to do anything for the purpose of giving effect to a prescribed wine-trading agreement; and

to determine any conditions of use that are to be applicable to any registered geographical indications and any registered translations of such indications; and

to determine in relation to a foreign country:

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

any conditions of use that are to be applicable to any or all of those expressions; and

to determine:

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

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

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

any conditions of use that are to be applicable to any or all of the terms referred to in subparagraphs (i) to (iii); and

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

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

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

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

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

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

to charge for the provision of goods or services, or the performance of work, by, or on behalf of, the Authority; and

without limiting paragraph (g), to charge fees for the provision of services, or the performance of work, by or on behalf of:

the Authority; or

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

to waive the payment of fees and charges payable to the Authority; and

to make applications, including joint applications, for patents; and

to deal with patents vested in the Authority or in the Authority and other persons; and

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

to join in the formation of a company.

Requirements for determinations by the Authority

(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

the person may, under section 268 of that Act, request a statement of reasons for the determination.

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

otherwise—as soon as practicable after the 28th day after notice of the determination is published in accordance with subsection (2B).

provide for:

the money provided under the agreement; and

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

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

make provision with respect to:

assigning inventions and interests in inventions; and

applying for patents for inventions; and

commercially exploiting patented inventions; and

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

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:

the money, property or goods referred to in paragraph (a); or

patents or interests referred to in paragraph (c); and

provide for the assignment by the person to the Authority of any money, property, goods, patents or interests referred to in paragraph (d); and

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).

the objectives of the grape or wine research and development activities; and

the expected duration of the grape or wine research and development activities; and

the nature and extent of the contribution to be made by the Authority towards the grape or wine research and development activities; and

the basis for the distribution of profits and other benefits derived from the grape or wine research and development activities.

the Australian Capital Territory; and

the Northern Territory.

persons and bodies representative of the grape industry or the wine industry (including any of the representative organisations); and

Commonwealth, State and Territory authorities concerned with the grape industry or the wine industry.

the Authority agreeing to meet travel expenses reasonably incurred by a person in connection with consultations with the Authority; and

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.

is a body corporate with perpetual succession; and

must have a seal; and

may acquire, hold and dispose of real and personal property; and

may sue and be sued in its corporate name.

take judicial notice of the imprint of the seal of the Authority appearing on a document; and

presume that the document was duly sealed.

grape growing;

winemaking;

marketing;

finance;

business management and administration;

government policy processes and public administration;

strategic management;

administration of research and development;

technology;

law;

human resource management;

communications.

nominated by the Authority Selection Committee in accordance with section 27G; or

included on a list, given to the Minister under subparagraph 27G(1)(b)(ii), of persons the Authority Selection Committee considers suitable for nomination.

if there are already one or more directors of the Authority (other than the Chair)—those directors; and

in any case—each representative organisation.

an appropriate balance of expertise in as many as possible of the fields referred to in subsection (2); and

experience in board affairs; and

appropriate diversity.

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

during any period, or during all periods, when the Chair of the Authority:

is absent from duty or Australia; or

is, for any reason, unable to perform the duties of the office.

Acting director of the Authority (other than the Chair of the Authority)

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

during any period, or during all periods, when a director of the Authority (other than the Chair of the Authority):

is absent from duty or Australia; or

is, for any reason, unable to perform the duties of the office.

Eligibility

the Chair of the Authority; or

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.

his or her term of office as Deputy Chair expires; or

he or she ceases to be a director of the Authority; or

the Authority terminates the appointment;

whichever first happens.

Resignation

the director:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the director engages in paid employment that conflicts or may conflict with the proper performance of his or her duties (see section 20); or

the Minister is satisfied that the performance of the director has been unsatisfactory for a significant period; or

the director is absent, except on leave of absence, from 3 consecutive meetings of the Authority.

the Deputy Chair must preside; or

if the Deputy Chair is not present—the directors of the Authority present must appoint one of themselves to preside.

(a) a director of the Authority is required by rules made for the purposes of 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; andsection 29 of the

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.

the person is a member of the Authority Selection Committee; or

the person has been a member of the Authority Selection Committee at any time during the 12-month period preceding the nomination.

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

the Presiding Member of the Authority Selection Committee must, on behalf of the Authority Selection Committee, before the end of that period:

give to the Minister the number of nominations specified in the request; and

make a list of any other persons the Authority Selection Committee considers suitable for nomination (and the details of their qualifications and experience) and give the list to the Minister.

the Committee considered the person suitable for nomination; and

the person was not so nominated.

details of the person’s qualifications and experience; and

such other information relating to the person as the Authority Selection Committee thinks will assist the Minister in considering whether to appoint the person.

the Minister has previously rejected a nomination of that person; or

the Authority Selection Committee has previously decided not to nominate the person for appointment.

must not be present during any deliberation by the Authority Selection Committee on the matter; and

(b) must not take part in any decision of the Authority Selection Committee with respect to the matter.

(a) must not be present during any deliberation of the Authority Selection Committee for the purpose of making the determination; and

must not take part in making the determination.

the member:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

(b) the member fails, without reasonable excuse, to comply with section 27P or 27Q; or

the member engages in paid employment that conflicts or may conflict with the proper performance of his or her duties (see section 27R); or

the member is absent, except on leave of absence, from 3 consecutive meetings of the Authority Selection Committee.

prepare a corporate plan for each designated 5-year period; and

give it to the Minister.

the principal objectives of the Authority;

the strategies and policies that are to be followed by the Authority in order to achieve those objectives;

the objectives and priorities of the Authority relating to grape or wine research and development;

the strategies and policies that are to be followed by the Authority in order to achieve those objectives and priorities;

such other matters (if any) as the Minister requires.

a requirement under paragraph (2)(e) that is in writing;

an approval under subsection (4);

an approval under subsection (6);

a guideline given under subsection (8).

the 5-year period beginning on 1 July 2015;

each succeeding 5-year period.

prepare a corporate plan within 3 months after the commencement of this subsection; and

give it to the Minister.

beginning when the plan takes effect; and

ending at the end of 30 June 2015.

the principal objectives of the Authority;

the strategies and policies that are to be followed by the Authority in order to achieve those objectives;

the objectives and priorities of the Authority relating to grape or wine research and development;

the strategies and policies that are to be followed by the Authority in order to achieve those objectives and priorities;

such other matters (if any) as the Minister requires.

a requirement under paragraph (3)(e) that is in writing;

an approval under subsection (5);

an approval under subsection (7);

a guideline given under subsection (9).

notice in writing that the Minister is contemplating giving the direction; and

an adequate opportunity to discuss with the Minister the need for the proposed direction.

(a) the Minister shall cause a notice in writing setting out particulars of the direction to be published in the Gazette as soon as practicable after giving the direction;

the Minister shall cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of the House after giving the direction;

particulars of the direction shall be included in the annual report of the Authority for the year in which the direction was given; and

that report shall include particulars of the impact of that direction on the operations of the Authority.

references (other than the reference in paragraph (5)(c)) to the Authority are taken to be references to that Committee; and

the reference in subsection (3) to the Chair is taken to be a reference to the Presiding Member of that Committee.

a person who grows grapes that are wine goods;

a manufacturer of wine goods;

a person who supplies or receives wine goods (including a person who sells the wine goods wholesale or retail or who exports the wine goods);

a person specified by the regulations for the purposes of this section;

an agent who takes possession of wine goods on behalf of a person mentioned in any of paragraphs (a) to (d).

a class of person to whom this Part applies; or

circumstances in which this Part applies to a specified class of person.

a specified class of person; or

a specified class of person in specified circumstances.

the identity of the record keeper;

the kind of wine goods to which the record relates;

the date the record keeper receives the wine goods;

the identity of the person from whom the wine goods are received by the record keeper;

the quantity of the wine goods received by the record keeper;

the vintage, variety and prescribed geographical indication of the wine goods received by the record keeper;

details of steps taken by the record keeper that changed or affected any of the following:

the vintage, variety or prescribed geographical indication of the wine goods;

the tank or other place or thing in which the wine goods were stored;

the volume of the wine goods stored in any such tank, place or thing;

the date the record keeper supplies the wine goods;

the identity of the person to whom the wine goods are supplied by the record keeper;

the quantity of the wine goods that are supplied by the record keeper;

the vintage, variety and prescribed geographical indication of the wine goods supplied by the record keeper;

any other details in relation to the wine goods that are prescribed by the regulations for the purposes of this section.

Period for keeping records

beginning:

when the event, circumstance or state of affairs that is required to be recorded occurs; or

if a record is required to be made before it can be kept—at the end of 3 days after the day that such an event, circumstance or state of affairs occurs; and

ending 7 years after that time.

Requirement to provide and keep a copy of a record in relation to supply of wine goods

beginning on the day the person receives the copy; and

ending 7 years after that time.

a person:

supplies or receives wine goods that are packaged in a container for the purpose of sale of the wine goods to a consumer; or

is an agent who, on behalf of a person covered by subparagraph (i), takes possession of wine goods that are packaged in a container for the purpose of sale of the wine goods to a consumer; and

before the wine goods are sold to a consumer, the person has not taken any steps to change or affect any label claims made about the wine goods;

the person is not required to keep a record showing details required under paragraphs 39F(1)(e) to (l) in relation to that supply, receipt or taking possession of the wine goods.

sufficient particulars of a person’s name and address to identify the person; and

if the person receives wine goods from or at, or supplies wine goods from or to, a winery—sufficient particulars of the name and address of the winery to identify the winery.

Manufacturing wine

an audit trail containing a history of the changes to the wine goods to be readily traced from the record; and

details of the steps taken and the results of the steps to be readily checked for discrepancies by following the sequence of the steps recorded.

Blends

what proportions of the blend are represented by each blended wine; and

the vintage, variety or prescribed geographical indication of each blended wine.

Grape extract

what proportions of the wine goods are derived from each kind of grape; and

the vintage, variety or prescribed geographical indication of each kind of grape.

the person is a person to whom this Part applies; and

the person is required to keep records in relation to wine goods under subsections 39F(1) and (2); and

the person has not kept a record in accordance with subsection 39F(1) or (2), or section 39H, in relation to the wine goods.

Label claims not supported by records

the person is a person to whom this Part applies; and

the person is required to keep records in relation to wine goods under subsections 39F(1) and (2); and

the person makes a label claim in relation to the wine goods; and

either:

a record kept by the person under those subsections in relation to the wine goods conflicts with the label claim; or

the records kept by the person under those subsections are inadequate to support the label claim.

Keeping a false or misleading record

the person is a person to whom this Part applies; and

the person is required to keep records under subsections 39F(1) and (2) in relation to wine goods; and

a record kept by the person under those subsections is false or misleading; and

the person knows the record is false or misleading.

the person is a person to whom this Part applies; and

the person is required to provide a copy of a record in relation to wine goods under subsection 39F(3); and

the person does not provide a copy in accordance with that subsection in relation to the wine goods.

Failure to keep a copy of a record in relation to the supply of wine goods

the person is a person to whom this Part applies; and

the person is provided with a copy of a record in relation to wine goods under subsection 39F(4); and

the person does not keep the copy in accordance with that subsection in relation to the wine goods.

(a) if the person’s name and address appears on a wine label as the supplier (within the meaning of the Australia New Zealand Food Standards Code (as defined by the Food Standards Australia New Zealand Act 1991)) of the wine—provide specified information in relation to records that this Division requires to be kept;

if the Authority has reason to believe that the person holds or controls a record that this Division requires to be kept—produce the record to the Authority.

the person is given a notice under section 39ZAA; and

the person refuses or fails to comply with the notice.

appoint an eligible person to be an inspector; or

appoint a class of eligible persons to be inspectors.

employees of the Authority;

officers and employees of the Commonwealth or of authorities of the Commonwealth;

officers and employees of a State or internal Territory whom a Minister of the Crown of the State, or Minister of the Territory, has agreed may be appointed as inspectors;

officers and employees of a local government body whom the body has agreed may be appointed as inspectors.

contain a recent photograph of the inspector to whom it is issued; and

be in a form approved by the Authority.

authorise an inspector (whether or not named in the warrant), with such assistance and by such force as is necessary and reasonable:

to enter the premises; and

to exercise inspection powers on the premises; and

state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

state the purpose for which the warrant is issued.

the inspector has reasonable grounds for suspecting that there is on the premises a particular thing that may afford evidence of the commission of a label offence; and

the inspector has produced his or her identity card for inspection by the occupier of the premises; and

the occupier of the premises has consented to the entry.

Consent

exercise inspection powers;

secure a thing pending the obtaining of a warrant under section 39ZF to seize it if the inspector has reasonable grounds for suspecting that the thing may afford evidence of the commission of a label offence.

Withdrawal of consent

state the name of the inspector; and

authorise the inspector, with such assistance and by such force as is necessary and reasonable:

to enter the place; and

to exercise inspection powers on the premises; and

to seize the thing that might afford evidence; and

state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and

state the purpose for which the warrant is issued.

the inspector may seize the evidence; and

the inspector may keep the evidence for 60 days, or, if a prosecution for a label offence in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; and

if the evidence is a book, record or document—while the inspector has possession of the evidence, the inspector must:

allow the evidence to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession; and

allow such a person to make a copy of the evidence.

finds a thing that the inspector believes, on reasonable grounds to be:

a thing (other than the evidence) that will afford evidence of the commission of the label offence mentioned in subsection (1); or

a thing that will afford evidence of the commission of another label offence; and

the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction;

subsection (1) applies to the thing as if it were the evidence.

answer any questions put by the inspector; and

produce any examinable documents requested by the inspector.

the person is required to answer a question or produce an examinable document under subsection (1); and

the person refuses or fails to comply with the requirement.

after having considered the terms of the information; and

after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same form of warrant that would be issued under section 39ZD or 39ZF (as the case requires).

Notification

the terms of the warrant; and

the day on which and the time at which the warrant was signed; and

the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect.

Form of warrant

the form of warrant completed by the applicant; and

the information referred to in subsection (3), which must have been duly sworn or affirmed.

Attachment

it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.

the person states a name of a magistrate in a document; and

the document purports to be a form of warrant under section 39ZI; and

the name is not the name of the magistrate who issued the warrant.

Offence for unauthorised form of warrant

the person states a matter in a form of warrant under section 39ZI; and

the matter departs in a material particular from the form authorised by the magistrate.

Offence for execution etc. of unauthorised form of warrant

the person executes a document or presents a document to a person; and

the document purports to be a form of warrant under section 39ZI; and

the document:

has not been approved by a magistrate under that section; or

departs in a material particular from the terms authorised by the magistrate under that section.

Offence for giving unexecuted form of warrant

the person gives a magistrate a form of warrant under section 39ZI; and

the document is not the form of warrant that the person executed.

the Australian Competition and Consumer Commission; or

a Department of, or an authority or other body established for a public purpose by, the Commonwealth, a State or a Territory with responsibilities relating to the labelling, description or quality of wine; or

a person who is prosecuting (or proposing to prosecute), or taking (or proposing to take) other proceedings against, a person under section 39J or 39K.

assist; and

achieve administrative savings in connection with;

the calculation and collection of:

wine grapes levy; or

wine export charge; or

grapes research levy.

kept by, or held on behalf of, the person; and

obtained by the Authority under this Part.

between Australia and places outside Australia; or

among the States; or

within a Territory; or

between a State and a Territory; or

between 2 Territories.

the person sells, exports or imports wine; and

the wine is sold, exported or imported by the person:

in trade or commerce; and

with a false description and presentation.

it includes the name of a country, or any other indication that the wine originated in a particular country, and the wine did not originate in that country; or

it includes a registered geographical indication, and the wine did not originate in a country, region or locality in relation to which the geographical indication is registered; or

it includes a registered translation of a registered geographical indication, and the wine did not originate in a country, region or locality in relation to which the geographical indication is registered; or

it includes a registered traditional expression, and:

the wine is not a wine in relation to which the expression is registered; and

the wine is in a category of wine in relation to which the expression is registered; and

the expression is in a language in relation to which the expression is registered; or

it is not in accordance with any provisions relating to the description and presentation of wine as are prescribed for the purposes of this paragraph.

a registered geographical indication; or

a registered translation of such an indication; or

a registered traditional expression;

is included in the description and presentation of wine even if the indication, translation or expression is accompanied by an expression such as “kind”, “type”, “style”, “imitation”, “method”, or any similar expression.

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

the wine originated in that country, region or locality; and

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

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

the word or term is a common English word or term; and

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

the description and presentation indicates the country, region or locality in which the wine originated; and

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

the name of an individual who manufactured, sold, exported or imported the wine; or

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

the address of the winery at which the wine was manufactured.

the description and presentation of wine includes a registered quality wine term; and

the wine originated in Australia; and

the description and presentation indicates that the wine originated in Australia or in a region or locality in Australia; and

the registered quality wine term is also a registered traditional expression; and

the wine is in a category of wine in relation to which the expression is registered;

then the description and presentation is not false merely because it includes the registered quality wine term.

Wine originating in non-agreement country

the term is not used in such a way as to be likely to mislead as to the country, region or locality in which the wine originated; and

the description and presentation indicates the country, region or locality in which the wine originated; and

(c) the inclusion of the term in the description and presentation does not constitute unfair competition within the meaning of Article 10bis of the Paris Convention for the Protection of Industrial Property of 20 March 1883 as amended.

Inclusion of trade mark

the description and presentation of wine includes a trade mark; and

the trade mark contains or consists of a registered traditional expression; and

before the protection date for the traditional expression:

the trade mark had been entered in good faith in the Register of Trade Marks; or

the owner of the trade mark had acquired rights in the trade mark through use in good faith;

then the description and presentation is not false merely because it includes that trade mark.

Inclusion of business name

the description and presentation of wine includes a business name; and

the business name contains or consists of a registered traditional expression; and

(c) before the protection date for the traditional expression, the business name was registered in good faith under the law of a State or Territory or on the Business Names Register established and maintained under Business Names Registration Act 2011;section 22 of the

then the description and presentation is not false merely because it includes that business name.

if the traditional expression is registered in relation to an agreement country under paragraph 40ZD(2A)(a):

unless subparagraph (ii) applies—the date on which the prescribed wine-trading agreement to which that country is a party was signed; or

if that agreement is modified after that date to include the traditional expression and paragraph (b) does not apply—the date on which the agreement is so modified; or

if the traditional expression is registered in relation to a foreign country (whether or not an agreement country) under paragraph 40ZD(2A)(b)—the date on which the traditional expression is registered.

Subdivision B—Sale, export or import of wine with a misleading description and presentation

the person sells, exports or imports wine; and

the wine is sold, exported or imported by the person:

in trade or commerce; and

with a misleading description and presentation.

it includes a registered geographical indication, and the indication is used in such a way as to be likely to mislead as to the country, region or locality in which the wine originated; or

it includes a registered translation of a registered geographical indication, and the translation is used in such a way as to be likely to mislead as to the country, region or locality in which the wine originated; or

it includes a registered traditional expression, and:

the wine is not a wine in relation to which the expression is registered; and

the wine is not in a category of wine in relation to which the expression is registered; and

the expression is in a language in relation to which the expression is registered; and

the expression is used in such a way as to be likely to mislead that the wine originated in a country, region or locality in relation to which the expression is registered or that the wine is in a category of wine in relation to which the expression is registered.

a registered geographical indication; or

a registered translation of such an indication; or

a registered traditional expression;

is included in the description and presentation of wine even if the indication, translation or expression is accompanied by an expression such as “kind”, “type”, “style”, “imitation”, “method”, or any similar expression.

Inclusion of word resembling geographical indication, translation or traditional expression

it includes an indication or term that so resembles a registered geographical indication as to be likely to mislead that the wine originated in a country, region or locality in relation to which the indication is registered; or

it includes a term that so resembles a registered translation of a registered geographical indication as to be likely to mislead that the wine originated in a country, region or locality in relation to which the indication is registered; or

both of the following apply:

it includes a term that so resembles a registered traditional expression as to be likely to mislead that the wine originated in a country, region or locality in relation to which the expression is registered or that the wine is in a category of wine in relation to which the expression is registered;

the wine originated in a foreign country that is not an agreement country.

Inclusion of name of individual or address of winery

it includes:

the name of an individual who manufactured, sold, exported or imported the wine; or

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

the name or address of the winery at which the wine was manufactured; and

the name or address, as the case may be, is used in such a way in the description and presentation as to be likely to mislead as to the country, region or locality in which the wine originated.

Not in accordance with prescribed provisions

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

the wine originated in that country, region or locality; and

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

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

the word or term is a common English word or term; and

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

the description and presentation indicates the country, region or locality in which the wine originated; and

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.

the description and presentation of wine includes a registered quality wine term; and

the wine originated in Australia; and

the description and presentation indicates that the wine originated in Australia or in a region or locality in Australia; and

the registered quality wine term is also a registered traditional expression; and

the wine is in a category of wine in relation to which the expression is registered;

then the description and presentation is not misleading merely because it includes the registered quality wine term.

Inclusion of trade mark

the description and presentation of wine includes a trade mark; and

the trade mark contains or consists of a registered traditional expression; and

before the protection date for the traditional expression:

the trade mark had been entered in good faith in the Register of Trade Marks; or

the owner of the trade mark had acquired rights in the trade mark through use in good faith;

then the description and presentation is not misleading merely because it includes that trade mark.

Inclusion of business name

the description and presentation of wine includes a business name; and

the business name contains or consists of a registered traditional expression; and

(c) the business name was registered in good faith under the law of a State or Territory or on the Business Names Register established and maintained under Business Names Registration Act 2011 before the protection date for the traditional expression;section 22 of the

then the description and presentation is not misleading merely because it includes that business name.

the person sells, exports or imports wine; and

the wine is sold, exported or imported by the person in trade or commerce with a description and presentation that:

includes an indication or term that is a registered geographical indication, a registered translation of such an indication, a registered traditional expression, a registered quality wine term or a registered additional term; and

does not comply with any registered conditions of use applicable to that geographical indication, translation, traditional expression, quality wine term or additional term (as the case may be).

Indication or term registered for more than one place

the indication or term is registered in one or more Parts of the Register in relation to one or more countries, regions or localities; and

the description and presentation complies with the registered conditions of use applicable to the indication or term as registered in one of those Parts for one of those countries, regions or localities; and

the wine originated in that country, region or locality; and

the description and presentation indicates that the wine originated in that country, region or locality.

Indication or term is registered additional term for particular wine

the indication or term is a registered additional term for a particular wine and is also either or both of the following:

a registered additional term for another particular wine;

registered in one or more Parts of the Register in relation to one or more countries, regions or localities; and

the description and presentation complies with the registered conditions of use that are applicable to the indication or term as registered:

for one of those particular wines; or

in one of those Parts for one of those countries, regions or localities; and

either:

if subparagraph (b)(i) applies—the wine is the particular wine; or

if subparagraph (b)(ii) applies—the wine originated in that country, region or locality, and the description and presentation indicates that the wine originated in that country, region or locality.

originate in Australia or an agreement country; and

are consigned in small quantities between Australia and an agreement country under the conditions, and in accordance with the procedures, prescribed by the regulations.

the Authority;

a person engaged in the manufacture of wine or the growing of wine grapes in Australia or in a designated foreign country;

an organisation established under the law of Australia or of a designated foreign country whose objects or purposes include any of the following:

the promotion of the manufacture of wine, the growing of wine grapes or the marketing of wine;

the promotion or protection of the interests of persons engaged in the manufacture of wine, the growing of wine grapes or the marketing of wine;

the promotion or protection of the interests of consumers of wine.

subject to paragraph (b), the oenological practices or processes, or compositional requirements, set out in a prescribed wine-trading agreement as in force or existing from time to time; or

if, in accordance with such an agreement, Australia has been notified of the authorisation of modifications of the oenological practices or processes, or compositional requirements, set out in the agreement—the oenological practices or processes, or compositional requirements, as so modified.

Practices, processes and requirements prescribed by the regulations

must not prescribe oenological practices or processes, or compositional requirements, in relation to wine originating in any foreign country unless the oenological practices or processes, or compositional requirements, apply to wine under the laws and regulations of a foreign country; and

may prescribe oenological practices or processes, or compositional requirements, by applying, adopting or incorporating (with or without modification) a written instrument or other document:

as in force or existing at a particular time; or

as in force or existing from time to time.

Minister may suspend operation of section

(a) must be by written notice signed by the Minister and published in the Gazette; and

takes effect on a day stated in the notice that is not earlier than the day following the date of publication; and

remains in force, unless sooner revoked, for one year.

(a) to deal with applications for the determination of geographical indications for wine in relation to regions and localities in Australia (Australian GIs) in accordance with this Part; and

to make determinations of Australian GIs in accordance with this Part (including determining any conditions of use applicable to such GIs); and

to make determinations for the omission of Australian GIs in accordance with this Part; and

any other functions conferred on the Committee under this Part or under the regulations.

(a) an application under proposed GI); orsection 40R has been made for the determination of a geographical indication (the

(b) the Committee is considering determining a geographical indication (the proposed GI) on its own initiative under section 40Q; or

(c) after an application under proposed GI) that is different from the GI proposed in the application.section 40R has been made, the Committee is considering, under paragraph 40T(3)(b), determining a geographical indication (the

set out the proposed GI; and

invite persons to make written objections to the Registrar of Trade Marks in relation to the proposed GI on a ground set out in section 40RB; and

invite those objections to be made within the period of not less than one month stated in the notice.

that the trade mark consists of a word, expression or other indication that is identical to the proposed GI;

that:

the trade mark consists of a word, expression or other indication; and

(ii) the proposed GI is likely to cause confusion with that word, expression or other indication;

that:

the trade mark contains a word, expression or other indication; and

the proposed GI is likely to cause confusion with that word, expression or other indication; and

the owner has trade mark rights in that word, expression or other indication.

that:

the application was made in good faith; and

the trade mark consists of a word, expression or other indication that is identical to the proposed GI; and

(iii) prima facie, the requirements under the Trade Marks Act 1995 for accepting an application for registration of a trade mark would be satisfied in respect of the trade mark applied for;

that:

the application was made in good faith; and

the trade mark consists of a word, expression or other indication; and

(iii) the proposed GI is likely to cause confusion with that word, expression or other indication; and

(iv) prima facie, the requirements under the Trade Marks Act 1995 for accepting an application for registration of a trade mark would be satisfied in respect of the trade mark applied for;

that:

the application was made in good faith; and

the trade mark contains a word, expression or other indication; and

(iii) the proposed GI is likely to cause confusion with that word, expression or other indication; and

(iv) prima facie, the requirements under the Trade Marks Act 1995 for accepting an application for registration of a trade mark would be satisfied in respect of the trade mark applied for; and

after registration, the applicant would have trade mark rights in the word, expression or other indication.

Trade mark not registered

that:

the trade mark consists of a word, expression or other indication that is identical to the proposed GI; and

the person has trade mark rights in that word, expression or other indication; and

the rights were acquired through use in good faith;

that:

the trade mark consists of or contains a word, expression or other indication; and

(ii) the proposed GI is likely to cause confusion with that word, expression or other indication; and

the person has trade mark rights in that word, expression or other indication; and

the rights were acquired through use in good faith.

the Registrar of Trade Marks receives an objection in relation to the proposed GI on a ground set out in section 40RB; and

the objection is received within the period stated in the notice under section 40RA;

the Registrar of Trade Marks must in writing notify the Committee of the receipt and terms of the objection.

Registrar of Trade Marks to make decision on whether ground made out or not

the Registrar of Trade Marks decides that the ground of objection is made out; and

the Registrar of Trade Marks is satisfied that it is reasonable in the circumstances to recommend to the Committee that the proposed GI be determined despite the objection having been made out;

the Registrar of Trade Marks may make the recommendation. The recommendation must be in writing.

the person who proposed the GI, if there was an application under section 40R for the GI;

the person who objected to the determination of the proposed GI;

the Committee.

Notice to be given by Committee

setting out the proposed GI; and

stating that a decision of the Registrar of Trade Marks has been made in relation to the proposed GI; and

setting out the terms of the decision and any recommendation made under subsection 40RC(3) in relation to the proposed GI.

a decision has been made that a ground of objection to a proposed GI has been made out; and

a person applies in writing to the Registrar of Trade Marks for a decision that circumstances have changed since that decision was made such that the ground of objection no longer exists;

the Registrar of Trade Marks may, in writing, make a decision that the ground of objection no longer exists.

subsection 40RC(2) (a decision that a ground of objection is or is not made out); and

subsection 40RC(3) (a recommendation that a proposed GI be determined or a refusal to make such a recommendation); and

section 40RE (a decision that a ground of objection no longer exists or a refusal to make such a decision).

admit further evidence orally, or on affidavit or otherwise;

permit the examination and cross-examination of witnesses, including witnesses who gave evidence before the Registrar of Trade Marks;

order an issue of fact to be tried as it directs;

affirm, reverse or vary the Registrar of Trade Marks’s decision;

give any judgment, or make any order, that, in all the circumstances, it thinks fit;

order a party to pay costs to another party.

prescribing the time for starting the action or proceeding or for doing any other act or thing; or

for an extension of that time.

all appeals against, or reviews of, the decision (if any) in relation to the GI have been finalised; and

the decision standing after the appeals and reviews have been finalised is that a ground of objection has not been made out in relation to the GI.

If grounds for objection made out and person agrees to determination of GI

a recommendation has been made to the Committee under subsection 40RC(3) that the GI should be determined despite the ground of objection having been made out; and

all appeals against, or reviews of, the decision that the GI should be determined (if any) have been finalised; and

the decision standing after the appeals and reviews have been finalised is that the GI should be determined.

If grounds for objection made out and a decision is made under section 40RE

a decision has been made under section 40RE that the ground of objection no longer exists; and

all appeals against, or reviews of, the decision that the ground no longer exists (if any) have been finalised; and

the decision standing after the appeals and reviews have been finalised is that the ground no longer exists.

identify in the determination the boundaries of the area or areas in the region or locality to which the determination relates; and

determine the indication to be used to indicate that area or those areas; and

determine any conditions of use that are to be applicable to the geographical indication.

determine an area or areas having boundaries different from those stated in the application;

determine an indication to be used to indicate the area or areas constituting the geographical indication that is different from an indication proposed in the application.

(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 Administrative Review Tribunal Act 2024, request a statement of reasons for the determination; andsection 268 of the

if a decision has been made under section 40RC before the final determination, no application to the Administrative Review Tribunal may be made in respect of that decision under section 40RC. An appeal lies to the Federal Court under section 40RF from a decision under section 40RC.

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

otherwise—as soon as practicable after the 28th day after notice of the determination is published in accordance with section 40X.

that the GI has been registered for a period of more than 5 years before the date of the notice under section 40ZAE;

that the GI has not been used during the period of 3 years before the date of the notice under section 40ZAE (see subsection (3));

that no special circumstances exist in relation to the region or locality indicated by the GI that would preclude the making of a determination to omit the GI from the Register (see subsection (4)).

Meaning of GI not been used

there has not been a production of wine for commercial use originating in the region or locality indicated by the GI; and

wine originating in the region or locality indicated by the GI has not been described and presented for sale within Australia, or for export, using that GI.

Meaning of special circumstances

the region or locality indicated by the GI has been affected by fire, drought or some other disaster; and

as a result of being so affected, there has not been a production of wine for commercial use originating in the region or locality indicated by the GI during the period of 3 years immediately before the date of the notice under section 40ZAE.

if an application is made to the Administrative Review Tribunal under section 40ZAH for review of the determination—as soon as practicable after the decision of the Tribunal on the review is given; or

otherwise—as soon as practicable after the 28th day after notice of the determination is published in accordance with section 40ZAG.

a declared winemakers’ organisation (if any);

a declared wine grape growers’ organisation (if any);

the organisation or organisations representing winemakers in a State or Territory wholly or partly covered by the region or locality in Australia indicated by the GI;

the organisation or organisations representing growers of wine grapes in a State or Territory wholly or partly covered by the region or locality in Australia indicated by the GI.

the application is not accompanied by the fee, and the fee is not waived by the Authority; or

the application is not accompanied by the statements referred to in subsection (2);

then the application is taken never to have been made.

provide for the Committee to deal with applications for the determination of geographical indications, and translations of such indications, in relation to wine originating in a foreign country or a region or locality in a foreign country; and

provide for the Committee to make determinations of such indications and translations (including determining any conditions of use applicable to such indications and translations); and

set out criteria for use by the Committee in making such determinations; and

provide for review by the Administrative Review Tribunal of such determinations.

Role of Registrar of Trade Marks

provide for objections to be made to the Registrar of Trade Marks in relation to the determination of proposed geographical indications, and translations of such indications, in relation to wine originating in a foreign country or a region or locality in a foreign country; and

set out the grounds on which such objections may be made; and

set out the procedure to be followed in dealing with such objections (including the charging of fees, the holding of hearings and the taking of evidence); and

provide for the Registrar of Trade Marks to make recommendations to the Committee in relation to the determination of the proposed indications and translations.

Timing of applications for review to the Administrative Review Tribunal

admit further evidence orally, or on affidavit or otherwise;

permit the examination and cross-examination of witnesses, including witnesses who gave evidence before the Registrar of Trade Marks;

order an issue of fact to be tried as it directs;

affirm, reverse or vary the prescribed decision;

give any judgment, or make any order, that, in all the circumstances, it thinks fit;

order a party to pay costs to another party.

prescribing the time for starting the action or proceeding or for doing any other act or thing; or

for an extension of that time.

provide for the Committee to deal with applications for the omission from the Register of registered geographical indications, and registered translations of such indications, in relation to a foreign country or a region or locality in a foreign country; and

provide for the Committee to make determinations for the omission from the Register of such indications and translations; and

set out the grounds on which such determinations may be made; and

provide for review by the Administrative Review Tribunal of such determinations.

Timing of applications for review to the Administrative Review Tribunal

Part 1 is to include:

geographical indications in relation to wines originating in Australia, and any conditions of use applicable to those indications; and

geographical indications in relation to wines originating in a foreign country, any translations of those indications, and any conditions of use applicable to those indications or translations;

Part 2 is to include traditional expressions in relation to wines originating in a foreign country, and any conditions of use applicable to those expressions;

Part 3 is to include quality wine terms in relation to wines originating in Australia, and any conditions of use applicable to those terms;

Part 4 is to include other terms (not being geographical indications, translations of geographical indications, traditional expressions, or terms referred to in paragraph (c)), in relation to wines, and any conditions of use applicable to those terms.

Particulars that must be included in Part 1 of the Register

in relation to Australia:

Australia; and

the name of each State and internal Territory; and

any geographical indication determined by the Committee under Division 4 to be a geographical indication in relation to wines originating in Australia; and

any region or locality in relation to which such a geographical indication is determined; and

any conditions of use applicable to such a geographical indication;

in relation to an agreement country:

each geographical indication that, under a prescribed wine-trading agreement to which that country is a party, is a geographical indication in relation to wines originating in that country; and

any translation, recognised by that wine-trading agreement, of each such geographical indication; and

any region or locality in relation to which each such geographical indication is to be registered; and

any conditions of use applicable to a geographical indication referred to in subparagraph (i) or a translation referred to in subparagraph (ii);

in relation to a foreign country (whether or not an agreement country):

any geographical indication determined by the Committee, under regulations made for the purposes of Division 4B, to be a geographical indication in relation to wines originating in that country; and

any translation determined by the Committee, under regulations made for the purposes of Division 4B, to be a translation of such a geographical indication; and

any region or locality in relation to which each such geographical indication is determined; and

any conditions of use applicable to a geographical indication referred to in subparagraph (i) or a translation referred to in subparagraph (ii).

Particulars that must be included in Part 2 of the Register

in relation to an agreement country:

each traditional expression that is listed in relation to wines originating in that country in a prescribed wine-trading agreement to which that country is a party; and

each wine originating in that country that is listed in that wine-trading agreement in relation to each such traditional expression; and

each category of wine that is listed in that wine-trading agreement in relation to each such traditional expression; and

each language that is listed in that wine-trading agreement in relation to each such traditional expression; and

any conditions of use applicable to each such traditional expression;

in relation to a foreign country (whether or not an agreement country):

each traditional expression that is listed in the laws and regulations of that country for the purpose of the description and presentation of wines originating in that country, and that is determined by the Authority; and

each wine originating in that country that is listed in those laws and regulations in relation to such a traditional expression; and

each category of wine that is listed in those laws and regulations in relation to such a traditional expression; and

each language that is listed in those laws and regulations in relation to such a traditional expression; and

any conditions of use applicable to each such traditional expression.

Particulars that must be included in Part 3 of the Register

(a) each term (a quality wine term) that, under a prescribed wine-trading agreement to which Australia is a party, is a quality wine term in relation to wines originating in Australia;

any region or locality in relation to which each such term is to be registered;

any conditions of use applicable to each such term.

Particulars that must be included in Part 4 of the Register

in relation to Australia:

each term (other than a geographical indication or a quality wine term) that, under a prescribed wine-trading agreement to which Australia is a party, is required to be protected for the purpose of the description and presentation of wine originating in Australia; and

any other term that the Authority has determined is required to be protected for the purpose of the description and presentation of wine originating in Australia; and

any region or locality in relation to which a term referred to in subparagraph (i) or (ii) is to be registered; and

any conditions of use applicable to a term referred to in subparagraph (i) or (ii);

in relation to an agreement country:

each term (other than a geographical indication, a translation of a geographical indication, or a traditional expression) that, under a prescribed wine-trading agreement to which that country is a party, is required to be protected for the purpose of the description and presentation of wine originating in that country; and

any region or locality in relation to which each such term is to be registered; and

any conditions of use applicable to each such term;

in relation to a foreign country (whether or not an agreement country):

each term (other than a geographical indication, a translation of a geographical indication, or a traditional expression) that is recognised in the laws and regulations of that country for the purpose of the description and presentation of wine originating in that country, and that is determined by the Authority; and

any region or locality in relation to which each such term is to be registered; and

any conditions of use applicable to each such term;

any other term (not being a geographical indication, a translation of a geographical indication, a traditional expression or a quality wine term) that the Authority has determined is required to be protected in relation to particular wines, and any conditions of use applicable to those terms.

it appears to the Authority that:

an entry in the Register is not, or has ceased to be, necessary; or

an entry in the Register is included in the wrong part of the Register;

and the inclusion of the entry in the Register, or in that part of the Register, did not result from a determination made by the Committee under Division 4 or under regulations made for the purposes of Division 4B; or

it appears to the Authority that an entry should not have been included in the Register, or an entry in the Register is incorrect, because of a clerical or similar error;

the Authority may direct the Registrar to omit the entry from the Register, to omit the entry from that part of the Register and insert it in the correct part, or to correct the entry, as the case requires.