Document ID: chunk:federal_register_of_legislation:C2010A00098:clause:1_40f:p2
Version: federal_register_of_legislation:C2010A00098
Segment Type: clause
Provision Reference: sch 1 cl 40F (pt 2/2)
Character Range: 25197–26707

likely to mislead that the wine originated in a country, region or locality in relation to which the expression is registered or that the wine is in a category of wine in relation to which the expression is registered;
 (ii) the wine originated in a foreign country that is not an agreement country.

Inclusion of name of individual or address of winery
 (5) The description and presentation of wine is misleading if:
 (a) it includes:
 (i) the name of an individual who manufactured, sold, exported or imported the wine; or
 (ii) if a person who manufactured, sold, exported or imported the wine is, apart from this subsection, lawfully permitted to use the name of an individual who previously manufactured, sold, exported or imported the wine—the name of that individual; or
 (iii) the name or address of the winery at which the wine was manufactured; and
 (b) the name or address, as the case may be, is used in such a way in the description and presentation as to be likely to mislead as to the country, region or locality in which the wine originated.

Not in accordance with prescribed provisions
 (6) The description and presentation of wine is misleading if it is not in accordance with any provisions relating to the description and presentation of wine as are prescribed for the purposes of this subsection.

Ordinary meaning of misleading not affected
 (7) Subsections (2), (3), (4), (5) and (6) do not limit what, apart from those subsections, is a misleading description and presentation of wine.