expressions; 
(f) a part containing the names of varieties of grapes for use in the 
manufacture of wines in Australia and the. cqnditions (if any) 15 
applicable to the description and presentation of wines manufactured 
in Australia from grapes of those varieties; 
(g) a part containing geographical indications in relation to wines 
manufactured in foreign countries that are not agreement countries 
and the conditions (if any) applicable to those indications; 20 
(h) a part containing traditional expressions in' relation to wines 
manufactured in foreign countries that are not agreement countries 
and the conditions (if any) applicable to those traditional expressions. 
"(2) The Registrar is to enter in the appropriate part of the Register, in 
accordance with the directions of the Corporation, the following particulars: 25 
(a) in relation to Australia-the following geographical indications: 
(i) Australia; 
(ii) Australian; 
(iii) the name of each State and internal Territory; 
(iv) each geographical indication determined by the Committee 30 
under Division 4; 
and the conditions (if any) applicable to those indications; 
(b) in relation to Australia--each word or expression that, under a 
prescribed wine-trading agreement, is a traditional expression in 
relation to wines manufactured in Australia and the conditi9ns (if 35 
any) applicable to those traditional expressions; 
(c) in relation to an agreement country--each geographical indication 
that, under a prescribed wine-trading agreement to which that 
country is a party, is a geographical indication in relation, to wines 
manufactured in that country and the conditions (if any) applicable 40 
to those indications; IPINIl! AUS/G/l 
Page 90 
Australian Wine and Brandy Corporation 
Amendment No. 93, 1993 
(d) in relation to an agreement country--each word or expression that, 
under a prescribed wine-trading agreement to which that country is 
a party, is a traditional expression in relation to wines manufactured 
in that country and the conditions (if any) applicable to those 
5 traditional expressions; 
(e) in relation to an agreement country--each word or expression (other 
than a word or expression.to which paragraph (c) or (d) applies) that, 
under a prescribed wine-trading agreement to which that country is 
a party, is required to be protected in relation to wines manufactured 
10 in that country and the conditions (if any) applicable to those words 
or expressions; . . 
(f) particulars of varieties of grapes that may be used in the manufacture 
of wine in Australia and the conditions (if any) applicable to the 
description and presentation of wines manufactured in Australia 
15 from grapes of those varieties; 
(g) in relation to a foreign country that is not an agreement 
country-geographical indications in relation to wines 
manufactured in that country and the conditions (if any) applicable 
to those indications; 
20 (h) in relation to a foreign country that is not an agreement 
country-traditional expressions in relation to wines manufactured 
in that country and the conditions (if any) applicable to those 
expressions. 
Inspection of Register 
25 "40ZE.(I) The Registrar must ensure that the Register is available for 
inspection at the office of the Registrar by any person during ordinary hours 
of business of that office. 
"(2) To the extent that the Register is kept by use of a computer, 
subsection (1) is complied with by giving members of the public access to 
30 a computer terminal that they can use to inspect the particulars constituting 
the Register, either on a screen or in the form of a computer print-out. 
"(3) The Registrar may supply a copy of the Register or part of the 
Register to a person on payment of the prescribed fee.". 
Remuneration and allowances of members of Corporation etc. 
35 18.(1) Section 40 of the Principal Act is renumbered as section 41A. 
(2) Section 40 of the Principal Act as renumbered by subsection (1) is 
amended by inserting after paragraph (l)(a) the following paragraph: 
"(b) a member of the Geographical Indications Committee established 
by section 40N; or". IP/N/l! AUS/GIl 
Page 91 
Australian Wine and Brandy Corporation 
Amendment No. 93, 1993 
Repeal of section 48 
19. Section 48 of the Principal Act is repealed. 
Additional amendments 
20. The Principal Act is amended as set out in the following table: 
ADDmONAL AMENDMENTS 5 
Provision amended Amendment 
Section 39A, section 39C (definitions of 
"different wines", "examinable document" 
and "label claim"), paragraphs 39F(c) and 
39W(c), section 39Y and the heading to that 
section, subsections 39Z(3) and (4) and 
paragraph 39ZJ(1)(c) Omit "region of origin" 
(wherever occurring), 
substitute "geographical 
indication" . 
Repeal of Schedule and substitution of new Schedule 
21. The Schedule to the Principal Act is repealed and the Schedule set 
out in the Schedule to this Act is substituted. IP/N/l/AUS/G/l 
Page 92 
Australian 'Wine and Brandy Corporation 
Amendment No. ,1993 
SCHEDULE 
SCHEDULE TO BE INSERTED IN PRINCIPAL ACf 
"SCHEDULE Section 21 
ADMINISTRATIVE PROVISIONS RELATING TO THE 
GEOGRAPHICAL INDICATIONS COMMITTEE 
Interpretation 
"1. In this Schedule: 
'Committee' means the Geographical Indications Committee; 
'member' means the Presiding Member or a nominated member of the 
Committee; 
'nominated member' means a member of the Committee referred to in 
paragraph 2(1)(b) or (c); 
'Presiding Member' means the Presiding Member of the Committee. 
Membership of Committee . 
"2.(1) The Committee is to consist of 3 members as follows: 
(a) a Presiding Member appointed by the Chairperson of the Corporation 
in accordance with .a resolution of the Corporation; 
(b) one member appointed by the Chairperson of the Corporation on the 
nomination of a declared winemakers organisation; 
(c) one member appointed by the Chairperson of the Corporation on the 
nomination of a declared wine grape growers organisation. 
"(2) The members of the Committee are to be appointed on a part-time 
basis. 
"(3) The appointment of a member of the Committee is not ineffective 
only because of. a defect or irregularity in, or in connection with, the 
member's nomination or appointment. 
"(4) The exercise of a power,.or the performance of a function, by the 
Committee is not ineffective only because there is one vacancy in the 
membership of the Committee. 
Acting Presiding Member 
"3.(1) The Chairperson of the Corporation may appoint a person to act 
as the Presiding ~ember: 
(a) during a vacancy in the office of Presiding Member (whether or not 
an appointment has previously been made to the office); or 
(b) during any period, <?r during all. periods, when the Presiding Member 
is absent from Australia or is, for a~y other reason, unable to perform 
the functions of the Presiding Member. Australian Wine and Brandy Corporation 
Amendment No. 93, 1.993 , 
SCHEDULE--continued IPINIl! AUS/G/l 
Page 93 
"(2) Nothing done by or in relation to a p.erson purporting to act under 
this section is ineffective on anyone or more of the following grounds: 
(a) the occasion for the person's appointment to act had not arisen; 
(b) there is a technical defect or irregularity in connection with the 
person's appointment; 
(c) the person's appointment had ceased to have effect; 
(d) the occasion for the person to act had not arisen or had ceased. 
Alternate members of the Committee 
"4.( 1) The Chairperson of the Corporation may appoint a person who is 
not a member of the Committee to be the alternate of a particular nominated 
member. 
"(2) If a nominated member is absent from a meeting of the (:ommittee, 
the member's alternate (if any) is entitled to attend the meeting and, w,hen 
so attending, is taken to be a member of the Committee. 
"(3) If a person ceases to hold office as a nommated member: 
(a) the person (if any) who'was the person's alternate immediately before 
he or she ceased to hold office is entitled toO-attend meetings of the 
Committee while the office is vacant and, when so attending, is taken 
to be a member of the Committee; and 
(b) the person is taken to be the alternate of a person appointed to the 
vacant office until a new appointment of an alternate is made. 
"(4) A person may only be appointed aSa nominated member's alternate 
if the person has been nominated in writing by the organisation by which the 
member was nominated for appointment. 
"(5) A person appointed as a member's alternate remains the member's 
alternate until the organisation that nominated the person gives the 
Chairperson of the Corporation a written nomination of a different person for 
appointment as the member's alternate. 
"(6) A person may resign an'appointment as alternate of a member of a 
Committee by giving a signed notice of resignation to the Chairperson of the 
Corporation. 
Term of office 
"'5.(1) The Presiding Member holds office for such-period" of not more 
than 3 years as is stated in the document of app~intment. 
-, . 
"(2) A member appointed on the. nomination of an organisation holds 
office until the organisation gives the Chairp~,rson' of the ~orporation' a 
written nomination of another person to be appointed in place of the member. JP/N/lIAUS/G/l 
Page 94 
Resignation Australian Wine and Brandy Corporation 
Amendment No. 93, 1993 
SCHEDULE-continued 
"6. A member may resign his or her appointment by giving a signed 
notice of resignation to the Chairperson of the Corporation. 
Termination of appointment 
"7.(1) The Corporation may terminate the appointment of a member of 
the Committee because of misbehaviour or physical or mental incapacity. 
"(2) If a member of the Committee: 
(a) becomes bankrupt, applies to take the benefit of any law for the relief 
of bankrupt or insolvent debtors, compounds with his or her creditors 
or makes an assignment of his or her remuneration for their benefit; 
or 
(b) fails w~t~out r~~0I!able ex~,~ ~~ c~mply with clause 9; or 
(c) is absent, without leave of absence under clause 8, from 3 consecutive 
meetings of the Committee; 
the Corporation must terminate the appointment of the member. 
Leave of absence 
"8.(1) The Chairperson of the CorPoration may grant the Presiding 
Member leave of absence from a meeting of a Committee. 
. "(2). The .Presiding Me~bei may grant leave of absence to another 
member of a Committee from a meeting of a Committee. 
Disclosure of inte~ by Committee members 
. "9.(1) A member of the Committee who has a direct or indirect financial 
interest in a matter being considered .or about to be considered by the 
Committee must, as soon as possible after the member has become aware of 
the relevant facts, disclose the nature of that interest at a meeting of the 
Committee. 
"(2) A disclosure under subsection (1) must be recorded in the minutes 
of a meeting of the Committee and the member must not, unless the 
Corporation or the Committee otherwise determines: 
(~) be pre~ent during;any ~eliberati9n of the Committee regarding that 
matter; or 
(b) take part in any qecision ,?f the Committee regarding that matter . 
. "(3) F~r:the purpo~e~ of ~e m~g of.a determination by the Committee 
under subsection (2) in relation to a member who has made a disclosure under 
subsection (1), the member must not: 
(a) be present duriilgany deliberation of the Committee for the purpose 
'of makiilg:a determiilation;or I\lIslra/illll Willc mul I1nllu(\' Corpora/ioll 
I\lIlcllIllIl(,1I1 " No. 93. /993 
S( ~II EI)U LE--{.~ont inued 
(h) rake part in the making of the determination. IPINll! AUS/G/l 
Page 95 
"(4) A memher of the C('lOlmitlcc who is a wincmaker or a grower of 
wine grapes is not taken 10 have' _,i' financial interest in 41 m41ttcr being 
(:ul1sidered. or ahout to he considered. by the Committee solely because the 
memher is a winenlaker or gruwer of wine grapes .. as the (:~lse may be. 
MeetinJ,:s 
"10.( I) Meetings of rhe Comnlittee are to he held at sllch times and 
plal'es as the Committee determines. 
"(2) A meeting of rhe Cllnlmitlee may be convened by the Presiding 
Memher. 
"(3) Two members constitute a quonlm at the meeting of the Committee. 
"(4) The presiuing Member is to preside at,all meetings of the Committee 
at which he or she is present. 
"(5) I r the Presiding Member is not present at a, meeting of the 
Cumnlillee. rhe nlenlhers of the Conlmittee who are present must elect one 
ut" thenl to preside at the meeting. 
"(6) Suhjel·t to suhse(:tion (7) .. a question arising at a meeting of the 
CUmt11 ittee is to he decided by a majority of the votes of the members of the 
ComnliUee. -' 
"( 7) I f only 2 menlhers arc present at a meeting of the 'Committee and 
thuse 1l1clnhers arc unahle to agree on a question~ the (IUestion is to be 
deferrcd until a nlecting at which 3 members are present. 
'·(X) The ComnliUee must keep minutes of its p~oceedings. 
"(9) The minutes must record each decision made by the Committee 4md 
the reasons for the decision. 
ShlfT and ,,"onsulhlnts 
-"11.( I) The Corporation must make staff available to provide 
administrative assistance for the Committee. 
"(2) The Presiding Member may. on behalf of the Corpo'ration. engage 
persuns with suitable qualifications and t;xpericnce as consultants to. the 
Comnlittee. 
"(3) The ternlS and conditions'ilf engagement ,of consultants arc to be 
thuse determined hy the Committee with"'the. approval. of the Corporation. lP/NIl! AUS/G/l 
Page 96 
Australian Wine and Brandy Corporation 
Amendment No. 93, 1993 
SCHEDULE-continued 
Information for inclusion in Corporation's annual report 
"12. As soon as practicable after the end of each financial year, the 
Committee must give to the Corporation any information relating to the 
Committee's operations during that year that the Corporation reasonably 
requires for the purpose of preparing a report in relation to that year under 
section 63H of the Audit Act 1901.". 
NOTE 
1. No. 161, 1980, as amended. For previous amendments. see No. 48. 1982; Nos. 72 
and 165, 1984; No. 65, 1985; No. 60, 1986; No. 51. 1988; No. 144. 1989~ No. 26. 
1991; and No. 137, 1992. 
[Minister ~ second reading speech made in-
House of Representatives on 29 September 1993 
Senate on 28 October 1993] 
Printed by Authority by the Commonwealth Government Printer ( 158/93)