Commonwealth: 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 An Act to establish Wine Australia, and for related purposes Part I—Preliminary 1 Short title This Act may be cited as the Wine Australia Act 2013. 2 Commencement (1) Sections 1 and 2 and subsection 13(4) shall come into operation on the date on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation. 3 Objects The objects of this Act are: (a) to support grape or wine research and development activities; and (aa) to support the growth of the wine industry, and other industries that make wine (within the meaning of section 33‑1 of the A New Tax System (Wine Equalisation Tax) Act 1999); and (ab) to support the growth of international wine tourism, and services, products and experiences that complement international wine tourism; and (b) to control the export of grape products from Australia, including through the use of a Label Directory containing digital colour images of grape product labels and other information to allow persons to identify potential infringements of intellectual property rights; and (c) to promote the consumption and sale of grape products, both in Australia and overseas; and (d) to enable Australia to fulfil its obligations under prescribed wine‑trading agreements and other international agreements. 4 Interpretation (1) In this Act, unless the contrary intention appears: agreement country means: (a) if an agreement relating to trade in wine is in force between the European Community and Australia—an EC country; and (b) if an agreement relating to trade in wine is in force between a foreign country (other than an EC country) and Australia and is declared by the regulations to be a prescribed wine‑trading agreement—that foreign country. annual general meeting means a meeting that is convened under section 29W. annual operational plan means an annual operational plan developed by the Authority under section 31F. Australia includes all the external Territories. Authority means the authority known as Wine Australia. Note: See section 6. Authority Selection Committee means the Wine Australia Selection Committee. blend means wine manufactured by blending wines of different vintages, varieties or geographical indications. blending requirements means requirements relating to the blending of wines of different varieties, geographical indications or vintages, or any combination of the above. Chair means the Chair of the Authority. corporate plan means a corporate plan prepared by the Authority under section 31 or 31A. corporation, in Part VIB, means a body corporate that: (a) is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or (b) is a trading corporation within the meaning of that paragraph that is formed within the limits of Australia; or (c) is incorporated in a Territory. country has a meaning affected by subsection (2). declared wine grape growers organisation means an organisation in relation to which a declaration is in force under section 5B. declared winemakers organisation means an organisation declared to be a declared winemakers organisation by a declaration in force under section 5A. Deputy Chair means the Deputy Chair of the Authority. description, in relation to wine, has a meaning affected by section 5C. designated foreign country has the meaning given by subsection 40K(3). designated primary industry sector in relation to the Authority: see section 4AA. director means a director of the Authority, and includes the Chair. dried grapes means grapes containing less than 60% of moisture. EC country means a country that is a member of the European Community and, during the UK withdrawal transition period, includes the United Kingdom. examinable document means: (a) any document required to be kept: (i) in relation to Part VIA—under Part VIA; or (ii) in relation to Part VIB—under Part VIB; or (iii) in relation to Part VII—under Part VII; or (b) any wine label or other document relating to the vintage, variety or geographical indication of wine goods; or (c) any document relating to advertising the vintage, variety or geographical indication of wine goods; or (d) any other document that is relevant to monitoring or enforcing compliance with a label law. export means export from Australia. Federal Court means the Federal Court of Australia. fresh grapes means grapes containing not less than 60% of moisture. funding agreement means an agreement under section 42 of the Primary Industries Levies and Charges Disbursement Act 2024. geographical indication, in relation to wine goods, means an indication that identifies the goods as originating in a country, or in a region or locality in that country, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin. grape extract means grape juice, must, or concentrate obtained from grapes. grape industry means the industry in Australia concerned with the production of grapes for processing, other than processing by drying. grape or wine research and development means research and development for a designated primary industry sector in relation to the Authority. grape or wine research and development activity means a research and development activity for a designated primary industry sector in relation to the Authority. grape product means: (a) wine manufactured in Australia from prescribed goods; (b) brandy distilled in Australia from any such wine; (c) grape spirit manufactured in Australia from prescribed goods and suitable for the fortifying of wine or the manufacture of brandy; or (d) a product (being prescribed goods or a product derived in whole or in part from prescribed goods) declared by the regulations to be a grape product for the purposes of this Act. grape product label means a label attached to, or writing or other sign appearing on, a bottle or other package of a grape product. grapes research levy means levy imposed by a prescribed provision of regulations made under the Primary Industries (Excise) Levies Act 2024. inspection power, in relation to wine premises, means: (a) power to search any part of the premises; or (b) power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any wine goods or other thing on the premises; or (c) power to take extracts from, and make copies of, any examinable documents on the premises; or (d) power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising any other inspection power on the premises. inspector means a person appointed under section 39ZA. international wine tourism means tourism undertaken by international tourists in Australia for the purposes of, or relating to, tasting, consuming or purchasing wine. label claim, in relation to wine goods: (a) means a written claim that is made or implied about the wine goods' vintage, variety or prescribed geographical indication, including such a claim that is made or implied: (i) on a label; or (ii) in a record that is required to be kept under section 39F; or (iii) in any other commercial document; or (iv) in an advertisement; and (b) includes such a claim about the vintage, variety or prescribed geographical indication of any other wine goods from which the wine goods were manufactured. label law means: (a) in relation to Part VIA: (i) that Part; and (ii) regulations made for the purposes of that Part; and (iii) another law of the Commonwealth relating to the description of wine goods; and (iv) a law of a State or an internal Territory relating to the description of wine goods; and (b) in relation to Part VIB: (i) Part VIB; and (ii) regulations made for the purposes of Part VIB; and (c) in relation to Part VII—regulations made under this Act relating to the export of grape products from Australia. label offence means: (a) in relation to Part VIA—an offence against a label law (within the meaning of paragraph (a) of the definition of label law); and (b) in relation to Part VIB—an offence against a label law (within the meaning of paragraph (b) of the definition of label law); and (c) in relation to Part VII—an offence against section 44. manufacture wine includes making a blend. manufacturer of wine goods means a person who operates an establishment at which: (a) wine is manufactured; or (b) grape extract is manufactured, being grape extract that is used or intended to be used in manufacturing wine; or (c) wine goods are otherwise processed, modified or packaged. modify, in relation to oenological practices and processes, or compositional requirements, includes: (a) add one or more practices or processes, or compositional requirements; and (b) vary any one or more of the practices or processes, or of the compositional requirements; and (c) omit any one or more of the practices or processes, or of the compositional requirements. national food standard means a national standard within the meaning of the Imported Food Control Act 1992. organisation means any body of persons, whether a body corporate or an unincorporated body. originate, in relation to wine or grape extract that is used or intended to be used in manufacturing wine, has the meaning given by section 5D. package, in relation to a grape product, means a container in which the grape product is sold or transferred for sale. pending, in relation to an application for the registration of a trade mark under the Trade Marks Act 1995, has the meaning given in that Act. personal information has the same meaning as in the Privacy Act 1988. prescribed geographical indication means a geographical indication that is prescribed by the regulations for the purposes of this definition. prescribed goods means: (a) fresh grapes; (b) dried grapes; and (c) grape juice, whether single‑strength or concentrated. prescribed wine‑trading agreement means: (a) an agreement relating to trade in wine that is in force between the European Economic Community and Australia; or (b) an agreement relating to trade in wine that is in force between a foreign country (other than an EC country) and Australia and is declared by the regulations to be a prescribed wine‑trading agreement. presentation, in relation to wine, has a meaning affected by section 5C. principal employee means the person holding the position of principal employee (however described) of the Authority. protection date for a registered traditional expression has the meaning given by subsection 40DB(6). Register means the Register of Protected Geographical Indications and Other Terms kept under section 40ZC. registered means included in the Register. registered additional term means a term that is included in Part 4 of the Register. registered conditions of use, in relation to: (a) a registered geographical indication; or (b) a registered translation of such an indication; or (c) a registered traditional expression; or (d) a registered quality wine term; or (e) a registered additional term; means a condition of use included in the Register that is applicable to the geographical indication, translation, traditional expression, quality wine term or additional term (as the case may be). registered geographical indication means a geographical indication that is included in Part 1 of the Register. registered owner, in relation to a trade mark, means the person in whose name the trade mark is registered under the Trade Marks Act 1995. registered quality wine term means a term that is included in Part 3 of the Register. registered trade mark means a trade mark whose particulars are entered in the Register of Trade Marks under the Trade Marks Act 1995. registered traditional expression means a traditional expression that is included in Part 2 of the Register. registered translation of a registered geographical indication means a translation, included in Part 1 of the Register, of the registered geographical indication. Register of Trade Marks means the register kept under section 207 of the Trade Marks Act 1995. Registrar means the Registrar of Protected Geographical Indications and Other Terms established under subsection 40ZA(1). relevant agency has the meaning given by section 39ZL. representative organisation has the meaning given by section 5BA. research and development: see section 4AA. research and development activity: see section 4AA. sell includes offer, expose or advertise for sale. trade mark has the meaning given in the Trade Marks Act 1995. traditional expression, in relation to wine originating in a foreign country, means a traditionally used name referring, in particular, to the method of production or to the quality, colour or type of the wine. UK withdrawal transition period means the period when transitional arrangements agreed between the United Kingdom and the European Union relating to trade are in force following the withdrawal of the United Kingdom from the European Union. vacancy, in relation to the office of a director of the Authority, has a meaning affected by section 5E. variety, in relation to wine or grape extract, means the variety of the grapes from which the wine or grape extract was obtained. vintage means: (a) in relation to grapes—the year (within the ordinary meaning of the term, as affected by subsection (2A)) in which the grapes were harvested; or (b) in relation to wine or grape extract—the year (within the ordinary meaning of the term, as affected by subsection (2A)) in which the grapes from which the wine or extract was manufactured or obtained were harvested. wine means an alcoholic beverage produced by the complete or partial fermentation of fresh grapes or products derived solely from fresh grapes, or both, and includes a grape product declared by the regulations to be wine for the purposes of this Act. wine export charge means charge imposed by a prescribed provision of regulations made under the Primary Industries (Customs) Charges Act 2024. wine goods means: (a) wine; or (b) grapes, or grape extract, used or intended to be used in manufacturing wine. wine grapes levy means levy imposed by a prescribed provision of regulations made under the Primary Industries (Excise) Levies Act 2024. wine industry means the industry in Australia concerned with: (a) the storage, distribution, marketing and sale of grape products; or (b) the making of wine. wine label means a label attached to, or writing or other sign appearing on, a bottle or other package of wine. wine premises means any premises, place or conveyance where it is reasonable to assume that wine goods or examinable documents are or might be located. World Trade Organization means the body of that name established by the WTO Agreement, done at Marrakesh on 15 April 1994. Note: The text of the WTO Agreement is set out in Australian Treaty Series 1995 No. 8 ([1995] ATS 8). In 2009, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). year means a period of 12 months commencing on 1 July. Note: This definition does not apply in relation to the definition of vintage (see that definition and subsection (2A)). References to country (2) For the purposes of this Act, a reference to a country includes a reference to a member of the World Trade Organization. Harvesting grapes (2A) For the purposes of the definition of vintage, grapes that are harvested on or after 1 September in a calendar year, and before or on 31 December of that calendar year, are taken to have been harvested in the next calendar year. Parties to prescribed wine trading agreements (3) If a prescribed wine trading agreement is in force between the European Community and Australia, each EC country is taken, for the purposes of this Act, to be a party to the agreement. 4AA Expressions defined in the Primary Industries Levies and Charges Disbursement Act 2024 For the purposes of this Act, work out what are the following under the definitions in Part 1 of the Primary Industries Levies and Charges Disbursement Act 2024: (a) designated primary industry sector in relation to the Authority; (b) research and development; (c) research and development activity. Note: The definitions in that Act apply, in part, in relation to a statutory recipient body, which includes the Authority. 4A Extension to external Territories This Act extends to all the external Territories. 5A Declared winemakers organisations (1) If the Minister considers that an organisation is a national organisation which is representative of winemakers, the Minister may, by notice in writing published in the Gazette, declare that organisation to be a declared winemakers organisation. (2) A declaration must be published on the Department's website as soon as practicable after it is made. 5B Declared wine grape growers organisation (1) If the Minister considers that an organisation is a national organisation that is representative of growers of wine grapes, the Minister may, by notice published in the Gazette, declare the organisation to be a declared wine grape growers organisation. (2) A declaration must be published on the Department's website as soon as practicable after it is made. 5BA Representative organisations (1) For the purposes of this Act, each of the following organisations is a representative organisation: (a) a declared winemakers organisation; (b) a declared wine grape growers organisation; (c) an organisation that the Minister declares, by legislative instrument, to be a representative organisation for the purposes of this Act. (2) The Minister must not declare an organisation under paragraph (1)(c) unless the Minister is satisfied that the objects or activities of the organisation relate to either or both of the following: (a) the grape industry; (b) the wine industry. (3) The Minister must ensure that at least one organisation is a representative organisation for the purposes of this Act. (4) A declaration under paragraph (1)(c) must be published on the Department's website as soon as practicable after it is made. 5C Meaning of description and presentation In this Act, a reference to the description and presentation with which wine is sold, exported or imported is a reference to all names (including business names) or other descriptions, references (including addresses), indications, signs, designs and trade marks used to distinguish the wine and appearing: (a) on the container (including on the device used to seal the container or on a label affixed to the container), on any tag attached to the container or, if the container is a bottle, on the sheathing covering the neck of the bottle; or (b) on protective wrappings (such as papers and straw envelopes of all kinds), cartons and cases used in the packaging of the wine or the transport of the wine; or (c) in documents relating to the transport of the wine or in other commercial documents (for example, invoices or delivery notes) relating to the sale or transport of the wine; or (d) in advertisements relating to the wine. 5D Where wine or grape extract originates For the purposes of this Act: (a) a wine, or a grape extract that is used or intended to be used in manufacturing wine, is taken to have originated in a country only if the wine or extract is made from grapes grown within the territory of that country; and (b) a wine, or a grape extract that is used or intended to be used in manufacturing wine, is taken to have originated in a particular region or locality of a country only if the wine or extract is made from grapes grown in that region or locality. 5E Vacancy in the office of a director of the Authority For the purposes of a reference in: (a) this Act to a vacancy in the office of a director of the Authority; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 7 offices of directors of the Authority in addition to the Chair of the Authority. Part II—Wine Australia Division 1—Establishment, functions and powers of the Authority 6 Wine Australia (1) This section applies to the body corporate that was established by section 6 of the Australian Grape and Wine Authority Act 2013 (as in force immediately before the commencement of this section). (2) That body corporate continues in existence by force of this section as a body corporate, under and subject to the provisions of this Act, under the name Wine Australia. Note 1: In this Act, Authority means the authority known as Wine Australia—see section 4. Note 2: Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a body whose name is altered by an Act continues in existence under the new name so that its identity is not affected. 7 Functions of the Authority The Authority has the following functions: (a) to investigate and evaluate the requirements for grape or wine research and development; (b) to coordinate or fund the carrying out of grape or wine research and development activities; (c) to: (i) monitor; and (ii) evaluate; and (iii) report to the Parliament, the Minister and the representative organisations on; grape or wine research and development activities that are coordinated or funded, wholly or partly, by the Authority; (d) to: (i) assess; and (ii) report to the Parliament, the Minister and the representative organisations on; the impact, on the grape industry or wine industry, of grape or wine research and development activities that are coordinated or funded, wholly or partly, by the Authority; (e) to facilitate the dissemination, adoption and commercialisation of the results of grape or wine research and development; (ea) to implement, facilitate and administer programs, as directed by the Minister, in relation to: (i) wine; and (ii) cider (as defined by section 33‑1 of the A New Tax System (Wine Equalisation Tax) Act 1999); and (iii) international wine tourism, and services, products and experiences that complement international wine tourism; (eb) to administer grant programs in relation to wine (as defined by section 33‑1 of the A New Tax System (Wine Equalisation Tax) Act 1999), as directed by the Minister; (f) to control the export of grape products from Australia; (g) to promote the consumption and sale of grape products, both in Australia and overseas; (h) such other functions as are conferred on the Authority by: (i) this Act; or (ii) the regulations; or (iii) any other law; (i) to do anything incidental to, or conducive to, the performance of any of the above functions. Note: One of the Authority's functions under the regulations is to establish, maintain and make publicly available a Label Directory. 7A Constitutional limits The Authority may perform its functions only: (a) for purposes relating to trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (aa) for purposes relating to bounties on the production or export of goods; or (b) for purposes related to external affairs, including any of the following: (i) enabling Australia to fulfil its obligations under prescribed wine‑trading agreements; (ii) enabling Australia to fulfil its obligations under other international agreements to which Australia is a party; (iii) addressing matters of international concern; (iv) by way of the performance of its functions in a place outside Australia; or (c) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or (d) for purposes relating to the collection of statistics; or (e) by way of the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or (f) by way of the making of a grant of financial assistance to a State or Territory; or (g) for purposes relating to a Territory; or (h) with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or (i) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or (j) for purposes relating to the executive power of the Commonwealth; or (k) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth. 7B Uniformity A power conferred on any person by this Act must not be exercised in such a manner that bounty would not be uniform throughout the Commonwealth within the meaning of paragraph 51(iii) of the Constitution. 8 Powers of the Authority General power (1) Subject to this Act, the Authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions. Specific powers (2) Without limiting the generality of subsection (1), the powers of the Authority referred to in that subsection include power: (aaa) to do anything for the purpose of giving effect to a prescribed wine‑trading agreement; and (aa) to determine any conditions of use that are to be applicable to any registered geographical indications and any registered translations of such indications; and (ac) to determine in relation to a foreign country: (i) any traditional expressions that are to be registered in relation to wines originating in that country (being traditional expressions that are recognised in the laws and regulations of that country for the purpose of the description and presentation of wine); and (ii) any conditions of use that are to be applicable to any or all of those expressions; and (ad) to determine: (i) in relation to Australia—any terms that are to be registered as additional terms in relation to wines originating in Australia (being terms that are required to be protected for the purpose of the description and presentation of wine); and (ii) in relation to a foreign country—any terms that are to be registered as additional terms in relation to wines originating in that country (being terms that are recognised in the laws and regulations of that country for the purpose of the description and presentation of wine); and (iii) in relation to a particular wine (regardless of origin)—any terms that are to be registered as additional terms in relation to that wine; and (iv) any conditions of use that are to be applicable to any or all of the terms referred to in subparagraphs (i) to (iii); and (a) to control the export of grape products from Australia by determining the persons, other than the Authority, who shall be permitted to export grape products and the conditions under which such exports will be permitted; and (b) at the request of a person engaging, or proposing to engage, in the export of a grape product, to co‑ordinate activities relating to the promotion of the export of the grape product; and (c) where a grape product proposed to be exported from Australia to a foreign country meets the requirements of that country for importation into that country, issue certificates that the product meets those requirements; and (d) to the extent required to promote the consumption and sale of grape products in Australia or overseas, to buy, sell or otherwise engage in trade in grape products and do all things necessary or convenient for engaging in that trade; and (e) to engage, or make arrangements with, persons, organisations or companies to perform work, or act as agent, for the Authority, whether in Australia or overseas; and (f) to charge such fees as are fair and proper to enable the Authority to meet costs incurred by the Authority in administering licensing arrangements relating to the export of grape products (including costs in relation to the grant or renewal of licences) and in ensuring that persons who are licensed to export grape products comply with the conditions under which the export of the grape products is permitted; and (g) to charge for the provision of goods or services, or the performance of work, by, or on behalf of, the Authority; and (ga) without limiting paragraph (g), to charge fees for the provision of services, or the performance of work, by or on behalf of: (i) the Authority; or (ii) the Geographical Indications Committee established by section 40N; in relation to the determination of geographical indications and translations of such indications by the Geographical Indications Committee (including determinations for the omission of such indications and translations); and (h) to waive the payment of fees and charges payable to the Authority; and (k) to make applications, including joint applications, for patents; and (l) to deal with patents vested in the Authority or in the Authority and other persons; and (m) to accept gifts, grants, bequests and devises made to the Authority, and act as trustee of money and other property vested in the Authority on trust; and (n) to join in the formation of a company. Requirements for determinations by the Authority (2A) A determination under paragraph (2)(aa), (ac) or (ad) is to be in writing under the Authority's seal. (2B) When the Authority makes a determination referred to in subsection (2A), the Chair must cause a notice stating that the determination has been made and setting out the terms of the determination to be published in any manner that the Authority thinks appropriate. (2C) The notice must include a statement to the effect that: (a) subject to the Administrative Review Tribunal Act 2024, application may be made, by or on behalf of any person whose interests are affected by the determination, to the Administrative Review Tribunal for review of the determination; and (b) the person may, under section 268 of that Act, request a statement of reasons for the determination. (2D) Any failure to comply with subsection (2C) in relation to a determination does not affect the validity of the determination. Review of determinations (2E) Application may be made to the Administrative Review Tribunal for review of a determination. (2F) Despite section 18 of the Administrative Review Tribunal Act 2024, an application to the Tribunal for review of a determination made under paragraph 8(2)(aa), (ac) or (ad) of this Act must be made within 28 days after notice of the determination is published in accordance with subsection 8(2B) of this Act. (2FA) Despite section 19 of the Administrative Review Tribunal Act 2024, an application to the Tribunal to extend the period during which an applicant may apply to the Tribunal in respect of a determination made under paragraph 8(2)(aa), (ac) or (ad) of this Act must be made within 28 days after notice of the determination is published in accordance with subsection 8(2B) of this Act. Inclusion of particulars in the Register (2G) The Chair must give a copy of the determination to the Registrar so that particulars of the determination can be included in the Register: (a) if an application is duly made to the Administrative Review Tribunal for review of the determination—as soon as practicable after the decision of the Tribunal on the review is given; or (b) otherwise—as soon as practicable after the 28th day after notice of the determination is published in accordance with subsection (2B). (2H) The determination takes effect on the day on which particulars of the determination are included in the Register. Consistency with corporate and operational plans (3) Subject to subsection 31K(4), the Authority shall endeavour to ensure, to the extent that it is practicable to do so, that the performance at any time of its functions and the exercise at any time of its powers is consistent with, and designed to give effect to, the provisions of any corporate plan and of any annual operational plan in force at that time. 10 Power to enter into arrangements etc. Without limiting the generality of section 8, the Authority may enter into arrangements or agreements (including arrangements or agreements under which money is, or may become, payable by the Commonwealth) with persons, authorities or organizations in Australia or overseas, or, with the consent of the Minister, with a State, for the purposes of the Authority. Note: For a grant of financial assistance to a State relating to grape or wine research and development activities, see section 10C. 10A Agreements for carrying out grape or wine research and development activities by other persons (1) The Authority may enter into an agreement with a person for the carrying out of grape or wine research and development activities by the person. (2) The agreement may: (a) provide for: (i) the money provided under the agreement; and (ii) any property acquired or goods produced with that money, or with money that includes that money; to be used for the purposes specified in the agreement; and (b) provide for the payment by the person to the Authority of an amount equal to the whole, or such part as the Authority determines, of the money provided under the agreement if any of the money, property or goods referred to in paragraph (a) is or are used for a purpose not specified in the agreement; and (c) make provision with respect to: (i) assigning inventions and interests in inventions; and (ii) applying for patents for inventions; and (iii) commercially exploiting patented inventions; and (iv) granting licences under patented inventions; where the inventions are made in the course of undertaking grape or wine research and development activities or doing anything else with that money or with money that includes that money; and (d) provide for the payment by the person to the Authority of an amount equal to the whole, or such part as the Authority determines, of any net income derived by the person from: (i) the money, property or goods referred to in paragraph (a); or (ii) patents or interests referred to in paragraph (c); and (e) provide for the assignment by the person to the Authority of any money, property, goods, patents or interests referred to in paragraph (d); and (f) provide for the payment by the person to the Authority of an amount of money determined by the Authority in accordance with the agreement in the event of the disposal (otherwise than to the Authority) of any property, goods, patents or interests referred to in paragraph (d). (3) Subsection (2) does not limit the matters that may be included in the agreement. (4) This section does not limit section 8. 10B Agreements for carrying out grape or wine research and development activities with other persons (1) The Authority may enter into an agreement (including a joint venture agreement or a partnership agreement) with a person for grape or wine research and development activities to be carried out by the Authority and the person. (2) The agreement must specify: (a) the objectives of the grape or wine research and development activities; and (b) the expected duration of the grape or wine research and development activities; and (c) the nature and extent of the contribution to be made by the Authority towards the grape or wine research and development activities; and (d) the basis for the distribution of profits and other benefits derived from the grape or wine research and development activities. (3) Subsection (2) does not limit the matters that may be included in the agreement. (4) This section does not limit section 8. 10C Grants relating to grape or wine research and development activities (1) The Authority may make a grant of financial assistance to a State if the grant relates to grape or wine research and development activities. (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Authority and the State. (3) For the purposes of this section, State includes: (a) the Australian Capital Territory; and (b) the Northern Territory. 10D Consultations with persons and organisations (1) The Authority may make arrangements for consulting: (a) persons and bodies representative of the grape industry or the wine industry (including any of the representative organisations); and (b) Commonwealth, State and Territory authorities concerned with the grape industry or the wine industry. (2) Arrangements made by the Authority under subsection (1) may provide for: (a) the Authority agreeing to meet travel expenses reasonably incurred by a person in connection with consultations with the Authority; and (b) subject to written guidelines given to the Authority by the Minister, the Authority agreeing to meet expenses (other than travel expenses) reasonably incurred by a representative organisation, or a member of a representative organisation, in connection with consultations with the Authority. (3) Subsection (2) does not limit subsection (1). (4) This section does not limit section 8. 11 Committees (1) The Authority may appoint a committee to assist the Authority in relation to a matter. (1A) Without limiting subsection (1), the Authority may appoint a committee under that subsection to perform the functions appropriate for an executive committee of the Authority. (2) A committee established under this section shall consist of such persons, including at least 1 director of the Authority, as the Authority thinks fit. 11A Authority does not have privileges and immunities of the Crown The Authority does not have the privileges and immunities of the Crown in right of the Commonwealth. Division 2—Constitution and membership of the Authority 12 Constitution of the Authority (1) The Authority: (a) is a body corporate with perpetual succession; and (b) must have a seal; and (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued in its corporate name. Note: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. (2) The seal of the Authority is to be kept in such custody as the Authority directs and must not be used except as authorised by the Authority. (3) All courts, judges and persons acting judicially must: (a) take judicial notice of the imprint of the seal of the Authority appearing on a document; and (b) presume that the document was duly sealed. 13 Membership of the Authority The Authority consists of the following directors: (a) a Chair; (b) at least 5, and not more than 7, other directors. 14 Appointment of directors of the Authority (1) Each director of the Authority is to be appointed by the Minister by written instrument. Note: The director of the Authority is eligible for reappointment: see the Acts Interpretation Act 1901. (2) A person is not eligible for appointment as a director of the Authority unless the Minister is satisfied that the person is suitably qualified for appointment because of expertise in one or more of the following fields: (a) grape growing; (b) winemaking; (c) marketing; (d) finance; (e) business management and administration; (f) government policy processes and public administration; (g) strategic management; (h) administration of research and development; (i) technology; (j) law; (k) human resource management; (l) communications. (3) A person is not eligible for appointment as a director of the Authority if the person is a member of the executive of a representative organisation. (4) The directors of the Authority (other than the Chair) are to be appointed from persons: (a) nominated by the Authority Selection Committee in accordance with section 27G; or (b) included on a list, given to the Minister under subparagraph 27G(1)(b)(ii), of persons the Authority Selection Committee considers suitable for nomination. (5) Before appointing the Chair of the Authority, the Minister must consult: (a) if there are already one or more directors of the Authority (other than the Chair)—those directors; and (b) in any case—each representative organisation. (6) In appointing directors of the Authority, the Minister must have regard to whether the directors of the Authority will collectively possess: (a) an appropriate balance of expertise in as many as possible of the fields referred to in subsection (2); and (b) experience in board affairs; and (c) appropriate diversity. (7) A director of the Authority holds office on a part‑time basis. 15 Period of appointment for directors of the Authority (1) A director of the Authority holds office for the period specified in the instrument of appointment. The period must not exceed 3 years. Note: For reappointment, see the Acts Interpretation Act 1901. (2) A director of the Authority must not be reappointed on more than one occasion. 16 Acting directors of the Authority Acting Chair of the Authority (1) The Minister may appoint a person to act as the Chair of the Authority: (a) during a vacancy in the office of the Chair of the Authority (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chair of the Authority: (i) is absent from duty or Australia; or (ii) is, for any reason, unable to perform the duties of the office. Acting director of the Authority (other than the Chair of the Authority) (2) The Minister may appoint a person to act as a director of the Authority (other than the Chair of the Authority): (a) during a vacancy in the office of a director of the Authority (other than the Chair of the Authority), whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when a director of the Authority (other than the Chair of the Authority): (i) is absent from duty or Australia; or (ii) is, for any reason, unable to perform the duties of the office. Eligibility (3) A person is not eligible for appointment to act as: (a) the Chair of the Authority; or (b) a director of the Authority (other than the Chair of the Authority); unless the person is eligible for appointment as a director of the Authority. Note 1: See subsections 14(2) and (3). Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. 17 Deputy Chair (1) The Authority may, in writing, appoint a director (other than the Chair) to be the Deputy Chair of the Authority for such period as is specified in the instrument of appointment. (2) The Deputy Chair holds office until: (a) his or her term of office as Deputy Chair expires; or (b) he or she ceases to be a director of the Authority; or (c) the Authority terminates the appointment; whichever first happens. Resignation (3) A director of the Authority may resign an appointment as Deputy Chair by giving the Chair a written notice of resignation. (4) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day. Division 3—Terms and conditions for directors of the Authority 18 Remuneration (1) A director of the Authority is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a director of the Authority is to be paid the remuneration that is prescribed by the regulations. (2) A director of the Authority is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 19 Disclosure of interests For the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), a director who is a grape grower or a winemaker is not taken to have a material personal interest that relates to the affairs of the Authority by reason only of being a grape grower or a winemaker. 20 Outside employment (1) A director of the Authority must not engage in any paid employment that conflicts or may conflict with the proper performance of his or her duties. (2) For the purposes of this Division, paid employment as a grape grower or a winemaker is taken not to be paid employment that conflicts with the proper performance of duties. 21 Leave of absence The Chair of the Authority may grant leave of absence to a director of the Authority on the terms and conditions that the Chair determines. 22 Resignation (1) A director of the Authority may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 23 Termination of appointment (1) The Minister may terminate the appointment of a director of the Authority if the director is unable to perform the duties of his or her office because of physical or mental incapacity. (2) The Minister may terminate the appointment of a director of the Authority if: (a) the director: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (c) the director engages in paid employment that conflicts or may conflict with the proper performance of his or her duties (see section 20); or (d) the Minister is satisfied that the performance of the director has been unsatisfactory for a significant period; or (e) the director is absent, except on leave of absence, from 3 consecutive meetings of the Authority. Note: The appointment of a director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials). (3) The Minister must terminate the appointment of a director of the Authority if the director becomes a member of the executive of a representative organisation. 24 Other terms and conditions A director of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. Division 4—Decision‑making by the Authority 25 Holding of meetings (1) The Authority is to hold such meetings as are necessary for the performance of its functions. (2) The Chair of the Authority may convene a meeting at any time. 26 Presiding at meetings (1) The Chair of the Authority presides at all meetings at which he or she is present. (2) If the Chair of the Authority is not present at a meeting: (a) the Deputy Chair must preside; or (b) if the Deputy Chair is not present—the directors of the Authority present must appoint one of themselves to preside. 26A Quorum (1) At a meeting of the Authority, a quorum is constituted by a majority of directors. (2) However, if: (a) a director of the Authority is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Authority with respect to a particular matter; and (b) when the director leaves the meeting concerned there is no longer a quorum present; the remaining directors at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter. 26B Voting at meetings etc. (1) At a meeting of the Authority, a question is decided by a majority of the votes of directors of the Authority present and voting. (2) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote. 26C Conduct of meetings (1) The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate. Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc. (2) The Authority may invite a person to attend a meeting of the Authority for the purpose of advising or informing the Authority on any matter. (3) A person referred to in subsection (2) is to be paid such fees, allowances and expenses (if any) as the Authority determines in respect of the person's attendance at a meeting of the Authority. 26D Minutes The Authority must keep minutes of its meetings. Part IV—Wine Australia Selection Committee Division 1—Introduction 27A Simplified outline of this Part • This Part deals with the Authority Selection Committee. • The functions of the Committee are: (a) to select persons to be nominated for appointment as directors of the Authority (other than the Chair); and (b) to nominate persons so selected to the Minister for appointment as directors of the Authority; and (c) to give the Minister a list of other persons the Authority Selection Committee considers suitable for nomination and the details of their qualifications and experience. Division 2—Establishment, functions and powers of the Authority Selection Committee 27B Authority Selection Committee (1) This section applies to the committee that was established by section 27B of the Australian Grape and Wine Authority Act 2013 (as in force immediately before the commencement of this section). (2) That committee continues in existence by force of this section as a committee, under and subject to the provisions of this Act, under the name Wine Australia Selection Committee. Note 1: In this Act, Authority Selection Committee means the Wine Australia Selection Committee—see section 4. Note 2: Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a body whose name is altered by an Act continues in existence under the new name so that its identity is not affected. 27C Functions of the Authority Selection Committee The functions of the Authority Selection Committee are: (a) to select persons to be nominated for appointment as directors of the Authority (other than the Chair); and (b) to nominate persons so selected to the Minister for appointment as directors of the Authority; and (c) to give the Minister a list of other persons the Authority Selection Committee considers suitable for nomination and the details of their qualifications and experience. 27D Powers of the Authority Selection Committee The Authority Selection Committee has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions. 27E Minister may request nominations The Minister may, by written notice given to the Presiding Member of the Authority Selection Committee, request the Authority Selection Committee to give to the Minister, within the period specified in the notice, a specified number of written nominations of persons for appointment as a director or directors of the Authority (other than the Chair). 27F Selection of persons by the Authority Selection Committee (1) The Authority Selection Committee must not nominate a person for appointment as a director of the Authority unless the person is eligible for that appointment. (2) The Authority Selection Committee must not nominate a person for appointment as a director of the Authority if: (a) the person is a member of the Authority Selection Committee; or (b) the person has been a member of the Authority Selection Committee at any time during the 12‑month period preceding the nomination. 27G Nominations (1) If the Minister gives a request to the Presiding Member of the Authority Selection Committee under section 27E: (a) the Authority Selection Committee must, before the end of the period specified in the notice, select persons to be nominated for appointment to the office or offices concerned; and (b) the Presiding Member of the Authority Selection Committee must, on behalf of the Authority Selection Committee, before the end of that period: (i) give to the Minister the number of nominations specified in the request; and (ii) make a list of any other persons the Authority Selection Committee considers suitab