Wine Australia Act 2013 (Cth)

Wine Australia Act 2013

No. 161, 1980

Compilation No. 42

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Wine Australia Act 2013 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 3 Objects 4 Interpretation 4AA Expressions defined in the Primary Industries Levies and Charges Disbursement Act 2024 4A Extension to external Territories 5A Declared winemakers organisations 5B Declared wine grape growers organisation 5BA Representative organisations 5C Meaning of description and presentation 5D Where wine or grape extract originates 5E Vacancy in the office of a director of the Authority Part II—Wine Australia Division 1—Establishment, functions and powers of the Authority 6 Wine Australia 7 Functions of the Authority 7A Constitutional limits 7B Uniformity 8 Powers of the Authority 10 Power to enter into arrangements etc. 10A Agreements for carrying out grape or wine research and development activities by other persons 10B Agreements for carrying out grape or wine research and development activities with other persons 10C Grants relating to grape or wine research and development activities 10D Consultations with persons and organisations 11 Committees 11A Authority does not have privileges and immunities of the Crown Division 2—Constitution and membership of the Authority 12 Constitution of the Authority 13 Membership of the Authority 14 Appointment of directors of the Authority 15 Period of appointment for directors of the Authority 16 Acting directors of the Authority 17 Deputy Chair Division 3—Terms and conditions for directors of the Authority 18 Remuneration 19 Disclosure of interests 20 Outside employment 21 Leave of absence 22 Resignation 23 Termination of appointment 24 Other terms and conditions Division 4—Decision‑making by the Authority 25 Holding of meetings 26 Presiding at meetings 26A Quorum 26B Voting at meetings etc. 26C Conduct of meetings 26D Minutes Part IV—Wine Australia Selection Committee Division 1—Introduction 27A Simplified outline of this Part Division 2—Establishment, functions and powers of the Authority Selection Committee 27B Authority Selection Committee 27C Functions of the Authority Selection Committee 27D Powers of the Authority Selection Committee 27E Minister may request nominations 27F Selection of persons by the Authority Selection Committee 27G Nominations 27H Minister may reject nominations Division 3—Membership of the Authority Selection Committee 27J Membership of the Authority Selection Committee 27K Appointment of members of the Authority Selection Committee 27L Period of appointment for members of the Authority Selection Committee 27M Acting Presiding Member of the Authority Selection Committee Division 4—Terms and conditions for members of the Authority Selection Committee 27N Remuneration 27P Disclosure of interests to the Minister 27Q Disclosure of interests to the Authority Selection Committee 27R Outside employment 27S Leave of absence 27T Resignation 27U Termination of appointment 27V Other terms and conditions Division 5—Decision‑making by the Authority Selection Committee 27W Holding of meetings 27X Presiding at meetings 27Y Quorum 27Z Voting at meetings etc. 27ZA Conduct of meetings 27ZB Minutes Division 6—Other matters 27ZC Staff and consultants 27ZE Definitions Part IVB—Annual general meeting of the grape industry and the wine industry 29U Interpretation 29V List of producers 29W Authority to convene annual general meeting 29X Purpose of annual general meeting 29Y Conduct of annual general meeting Part V—Staff and consultants 30 Employees 30A Consultants Part VA—Operation of Authority Division 1—Corporate plans 31 Corporate plans—5‑year periods 31A Corporate plan—initial period Division 2—Annual operational plans 31F Authority to develop annual operational plans Division 3—Directions 31K Directions to Authority and Geographical Indications Committee Part VI—Finance 34 Borrowing 34A Authority may give security 34B Borrowings not otherwise permitted 35 Application of money of the Authority 38 Annual report 38A Accountability to representative organisations 39 Liability to taxation Part VIA—Label integrity program Division 1—Preliminary 39A Object of Part 39B Operation of Part 39C Persons to whom this Part applies Division 2—Records relating to label claims 39F Obligation to keep records 39G When certain details are not required to be kept 39H Details required under section 39F 39J Offences relating to record‑keeping requirements 39K Offences relating to requirement to provide and keep a copy of a record in relation to the supply of wine goods 39L Time for bringing prosecutions 39M Single wines and blends etc. 39ZAA Authority may require records 39ZAB Failure to comply with section 39ZAA notice 39ZAC Authority may retain records Division 3—Inspection 39ZA Appointment of inspectors 39ZB Identity cards 39ZC Monitoring powers of inspectors—exercised with consent 39ZD Monitoring warrants 39ZE Offence powers of inspectors—exercised with consent 39ZF Offence related warrants 39ZG Discovery of evidence 39ZH Power to require persons to answer questions and produce documents 39ZI Search warrants by telephone and other electronic means 39ZIA Offences relating to warrants by telephone and other electronic means Division 4—Other matters 39ZJ Authority to assist enforcement of laws on description of wine 39ZK Proceedings not to lie against Authority etc. 39ZL Authority may assist in relation to levy Part VIB—Protection of geographical indications and other terms Division 1—Preliminary 40 Interpretation 40A Object of Part 40B Additional operation of Part Division 2—Provisions relating to sale, export or import of wine Subdivision A—Sale, export or import of wine with a false description and presentation 40C Offence—sale, export or import of wine with a false description and presentation 40D False descriptions and presentations 40DA Circumstances in which description and presentation is not false—general 40DB Circumstances in which description and presentation is not false—inclusion of registered traditional expressions Subdivision B—Sale, export or import of wine with a misleading description and presentation 40E Sale, export or import of wine with a misleading description and presentation 40F Misleading descriptions and presentations 40FA Circumstances in which description and presentation is not misleading—general 40FB Circumstances in which description and presentation is not misleading—inclusion of registered traditional expressions Subdivision C—Other provisions relating to sale, export or import of wine 40G Sale, export or import of wine in contravention of registered conditions of use 40J Exception for certain wines 40K Prosecution of offences 40M Application of national food standards to wines imported from foreign countries Division 3—Establishment, function and powers of Geographical Indications Committee 40N Establishment of Committee 40P Function and powers of Committee Division 4—Australian geographical indications Subdivision A—What this Division is about 40PA What this Division is about Subdivision B—Powers of Committee to determine geographical indications 40Q Power of Committee to determine geographical indications 40QA Committee must await decisions under Subdivision D Subdivision C—Applications for determinations of geographical indications 40R Applications for determinations Subdivision D—Objections to determination of geographical indications based on pre‑existing trade mark rights 40RA Notice to be given of proposed geographical indication 40RB Grounds of objection to the determination of a geographical indication 40RC Consideration of objections 40RD Notice to be given of decision 40RE Decision that ground of objection no longer exists 40RF Appeals 40RG Decisions made under this Division not to affect rights under Trade Marks Act Subdivision E—Determinations of geographical indications 40SA When may a determination be made under this Subdivision? 40S Consultation by the Committee 40T Making of determinations 40U Interim determination 40V Publication of notice of interim determination 40W Final determination 40X Publication of notice of final determination 40Y Review of final determination 40Z Date of effect of final determination Division 4A—Omission of Australian registered geographical indications Subdivision A—What this Division is about 40ZAA What this Division is about Subdivision B—Omission of Australian GIs for non‑use 40ZAB Power of Committee to determine that an Australian GI should be omitted from the Register 40ZAC Application 40ZAD Further information concerning an application 40ZAE Notice by Committee 40ZAF Determination by Committee 40ZAG Notice of determination 40ZAH Administrative Review Tribunal review of a determination 40ZAI Date of effect of determination to omit GI Subdivision C—Omission of Australian GIs because no longer required 40ZAJ Application 40ZAK Further information concerning an application 40ZAL Notice by Committee 40ZAM Meaning of interested person 40ZAN Determination by Committee 40ZAO Notice of determination 40ZAP Date of effect of determination to omit Australian GI Division 4B—Foreign geographical indications and translations 40ZAQ Determination of foreign geographical indications and translations 40ZAR Appeals against decisions of Registrar of Trade Marks 40ZAS Decisions not to affect rights under Trade Marks Act 40ZAT Determinations for the omission from the Register of foreign geographical indications and translations Division 5—Register of Protected Geographical Indications and Other Terms 40ZA Registrar 40ZB Functions of Registrar 40ZC Register of Protected Geographical Indications and Other Terms 40ZD Contents of Register 40ZE Inspection of Register Division 6—Inspection 40ZF Inspection powers Part VII—Miscellaneous 41A Remuneration and allowances of members of Geographical Indications Committee etc. 42 Delegation by Minister 43 Delegation by Authority 44 Offences in relation to export of grape products 44AA Time for bringing prosecutions 44AB Injunctions 44A Conduct by directors, employees or agents 45 Operation of certain laws not restricted 45A Label Directory 46 Regulations Schedule—Administrative provisions relating to the Geographical Indications Committee 1 Interpretation 2 Membership of Committee 3 Acting Presiding Member 4 Alternate members of the Committee 5 Term of office 6 Resignation 7 Termination of appointment 8 Leave of absence 9 Disclosure of interests by Committee members 10 Meetings 11 Staff and consultants 12 Information for inclusion in Authority's annual report Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history