Document ID: chunk:federal_register_of_legislation:F2025C00049:reg:57:p2
Version: federal_register_of_legislation:F2025C00049
Segment Type: reg
Provision Reference: reg 57 (pt 2/2)
Character Range: 71383–73727

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 degree 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 indication 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 word 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.

Part 7—Determination of foreign GIs and translations of foreign GIs

Division 1—Preliminary