Document ID: chunk:federal_register_of_legislation:C2017A00094:clause:1_8:p2
Version: federal_register_of_legislation:C2017A00094
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 2/3)
Character Range: 7121–9676

vegetables from which the fruit or vegetable wine is produced; or
 (d) for *cider or perry—the apples or pears from which the cider or perry is produced; or
 (e) for *mead—the honey from which the mead is produced; or
 (f) for *sake—the rice from which the sake is produced.
 (5) You are taken to have satisfied the requirements in subsection (3) for wine, to the extent that the wine is composed of any of the following substances that you have caused to be added to the wine:
 (a) grape spirit;
 (b) brandy;
 (c) alcohol used in preparing vegetable extracts (including spices, herbs and grasses);
 (d) ethyl alcohol from a source as specified in the regulations for the purposes of paragraph 31‑4(b), 31‑5(b), 31‑6(b) or 31‑7(b);
 (e) water;
 (f) if no more than 10% of the wine (measured by volume) is grape juice concentrate that you have caused to be added to the wine—that grape juice concentrate;
 (g) if no more than 1% of the wine (measured by volume) is another substance that you have caused to be added to the wine—that other substance.
 (6) For the purposes of paragraph (5)(g), treat substances that are similar to each other as being the same substance.
 (7) A *container in which wine is placed meets the requirements in this subsection if:
 (a) any of the following requirements are satisfied:
 (i) the container is suitable for *retail sale and the volume of the container does not exceed 5 litres;
 (ii) if the wine is *cider or perry—the container is suitable for retail sale of portions of the contents of the container and the volume of the container does not exceed 51 litres; and
 (b) the container in which the wine is placed at the time of the *assessable dealing is branded by a trade mark applied to the container; and
 (c) the trade mark identifies, or can readily be associated with, the *producer of the wine; and
 (d) the trade mark is owned by:
 (i) the producer of the wine; or
 (ii) an entity that is an *associated producer of the producer of the wine for the *financial year in which the assessable dealing occurs because it satisfies the requirement in paragraph 19‑20(1)(a) (on the assumption that it were a producer); and
 (e) the trade mark is:
 (i) a trade mark (within the meaning of the Trade Marks Act 1995); or
 (ii) if paragraphs (2)(a), (b) and (c) apply—a trade mark (within the meaning of the Trade Marks Act 2002 of New Zealand); and
 (f) the trade mark satisfies any of the following requirements:
 (i) the trade mark is a registered trade mark (within the meaning of the Trade Marks Act 1995);
 (ii) if