Agricultural Industry Services (Wine Grapes Marketing Board) Regulation 2003 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Agricultural Industry Services (Wine Grapes Marketing Board) Regulation 2003.

2Definitions

In this Regulation:

area of operations, in relation to the Board, means the area of operations for which the Board is constituted, as set out in clause 5.

Board means the agricultural industry services committee established by this Regulation.

former Board means the Wine Grapes Marketing Board, as constituted under the Marketing of Primary Products Act 1983 immediately before the commencement of this Regulation.

MIA wine grapes means any variety of grapes grown within the Board’s area of operations for use for processing into wine, must, juice or wine spirit.

the Act means the Agricultural Industry Services Act 1998.

wine grape grower means a grower that belongs to the class of primary producers referred to in clause 4.

winery means a processor that processes MIA wine grapes within the Board’s area of operations.

Part 2Establishment and functions of Board3Establishment of Board(1)

There is established by this Regulation an agricultural industry services committee with the corporate name of the Wine Grapes Marketing Board.

(2)

The Board is a continuation of the former Board.

4Class of primary producers for which Board is constituted

For any calendar year, the class of primary producers for which the Board is constituted includes all growers within the Board’s area of operations who, during the previous calendar year, harvested more than 20 tonnes of MIA wine grapes, but does not include:

• (a)

  in the case of a corporation:

  • (i)

    a grower that is also a winery, or

  • (ii)

    a grower in which a winery has a controlling interest, or

• (b)

  in the case of an individual:

  • (i)

    a grower who is also a winery, or

  • (ii)

    a grower who is a director of a corporation that is a winery and who (as a grower) supplies the winery with all of the MIA wine grapes that he or she harvests.

5Area of operations of Board

The area of operations for which the Board is constituted consists of the City of Griffith and the local government areas of Carrathool, Leeton and Murrumbidgee.

6Commodity for which Board is constituted

The commodity for which the Board is constituted is MIA wine grapes.

7Agricultural industry services of Board

The agricultural industry services for which the Board is constituted are as follows:

• (a)

  the development of a code of conduct for contract negotiations between wine grape growers and wineries,

• (b)

  the development of draft contract provisions with respect to the sale of MIA wine grapes to wineries, including provisions with respect to:

  • (i)

    the prices to be paid by wineries, and

  • (ii)

    the terms and conditions of payment to be observed by wineries,

  in relation to MIA wine grapes delivered to them by wine grape growers,

• (c)

  the promotion of private contracts for the sale of MIA wine grapes to wineries by wine grape growers,

• (d)

  the collection and dissemination of market and industry information, including the production and publication of indicator prices for MIA wine grapes grown in the Board’s area of operations,

• (e)

  the conduct of research and development into plant health in relation to wine grapes,

• (f)

  the provision of education and training in relation to wine grape production and marketing,

• (g)

  the promotion (in association with organisations representing wineries) of wine made from MIA wine grapes,

• (h)

  the promotion of regional industry, including regional wine-making, within the Board’s area of operations,

• (i)

  the representation of the wine grape industry in relation to the matters referred to in paragraphs (a)–(h).

Part 3Other provisions relating to Board8Membership of Board(1)

The Board is to consist of 7 members, of whom:

• (a)

  five are to be elected by the Board’s constituents, and

• (b)

  two are to be appointed by the elected members.

(2)

If there are insufficient eligible nominees for election under subclause (1) (a), additional members are to be appointed by the elected members to make up the insufficiency.

9Quorum for meeting of Board

The quorum for a meeting of the Board is 4 of its members.

10Voting entitlements of constituents

The voting entitlements for the Board’s constituents for both polls and elections is one vote per constituent.

11Quorum for meeting of constituents

The quorum for a meeting of the Board’s constituents is 30 constituents.

12Financial year

The financial year of the Board is the year ending on 31 December.