Document ID: chunk:federal_register_of_legislation:C2010A00098:clause:1_40fa
Version: federal_register_of_legislation:C2010A00098
Segment Type: clause
Provision Reference: sch 1 cl 40FA
Character Range: 26709–28497

40FA  Circumstances in which description and presentation is not misleading—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 misleading merely because the indication or term is, or resembles, 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 misleading merely because it includes the word or term.