OPC62839 - A  
 
Wine Australia  Regulations  2018 
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor -General  of the 
Commonwealth of Australia, acting with the advice of the Federal Executive Council, 
make the following regulations.  
Dated 15 March 2018  
Peter Cosgrove  
Governor -General  
By His Excellency’s Command  
Anne Ruston  
Assistant Minister for Agriculture and Water Resources  
Parliamentary Secretary to the Deputy Prime Minister and Minister for Agriculture and 
Water Resources  
 
 
 
 
   
   
   
 
 
 Wine Australia Regulations  2018  i 
OPC62839 - A Contents  
Part  1—Preliminary  1 
1 Name  ................................ ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ ................................ ..........  1 
3 Authority  ................................ ................................ ................................ .....................  1 
4 Definitions  ................................ ................................ ................................ ..................  1 
Part  2—Definitions for the purposes of the Act  3 
5 Grape product  ................................ ................................ ................................ .............  3 
6 Prescribed geographical indication  ................................ ................................ .............  3 
Part  3—Export controls  4 
Division  1—Export conditions and exemptions  4 
7 Conditions of export  ................................ ................................ ................................ ... 4 
8 Exemptions  ................................ ................................ ................................ .................  4 
Division  2—Export licences  6 
9 Grant of licence  ................................ ................................ ................................ ...........  6 
10 Fit and proper person test for grant of licence  ................................ .............................  6 
11 Period of licence  ................................ ................................ ................................ .........  7 
12 Authority may request information from licensee  ................................ .......................  7 
13 Suspension and cancellation of licence  ................................ ................................ ....... 7 
Division  3—Approved grape products  9 
14 Approval of grape product for export  ................................ ................................ .........  9 
15 Approval holder may authorise another licensee to export grape product  ................. 10 
16 Authority may request information about grape product  ................................ ........... 10 
17 Suspension and revocation of approval  ................................ ................................ ......10 
Division  4—Export certificates  12 
18 Application for export certificate  ................................ ................................ ............... 12 
19 Authority may request information about compliance with other laws  ...................... 12 
20 Issue of export certificate  ................................ ................................ ........................... 12 
21 Revocation of export certificate  ................................ ................................ ................. 13 
Division  5—Other matters  14 
22 Direction by  Authority on quantity of exports  ................................ ........................... 14 
23 Applications for review of decisions  ................................ ................................ .......... 14 
Part  4—Description and presentation of wine  15 
24 Wine originating in more than one country  ................................ ................................ 15 
25 Grape varieties  ................................ ................................ ................................ ........... 15 
26 Use of registered geographical indications  ................................ ................................ 15 
27 Vintages  ................................ ................................ ................................ ..................... 17 
Part  5—Exemption of wines from offences relating to description and 
presentation  19 
28 Small quantities  of wine  ................................ ................................ ............................. 19 
29 Geographical indication: Tokay  ................................ ................................ ................. 19 
30 Variety names that  are also geographical indications  ................................ ................ 20 
31 Marketing periods for use of geographical indications, registered traditional 
expressions and registered additional terms  ................................ ............................... 20 
32 Use of trade marks in description of wine  ................................ ................................ ..21  
 
ii Wine Australia Regulations  2018   
OPC62839 - A Part  6—Determination of Australian GIs  23 
Division  1—Modifications of the Act  23 
33 Modifications of Division  4 of Part  VIB of the Act  ................................ ................... 23 
Division  2—Consideration of objections to determination of Australian GIs  24 
34 Application of thi s Division  ................................ ................................ ....................... 24 
35 Parties to proceedings  ................................ ................................ ................................ 24 
36 Evidence in relation to ground of objection and recommendation  ............................. 24 
37 Evidence in answer  ................................ ................................ ................................ ....24 
38 New evidence  ................................ ................................ ................................ ............. 25 
39 Hearing and submissions  ................................ ................................ ........................... 25 
40 Parties must give co pies of evidence to each other and pay filing fee  ....................... 26 
41 Decision by Registrar of Trade Marks  ................................ ................................ .......26 
42 Fees ................................ ................................ ................................ ............................ 27 
43 Costs  ................................ ................................ ................................ .......................... 27 
Division  3—Decision that ground of objection to proposed GI no longer exists  28 
44 Application of this Division  ................................ ................................ ....................... 28 
45 Notice of application  ................................ ................................ ................................ ..28 
46 Parties to proceedings  ................................ ................................ ................................ 28 
47 Evidence in relation to whether ground of objection no longer exists  ....................... 28 
48 Evidence in answer  ................................ ................................ ................................ ....28 
49 New evidence  ................................ ................................ ................................ ............. 29 
50 Hearing and submissions  ................................ ................................ ........................... 29 
51 Parties must give copies of evidence to each other and pay filing fee  ....................... 30 
52 Withdrawal of appl ication  ................................ ................................ .......................... 30 
53 Decision by Registrar of Trade Marks  ................................ ................................ .......30 
54 Notice of de cision  ................................ ................................ ................................ ......31 
55 Fees ................................ ................................ ................................ ............................ 31 
56 Costs  ................................ ................................ ................................ .......................... 32 
Division  4—Criteria for determining Australian GIs  33 
57 Criteria for determining geographical in dications  ................................ ...................... 33 
Part  7—Determination of foreign GIs and translations of foreign GIs  35 
Division  1—Preliminary  35 
58 Simplified outline of this Part  ................................ ................................ .................... 35 
59 Purpose of Part  ................................ ................................ ................................ ........... 36 
60 Applications for determination  ................................ ................................ .................. 36 
Division  2—Objections to determination of foreign GIs and translations of 
foreign GIs  37 
61 Notice to be given of proposed foreign GI or translation of foreign GI  ..................... 37 
62 Grounds of objection to determination of foreign GI or translation of foreign 
GI ................................ ................................ ................................ ............................... 37 
Division  3—Consideration of objections to determination of foreign GIs or 
translation of foreign GIs  40 
63 Application of this Division  ................................ ................................ ....................... 40 
64 Notice of objection  ................................ ................................ ................................ .....40 
65 Parties to proceedings  ................................ ................................ ................................ 40 
66 Evidence in relation to ground of objection and recommendation  ............................. 40 
67 Evidence in answer  ................................ ................................ ................................ ....40 
68 New evidence  ................................ ................................ ................................ ............. 41 
69 Hearing and submissions  ................................ ................................ ........................... 41 
70 Parties must give copies of evidence to each other and pay filing fee  ....................... 42  
 
 Wine Australia Regulations  2018  iii 
OPC62839 - A 71 Decision by Re gistrar of Trade Marks  ................................ ................................ .......42 
72 Recommendation by Registrar of Trade Marks to determine foreign GI or 
translation of foreign GI despite objection being made out  ................................ .......43 
73 Notice of decision  ................................ ................................ ................................ ......43 
74 Fees ................................ ................................ ................................ ............................ 43 
75 Costs  ................................ ................................ ................................ .......................... 44 
Division  4—Decision that ground of objection to proposed item no longer 
exists  45 
76 Application for decision  ................................ ................................ ............................. 45 
77 Notice of application  ................................ ................................ ................................ ..45 
78 Parties to proceedings  ................................ ................................ ................................ 45 
79 Evidence relevant to whether ground of objection no longer exists  ........................... 45 
80 Evidence in answer  ................................ ................................ ................................ ....45 
81 New evidence  ................................ ................................ ................................ ............. 46 
82 Hearing and submissions  ................................ ................................ ........................... 46 
83 Parties must give copies of evidence to each other and pay  filing fee  ....................... 47 
84 Withdrawal of application  ................................ ................................ .......................... 47 
85 Decision by Regist rar of Trade Marks  ................................ ................................ .......47 
86 Notice of decision  ................................ ................................ ................................ ......48 
87 Fees ................................ ................................ ................................ ............................ 48 
88 Costs  ................................ ................................ ................................ .......................... 49 
Division  5—Appeals against decisions of Registrar of Trade Marks  50 
89 Decisions appellable to Federal Court  ................................ ................................ .......50 
Division  6—Determinat ion of foreign GIs and translations of foreign GIs  51 
90 When Geographical Indications Committee may proceed to make a 
determination  ................................ ................................ ................................ ............. 51 
91 Consultation by Geographical Indications Committee  ................................ ............... 52 
92 Determining foreign GIs  ................................ ................................ ............................ 52 
93 Determining translations  ................................ ................................ ............................ 52 
94 Interim determination  ................................ ................................ ................................ .53 
95 Publication of notice of interim determination  ................................ ........................... 53 
96 Final determination  ................................ ................................ ................................ ....53 
97 Publication of notice of final determination  ................................ ............................... 53 
98 Review of final determination  ................................ ................................ .................... 54 
99 Date of effect of final determination  ................................ ................................ .......... 54 
Part  8—Omission from the Register of foreign GIs and translations of 
foreign GIs  56 
Division  1—Preliminary  56 
100 Simplified outline of this Part  ................................ ................................ .................... 56 
101 Purpose of Part  ................................ ................................ ................................ ........... 56 
Division  2—Omission for non -use or loss of significance  57 
102 Application for omission of foreign GI or translation of foreign GI  .......................... 57 
103 Further information concerning application  ................................ ............................... 57 
104 Notice by Geographical Indications Committee  ................................ ........................ 57 
105 Determination by Geographical Indications Committee  ................................ ............ 57 
106 Notice of determination  ................................ ................................ ............................. 58 
107 AAT review of determinations ................................ ................................ ................... 59 
108 Date of effect of determination to omit item  ................................ .............................. 59 
Division  3—Omission because GI not protected in country of origin and not 
used in Australia  60 
109 Application for omission of foreign GI  ................................ ................................ ......60  
 
iv Wine Australia Regulations  2018   
OPC62839 - A 110 Further informa tion concerning application  ................................ ............................... 60 
111 Notice by Geographical Indications Committee  ................................ ........................ 60 
112 Determination by Geographical Indications Committee  ................................ ............ 60 
113 Notice of determination  ................................ ................................ ............................. 61 
114 Date of effect of determination to omit foreign GI  ................................ .................... 61 
Part  9—Miscellaneous  62 
115 Delegation  ................................ ................................ ................................ .................. 62 
116 Authority may use computer programs to make decisions  ................................ ......... 62 
Part  10—Transitional provisions  63 
Division  1—On commencement  63 
117 Export controls  ................................ ................................ ................................ ........... 63 
118 Determination of GIs  ................................ ................................ ................................ .63 
Schedule  1—Modifications of Division  4 of Part  VIB of the Act  65 
1 Grounds of objection to the determination of a geographical indication  .................... 65 
    
Preliminary   Part 1  
   
 
Section  1 
 
 Wine Australia Regulations  2018  1 
OPC62839 - A Part  1—Preliminary  
   
1  Name  
  This instrument is  the Wine Australia Regulations 2018 . 
2  Commencement  
 (1) Each provision of this instrument  specified in column 1 of the table commences, 
or is taken to have commenced, in accordance with column 2 of the table. Any 
other statement in colum n 2 has effect according to its terms.  
 
Commencement information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  The whole of this 
instrument  1 April 2018 . 1 April 2018  
Note:  This table relates only to the provisions of this instrument  as originally made. It will 
not be amended to deal with any later amendments of this instrument . 
 (2) Any information in column 3 of the table is not part of this instrument . 
Information may be inserted in this column, or information in it may be edited, in 
any published version of this instrument . 
3  Authority  
  This instrument is made under the Wine Australia Act 2013 . 
4  Definitions  
  In this instrument : 
Act means the Wine  Australia  Act 2013 . 
approval holder , in relation to a grape product approved under section  14, means 
the licensee to whom approval was given by the Authority.  
associate  of a person  (the first person ) includes each of the following:  
 (a) a person who is or  was a consultant, adviser, partner, representative on 
retainer, employer or employee of:  
 (i) the first person; or  
 (ii) a corporation of which the first person is an officer or employee or in 
which the first person holds shares;  
 (b) if the first person is an individual —a relative of the first person;  
 (c) a person directly or indirectly concerned in, or in a position to control or 
influence the conduct of, a business or undertaking of:  
 (i) the first person; or     
Part 1   Preliminary  
   
 
Section  4 
 
2 Wine Australia Regulations  2018   
OPC62839 - A  (ii) a corporation of which the first pers on is an officer or employee or in 
which the first person holds shares;  
 (d) a corporation:  
 (i) of which the first person, or any of the other persons mentioned in 
paragraphs  (a) to (c), is an officer or employee; or  
 (ii) in which the first person, or an y of the other persons mentioned in 
paragraphs  (a) to (c), holds shares;  
 (e) if the first person is a body corporate —a related body corporate (within the 
meaning of the Corporations Act 2001 ) of the first person.  
Australia New Zealand Food Standards Code has the same meaning as in the 
Food Standards Australia New Zealand Act  1991 . 
Australian law  means a law of the Commonwealth, or of a State or Territory.  
child : without limiting who is a child of a person for the purposes of this 
instrument, someone is the  child  of a person if he or she is a child of the person 
within the meaning of the Family Law Act 1975 . 
export certificate means a certificate issued to a licensee by the Authority under 
section  20. 
foreign place name: see subsection  26(9). 
GI means geographical indication.  
licence means a licence granted under section  9. 
licensee means the holder of a licence  that is in force . 
parent : without limiting who is a parent of a person for the purposes of this 
instrument, someone is the parent  of a person i f the person is his or her child 
because of the definition of child  in this section.  
party : 
 (a) in relation to a proceeding mentioned in  Division  2 of Part  6—see 
section  35; and  
 (b) in relation to a proceeding mentioned in  Division  3 of Part  6—see 
sectio n 46; and  
 (c) in relation to a proceeding mentioned in  Division  3 of Part  7—see 
section  65; and  
 (d) in relation to a proceeding mentioned in  Division  4 of Part  7—see 
section  78. 
proposed item has the meaning given by sub section  61(1). 
relative , in relation to an individual, means the spouse,  de facto  partner (within 
the meaning of the Acts Interpretation Act  1901 ), parent or other ancestor, child 
or other descendant, broth er or sister of the individual.     
Definitions for the purposes of the Act   Part 2  
   
 
Section  5 
 
 Wine Australia Regulations  2018  3 
OPC62839 - A Part  2—Definitions for the purposes of the Act  
   
5  Grape product  
  For the purposes of paragraph  (d) of the definition of grape product  in 
subsection  4(1) of the Act, a product is a grape product for the purposes of the 
Act if:  
 (a) it includes wine; and  
 (b) it is derived in whole or in part from prescribed goods; and  
 (c) a standard, within the meaning of the Food Standards Australia New 
Zealand Act 1991 , applies to it.  
6  Prescribed geographical indication  
  For the purposes of the definition of prescribed geographical indication  in 
subsection  4(1) of the Act, a geographical indication included in the Register in 
relation to Australia is prescribed.     
Part 3   Export controls  
Division 1   Export conditions and exemptions  
 
Section  7 
 
4 Wine Australia Regulations  2018   
OPC62839 - A Part  3—Export controls  
Division  1—Export conditions and exemptions  
7  Conditions of export  
  For the purposes of paragraph  46(1)(c) of the Act  and subject to section  8 of this 
instrument , the export of a consignment of a grape product is prohibited unless:  
 (a) the exporter of the consignment is a licensee; and  
 (b) the grape product is approved under section  14 of this instrument for export 
by the exporter;  and 
 (c) if there are conditions on the approval —the export co mplies with the 
conditions; and  
 (d) an export certificate for the consignment  is in force ; and  
 (e) if there are condition s on the validity of the certificate —the export is in  
accordance with the conditions; and  
 (f) if the Authority has given a direction to the exporter under section  22 of 
this instrument —the export complies with the direction.  
Note:  It is an offence under section  44 of the Act to export a grape product if the exp ort 
contravenes the regulations.  
8  Exemptions  
Exemption for small quantities  
 (1) Section  7 does not apply to the export of a consignment if  the total quantity of 
grape products in the consignment is 100 litres  or less . 
 (2) For the purposes of subsection  (1), 2 or more consignments are taken to be a 
single consignment if  they are exported : 
 (a) on a single ship or aircraft to a single port of discharge; and  
 (b) by a single exporter, or by 2 or more exporters who are:  
 (i) associated entities  (within the meaning of section  50AAA of the 
Corporations Act 2001 ); or 
 (ii) individuals who are relatives; or  
 (iii) acting in concert with each other.  
Exemption for certain purposes  
 (3) Section  7 does not apply to the export of any of the following:  
 (a) grape product that is contained in the personal luggage of a traveller;  
 (b) grape product, belonging to an individual who is moving house, that is for 
domestic use;  
 (c) grape product that is intended to be displayed at a trade fair or comparable 
event;  
 (d) grape product that is exported for a scientific or technical purpose;  
 (e) grape product that is exported by a diplomatic, consular or similar 
establishment as part of the duty -free allowance of the establishment;     
Export controls   Part 3  
Export conditions and exemptions   Divisi on 1 
 
Section  8 
 
 Wine Australia Regulations  2018  5 
OPC62839 - A  (f) grape product that is held on boa rd a means of international transport as 
victualling supplies;  
 (g) grape product that is a commercial sample for a prospective buyer.     
Part 3   Export controls  
Division 2   Export licences  
 
Section  9 
 
6 Wine Australia Regulations  2018   
OPC62839 - A Division  2—Export licences  
9  Grant of licence  
 (1) A person may apply  to the Authority , in a form approved in writing by the 
Authority , for a licence to export grape products from Australia.  
 (2) If a person applies in accordance with  subsection  (1), the Authority must : 
 (a) grant the licence  to the person  in writing ; or 
 (b) refuse to grant the licence.  
 (3) In deciding whether to grant the licence, the Authority must consider the 
following matters:  
 (a) the financial standing of the applicant;  
 (b) whether the applicant has a place of business in Australia;  
 (c) the applicant’s ability to obtain  grape products from Australian suppliers;  
 (d) any matter relating to the applicant that may adversely affect the export 
trade in grape products;  
 (e) any other matter  relating to the promotion of the export of grape products  
that relates to the applicant ; 
 (f) whether the Authority has suspended or cancelled a licence held by:  
 (i) the applicant; or  
 (ii) an associate of the applicant;  
 (g) whether the applicant is a fit and proper person.  
 (4) The Authority may consider any other matter relating to the p romotion of the 
export of grape products.  
 (5) If the Authority refuses  to grant the licence , the Authority must notify the 
applicant in writing of its decision and  state in the notice the reasons for the 
decision.  
10  Fit and proper person test for grant of licence  
 (1) In determining, for the purposes of paragraph  9(3)(g), whether the applicant is a 
fit and proper person, the Authority must have regard to the following matters:  
 (a) whether the applicant or an associate of the applicant has been convicted  of 
an offence against the Act;  
 (b) whether a debt is due and payable by the applicant or an associate of the 
applicant under the Act ; 
 (c) whether wine export charge is due and payable by the applicant, or an 
associate of the ap plicant, and has not been paid;  
 (d) whether a previous application made by the applicant or an associate of the 
applicant, for an approval of a grape product for export  under section  14, 
for an export certificate or for any other approval under the Act,  has been 
refused or such an  approval or certificate has been revoked.  
 (2) The Authority may also have regard to:     
Export controls   Part 3  
Export licences   Division 2  
 
Section  11 
 
 Wine Australia Regulations  2018  7 
OPC62839 - A  (a) whether the applicant has been convicted of an offence against, or order ed 
to pay a pecuniary penalty under, any Australian law (other than the Act); 
and 
 (b) any o ther relevant matter.  
 (3) Nothing in this section affects the operation of Part  VIIC of the Crimes Act 1914  
(which includes provisions that, in certain circumstances, relieve persons from 
the requirement to disclose spent convictions and require persons a ware of such 
convictions to disregard them).  
11  Period of licence  
 (1) A licence is in force for the period specified in the licence. The initial period 
must not be more than 3 years.  
 (2) The licensee may apply, in writing, for the period  of the licence to be extended.  
 (3) If a licensee applies in accordance with subsection  (2) the Authority may, by 
notice in writing  given to the licensee , grant an extension, with the period of each 
extension being not more than 3 years.  
12  Authority may request information from licensee  
 (1) The Authority may request the following kinds of information from a licensee : 
 (a) information in respect of the licensee in relation to a matter mentioned in 
subsection  9(3); 
 (b) information about the export, or intended export, of grape products by the 
licensee;  
 (c) information relevant to calculation of the wine export charge payable by 
the licensee.  
 (2) The request must:  
 (a) be made in writing; and  
 (b) identify the information required; and  
 (c) state the date by which the licensee must give the information to the 
Authority.  
13  Suspension and cancellation of licence  
 (1) The Authority may , by notice in writing given to the licensee,  suspend or cancel 
a licence in any of the following circumst ances:  
 (a) a material change occurs  in respect of the licensee in relation to a matter 
mentioned in subsection  9(3); 
 (b) the licensee:  
 (i) changes the licensee’s place of business in Australia; and  
 (ii) does not inform the Authority in writing of the n ew place of business 
in Australia within 14 days of the change;  
 (c) the licensee exports a grape product in contravention of a provision of the 
Act or this instrument;  
 (d) wine export charge is payable by the licensee, the charge is due for 
payment and t he charge has not been paid.     
Part 3   Export controls  
Division 2   Export licences  
 
Section  13 
 
8 Wine Australia Regulations  2018   
OPC62839 - A  (2) The Authority may, by notice in writing given to the licensee, suspend a licence 
if the licensee fails to comply  with a request under section  12. 
 (3) A notice under subsection  (1) or (2)  must:  
 (a) if the licence is suspe nded —state the period of suspension; and  
 (b) state the reasons for the suspension or cancellation.  
 (4) The suspension or cancellation takes effect from the date of t he notice . 
 (5) A suspension ends at the end of the period stated in the notice, unless t he 
Authority ends the suspension earlier by notice in writing given to the licensee.     
Export controls   Part 3  
Approved grape products   Division 3  
 
Section  14 
 
 Wine Australia Regulations  2018  9 
OPC62839 - A Division  3—Approved grape products  
14  Approval of grape product for export  
 (1) A licensee  may apply to the Authority, in a form approved in writing by the 
Authority, for a grape product to be approved for export by the licensee . 
 (2) If a licensee applies in accordance with subsection  (1), the Authority must : 
 (a) approve the grape product , with or without conditions ; or 
 (b) refuse to approve the gra pe product.  
 (3) The Authority may approve the grape product if the Authority is satisfied that : 
 (a) either:  
 (i) the grape product complies with the Australia New Zealand Food 
Standards Code; or  
 (ii) the ways in which the product does not comply will no t compromise 
the reputation of Australian grape products; and  
 (b) the grape product is sound and merchantable; and  
 (c) the description and presentation of the grape product is appropriate having 
regard to requirements of the Act, other Australian laws and the laws of 
other countries.  
 (4) However, the Authority must not approve a grape product other than wine, 
brandy or grape spirit if the description and presentation of the product includes:  
 (a) a registered geographical indication other than the term  “Australia”; or  
 (b) a registered translation.  
 (5) The Authority must refuse to approve the grape product if the licensee fails to 
comply  with a request under section  16 in relation to the grape product . 
Conditions  
 (6) Without limiting paragraph  (2)(a) , the Authority may impose a condition that 
limits the countries to which export is approved.  
Example:  Export might only be approved where the Authority is satisfied the grape product meets 
requirements of the importing country.  
Notice of decision  
 (7) The Authority must notify the licensee in writing of its decision. If the Authority 
refuses to approve the grape product, or imposes conditions on the approval of 
the grape product, the notice must state the reasons for the decision.  
Variation of conditions  
 (8) The Authority may, by notice in writing given to the approval holder, vary the 
conditions on an approval. The notice must state the reasons for the variation.  
Description and presentation  
 (9) This section applies as if a reference to wine in section  5C of the Act (meaning 
of description and presentation) included a reference to a grape product.     
Part 3   Export controls  
Division 3   Approved grape products  
 
Section  15 
 
10 Wine Australia Regulations  2018   
OPC62839 - A 15  Approval holder  may authorise another licensee to export grape product  
 (1) An approval holder for a grape product  may authorise another licensee, by notice 
in writing  given to the Authority , to export the grape product.  
 (2) While the authorisation is in force, the approval of the grape product also 
approves  export by the authorised licensee.  
 (3) Subsection  (2) does not permit the authorised licensee to authorise other 
licensees.  
16  Authority may request information about grape product  
 (1) The Authority may ma ke the following kinds of requests under this section in 
relation to a grape product:  
 (a) a request for records demonstrating that the grape prod uct complies with 
the Australia New Zealand Food Standards Code in particular respects 
(such respects to be identified in the request);  
 (b) a request for records demonstrating that the grape product is sound and 
merchantable;  
 (c) a request for a sample o f the grape product for the purpose of determining 
whether it is sound and merchantable;  
 (d) if the grape product is wine —a request for a copy of record s kept under 
section  39F of the Act in relation to the wine, for the purpose of verifying a 
label claim  used in the description and presentation of  the wine  (such label 
claim to be identified in the request) . 
 (2) The request may be made to:  
 (a) a licensee who has applied for approval of the grape product under 
section  14; or 
 (b) an approval holder  for th e grape product . 
 (3) The request must : 
 (a) be made in writing; and  
 (b) state the date by which the licensee or approval holder must provide the 
records or sample to the Authority.  
17  Suspension and revocation of approval  
Suspension  
 (1) The Authority must, by notice in writing given to the approval holder, suspend 
the approval of a grape product if the approval holder fails to comply  with a 
request under section  16 in relation to the grape product.  
 (2) The Authority must, by notice in wr iting given to the approval holder, remove 
the suspension if the records or sample requested under section  16 is given to the 
Authority.     
Export controls   Part 3  
Approved grape products   Division 3  
 
Section  17 
 
 Wine Australia Regulations  2018  11 
OPC62839 - A Revocation  
 (3) The Authority may, by notice in writing given to the approval holder, revoke the 
approval of a grape pr oduct if the Authority is no longer satisfied that the grape 
product meets the requirements of subsections  14(3) and (4).  
 (4) The notice must state the reasons for the decision.     
Part 3   Export controls  
Division 4   Export certificates  
 
Section  18 
 
12 Wine Australia Regulations  2018   
OPC62839 - A Division  4—Export certificates  
18  Application for e xport certificate  
 (1) A licensee may apply, in a form approved in writing by the Authority, for a 
certificate for the export of a consignment of a grape product  by the licensee . 
 (2) The application must be given to the Authority at least 5 days before the day on 
which the grap e product is to be exported.  
 (3) The form of application approved by the Authority must r equire the application  
to identify  the following : 
 (a) the day on which the grape product is to be exported;  
 (b) the country to which the grape product is to be expo rted; 
 (c) the person to whom the product will be consigned in th at country.  
19  Authority may request information about compliance with other laws  
 (1) If a licensee applies in accordance with section  18 for a certificate for the export 
of a consignment o f a grape product , the Authority may ask the licensee to give 
the Authority information demonstrating that a requirement under an Australian  
law that relates to the description and presentation of the grape product has been 
met. 
Example:  If a grape product is described as “organic” and is a product to which the Export 
Control (Organic Produce Certification) Orders  applies, the Authority may ask the 
licensee to give the Authority information demonstrating that an organic produce 
certificate  has been issued for the product.  
 (2) The request must:  
 (a) be made in writing at least 2 days before the day on which the grape 
product is to be exported;  and 
 (b) identify the requirement and the law under which it applies; and  
 (c) state when the lice nsee must give the information to the Authority, which 
must be before the day on which the grape product is to be exported.  
 (3) This section applies as if a reference to wine in section  5C of the Act (meaning 
of description and presentation) included a re ference to a grape product.  
20  Issue  of export certificate  
 (1) If a licensee applies in accordance with  section  18 for a certificate for the export 
of a consignment of a grape product by t he licensee, the Authority must : 
 (a) issue the export certificate  to the licensee  in writing ; or 
 (b) refuse to issue the export certificate;  
before the day on which the consignment is to be exported.  
 (2) The Authority may issue the export certificate  to the licensee if the Authority is 
satisfied that : 
 (a) the grape product is approved under section  14 for export by the licensee; 
and    
Export controls   Part 3  
Export certificates   Division 4  
 
Section  21 
 
 Wine Australia Regulations  2018  13 
OPC62839 - A  (b) if there are conditions on the approval —the export would comply with the 
conditions; and  
 (c) if the Authority makes a request for information under section  19 in 
relation to a requi rement —the description and presentation of the grape 
product meets the requirement; and  
 (d) if the Authority has given a direction to the licensee under section  22—the 
export would comply with the direction . 
 (3) In deciding whether to issue the export ce rtificate, the Authority may have regard 
to the person to whom the product will be consigned in the country to which the 
grape product is to be exported.  
 (4) The Authority must refuse to issue the export certificate if : 
 (a) the Authority reasonably belie ves that the grape product cannot lawfully be 
sold in the country to which it is to be exported; or  
 (b) the licensee fails to comply with a request under section  19 in relation to 
the consignment.  
 (5) The Authority may specify in the export certificate  conditions on the validity of 
the certificate.  If the Authority specifies conditions , the Authority must give the 
licensee written reasons for doing so . 
 (6) If the Authority  refuses  to issue the export certificate , the Authority must notify 
the licensee in  writing of its decision and state in the notice the reason s for the 
decision.  
21  Revocation of export certificate  
 (1) The authority may , by notice in writing given to the licensee,  revoke an export 
certificate if the export of the grape product by the l icensee no longer complies 
with the requirements of subsection  20(2). 
 (2) The notice must state the reasons for the decision.     
Part 3   Export controls  
Division 5   Other matters  
 
Section  22 
 
14 Wine Australia Regulations  2018   
OPC62839 - A Division  5—Other matters  
22  Direction by Authority  on quantit y of exports  
  The Authority  may give to a licensee a written direction about the quantit y of 
grape product that the licensee may export:  
 (a) generally; or  
 (b) to a country specified in the direction; or  
 (c) to a person, agent or representative specified in the direction.  
23  Application s for review of decision s 
  Application s may be made to the Administrative Appeals Tribunal for review of  
the following decisions of the Authority : 
 (a) a decision  under section  9 to refuse to  grant a licence;  
 (b) a decision under section  13 to suspend or cancel a licence;  
 (c) a decision under section  14 to refuse to  approve a grape product for export;  
 (d) a decision under section  14 to impose conditions on the approval of a grape 
product for export  (including through variation of the conditions on an 
existing approval) ; 
 (e) a decision under section  14 to approve a grape product that does not 
comply with the Australia New Zealand Food Standards Code;  
 (f) a decision under section  17 to revoke the approval of a grape product for 
export;  
 (g) a decision under section  20 to refuse to  issue an export certificate;  
 (h) a decision under section  20 to specify  conditions on the validity of an 
export certificate;  
 (i) a decision under section  21 to revoke an export certificate;  
 (j) a decision to give a direction under section  22.    
Descri ption and presentation of wine   Part 4  
   
 
Section  24 
 
 Wine Australia Regulations  2018  15 
OPC62839 - A Part  4—Description and presentation of wine  
   
24  Wine originating in more than one country  
 (1) For the purposes of subsection  40F(6) of the Act, if wine is made from grapes 
grown in more than one country, the description and presentation of the wine 
must identify the proportion of the wine that originated in each country.  
 (2) For the purposes of determining the countries of origin and the proportion from 
each country, the quantity of additives derived from grapes, not exceeding a total 
of 20ml/L, is exclu ded. 
25  Grape varieties  
 (1) For the purposes of subsection  40F(6) of the Act, a name used for a variety in the 
description and presentation of wine originating in Australia must be a name of a 
variety, or a synonym of a name  of a variety , that is recogni sed as a name or a 
synonym by at least one of the following organisations:  
 (a) International Organisation of Vine and Wine;  
 (b) International Union for the Protection of New Varieties of Plants;  
 (c) International Plant Genetic Resources Institute.  
 (2) For the purposes of subsection  40F(6) of the Act, if wine originating in Australia 
is made from 2 or more varieties, the wine may be described and presented as 
being of a single  variety only if at least 850ml/L of the wine is obtained from that 
variety.  
 (3) For the purposes of subsection  40F(6) of the Act, if the description and 
presentation of wine originating in Australia refers to more than one variety:  
 (a) the description and presentation must list the varieties in descending order 
of their proportion s in the wine; and  
 (b) each variety named in the description and presentation must be present in 
greater proportion in the composition of the wine than any variety that is 
not named; and  
 (c) in total, at least 850ml/L of the wine must be obtained from th e named 
varieties.  
 (4) For the purposes of determining the proportion of the varieties under 
subsection  (2) or (3), the quantity of products used for possible sweetening and 
cultures of microorganisms, not exceeding a total of 50ml/L, is excluded.  
 (5) For the purposes of this section, the volume of a fortified wine is to be calculated 
exclusive of the grape spirit or brandy (or both) added to the wine.  
26  Use of registered geographical indications  
Use of GI registered in relation to Australia —limit on nu mber of GIs and foreign 
place names  
 (1) For the purposes of subsection  40F(6) of the Act, if the description and 
presentation of wine uses one or more GIs registered in relation to Australia, the    
Part 4   Description and presentation of wine  
   
 
Section  26 
 
16 Wine Australia Regulations  2018   
OPC62839 - A total number of registered GIs and foreign place names used  in the description 
and presentation of the wine must be 3 or less.  
Note:  Subsection  4(1) of the Act defines registered geographical indication  to mean a 
geographical indication included in Part  1 of the Register kept under section  40ZC of 
the Act. Subsect ion 40ZD(2) of the Act requires Part  1 of the Register to include 
particulars of any region or locality in relation to which a geographical indication is 
determined.  
Use of one GI registered in relation to Australia  
 (2) For the purposes of subsection  40F( 6) of the Act, i f the description and 
presentation of wine:  
 (a) uses one GI registered in relation to Australia; and  
 (b) does not use a GI registered in relation to another country; and  
 (c) does not use a foreign place name;  
at least 850ml/L of the wine  must have been obtained from grapes grown in the 
region or locality in Australia in relation to which the GI is registered.  
Use of one GI registered in relation to a foreign country  
 (3) For the purposes of subsection  40F(6) of the Act, if the description  and 
presentation of wine : 
 (a) uses one GI registered in relation to another country ; and 
 (b) does not use a GI registered in relation to Australia ; 
at least 850ml/L of the wine must have been obtained from grapes grown in the 
country, region or locality  indicated by the GI . 
Note:  This subsection applies whether or not the description and presentation of the wine also 
uses one or more foreign place names.  
Use of GI registered in relation to Australia with one or 2 other registered GIs  
 (4) For the purposes of subsection  40F(6) of the Act, i f the description and 
presentation of wine:  
 (a) uses 2 or 3 registered GIs (at least one of which is registered in relation to 
Australia); and  
 (b) does not use a foreign place name;  
the wine, and the description  and presentation, must meet the requirements of 
subsection  (5) of this section . 
 (5) For the purposes of subsection  (4): 
 (a) in total, at least 950ml/L of the wine must have been obtained from grapes 
grown in the regions or localities in relation to whic h those GIs are 
registered; and  
 (b) at least 50ml/L of the wine must have been obtained from each of those 
regions or localities; and  
 (c) the description and presentation must set out the registered GIs in 
descending order of the proportions of the relev ant grapes in the wine.     
Description and presentation of wine   Part 4  
   
 
Section  27 
 
 Wine Australia Regulations  2018  17 
OPC62839 - A Use of GI registered in relation to Australia with foreign place name  
 (6) For the purposes of subsection  40F(6) of the Act, i f the description and 
presentation of wine uses:  
 (a) at least one GI registered in relation to Australia;  and 
 (b) at least one foreign place name;  
the wine, and the description and presentation, must meet the requirements of 
subsection  (7) of this section . 
 (7) For the purposes of subsection  (6): 
 (a) in total, at least 950ml/L of the wine must have been obt ained from grapes 
grown in:  
 (i) the regions or localities in relation to which those GIs are registered; 
and 
 (ii) the countries, regions or localities identified by those foreign place 
names; and  
 (b) at least 50ml/L of the wine must have been obtained f rom each of those 
countries, regions or localities; and  
 (c) the description and presentation must set out the registered GIs and foreign 
place names in descending order of the proportions of the relevant grapes 
in the wine.  
General  
 (8) For the purposes o f this section:  
 (a) a word or term is not to be treated as a registered GI or a foreign place 
name, as the case may be, when it appears in the description and 
presentation because it is required by another law; and  
 (b) the volume of a fortified wine is t o be calculated exclusive of the grape 
spirit or brandy (or both) added to the wine.  
Example:  For paragraph  (a), ‘Australia’ and the name of a foreign country might appear in the 
description and presentation because they are required by section  24. 
 (9) In this instrument : 
foreign place name , in relation to wine, means a word or expression that:  
 (a) is not a registered GI; and  
 (b) identifies a country, region or locality (other than Australia) in which the 
wine originated.  
27  Vintages  
 (1) For the purp oses of subsection  40F(6) of the Act, if:  
 (a) wine originating in Australia is made using grapes that were harvested in 
more than one vintage; and  
 (b) the description and presentation of the wine refers to one or more of those 
vintages;  
the description a nd presentation of the wine must refer to all of the vintages in 
descending order of the proportions of the relevant grapes in the wine.     
Part 4   Description and presentation of wine  
   
 
Section  27 
 
18 Wine Australia Regulations  2018   
OPC62839 - A  (2) Despite subsection  (1), wine may be described and presented as being of one 
vintage if at least 850ml/L of the win e is obtained from grapes harvested in that 
vintage.  
 (3) For the purposes of subsection  (2), the volume of a fortified wine is to be 
calculated exclusive of the grape spirit or brandy (or both) added to the wine.     
Exemption of wines from offences relating to description and presentation   Part 5  
   
 
Section  28 
 
 Wine Australia Regulations  2018  19 
OPC62839 - A Part  5—Exemption of wines from offence s relating to 
description and presentation  
   
28  Small quantities of wine  
 (1) For the purposes of the definition of small quantities  in subsection  40J(1) of the 
Act, the following are declared to be small quantities of wine:  
 (a) a quantity of wine, not exceeding 100 litres, that is: 
 (i) exported in a single consignment ; and  
 (ii) packed in labelled containers of a capacity of not more than 5 litres 
and fitted with a non -reusable closing device;  
 (b) a quantity of wine, not exceed ing 30 litres, that is contained in the personal 
luggage of a traveller ; 
 (c) a quantity of wine, not exceeding 30 litres, that is sent in a consignment by 
an individual to another individual;  
 (d) a quantity of wine,  belonging to an individual who is movi ng house , that is 
for domestic use;  
 (e) a quantity of wine  that is : 
 (i) intended to be displayed at an event, in Australia or an agreement 
country, that is a trade fair or comparable event  for the purposes of the 
customs laws of the relevant country ; and  
 (ii) packed in labelled containers of a capacity of not more than 2 litres 
and fitted with a non -reusable closing device;  
 (f) a quantity of wine, not exceeding 1 00 litres, that is imported into Australia 
or exported to an agreement country for a scienti fic or technical purpose;  
 (g) a quantity of wine that is imported into Australia, or exported to an 
agreement country, by a diplomatic, consular or similar establishment as 
part of the duty -free allowance of the establishment;  
 (h) a quantity of wine that  is held on board a means of international transport 
as victualling supplies.  
 (2) For the purposes of subparagraph  (1)(a)(i), 2 or more consignments are taken to 
be a single consignment if they are exported:  
 (a) on a single ship or aircraft to a single p ort of discharge; and  
 (b) by a single exporter, or by 2 or more exporters who are : 
 (i) associated entities (within the meaning of section  50AAA of the 
Corporations Act 2001 ); or 
 (ii) individuals who are relatives; or  
 (iii) acting in concert with each other.  
 (3) For the purposes of paragraph  40J(4)(b) of the Act, c onditions and procedures 
that form part of the description of a small quantity of wine in a paragraph of 
subsection  (1) of this section are prescribed in relation to that small quantity.  
29  Geographical indication : Tokay  
 (1) For the purposes of subsection  40J(5) of the Act, wine is exempted from the 
operation of subsections  40C(1) and 40E(1) of the Act if the description and    
Part 5   Exemption of wines from offences relating to description and presentation  
   
 
Section  30 
 
20 Wine Australia Regulations  2018   
OPC62839 - A presentation of the wine is false or misleading only because of the  use of the 
geographical indication “Tokay”.  
 (2) This section is repealed at the start of  1 September 2020.  
30  Variety names that are also geographical indications  
  For the purposes of subsection  40J(5) of the Act, wine is exempted from the 
operation of  subsections  40C(1) and 40G(1) of the Act if : 
 (a) the description and presentation of the wine is false, or does not comply 
with registered conditions of use, only because of the use of a term that is 
recognised as the name of a variety, or a synonym of a  name of a variety, 
by at least one of the following organisations:  
 (i) International Organisation of Vine and Wine;  
 (ii) International Union for the Protection of New Varieties of Plants;  
 (iii) International Plant Genetic Resources Institute; and  
 (b) the term is used to describe a variety of grap es from which the wine is 
made.  
31  Marketing periods for use of geographical indications, registered traditional 
expressions and registered additional terms  
 (1) For the purposes of subsection  40J(5) of the Act, wine is exempted from the 
operation of the offence provisions if:  
 (a) the description and presentation of the wine is false or misleading, or does 
not comply with registered conditions of use, only because of the  use of a 
registered geo graphical indication, a registered translation, a registered 
traditional expression or a registered additional term; and  
 (b) the wine was lawfully produced before the day on which the offence 
provisions first appl ied to the use of the indication, translat ion, expression 
or term; and  
 (c) the indication, translation, expression or term is used by:  
 (i) a wholesaler of wine acting in the course of the wholesaler’s business; 
or 
 (ii) a retailer of wine in the course of the retailer’s business.  
Note:  The offen ce provisions  is defined in subsection  40J(1) of the Act.  
Marketing period  
 (2) The exemption in subsection  (1) applies for a period, commencing on the day on 
which the offence provisions first apply to the use of the indication, translation, 
expression or  term, of:  
 (a) for use in the description and presentation of fortified wines —5 years; and  
 (b) for use in the description and presentation of other wines —3 years.  
 (3) However, if a retailer has a stock of a wine at the end of the period mentioned in 
subsection  (2), the exemption continues in relation to use by the retailer until that 
stock is exhausted.     
Exempti on of wines from offences relating to description and presentation   Part 5  
   
 
Section  32 
 
 Wine Australia Regulations  2018  21 
OPC62839 - A 32  Use of trade mark s in description of wine  
Circumstances in which exemption applies  
 (1) Subsection  (4) applies if:  
 (a) the Registrar of Trade Marks decides, under subsection  40RC(2) of the 
Act, that an objection to a proposed GI is made out, but the GI is 
subsequently registered in accordance with subsection  40ZD(2) of the Act; 
or 
 (b) the Registrar of Trade Marks decides, under section  71 of this ins trument , 
that an objection to a proposed item is made out, but the item is 
subsequently registered in accordance with subsection  40ZD(2) of the Act; 
or 
 (c) a trade mark is registered or is the subject of a pending application under 
the Trade Marks Act 199 5 and: 
 (i) after the registration of, or application for, the trade mark, a GI or 
translation is proposed and registered; and  
 (ii) the GI or translation is identical to, or is likely to cause confusion 
with, the trade mark; or  
 (d) a trade mark listed in  subsection  (3) is identical to:  
 (i) a registered GI that indicates a foreign country or a region or locality 
in a foreign country; or  
 (ii) a registered translation of such a GI; or  
 (e) a trade mark listed in subsection  (3) is likely to cause confusion with:  
 (i) a registered GI that indicates a foreign country or a region or locality 
in a foreign country; or  
 (ii) a registered translation of such a GI.  
 (2) If: 
 (a) paragraph  (1)(a) or (b) applies; and  
 (b) the objection wa s on the ground that the proposed GI or proposed item is 
used in Australia:  
 (i) as the common name of a type or style of wine; or  
 (ii) as the name of a variety of grapes;  
then a reference in subsection  (4) to a trade mark is taken to be a reference to th at 
name.  
 (3) For the purposes of paragraphs  (1)(d) and (e), the trade marks are the following:  
 (a) Ilya; 
 (b) Karloff;  
 (c) Lienert of Mecklenburg;  
 (d) Lindauer;  
 (e) Montana;  
 (f) Salena Estate;  
 (g) The Bissy.     
Part 5   Exemption of wines from offences relating to description and presentation  
   
 
Section  32 
 
22 Wine Australia Regulations  2018   
OPC62839 - A Exemption  
 (4) For the purposes of subsec tion 40J(5) of the Act, wine is exempted from the 
offence provisions if:  
 (a) the description and presentation of the wine is false or misleading, or does 
not comply with registered conditions of use, only b ecause:  
 (i) the trade mark is used in the description and presentation; and  
 (ii) the trade mark is the same as or resembles the registered GI or 
registered translation; and  
 (iii) the wine did not originate in the country, region or locality indicated 
by the registered GI or registered translation; and  
 (b) the origin of the wine is shown in the description and presentation of the 
wine in a way that is not likely to mislead.  
Note:  The offence provisions  is defined in subsection  40J(1) of the Act.     
Determination of Australian GIs   Part 6  
Modifications of the Act   Division 1  
 
Section  33 
 
 Wine Australia Regulations  2018  23 
OPC62839 - A Part  6—Determination of Australian GIs  
Division  1—Modifications of the Act 
33  Modifications of Division  4 of Part  VIB of the Act  
  For the purposes of subsection  40PA(3) of the Act, the operation of  Division  4 of 
Part VIB of the Act is modified as set out in Schedule  1 to this instrument .    
Part 6   Determination of Australian GIs  
Division 2   Consideration of objections to determination of Australian GIs  
 
Section  34 
 
24 Wine Australia Regulations  2018   
OPC62839 - A Division  2—Consideration of objections  to determination of 
Australian GIs  
34  Application of this Division  
  For the purposes of subsection  40RC(5) of the Act, this Division sets out the 
procedure to be followed, if the Registrar of Trade Marks receives an  objection 
in relation to a proposed GI on a ground set out in section  40RB of the Act, in 
making decisions under subsection s 40RC(2) and (3) of the Act.  
35  Parties to proceedings  
  Each of the following is a party  in relation to consideration of the obje ction:  
 (a) the person who made the objection;  
 (b) if an application was made for the determination of the proposed GI under 
section  40R of the Act —the applicant.  
36  Evidence  in relation to ground of objection and recommendation  
 (1) The Registrar of Trade Marks must send each party a written notice that:  
 (a) gives the name and address of any other party; and  
 (b) invites the party to file evidence  relevant to whether the Registrar of Trade 
Marks should:  
 (i) decide the ground of objection is or is  not made out; or  
 (ii) recommend to the Geographical Indications Committee that the 
proposed GI be determined despite the objection having been made 
out; and  
 (c) states that any evidence must be filed in the period of 3 months  from the 
date of the notice . 
Note:  There may only b e one party in some proceedings . 
 (2) The Registrar of Trade Marks must not send the notices until:  
 (a) the Registrar of Trade Marks has notified the Geographical Indications 
Committee under subsection  40RC(1) of the Act that the objection has 
been received; and  
 (b) the person who made the objection has paid the fee prescribed by 
section  42 of this instrument for dealing with the objection.  
37  Evidence in answer  
 (1) If a party  files evidence in response to a notice sent under section  36, the 
Registrar of Trade Marks must send the other party (if any) a written notice that:  
 (a) invites the other party to file evidence in answer; and  
 (b) states the period from the date of the notice in which evidence in answer 
may be filed.  
 (2) The period stated for the purposes of paragraph  (1)(b) must be at least 2 months.  
 (3) The Registrar of Trade Marks must also notify both parties, in writing, of the 
date by which a request for a hearing under section  39 must be made.     
Determination of Australia n GIs   Part 6  
Consideration of objections to determination of Australian GIs   Division 2  
 
Section  38 
 
 Wine Australia Regulations  2018  25 
OPC62839 - A Note:  There may only be one party in some proceedings . 
38  New evidence  
 (1) A party may apply to the Registrar of Trade Marks, in writing, to file new 
evidence:  
 (a) after the end of a period specified by the Registrar of Trade Marks for the 
party to file  evidence; and  
 (b) before the Registrar of Trade Marks  makes a decision under 
subsection  40RC(2) or (3) of the Act.  
 (2) An application must : 
 (a) be accompanied by the fee prescribed by section  42; and 
 (b) include a statement:  
 (i) describing the new evidence; and  
 (ii) giving the reasons why the new evidence was not filed within the 
specified period.  
 (3) If, after considering the application, the Registrar of Trade Marks decides that it 
is reasonable to allow the filing of the new evidence, he or she must:  
 (a) set a date by which the new evidence must be filed ; and 
 (b) notify the applying party of the date in writing.  
 (4) If the Registrar of Trade Marks decides that it is not reasonable to allow the 
filing of the new evidence, he or she must notify the applying party in writing 
that new evidence may not be filed.  
Evidence in answer to new evidence  
 (5) If the new evidence is filed by the date set under  subsection  (3), the Registrar of 
Trade Marks must send a written notice to the other party (if any)  that: 
 (a) tells the other party  that the new evidence is filed ; and 
 (b) sets a reasonable period for the party to file evidence in answer to it.  
 (6) The Registrar of Trade Marks must also notify both parties, in writing, of the 
date by which a request for a hearing under se ction  39 must be made.  
Note:  There may only be one party i n some proceedings . 
39  Hearing and submissions  
 (1) If at least one notice is given under section  37 or subsection  38(5), any party may 
ask the Registrar of Trade Marks to conduct a hearing.  
 (2) The request must be made  to the Registrar of Trade Marks  in writing no later 
than 1 month after the last day on which evidence may be filed in accordance 
with any notice given under section  37 or subsection  38(5). 
 (3) The request must be accompanied by th e fee prescribed by section  42. 
 (4) If the Registrar of Trade Marks receives a request in accordance with 
subsections  (1) to (3), he or she must:  
 (a) send each party a written notice that:     
Part 6   Determination of Australian GIs  
Division 2   Considera tion of objections to determination of Australian GIs  
 
Section  40 
 
26 Wine Australia Regulations  2018   
OPC62839 - A  (i) informs the party a hearing will be held; and  
 (ii) invites written submissions to be made before the hearing; and  
 (b) conduct a hearing.  
 (5) If: 
 (a) the objection was made on a ground mentioned in subsection  40RB(1) of 
the Act; and  
 (b) the registered trade mark concerned is the subject of removal or 
cancellati on proceedings;  
the Registrar of Trade Marks must not conduct the hearing until the removal or 
cancellation proceedings are complete.  
 (6) The fee prescribed by section  42 for attendance at a hearing is payable by each 
party that attends the hearing.  
40  Parties must  give copies of evidence to each other  and pay filing fee  
 (1) Evidence in relation to proceedings mentioned in  this Division  involving more 
than one party is not taken to be validly filed unless the party filing the evidence:  
 (a) gives a copy of the evidence to the other party; and  
 (b) includes, with the evidence being filed, a statement setting out when and 
how the copy  was given to the other party.  
 (2) Eviden ce in relation to proceedings mentioned in this Division is not taken to be 
validly filed unless the party filing the evidence pays the fee prescribed by 
section  42. 
41  Decision by Registrar  of Trade Marks  
 (1) Subject to this section, t he Registrar of Trade Marks must, as soon as practicable 
after all periods for the filin g of evidence or requesting conduct of a hearing have 
ended  (and, if a hearing is requested, after the hearing has been held) , make a 
decision under subsection  40RC(2) of the Act ( and subsection  40RC (3) of the 
Act if applicable)  by considering:  
 (a) the notice published under subsection  40RA(2) of the Act; and  
 (b) the objection; and  
 (c) the evidence  filed by the parties; and  
 (d) if a hearing has been held —representations and material from the hearing 
and any written submissions by the parties; and  
 (e) any other matter that the Registrar of Trade Marks considers  relevant.  
 (2) If: 
 (a) the objection was made on a ground mentioned in subsection  40RB(1) of 
the Act; and  
 (b) the registered trade mark concerned is the subject of removal or 
cancellation proc eedings;  
the Registrar of Trade Marks must not make a decision under 
subsection  40RC(2) or (3) of the Act until the removal or cancellation 
proceedings are complete.     
Determination of Australian GIs   Part 6  
Consideration of objections to determination of A ustralian GIs   Division 2  
 
Section  42 
 
 Wine Australia Regulations  2018  27 
OPC62839 - A  (3) The Registrar of Trade Marks must decide that the ground of objection is not 
made out  if: 
 (a) the person objecting to the proposed GI does not file any evidence within 
the period mentioned in paragraph  36(1)(c); or  
 (b) the person objecting to the proposed GI withdraws the notice of objection 
before the Registrar of Trade Marks makes a decision about the objection . 
Note:  The Registrar of Trade Marks must notify the parties and the Geographical Indications 
Committee about his or her decision: see subsection  40RD(1)  of the Act.  
42  Fees  
  In proceedings mentioned in this Division, the fee specified in column 2 of an 
item in the following table is payable to the Registrar of Trade Marks in respect 
of a matter specified in column 1 of the item.  
 
Fees for proceedings mentioned in this Division  
 Column 1  Column 2  
Item  Matter  Fee 
1 Dealing with an objection  $500  
2 Filing evidence under section  36, 37 or 38 (that is, 
evidence in support, evidence in answer or new evidence)  $375  
3 Requesting a hearing under section  39 $500  
4 Atten dance at a  hearing  $500 per day or part of a day , but 
any amount paid by the party 
under item  3 in relation to the 
hearing  is deducted from the total  
5 Applying to file new evidence under section  38 $100  
43  Costs  
  The Registrar of Trade Marks must not  make an order for costs in proceedings 
mentioned in this Division .    
Part 6   Determination of Australian GIs  
Division 3   Decision that ground of objection to proposed GI no longer exists  
 
Section  44 
 
28 Wine Australia Regulations  2018   
OPC62839 - A Division  3—Decision that ground of objection to proposed GI no 
longer exists  
44  Application of this Division  
  For the purposes of subsection  40RE(2) of the Act, this Division sets out th e 
procedure to be followed, if the Registrar of Trade Marks receives an application 
under paragraph  40RE(1)(b) of the Act for a decision that a ground of objection 
to a proposed GI no longer exists, in making a decision under 
subsection  40RE(1) of the Act.  
45  Notice of application  
  The Registrar of Trade Marks must notify the Geographical Indications 
Committee in writing of the receipt and terms of the application under 
paragraph  40RE(1)(b) of the Act.  
46  Parties to proceedings  
  Each of the following is  a party  in relation to determination of the application:  
 (a) the person who ma de the application ; 
 (b) if the objection was made on a ground mentioned in subsection  40RB(1), 
(3) or (4) of the Act —the owner of the trade mark concerned;  
 (c) if the objection was made on the ground mentioned in subclause  1(2) of 
Schedule  1 to this instrument —the person who made the objection;  
 (d) if an application for the determination of the proposed GI was made under 
section  40R of the Act  by a person other than the person mentioned in 
paragraph  (a) of this section —the applicant for the determination  of the 
proposed GI . 
Note:  Schedule  1 to this instrument modifies the operation of section  40RB of the Act.  
47  Evidence  in relation to whether ground of objectio n no longer exists  
 (1) The Registrar of Trade Marks must send each party a written notice that:  
 (a) gives the name and address of each other party; and  
 (b) invites the party to file evidence  relevant to whether the Registrar of Trade 
Marks should decide that the ground of objection no longer exists ; and  
 (c) states that any evidence must be filed in the period of 3 months  from  the 
date of the notice.  
 (2) The Registrar of Trade Marks must not  send the notices until:  
 (a) the Registrar of Trade Marks has notified the Geographical Indications 
Committee of the application under section  45; and  
 (b) the person who made the application has paid the fee prescribed by 
section  55 for dealing with the application.  
48  Evidence in answer  
 (1) If a party  files evidence in response to a notice sent under section  47, the 
Registrar of Trade Marks must send each other  party a written notice that:     
Determination of Australian GIs   Part 6  
Decision that ground of objection to proposed GI no longer exists   Division 3  
 
Section  49 
 
 Wine Australia Regulations  2018  29 
OPC62839 - A  (a) invites the other party to file evidence in answer ; and  
 (b) states the period from the date of the notice in which evidence in answer 
may be filed.  
 (2) The period stated for the purposes of paragraph  (1)(b) must be at least 2 months.  
 (3) The Registrar of Trade Marks must also notify all parties, in writing, of  the date 
by which a request for a hearing under section  50 must be made.  
49  New evidence  
 (1) A party may apply to the Registrar of Trade Marks, in writing, to file new 
evidence:  
 (a) after the end of a period specified by the Registrar of Trade Marks for the 
party to file evidence; and  
 (b) before the Registrar of Trade Marks makes a decision under 
subsection  40RE(1) of the Act.  
 (2) An application must:  
 (a) be accompanied by the fee prescribed by section  55; and  
 (b) include a statement:  
 (i) describing the new evidence; and  
 (ii) giving the reasons why the new evidence was not filed within the 
specified period.  
 (3) If, after considering the application, the Registrar of Trade Marks decides that it 
is reasonable to allow the filing of the new evidence, he or she must:  
 (a) set a date by which the new evidence must be filed; and  
 (b) notify the applying party of the date in writing.  
 (4) If the Registrar of Trade Marks decides that it is not reasonable to allow the 
filing of the new evidence, he  or she must notify the applying party in writing 
that new evidence may not be filed.  
Evidence in answer to new evidence  
 (5) If the new evidence is filed by the date set under subsection  (3), the Registrar of 
Trade Marks must send a written notice to the other parties that:  
 (a) tells the other parties that the new evidence is filed; and  
 (b) sets a reasonable period for the parties to file evidence in answer to it.  
 (6) The Registrar of Trade Marks must also notify all parties, in writing, of the date 
by which a request for a hearing under section  50 must be made.  
50  Hearing and submissions  
 (1) If at least one notice is given under section  48 or subsection  49(5), any party may 
ask the Registrar of Trade Marks to conduct a hearing.  
 (2) The request must b e made in writing to the Registrar of Trade Marks no later 
than 1 month after the last day on which evidence may be filed in accordance 
with any notice given under section  48 or subsection  49(5).    
Part 6   Determination of Australian GIs  
Division 3   Decision that ground of objection to proposed GI no longer exists  
 
Section  51 
 
30 Wine Australia Regulations  2018   
OPC62839 - A  (3) The request must be accompanied by the fee prescribed b y section  55. 
 (4) If the Registrar of Trade Marks receives a request in accordance with 
subsections  (1) to (3) , he or she must:  
 (a) send each party a written notice that:  
 (i) informs the party a hearing will be held; and  
 (ii) invites written submission s to be made before the hearing; and  
 (b) conduct a hearing.  
 (5) If: 
 (a) the objection was made on a ground mentioned in subsection  40RB(1) of 
the Act; and  
 (b) the registered trade mark concerned is the subject of removal or 
cancellation proceedings;  
the Registrar of Trade Marks must not conduct the hearing until the removal or 
cancellation proceedings are complete.  
 (6) The fee prescribed by section  55 for attendance at a hearing is payable by each 
party that attends the hearing.  
51  Parties must give copies of evidence to each other  and pay filing fee  
  Evidence in relation to proceedings mentioned in  this Division  is not taken to be 
validly filed unless the party filing the evidence:  
 (a) gives a copy of the evidence to each other party; and  
 (b) includes, with the evidence being filed, a statement setting out when and 
how a copy was given to each other party; and  
 (c) pays the fee prescribed by section  55. 
52  Withdrawal of application  
  If the applicant under paragraph  40RE(1)(b) of the Act withdraw s the application 
before the Registrar of Trade Marks makes a decision under subsection  40RE(1) 
of the Act , the Registrar of Trade Marks must : 
 (a) notify the other parties in writing; and  
 (b) continue the proceedings if requested to do so by another part y, in writing, 
no later than 1 month after the date of the notice.  
Note:  If no party makes a request, the Registrar of Trade Marks must decide that the ground 
of objection continues to exist: see section  53. 
53  Decision by Registrar  of Trade Marks  
 (1) Subject to this section, t he Registrar of Trade Marks must, as soon as practicable 
after all periods for the filing of evidence or requesting conduct of a hearing have 
ended (and, if a hearing is requested, after the hearing has been held) , make a 
decision  under subsection  40RE(1) of the Act by considering:  
 (a) the evidence filed  by the parties; and  
 (b) if a hearing has been held —representations and material from the hearing 
and any written submissions by the parties; and  
 (c) any other matter that the Re gistrar of Trade Marks considers  relevant.     
Determination of Australian GIs   Part 6  
Decision that ground of objection to proposed GI no longer exists   Division 3  
 
Section  54 
 
 Wine Australia Regulations  2018  31 
OPC62839 - A  (2) If: 
 (a) the objection r elates  to a registered trade mark; and  
 (b) the registered trade mark is the subject of removal or cancellation 
proceedings;  
the Registrar of Trade Marks must not make a decision under  
subsection  40RE(1) of the Act until the removal or cancellation proceedings are 
complete.  
 (3) The Registrar of Trade Marks must decide that the ground of objection continues 
to exist if no party files evidence within the period mentioned in 
paragraph  47(1)(c). 
 (4) The Registrar of Trade Marks must decide that the ground of objection continues 
to exist if:  
 (a) the applicant under paragraph  40RE(1)(b) of the Act withdraws the 
application; and  
 (b) no other party makes a request to continue the proceedings  under 
section  52 of this instrument . 
54  Notice of decision  
 (1) The Registrar of Trade Marks must, in writing, inform the Geographical 
Indications Committee and each party of the Registrar  of Trade Mark ’s decision.  
 (2) After receiving notice of a decisi on from the Registrar  of Trade Marks , the 
Presiding Member of the Committee must publish a notice:  
 (a) setting out the proposed GI; and  
 (b) stating that a decision of the Registrar of Trade Marks has been made in 
relation to the proposed GI; and  
 (c) setting out the terms of the decision.  
 (3) The notice under subsection  (2) is to be published in the manner that the 
Committee thinks appropriate.  
55  Fees  
  In proceedings mentioned in this Division, the fee specified in column 2 of an 
item in the following  table is payable to the Registrar of Trade Marks in respect 
of a matter specified in column 1 of the item.  
 
Fees for proceedings mentioned in this Division  
 Column 1  Column 2  
Item  Matter  Fee 
1 Dealing with an application made under 
paragraph  40RE(1)(b)  of the Act  $500  
2 Filing evidence under section  47, 48 or 49 (that is, 
evidence in support, evidence in answer or new evidence)  $375  
3 Requesting a hearing under section  50 $500  
4 Attendance at  a hearing  $500 per day or part of a day , but 
any amount paid by the party    
Part 6   Determination of Australian GIs  
Division 3   Decision that ground of objection to proposed GI no longer exists  
 
Section  56 
 
32 Wine Australia Regulations  2018   
OPC62839 - A Fees for proceedings mentioned in this Division  
 Column 1  Column 2  
Item  Matter  Fee 
under item  3 in relation to the 
hearing is deducted from the total  
5 Applying to file new evidence under section  49 $100  
56  Costs  
  The Registrar of Trade Marks must not  make an order for costs in proceedings 
mentioned in this Division .    
Determination of Australian GIs   Part 6  
Criteria for determining Australian GIs   Division 4  
 
Section  57 
 
 Wine Australia Regulations  2018  33 
OPC62839 - A Division  4—Criteria for determining Australian GIs  
57  Criteria for determining geographical indications  
Determining the area and identifying its boundaries  
 (1) For the purposes of subsection  40T(2) of the Act, the Geographical Indications 
Committee is to have regard to the following criteria in deciding whether to 
determine an area, and in identifying the boundaries of the area:  
 (a) whether the area usually produces at least 500 tonnes of wine grapes in a 
year;  
 (b) whether the area includes at least 5  wine grape vineyards of at least 5 
hectares each that do not have any common ownership (whether or not it 
also includes smaller vineyards);  
 (c) whether the area is a single tract of land;  
 (d) the degree to which the grape growing attributes of the area are: 
 (i) uniform; and  
 (ii) different from the grape growing attributes of neighbouring areas;  
 (e) the history of the founding and development of the area (as ascertained 
from local government records, newspaper archives, books, maps or other 
relevant material);  
 (f) natural features within or near the area, including rivers, valleys, hills and 
other topographical features;  
 (g) constructed features within or near the area, including roads, railways, 
towns and buildings;  
 (h) if an application was made to the Committee under section  40R of the 
Act—the boundary of the area suggested in the application;  
 (i) the degree to which the geological formation of the area is:  
 (i) uniform; and  
 (ii) different from the geological formation of neighbouring areas;  
 (j) the degree to which the climate of the area is uniform, having regard to the 
temperature, atmospheric pressure, humidity, rainfall, number of hours of 
sunshine and any other weather conditions experienced in the area 
throughout the year;  
 (k) whether th e date on which harvesting a particular variety of wine grapes is 
expected to begin in the area is the same as the date on which harvesting 
grapes of the same variety is expected to begin in neighbouring areas;  
 (l) whether all of the area is within a natu ral drainage basin;  
 (m) whether water is available from an irrigation scheme:  
 (i) to a similar extent throughout the area; and  
 (ii) to a different extent compared to availability in neighbouring areas;  
 (n) the degree to which the elevation of the area is: 
 (i) uniform; and  
 (ii) different from the elevation of neighbouring areas;  
 (o) whether there are any plans for the development of the area proposed by 
Commonwealth, State or municipal authorities and , if so, whether the    
Part 6   Determination of Australian GIs  
Division 4   Criteria for dete rmining Australian GIs  
 
Section  57 
 
34 Wine Australia Regulations  2018   
OPC62839 - A development would affect the u niformity of the area or its distinctness from 
neighbouring areas;  
 (p) whether there are any relevant traditional divisions within the area;  
 (q) whether there is a common history of grape and wine production in the 
area, and whether this differs from the  history in neighbouring areas.  
 Note:  In determining a geographical indication under subsection  40Q(1) of the Act, the 
Committee is not prohibited under the Act from having regard to any other relevant 
matters.  
 (2) For the purposes of paragraph  (1)(b), a  wine grape vineyard  means a single 
parcel of land that is planted with wine grapes and operated as a single entity by:  
 (a) the owner; or  
 (b) a manager on behalf of the owner or a lessee (regardless of the number of 
lessees).  
 (3) In considering the degr ee of uniformity of an area with respect to attributes 
mentioned in subsection  (1), the Committee is to have regard to the size of the 
area.  
 (4) In deciding whether to determine an area that:  
 (a) is part of a larger area for which a geographical indicati on has previously 
been determined; or  
 (b) includes a smaller area for which a geographical indication has previously 
been determined;  
the Committee is to have regard to the degree of uniformity of the smaller of the 
2 areas compared to the larger, and the  distinct attributes of the smaller area.  
 (5) Without limiting the way in which the Committee may identify the boundaries of 
an area, the Committee may use:  
 (a) ordinance survey map grid references; or  
 (b) local government boundary maps.  
Determining the  indication to be used  
 (6) For the purposes of subsection  40T(2) of the Act, the Committee is to have 
regard to the following criteria in determining a word or expression as the 
indication to be used to indicate an area:  
 (a) any history relating to the w ord or expression;  
 (b) whether, and to what extent, the word or expression is known to wine 
retailers beyond the boundaries of the area;  
 (c) whether, and to what extent, the word or expression has been traditionally 
used in the area or elsewhere;  
 (d) the appropriateness of the word or expression.  
 Note:  In determining a geographical indication under subsection  40Q(1) of the Act, the 
Committee is not prohibited under the Act from having regard to any other relevant 
matters.     
Determination of foreign GIs and translations of foreign GIs   Part 7  
Preliminary   Division 1  
 
Section  58 
 
 Wine Australia Regulations  2018  35 
OPC62839 - A Part  7—Determination of foreign  GIs and translations of 
foreign GIs  
Division  1—Preliminary  
58  Simplified outline of this Part  
This Part sets out the procedure for including geographical indications that relate 
to foreign countries on the Register of Protected Geographi cal Indications a nd 
Other Terms . Translations of foreign geographical indications can also be 
included on the Register.  
The procedure is as follows:  
 
Decisions of the Registrar of Trade Marks can be appealed to the Federal Court  
(see Division  5). The final determination o f the Geographic Indications 
An application for determination of a GI or translation is made to the Geographical Indications 
Committee.
An objection to the proposal may be made to the Registrar of Trade Marks on grounds relating 
to trade mark rights or existing usage of the proposed term (see Division 2).
Is an objection made? 
Does the Registrar of Trade Marks 
decide that the ground of objection is 
made out (see Division 3)?
Do any of the following occur?
(a) the person who made the objection 
agrees to the inclusion of the proposed 
GI or proposed translation in the 
Register;
(b) the Registrar of Trade Marks makes a 
recommendation to the Geographical 
Indications Committee that it proceed 
despite the objection;
(c) the Registrar of Trade Marks later 
decides that the ground of objection no 
longer exists (see Division 4).The Geographical Indications Committee 
may make an interim determination (see 
Division 6).
The Geographical Indications Committee 
must invite submissions on the interim 
determination.
The Geographical Indications Committee 
may make a final determination to 
include the proposed GI or proposed 
translation in the Register.The Geographical Indications Committee 
cannot decide to include the proposed 
GI or proposed translation in the 
Register.YesYes
Yes NoNo
No   
Part 7   Determination of foreign GIs and translations of foreign GIs  
Division 1   Preliminary  
 
Section  59 
 
36 Wine Australia Regulations  2018   
OPC62839 - A Committee is reviewable by the Administrative Appeals Tribunal  (see 
section  98). 
59  Purpose of Part  
  For the purposes of subsection  40ZAQ(1) of the Act, this Part (other than 
Division  5) makes provision for the determination of geographical indications, 
and translations of geographical indications, in relation to wine originating in a 
foreign country.  
60  Applications for determination  
 (1) A person may apply in writing to the Geographical Indications Committee for 
the determination of a GI in relation to a foreign country or a region or locality in 
a foreign country.  
 (2) A person may apply in writing to the Committee for the determination of a 
translation of a GI in relation to a foreign country or a region or locality  in a 
foreign country.  
 (3) An application under subsection  (2) for the determination of a translation of a GI 
may be made:  
 (a) after the GI is registered; or  
 (b) at the same time as an application under subsection  (1) for the 
determination of the GI.     
Determination of foreign GIs and translations of foreign GIs   Part 7  
Objections to determination of foreign GIs and translations of foreign GIs   Division 2  
 
Section  61 
 
 Wine Australia Regulations  2018  37 
OPC62839 - A Division  2—Objection s to determination of foreign GIs and 
translations of foreign GIs  
61  Notice to be given of proposed foreign GI or translation of foreign GI  
 (1) The Presiding Member of the Geographical Indications Committee must publish 
a notice if:  
 (a) an application has been made under sub section  60(1) for the determination 
of a GI (the proposed item ); or 
 (b) an application has been made under sub section  60(2) for the determination 
of a translation of a GI (the proposed item ). 
 (2) The notice must:  
 (a) set out the proposed item; and  
 (b) invite persons to make written objections to the Registrar of Trade Marks 
in relation to the proposed item on a ground set out in section  62; and  
 (c) invite the objections to be made within the period of not less than 1 month 
stated in the notice.  
 (3) If applications for determination of a GI and translation of the GI are made at the 
same time, the Presiding Member may publish a single notice in relation to both 
applications.  
62  Grounds of objection to determinat ion of foreign GI or translation of foreign 
GI 
Registered owner of a registered trade mark  
 (1) The registered owner of a registered trade mark may object to the determination 
of a proposed item on one of the following grounds:  
 (a) that the trade mark con sists of a word, expression or other indication that is 
identical to the proposed item;  
 (b) that: 
 (i) the trade mark consists of a word, expression or other indication; and  
 (ii) the proposed item is likely to cause confusion with that word, 
expression o r other indication;  
 (c) that: 
 (i) the trade mark contains a word, expression or other indication; and  
 (ii) the proposed item is likely to cause confusion with that word, 
expression or other indication; and  
 (iii) the owner has trade mark rights in that word, expression or other 
indication.  
 (2) The owner may object on the ground specified in paragraph  (1)(c) even if there 
are conditions or limitations entered on the Register of Trade Marks suggesting 
that the owner does not have trade mark rights to that  word, expression or other 
indication.     
Part 7   Determination of foreign GIs and translations of foreign GIs  
Division 2   Objections to determination of foreign GIs and transla tions of foreign GIs  
 
Section  62 
 
38 Wine Australia Regulations  2018   
OPC62839 - A Trade mark pending  
 (3) If a person has an application pending for the registration of a trade mark under 
the Trade Marks Act 1995, the person may object to the determination of a 
proposed item on one of the following  grounds:  
 (a) that: 
 (i) the application was made in good faith; and  
 (ii) the trade mark consists of a word, expression or other indication that 
is identical to the proposed item; and  
 (iii) it appears that the requirements under the Trade Marks Act 1995  for 
accepting an application for registration of a trade mark would be 
satisfied in respect of the trade mark applied for;  
 (b) that: 
 (i) the application was made in good faith; and  
 (ii) the trade mark consists of a word, expression or other indication;  and 
 (iii) the proposed item is likely to cause confusion with that word, 
expression or other indication; and  
 (iv) it appears that the requirements under the Trade Marks Act 1995 for 
accepting an application for registration of a trade mark would be 
satisfied in respect of the trade mark applied for;  
 (c) that: 
 (i) the application was made in good faith; and  
 (ii) the trade mark contains a word, expression or other indication; and  
 (iii) the proposed item is likely to cause confusion with that word, 
expression or other indication; and  
 (iv) it appears that the requirements under the Trade Marks Act 1995 for 
accepting an application for registration of a trade mark would be 
satisfied in respect of the trade mark applied for; and  
 (v) after registration, th e applicant would have trade mark rights in the 
word, expression or other indication.  
Trade mark not registered  
 (4) If a person claims to have trade mark rights in a trade mark that is not registered, 
the person may object to the determination of a propos ed item on one of the 
following grounds:  
 (a) that: 
 (i) the trade mark consists of a word, expression or other indication that 
is identical to the proposed item; and  
 (ii) the person has trade mark rights in that word, expression or other 
indication; and  
 (iii) the rights were acquired through use in good faith;  
 (b) that: 
 (i) the trade mark consists of or contains a word, expression or other 
indication; and  
 (ii) the proposed item is likely to cause confusion with that word, 
expression or other indication; and     
Determination of foreign GIs and translations of foreign GIs   Part 7  
Objections t o determination of foreign GIs and translations of foreign GIs   Division 2  
 
Section  62 
 
 Wine Australia Regulations  2018  39 
OPC62839 - A  (iii) the person has trade mark rights in that word, expression or other 
indication; and  
 (iv) the rights were acquired through use in good faith.  
Common use  
 (5) A person may object to the determination of a proposed item on the ground th at 
the proposed item is used in Australia:  
 (a) as the common name of a type or style of wine; or  
 (b) as the name of a variety of grapes.     
Part 7   Deter mination of foreign GIs and translations of foreign GIs  
Division 3   Consideration of objections to determination of foreign GIs or translation of foreign GIs  
 
Section  63 
 
40 Wine Australia Regulations  2018   
OPC62839 - A Division  3—Consideration of objections  to determination of foreign 
GIs or translation of foreign GI s 
63  Application of this Division  
  This Division sets out the procedure to be followed if:  
 (a) the Registrar of Trade Marks receives an objection in relation to a proposed 
item on a ground that is set out in section  62; and  
 (b) the objection is received wi thin the period stated in the notice published 
under section  61 in relation to the proposed item . 
64  Notice of objection  
  The Registrar of Trade Marks must notify the Geographical Indications 
Committee in writing of the receipt and terms of the objection . 
65  Parties to proceedings  
  Each of the following is a party  in relation to consideration of the objection:  
 (a) the person who made the objection;  
 (b) the applicant under section  60 for determination  of the proposed item.  
66  Evidence  in relation to g round of objection and recommendation  
 (1) The Registrar of Trade Marks must send each party a written notice that:  
 (a) gives the name and address of the other party; and  
 (b) invites the party to file evidence  relevant to whether the Registrar of Trade 
Marks should:  
 (i) decide the ground of objection is or is not made out; or  
 (ii) recommend to the Geographical Indications Committee that the 
proposed GI be determined despite the objection having been made 
out; and 
 (c) states that any evidence must be filed in the period of 3 months  from the 
date of the notice.  
 (2) The Registrar of Trade Marks must not send the notices until:  
 (a) the Registrar of Trade Marks has notified the Geographical Indications 
Committee  of the objection under section  64; and  
 (b) the person who made the objection has paid the fee prescribed by 
section  74 for dealing with the objection.  
67  Evidence in answer  
 (1) If a party  files evidence in response to a notice sent under section  66, the 
Registrar of Trade Marks must send the other party a written notice that:  
 (a) invites the other party to file evidence in answer; and  
 (b) states the period from the date of the notice in which evidence in answer 
may be filed.  
 (2) The period stated for  the purposes of paragraph  (1)(b) must be at least 2 months.     
Determination of foreign GIs and translations of foreign GIs   Part 7  
Consideration of objections to determination of foreign GIs or translation of foreign GIs   Division 3  
 
Section  68 
 
 Wine Australia Regulations  2018  41 
OPC62839 - A  (3) The Registrar of Trade Marks must also notify both parties, in writing, of the 
date by which a request for a hearing under section  69 must be made.  
68  New evidence  
 (1) A party may apply to  the Registrar of Trade Marks, in writing, to file new 
evidence:  
 (a) after the end of a period specified by the Registrar of Trade Marks for the 
party to file  evidence; and  
 (b) before the Registrar of Trade Marks makes a decision under section  71. 
 (2) An application must : 
 (a) be accompanied by the fee prescribed by section  74; and 
 (b) include a statement:  
 (i) describing the new evidence; and  
 (ii) giving the reasons why the new evidence was not filed within the 
specified period.  
 (3) If, after consid ering the application, the Registrar of Trade Marks decides that it 
is reasonable to allow the filing of the new evidence, he or she must : 
 (a) set a date by which the new evidence must be filed ; and 
 (b) notify the applying party of the date in writing.  
 (4) If the Registrar of Trade Marks decides that it is not reasonable to allow the 
filing of the new evidence, he or she must notify the applying party in writing 
that new evidence may not be filed.  
Evidence in answer to new evidence  
 (5) If the new eviden ce is filed by the date set under  subsection  (3), the Registrar of 
Trade Marks must send a written notice to the other party that: 
 (a) tells the other party  that the new evidence is filed ; and 
 (b) sets a reasonable period for the party to file evidence i n answer to it.  
 (6) The Registrar of Trade Marks must also notify both parties, in writing, of the 
date by which a request for a hearing under section  69 must be made.  
69  Hearing and submissions  
 (1) If at least one notice is given under section  67 or subsection  68(5), any party may 
ask the Registrar of Trade Marks to conduct a hearing.  
 (2) The request must be made in writing to the Registrar of Trade Marks no later 
than 1 month after the last day on which evidence may be filed in accordance 
with a ny notice given under section  67 or subsection  68(5). 
 (3) The request must be accompanied by the fee prescribed by section  74. 
 (4) If the Registrar of Trade Marks receives a request in accordance with 
subsections  (1) to (3), he or she must:  
 (a) send eac h party a written notice that:  
 (i) informs the party a hearing will be held; and     
Part 7   Determination of foreign GIs and translations of foreign GIs  
Division 3   Consideration of objections to determination of foreign GIs or translation of foreign GIs  
 
Section  70 
 
42 Wine Australia Regulations  2018   
OPC62839 - A  (ii) invites written submissions to be made before the hearing; and  
 (b) conduct a hearing.  
 (5) If: 
 (a) the objection was made on a ground mentioned in subsection  62(1); a nd 
 (b) the registered trade mark concerned is the subject of removal or 
cancellation proceedings;  
the Registrar of Trade Marks must not conduct the hearing until the removal or 
cancellation proceedings are complete.  
 (6) The fee prescribed by section  74 for attendance at a hearing is payable by each 
party that attends the hearing.  
70  Parties must give copies of evidence to each other and pay filing fee  
  Evidence in relation to proceedings mentioned in  this Division is not taken to be 
validly filed unless the party filing the evidence:  
 (a) gives a copy of the evidence to the other party; and  
 (b) includes, with the evidence being filed, a statement setting out when and 
how a copy was given to the other  party; and  
 (c) pays the fee prescribed by section  74. 
71  Decision by Registrar of Trade Marks  
 (1) Subject to this section, t he Registrar of Trade Marks must, as soon as practicable 
after all periods for the filing of evidence or requesting conduct of a  hearing have 
ended (and, if a hearing is requested, after the hearing has been held),  make a 
decision in writing whether the ground of objection is or is not made out by 
considering:  
 (a) the notice published under section  61; and  
 (b) the objection; and  
 (c) the evidence filed  by the parties; and  
 (d) if a hearing has been held —representations and material from the hearing 
and any written submissions by the parties; and  
 (e) any other matter that the Registrar of Trade Marks  considers relevant.  
 (2) If: 
 (a) the objection was made on a ground mentioned in subsection  62(1); and  
 (b) the registered trade mark concerned is the subject of removal or 
cancellation proceedings;  
the Registrar of Trade Marks must not make a decision under subsection  (1) until 
the removal or cancellation proceedings are complete.  
 (3) The Registrar of Trade Marks must decide that the ground of objection is not 
made out if:  
 (a) the person objecting to the proposed item does not file any evidence within 
the period mentioned in paragra ph 66(1)(c); or  
 (b) the person objecting to the proposed item withdraws the notice of objection 
before the Registrar of Trade Marks makes a decision about the objection.     
Determinati on of foreign GIs and translations of foreign GIs   Part 7  
Consideration of objections to determination of foreign GIs or translation of foreign GIs   Division 3  
 
Section  72 
 
 Wine Australia Regulations  2018  43 
OPC62839 - A 72  Recommendation by Registrar of Trade Marks to determine foreign GI or 
translation  of foreign GI despite objection being made out  
 (1) If: 
 (a) the Registrar of Trade Marks decides that the ground of objection is made 
out; and  
 (b) the Registrar of Trade Marks is satisfied that it is reasonable in the 
circumstances to recommend to the G eographical Indications Committee 
that the proposed item be determined despite the objection having been 
made out;  
the Registrar of Trade Marks may make that recommendation to the Committee 
in writing.  
Note 1:  For example, it may be reasonable for the Registrar of Trade Marks to make such a 
recommendation if the Registrar of Trade Marks is satisfied that the proposed item was 
in use in Australia before the trade mark rights arose.  
Note 2:  If a recommendation is made under this section , the Committee may  determine a GI or 
a translation of a GI : see sub section  90(5). 
 (2) In determining whether it is reasonable in the circumstances to make the 
recommendation, the Registrar of Trade Marks must have regard to Australia’s 
international obligations.  
73  Notice  of decision  
 (1) The Registrar of Trade Marks must, in writing, inform the Geographical 
Indications Committee and each party of the Registrar of Trade Marks’s decision 
in relation to the objection under section  71 and any recommendation that has 
been made  under section  72. 
 (2) After receiving notice of a decision, the Presiding Member of the Committee 
must publish a notice:  
 (a) setting out the proposed item; and  
 (b) stating that a decision of the Registrar of Trade Marks has been made in 
relation to the  proposed item; and  
 (c) setting out the terms of the decision made under section  71 and any 
recommendation made under section  72 in relation to the proposed item.  
 (3) The notice under subsection  (2) is to be published in the manner that the 
Committee thinks appropriate.  
74  Fees  
  In proceedings mentioned in this Division, the fee specified in column 2 of an 
item in the following table is payable to the Registrar of Trade Marks in respect 
of a matter specified in column 1 of the item.  
 
Fees for proceed ings mentioned in this Division  
 Column 1  Column 2  
Item  Matter  Fee 
1 Dealing with an objection  $500     
Part 7   Determination of foreign GIs and translations of foreign GIs  
Division 3   Consideration of objections to determination of foreign GIs or translation of foreign GIs  
 
Section  75 
 
44 Wine Australia Regulations  2018   
OPC62839 - A Fees for proceed ings mentioned in this Division  
 Column 1  Column 2  
Item  Matter  Fee 
2 Filing evidence under section  66, 67 or 68 (that is, 
evidence in support, evidence in answer or new evidence)  $375  
3 Requesting a hearing under section  69 $500  
4 Attend ance at  a hearing  $500 per day or part of a day , but 
any amount paid by the party 
under item  3 in relation to the 
hearing is deducted from the total  
5 Applying to file new evidence under section  68 $100  
75  Costs  
  The Registrar of Trade Marks must not  make an order for costs in proceedings 
mentioned in this Division.     
Determination of foreign GIs and translations of foreign GIs   Part 7  
Decision that ground of objection to proposed item no longe r exists   Division 4  
 
Section  76 
 
 Wine Australia Regulations  2018  45 
OPC62839 - A Division  4—Decision that ground of objection to proposed item no 
longer exists  
76  Application for decision  
  If the Registrar of Trade Marks has made a decision under section  71 that a 
ground of objection to a proposed item has been made out, a person may apply in 
writing to the Registrar of Trade Marks for a decision that circumstances have 
changed since that decision was made, such that the ground of objection no 
longer exists.  
77  Notice of application  
  If the Registrar of Trade Marks receives an application under section  76, the 
Registrar of Trade Marks must notify the Geographical Indications Committee in 
writing of the receipt and terms of the app lication.  
78  Parties to proceedings  
  Each of the following is a party  in relation to determination of an application 
under section  76: 
 (a) the person who ma de the application ; 
 (b) if the objection was made on a ground in sub section  62(1), (3) or (4) —the 
owner of the trade mark concerned;  
 (c) if the objection was made on a ground in sub section  62(5)—the person 
who made the objection;  
 (d) if the applicant for the determination of the proposed item was not the 
person mentioned in paragraph  (a)—the applicant for the determination  of 
the proposed item . 
79  Evidence  relevant to whether ground of objection no longer exists  
 (1) The Registrar of Trade Marks must send each party a written notice that:  
 (a) gives the name and address of each other party; and 
 (b) invites the party to file evidence  relevant to whether the Registrar of Trade 
Marks should decide that the ground of objection no longer exists ; and  
 (c) states that any evidence must be filed in the period of 3 months  from  the 
date of the notice.  
 (2) The Registrar of Trade Marks must not send the notices until:  
 (a) the Registrar of Trade Marks has notified the Geographical Indications 
Committee of the application under section  77; and  
 (b) the person who made the application under section  76 has paid the fee 
prescribed by section  87 for dealing with the application.  
80  Evidence in answer  
 (1) If a party  files evidence in response to a notice sent under section  79, the 
Registrar of Trade Marks must send each other party a written notice that:  
 (a) invites the other party to file evidence in answer ; and     
Part 7   Determination of foreign GIs and translations of foreign GIs  
Division 4   Decision th at ground of objection to proposed item no longer exists  
 
Section  81 
 
46 Wine Australia Regulations  2018   
OPC62839 - A  (b) states the period from the date of the notice in which evidence in answer 
may be filed.  
 (2) The period stated for the purposes of paragraph  (1)(b) must be at least 2 months.  
 (3) The Registrar  of Trade Marks must also notify all parties, in writing, of the date 
by which a request for a hearing under section  82 must be made.  
81  New evidence  
 (1) A party may apply to the Registrar of Trade Marks, in writing, to file new 
evidence:  
 (a) after the end of a period specified by the Registrar of Trade Marks for the 
party to file  evidence; and  
 (b) before the Registrar of Trade Marks makes a decision under section  85. 
 (2) An application must : 
 (a) be accompanied by the fee prescribed by section  87; and 
 (b) include a statement:  
 (i) describing the new evidence; and  
 (ii) giving the reasons why the new evidence was not filed within the 
specified period.  
 (3) If, after considering the application, the Registrar of Trade Marks decides that it 
is reasonable to allow the filing of the new evidence, he or she must : 
 (a) set a date by which the new evidence must be filed ; and 
 (b) notify the applying party of the da te in writing.  
 (4) If the Registrar of Trade Marks decides that it is not reasonable to allow the 
filing of the new evidence, he or she must notify the applying party in writing 
that new evidence may not be filed.  
Evidence in answer to new evidence  
 (5) If the new evidence is filed by the date set under subsection  (3), the Registrar of 
Trade Marks must send a written notice to the other parties that:  
 (a) tells the other parties that the new evidence is filed; and  
 (b) sets a reasonable period for the part ies to file evidence in answer to it.  
 (6) The Registrar of Trade Marks must also notify all parties, in writing, of the date 
by which a request for a hearing under section  82 must be made.  
82  Hearing and submissions  
 (1) If at least one notice is given u nder section  80 or subsection  81(5), any party may 
ask the Registrar of Trade Marks to conduct a hearing.  
 (2) The request must be made in writing to the Registrar of Trade Marks no later 
than 1 month after the last day on which evidence may be filed in ac cordance 
with any notice given under section  80 or subsection  81(5). 
 (3) The request must be accompanied by the fee prescribed by section  87.    
Determination of foreign GIs and translations of foreign GIs   Part 7  
Decision that ground of objection to proposed item no longer exists   Division 4  
 
Section  83 
 
 Wine Australia Regulations  2018  47 
OPC62839 - A  (4) If the Registrar of Trade Marks receives a request under subsection  (1), he or she 
must:  
 (a) send each part y a written notice that:  
 (i) informs the party a hearing will be held; and  
 (ii) invites written submissions to be made before the hearing; and  
 (b) conduct a hearing.  
 (5) If: 
 (a) the objection relates to a registered trade mark; and  
 (b) the registered  trade mark is the subject of removal or cancellation 
proceedings;  
the Registrar of Trade Marks must not conduct a hearing until the removal or 
cancellation proceedings are complete.  
 (6) The fee prescribed by section  87 for attendance at a hearing is payable by each 
party that attends the hearing.  
83  Parties must give copies of evidence to each other  and pay filing fee  
  Evidence in relation to proceedings mentioned in  this Division is not taken to be 
validly filed unless the party filing the evidence:  
 (a) gives a copy of the evidence to each other party; and  
 (b) includes, with the evidence bein g filed, a statement setting out when and 
how a copy was given to each oth er party; and  
 (c) pays the fee prescribed by section  87. 
84  Withdrawal of application  
  If the applicant under section  76 withdraws the application before the Registrar 
of Trade Marks makes a decision under section  85, the Registrar of Trade Marks 
must : 
 (a) notify the other parties in writing; and  
 (b) continue the proceedings if requested to do so by another party, in writing, 
no later than 1 month after the date of the notice.  
Note:  If no party makes a request, the Registrar of Trade Marks must decide that the ground 
of objection continues to exist: see section  85. 
85  Decision by Registrar of Trade Marks  
 (1) Subject to this section, t he Registrar of Trade Marks must, as soon as practicable 
after all periods for the filing of evidence or requesting con duct of a hearing have 
ended (and, if a hearing is requested, after the hearing has been held),  decide 
whether the ground of objection no longer exists by considering:  
 (a) the evidence filed  by the parties; and  
 (b) if a hearing has been held —representations and material from the hearing 
and any written submissions by the parties; and  
 (c) any other matter that the Registrar of Trade Marks considers  relevant.  
 (2) If: 
 (a) the objection relates to a registered trade mark; and     
Part 7   Determination of foreign GIs and translations of foreign GIs  
Division 4   Decision that ground of objection to proposed item no longer exists  
 
Section  86 
 
48 Wine Australia Regulations  2018   
OPC62839 - A  (b) the registere d trade mark is the subject of removal or cancellation 
proceedings;  
the Registrar of Trade Marks must not make a decision under subsection  (1) until 
the removal or cancellation proceedings are complete.  
 (3) The Registrar of Trade Marks must decide that th e ground of objection continues 
to exist if no party files evidence within the period mentioned in 
paragraph  79(1)(c). 
 (4) The Registrar of Trade Marks must decide that the ground of objection continues 
to exist if:  
 (a) the applicant under section  76 withdraws the application; and  
 (b) no other party makes a request to continue the proceedings  under 
section  84. 
86  Notice of decision  
 (1) The Registrar of Trade Marks must, in writing, inform the Geographical 
Indications Committee and each party of the  Registrar of Trade Marks’s 
decision.  
 (2) After receiving notice of a decision from the Registrar of Trade Marks, the 
Presiding Member of the Committee must publish a notice:  
 (a) setting out the proposed item; and  
 (b) stating that a decision of the Regi strar of Trade Marks has been made in 
relation to the proposed item; and  
 (c) setting out the terms of the decision.  
 (3) The notice under subsection  (2) is to be published in the manner that the 
Committee thinks appropriate.  
87  Fees  
  In proceedings ment ioned in this Division, the fee specified in column 2 of an 
item in the following table is payable to the Registrar of Trade Marks in respect 
of a matter specified in column 1 of the item.  
 
Fees for proceedings mentioned in this Division  
 Column 1  Column 2 
Item  Matter  Fee 
1 Making an application for a decision under section  76 $500  
2 Filing evidence under section  79, 80 or 81 (that is, 
evidence in support, evidence in answer or new evidence)  $375  
3 Requesting a hearing under section  82 $500  
4 Attendance at a hearing  $500 per day or part of a day,  but 
any amount paid by the party 
under item  3 in relation to the 
hearing is deducted from the total  
5 Applying to file new evidence under section  81 $100     
Determination of foreign GIs and translations of foreign GIs   Part 7  
Decision that ground of objection to proposed item no longer exists   Division 4  
 
Section  88 
 
 Wine Australia Regulations  2018  49 
OPC62839 - A 88  Costs  
  The Registrar of Trade Marks must  not make an order for costs in proceedings 
mentioned in this Division.     
Part 7   Determination of foreign GIs and translations of foreign GIs  
Division 5   Appeals against decisions of Registrar of Trade Marks  
 
Section  89 
 
50 Wine Australia Regulations  2018   
OPC62839 - A Division  5—Appeals against decisions of Registrar of Trade Marks  
89  Decisions appellable to Federal Court  
  For the purposes of subsection  40ZAR(1) of the Act, decisions of the Regist rar 
of Trade Marks made under the following provisions of this instrument are 
prescribed:  
 (a) subsection  71(1) (a decision that a ground of objection is or is not made 
out);  
 (b) subsection  72(1) (a recommendation that a proposed item be determined or 
a refusal to make such a recommendation);  
 (c) subsection  85(1) (a decision that a ground of objection no longer exists or a 
refusal to make such a decision).     
Determination of foreign GIs and translations of foreign GIs   Part 7  
Determination of foreign GIs and translations of foreign GIs   Division 6  
 
Section  90 
 
 Wine Australia Regulations  2018  51 
OPC62839 - A Division  6—Determination of foreign GIs and translations of foreign 
GIs 
90  When Geographical Indications Committee may proceed to make a 
determination  
 (1) The Geographical Indications Committee may determine a GI or translation of a 
GI if no objection on a ground set out in section  62 was made to the proposed 
item within the p eriod stated in the notice published under section  61 in relation 
to the proposed item . 
 (2) If an objection was made , the Committee:  
 (a) must not proceed to make a determination until the Committee has, in 
accordance with subsection  73(2), published a notice of the Registrar of 
Trade Mark’s decision on the objection ; and  
 (b) may only make a determination in the circumstances set out in the 
following sub section s. 
Ground of objection not made out  
 (3) The Committee may determine a GI or translation of a GI that was the subject of 
a decision under section  71 if: 
 (a) all appeals against, or reviews of, the decision in relation to the proposed 
item have been finalised; and  
 (b) the decision standing after the appeals and reviews have been finalised is 
that a ground of objection has not been made out in relation to the proposed 
item.  
Ground of objection made out and person agrees to determination being made  
 (4) The Committee may determine a GI or translation of a GI that is the subject of a 
decision that a g round of objection has been made out, if the person who 
objected to the determination of the proposed item has agreed, by notice in 
writing given to the Committee, to the determination of the proposed item.  
Ground of objection made out and a recommendation  is made under section  72 
 (5) The Committee may determine a GI or translation of a GI that is the subject of a 
decision that a ground of objection has been made out, if:  
 (a) a recommendation has been made to the Committee under section  72 that 
the propos ed item should be determined despite the ground of objection 
having been made out; and  
 (b) all appeals against, or reviews of, the decision to make that 
recommendation have been finalised; and  
 (c) the decision standing after the appeals and reviews have been finalised is 
that the recommendation is made.  
Ground of objection made out and decision made under section  85 
 (6) The Committee may determine a GI or translation of a GI that is the subject of a 
decision that a ground of objection has been made out, if:    
Part 7   Determination of foreign GIs and translations of foreign GIs  
Division 6   Determination of foreign GIs and translations of foreign GIs  
 
Section  91 
 
52 Wine Australia Regulations  2018   
OPC62839 - A  (a) a decision has been made under section  85 that the ground of objection no 
longer exists; and  
 (b) all appeals against, or reviews of, the decision that the ground no longer 
exists have been finalised; and  
 (c) the decision standing after the appea ls and reviews have been finalised is 
that the ground no longer exists.  
No determination of translation without corresponding GI  
 (7) However, the Committee must not determine a translation of a GI if:  
 (a) the application for determination of the translat ion under sub section  60(2) 
was made at the same time as an application for determination of the GI 
was made under sub section  60(1); and  
 (b) the Committee is not permitted under this section  to proceed to determine 
the GI.  
91  Consultation by Geographical Indications Committee  
  In determining a GI or translation of a GI, the Geographical Indications 
Committee may consult any organisation or person it thinks appropriate.  
92  Determining foreign GIs  
 (1) In determining a GI, the Geographical Indications Comm ittee must:  
 (a) identify in the determination the boundaries of the area or areas in the 
region or locality to which the determination relates; and  
 (b) determine the indication to be used to indicate that area or those areas; and  
 (c) determine any conditions of use that are to be applicable to the GI.  
 (2) The Committee must not:  
 (a) determine a GI that is different from  the GI proposed in the application 
under sub section  60(1); or  
 (b) determine boundaries different from  those proposed in the appl ication.  
 (3) The Committee must have regard to whether the GI is protected by the laws of 
the country where the area is located.  
 (4) The Committee may have regard to any other matter it considers relevant.  
 (5) However, the Committee must not consider an y submission to the extent that the 
submission asserts a trade mark right in respect of the proposed GI.  
93  Determining translations  
 (1) In determining a translation of a GI, the Geographical Indications Committee 
must:  
 (a) identify the GI to which the translation relates; and  
 (b) determine the translation to be used; and  
 (c) determine any conditions of use that are to be applicable to the translation.     
Determination of foreign GIs and translations of foreign GIs   Part 7  
Determination of foreign GIs and translations of foreign GIs   Division 6 
 
Section  94 
 
 Wine Australia Regulations  2018  53 
OPC62839 - A  (2) The Committee must not determine a different translation to the translation that 
was proposed in  the application under sub section  60(2). 
 (3) The Committee : 
 (a) must  consider whether  the translation convey s or evoke s the significance of 
the GI to which it relates; and  
 (b) may consider any other matter it considers relevant.  
 (4) However, the Commit tee must not consider any submission to the extent that the 
submission asserts a trade mark right in respect of the proposed translation.  
94  Interim determination  
 (1) A determination by the Geographical Indications Committee under section  92 or 
93 is to be an interim determination in the first instance.  
 (2) An interim determination does not have effect.  
95  Publication of notice of interim determination  
 (1) The Presiding Member of the Geographical Indications Committee must publish 
a notice, stating tha t the interim determination has been made and setting out the 
terms of the determination, 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 less than 1 month that is 
stated in the notice.  
 (3) If interim determinations are made of both a GI and a translation of the GI, the 
Presiding Member may publish a single notice in relation to both determinations.  
96  Final determi nation  
  After considering any submissions made to it, the Geographical Indications 
Committee may make a final determination.  
97  Publication of notice of final determination  
 (1) The Presiding Member of the Geographical Indications Committee must publish 
a notice, stating that a final determination has been made and setting out the 
terms of the determination, in any manner that the Committee thinks appropriate.  
 (2) The Presiding Member of the Geographical Indications Committee must also 
give the notice to : 
 (a) the person who applied for the determination under section  60; and  
 (b) any person who made an objection to the proposed item that was 
considered by the Register o f Trade Marks under Division  3. 
 (3) The notice must include a statement to the effect  that: 
 (a) subject to the Administrative Appeals Tribunal Act 1975 , application 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     
Part 7   Determination of foreign GIs and translations of foreign GIs  
Division 6   Determination of foreign GIs and translations of foreign GIs  
 
Section  98 
 
54 Wine Australia Regulations  2018   
OPC62839 - A  (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 that person for a 
statement in writing setting out the findings on material questions of fact, 
referring to the evidence or ot her material on which those findings were 
based and giving the reasons for the determination; and  
 (c) if a decision has been made under section  71, 72 or 85 of this instrument  
before the final determination:  
 (i) no application to the Administrative Appeals Tribunal may be made 
in respect of that decision; and  
 (ii) an appeal lies to the Federal Court in respect of that decision under 
section  89 of this instrument . 
 (4) If final determinations are made of both a GI and a translation of the GI, the 
Presiding Member may publish a single notice in relation to both determinations.  
 (5) Any failure to comply with subsection  (3) in relation to a determination does not 
affect the validity of the determination.  
98  Review of final determination  
 (1) Applicatio ns may be made to the Administrative Appeals Tribunal for review of 
final determination s made by the Geographical Indications Committee  under 
section  96. 
Note:  Under section  89, an appeal lies to the Federal Court from a decision under section  71, 
72 or 85. 
 (2) Despite paragraph  29(1)(d) and subsection  29(2) of the Administrative Appeals 
Tribunal Act 1975 , an application to the Tribunal for review of a final 
determination must be made within 28  days after notice of the determination is 
published in accorda nce with section  97 of this instrument . 
 (3) Despite subsection  29(8) of the Administrative Appeals Tribunal Act 1975 , an 
application under subsection  29(7) of that Act in respect of a final determination 
must be made before the time fixed by subsection  (2) of this section ends.  
99  Date of effect of final determination  
 (1) The Presiding Member of the Geographical Indications Committee must give a 
copy of a final determination made under section  96 to the Registrar so that 
particulars of the determination can be included in the Register:  
 (a) if an application is made to the Administrative Appeals Tribunal under 
section  98 for review of the determination —as soon as practicable after the 
decision of the Tribunal on the review is given; or  
 (b) otherwise —as soon as practicable after the 28th day after notice of the 
determination is published in accordance with section  97. 
 (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 Cha ir of the 
Authority.  
 (3) A final determination of the Committee takes effect on the day on which 
particulars of the determination are included in the Register.     
Determination of foreign GIs and translations of for eign GIs   Part 7  
Determination of foreign GIs and translations of foreign GIs   Division 6  
 
Section  99 
 
 Wine Australia Regulations  2018  55 
OPC62839 - A  (4) However, a final determination in relation to a translation of a GI does not take 
effect, and particulars must not be included in the Register, if the GI to which it 
relates is not included in the Reg ister.     
Part 8   Omission from the Register of foreign GIs and translation s of foreign GIs  
Division 1   Preliminary  
 
Section  100 
 
56 Wine Australia Regulations  2018   
OPC62839 - A Part  8—Omission from the Register of foreign GIs and 
translations of foreign GIs  
Division  1—Preliminary  
100  Simplified outline of this Par t 
This Part sets out the procedure for omitting geographical indications that relate 
to foreign countries, and translations of those geographical indications, from the 
Register of Protected Geographi cal Indications and Other Terms . 
There are 2 grounds on w hich a person may apply to the Geographical 
Indications Commit tee for a decision to omit a GI. The first ground is that the GI 
is not in use, because wine is not being produced in the area to which the GI 
relates. The second ground is that the GI is no lon ger protected in the country of 
origin. Under both grounds, the Committee must also consider the use of the GI 
in the sale of wine in Australia.  
A person may also apply to the Committee for a separate decision to omit a 
translation, on the ground that the translation no longer conveys or evokes the 
significance of the GI for which it was registered.  
If it receives an application, the Committee must publish a notice inviting 
submissions.  
Determinations made by the Committee on the ground of non -use (for GIs)  or 
loss of significance (for translations) are reviewable by the Administrative 
Appeals Tribunal.  
101  Purpose of Part  
  For the purposes of subsection  40ZAT(1) of the Act, this Part provides for the 
omission from the Register of registered geographical i ndications, and registered 
translations of such indications, in relation to a foreign country or a region or 
locality in a foreign country.     
Omission from the Register of foreign GIs and translations of foreign GIs   Part 8 
Omission for non -use or loss of significance   Division 2  
 
Section  102 
 
 Wine Australia Regulations  2018  57 
OPC62839 - A Division  2—Omission for non -use or loss of significance  
102  Application for omission of foreign GI or translation o f foreign GI  
 (1) A person may apply to the Geographical Indications Committee to omit from the 
Register a GI in relation to a foreign country or a region or locality in a foreign 
country, on the ground that the GI is not in use.  
 (2) If an application is made to omit a GI from the Register, and a translation of that 
GI is included in the Register, the application is taken to be for omission of both 
the GI and the translation.  
 (3) A person may apply to the Committee  to omit a registered translation from th e 
Register on the ground that the translation no longer conveys or evokes the 
significance of the GI for which it was registered.  
103  Further information concerning application  
 (1) For the purposes of determining an application  made under section  102, the 
Geographical Indications Committee may, by notice in writing, require the 
applicant to provide such further information as the Committee directs, within 
the period specified in the notice.  
 (2) If the applicant does not comply with this requirement, the application is taken to 
have been withdrawn.  
 (3) The notice must include a statement about the effect of subsection  (2). 
104  Notice by Geographical Indications Committee  
  If the Geographical Indications Committee receives an application under 
section  102, the Presiding Member of the Committee must publish a notice in the 
manner that the Committee thinks appropriate:  
 (a) setting out the registered GI, registered translation of a GI, or both, that the 
application under section  102 relates to ; and  
 (b) stating that an application under section  102 has been made; and  
 (c) inviting persons to make written submissions to the Committee in relation 
to the application within the period of not less than 1 month that is stated in 
the notice.  
105  Determination b y Geographical Indications Committee  
 (1) After considering any submissions made to it in response to a notice under 
section  104, the Geographical Indications Committee must determine whether to 
omit the  registered GI, registered translation of a GI, or bo th, that the application 
under section  102 relates to.  
Omission of GI  
 (2) The Committee may, in writing, make a determination to omit a GI if the 
Committee is satisfied of the following matters:     
Part 8   Omission from the Register of foreign GIs and tran slations of foreign GIs  
Division 2   Omission for non -use or loss of significance  
 
Section  106 
 
58 Wine Australia Regulations  2018   
OPC62839 - A  (a) that the GI has been registered for more than 5  years b efore the date of the 
notice under section  104; 
 (b) that the GI has not been used during the 3  years before the date of the 
notice under section  104; 
 (c) that no special circumstances exist in relation to the country, region or 
locality indicated by the GI that would preclude the making of a 
determination to omit the  GI from the Register.  
 (3) For the purposes of paragraph  (2)(b), a GI has not been used if:  
 (a) there has not been a production of wine for commercial use originating in 
the country, region or locality indicated by the GI; and  
 (b) wine originating in the country, region or locality indicated by the GI has 
not been described and presented for sale in Australia using the GI or a 
registered translation of the GI; and  
 (c) wine originating in th e country, region or locality indicated by the GI has 
not been described and presented for sale in the country of origin using the 
GI or a registered translation of the GI.  
 (4) For the purposes of paragraph  (2)(c), special circumstances exist if:  
 (a) the country, region or locality indicated by the GI has been affected by fire, 
drought or some other disaster; and  
 (b) as a result of being so affected, there has not been a production of wine for 
commercial use originating in the country, region or locality  indicated by 
the GI during the 3  years immediately before the date of the notice under 
section  104. 
Omission of translation of GI  
 (5) The Committee may, in writing, make a determination to omit a translation of a 
GI if the Committee is satisfied that the  translation no longer conveys or evokes 
the significance of the GI for which it was registered.  
 (6) If the application under section  102 is for omission of both a GI and its 
translation, the Committee may make a determination to omit the translation 
without omitting the GI if the Committee is satisfied of the matter in 
subsection  (5) in relation to the translation.  
 (7) The Committee must make a determination to omit a translation of a GI if it 
makes a determination to omit the GI.  
106  Notice of determin ation  
 (1) The Presiding Member of the Geographical Indications Committee must:  
 (a) give a notice of the Committee’s determination to the applicant; and  
 (b) if the determination made is to omit a GI, a translation of a GI or both a GI 
and its translation  from the Register —publish a notice setting out the terms 
of the determination.  
 (2) The notice under paragraph  (1)(b) is to be published in the manner that the 
Committee thinks appropriate.     
Omission from the Register of foreig n GIs and translations of foreign GIs   Part 8  
Omission for non -use or loss of significance   Division 2  
 
Section  107 
 
 Wine Australia Regulations  2018  59 
OPC62839 - A 107  AAT review of determination s 
 (1) Application s may be made to the Administrative Appeals Tribunal for review of 
determination s made by the Geographical Indications Committee under 
section  105. 
 (2) Despite paragraph  29(1)(d) and subsection  29(2) of the Administrative Appeals 
Tribunal Act 1975 , an appl ication to the Tribunal for review of a determination 
under section  105 of this instrument must be made within 28  days after notice of 
the determination is published in accordance with section  106 of this instrument . 
 (3) Despite subsection  29(8) of the Administrative Appeals Tribunal Act 1975 , an 
application under subsection  29(7) of that Act in respect of a determination under 
section  105 of this instrument must be made before the time fixed by 
subsection  (2) of this section  ends.  
108  Date of effect of d etermination to omit item  
 (1) If a determination made by the Geographical Indications Committee under 
section  105 is a determination to omit a GI, a translation of a GI or both a GI and 
its translation from the Register, the Presiding Member of the Commit tee must 
give a copy of the determination to the Registrar so that particulars of the 
determination can be omitted from the Register:  
 (a) if an application is made to the Administrative Appeals Tribunal under 
section  107 for review of the determination —as soon as practicable after 
the decision of the Tribunal on the review is given; or  
 (b) otherwise —as soon as practicable after the 28th day after notice of the 
determination is published in accordance with section  106. 
 (2) When the Presiding Member gives a copy of the determination to the Registrar, 
the Presiding Member must also give a copy to the Chair of the Authority.  
 (3) The determination of the Committee takes effect on the day on which particulars 
of the item or items are omitted from the Register.     
Part 8   Omission from the Register of foreign GIs and translations of foreign GIs  
Division 3   Omission because GI not protected in country of origin and not used in Australia  
 
Section  109 
 
60 Wine Australia Regulations  2018   
OPC62839 - A Division  3—Omission because GI not protected in country of origin 
and not used in Australia  
109  Application for omission of foreign GI  
  A person may apply to the Geographical Indications Committee to omit from the 
Register a GI in relation to a foreign country or a region or locality in a foreign 
country, on the ground that the GI is not protected in the country to which it 
relates and is not in use in Australia.  
110  Further information concerning application  
 (1) For the purposes of determining an application  made under section  109, the 
Geographical Indications Committee may, by notice in writing, require the 
applicant to provide such further information as the Committee directs, within 
the period specified in the notice.  
 (2) If the applicant does not comply with this requirement, the application is taken to 
have been withdrawn.  
 (3) The notice must include a statement about the effect of subsection  (2). 
111  Notice by Geographical Indications Committee  
  If the Geographical Indications Committee receiv es an application under 
section  109, the Presiding Member of the Committee must publish a notice in the 
manner that the Committee thinks appropriate:  
 (a) stating that an application under section  109 has been made and setting out 
the GI; and  
 (b) inviting  persons to make written submissions to the Committee in relation 
to the application within the period of not less than 1 month that is stated in 
the notice.  
112  Determination by Geographical Indications Committee  
 (1) After considering any submissions ma de to it in response to a notice under 
section  111, the Geographical Indications Committee must determine whether to 
omit the GI.  
 (2) The Committee must make a determination to omit the GI from the Register if it 
is satisfied of the following matters:  
 (a) the GI is not protected by the laws of the country where the area indicated 
by the GI is located;  
 (b) in the 3 years before the date of the notice under section  111, wine 
originating in the country, region or locality indicated by the GI has not 
been de scribed and presented for sale in Australia using the GI or a 
registered translation of the GI.  
 (3) The Committee must make a determination in writing not to omit the GI from the 
Register if it is not satisfied of either or both of the matters in subsecti on (2).    
Omission from the Register of foreign GIs and translations of foreign GIs   Part 8  
Omission because GI not protected in country of origin and not used in Australia   Division 3  
 
Section  113 
 
 Wine Australia Regulations  2018  61 
OPC62839 - A  (4) If the Committee makes a determination to omit a GI for which there is a 
registered translation, the Committee must also make a determination to omit the 
translation.  
113  Notice of determination  
  The Presiding Member of the Geographical Indications Committee must:  
 (a) give a notice of the Committee’s determination to the applicant; and  
 (b) publish a notice setting out the terms of the determination in any manner 
that the Committee thinks appropriate.  
114  Date of effect of determination  to omit foreign GI  
 (1) If the determination made by the Geographical Indications Committee under 
section  112 is to omit the GI from the Register, the Presiding Member of the 
Committee must give a copy of the determination to the Regist rar so that 
particu lars of the determination can be omitted from the Register as soon as 
practicable.  
 (2) When the Presiding Member gives a copy of the determination to the Registrar, 
the Presiding Member must also give a copy to the Chair of the Authority.  
 (3) The determi nation of the Committee takes effect on the day on which particulars 
of the GI are omitted from the Register.     
Part 9   Miscellaneous  
   
 
Section  115 
 
62 Wine Australia Regulations  2018   
OPC62839 - A Part  9—Miscellaneous  
   
115  Delegation  
  The Authority may, by writing under its seal, delegate any or all of its powers 
under this instrument  to an employee of the Authority, except:  
 (a) this power of delegation; and  
 (b) the power under section  13 to suspend or cancel a licence.  
116  Authority may use computer programs to make decisions  
 (1) The Authority may arrange for the use, under the Au thority’s control, of 
computer programs for any purposes for which the Authority may make 
decisions under this instrument.  
 (2) However, the following decisions must not be made by the operation of a 
computer program under such an arrangement:  
 (a) a decis ion under section  13 to suspend or cancel a licence;  
 (b) a decision under section  17 to suspend or revoke the approval of a grape 
product;  
 (c) a decision under section  21 to revoke an export certificate.  
 (3) A decision made by the operation of a compute r program under such an 
arrangement is, for the purposes of this instrument, taken to be a decision made 
by the Authority.  
 (4) If the Authority is satisfied that a decision made by the operation of a computer 
program under such an arrangement is incorrect , the Authority may substitute 
another decision.     
Transitional provisions   Part 10  
On commencement   Divisi on 1 
 
Section  117 
 
 Wine Australia Regulations  2018  63 
OPC62839 - A Part  10—Transitional provisions  
Division  1—On commencement  
117  Export controls  
 (1) A licence granted under regulation  5 of the Australian Grape and Wine Authority 
Regulations  1981  (the old Regulations ) that is  in force immediately before the 
commencement of this instrument is taken to have been granted under section  9 
of this instrument.  
 (2) A licence granted under regulation  5 of the old Regulations that is suspended 
under regulation  9 of the old Regul ations immediately before the commencement 
of this instrument is taken:  
 (a) to have been granted under section  9 of this instrument; and  
 (b) suspended under section  13 of this instrument for the same period as it was 
suspended under the old Regulations.  
 (3) An export certificate issued under regulation  7 of the old Regulations is taken to 
have been issued under section  20 of this instrument if, immediately before the 
commencement of this instrument:  
 (a) the export certificate ha d not been revoked; and  
 (b) the export of grape product for which the certificate was issued ha d not 
occurred.  
 (4) A grape product is taken to have been approved under section  14 of this 
instrument for export by a licensee if:  
 (a) the licensee applied, under regulation  7 of the  old Regulations, for an 
export certificate for export of the grape product; and  
 (b) the Authority issued a certificate on the last such application by the 
licensee.  
 (5) A direction given under regulation  8 of the old Regulations that is in force 
immedia tely before the commencement of this instrument is taken to have been 
given under section  22 of this instrument.  
118  Determination of GIs  
  Despite the repeal of the Australian Grape and Wine Authority Regulations  1981  
(the old Regulations ) by the Wine Australia Legislation Amendment (Repeals 
and Consequential Amendments) Regulations  2018 : 
 (a) the old Regulations,  as in force immediately before the repeal , continue to 
apply in relation to  the determination of a GI under Division  4 of Part  VIB 
of the Act  (including any decision under section  40RC of the Act on an 
objection) if a notice about the determination was published under 
section  40RA of the Act before the repeal; and  
 (b) the old Regulations, as in force immediately before the repeal , continue to 
apply in relation to an application under subsection  40RE(1) of the Act that 
was made before the repeal; and     
Part 10   Transitional provisions  
Division 1   On commencement  
 
Section  118 
 
64 Wine Australia Regulations  2018   
OPC62839 - A  (c) Part 6A of the old Regulations, as in force immediately before the repeal , 
continues to apply in relation to the determination of a foreign GI  or 
translation of a foreign GI (including any decision under Division  3 of that 
Part on an objection) if a notice about the determination was published 
under regul ation  57 of the old Regulations; and  
 (d) Part 6A of the old Regulations, as in force immediately before the repeal,  
continues to apply in relation to an application that was made under 
regulation  73, 97 or 104 of the old Regulations.Modifications of Division 4 of Part VIB of the Act   Schedule 1  
   
   
 
Clause 1 
 
 Wine Australia Regulations  2018  65 
 
OPC62839 - A Schedule  1—Modification s of Division  4 of Part  VIB 
of the Act  
Note:  See section  33. 
   
   
1  Grounds of objection to the determination of a geographical indication  
 (1) The operation of section  40RB of the Act is modified by adding the additional 
ground of objection set out in subclause  (2). 
Modification  
 (2) A person may object to the determination of a proposed GI on the ground that the 
proposed GI is used in Australia:  
 (a) as the common name of a type or style of wine; or  
 (b) as the name of a variety of grapes.