Document ID: chunk:federal_register_of_legislation:C2010A00098:clause:1_42
Version: federal_register_of_legislation:C2010A00098
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 33864–36081

42  Subsection 40M(1)
Repeal the subsection, substitute:

National food standard modified
 (1) A national food standard that applies to wine has effect, in relation to wine that originates in any foreign country, as if any requirement in the standard to comply with particular oenological practices or processes, or compositional requirements, in relation to wine were replaced by a requirement to comply with the replacement practices, processes or requirements under either subsection (1A) or (1B).

Practices, processes and requirements set out in wine‑trading agreements
 (1A) The replacement practices, processes or requirements under this subsection are:
 (a) subject to paragraph (b), the oenological practices or processes, or compositional requirements, set out in a prescribed wine‑trading agreement as in force or existing from time to time; or
 (b) if, in accordance with such an agreement, Australia has been notified of the authorisation of modifications of the oenological practices or processes, or compositional requirements, set out in the agreement—the oenological practices or processes, or compositional requirements, as so modified.

Practices, processes and requirements prescribed by the regulations
 (1B) The replacement practices, processes or requirements under this subsection are the oenological practices or processes, or compositional requirements, prescribed by the regulations in relation to wine originating in any foreign country.
 (1C) Regulations made for the purposes of subsection (1B):
 (a) must not prescribe oenological practices or processes, or compositional requirements, in relation to wine originating in any foreign country unless the oenological practices or processes, or compositional requirements, apply to wine under the laws and regulations of a foreign country; and
 (b) may prescribe oenological practices or processes, or compositional requirements, by applying, adopting or incorporating (with or without modification) a written instrument or other document:
 (i) as in force or existing at a particular time; or
 (ii) as in force or existing from time to time.
Note: The heading to section 40M is altered by omitting "agreement" and substituting "foreign".