Document ID: chunk:federal_register_of_legislation:C2017C00327:section:7:p20
Version: federal_register_of_legislation:C2017C00327
Segment Type: section
Provision Reference: s 7 (pt 20/45)
Character Range: 69168–71767

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 paragraphs (2)(a), (b) and (c) apply—the trade mark is a registered trade mark (within the meaning of the Trade Marks Act 2002 of New Zealand);
 (iii) an application for registration of the trade mark under the Trade Marks Act 1995 satisfies the requirements under that Act for the application to be pending (within the meaning of that Act);
 (iv) if paragraphs (2)(a), (b) and (c) apply—an application for registration of the trade mark under the Trade Marks Act 2002 of New Zealand satisfies requirements under that Act that are equivalent to the requirements mentioned in subparagraph (iii);
 (v) the trade mark has been used by the producer of the wine throughout the period beginning on 1 July 2015 and ending at the time of the assessable dealing.

19‑7  Approval as New Zealand participant
 (1) You may apply, in writing, in the *approved form, to the Commissioner for approval as a *New Zealand participant.
 (2) You are eligible to be approved as a *New Zealand participant if the Commissioner is satisfied, on the basis of your application and any other relevant information of which the Commissioner becomes aware, that:
 (a) you are a *producer of *rebatable wine in *New Zealand; and
 (b) the rebatable wine has been, or is likely to be, exported to the indirect tax zone.
 (3) If the Commissioner, after consideration of your application, is satisfied of the matters referred to in subsection (2)