Document ID: chunk:federal_register_of_legislation:C2010A00098:clause:1_40da
Version: federal_register_of_legislation:C2010A00098
Segment Type: clause
Provision Reference: sch 1 cl 40DA
Character Range: 15978–18290

40DA  Circumstances in which description and presentation is not false—general

Inclusion of geographical indication, translation or traditional expression registered for more than one place
 (1) If:
 (a) the description and presentation of wine includes an indication or term that is a registered geographical indication, a registered translation of such an indication, or a registered traditional expression, in relation to a country, region or locality; and
 (b) the wine originated in that country, region or locality; and
 (c) the description and presentation indicates that the wine originated in that country, region or locality;
then the description and presentation is not false merely because the indication or term is also a registered geographical indication, a registered translation of such an indication, or a registered traditional expression, in relation to another country, region or locality.

Inclusion of common English word or term
 (2) If:
 (a) the description and presentation of wine includes a word or term that is a registered geographical indication, a registered translation of such an indication, or a registered traditional expression, in relation to a country, region or locality; and
 (b) the word or term is a common English word or term; and
 (c) the word or term is not used in such a way as to indicate that the wine originated in the country, region or locality in relation to which the geographical indication, translation or traditional expression is registered; and
 (d) the description and presentation indicates the country, region or locality in which the wine originated; and
 (e) the word or term is used in good faith;
then the description and presentation is not false merely because it includes the word or term.

Inclusion of name of individual or address of winery
 (3) The description and presentation of wine is not false merely because it includes:
 (a) the name of an individual who manufactured, sold, exported or imported the wine; or
 (b) 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
 (c) the address of the winery at which the wine was manufactured.