Australian Wine and Brandy Corporation Amendment Regulations 2000 (No. 1) (Cth)

Australian Wine and Brandy Corporation Amendment Regulations 2000 (No. 1)

Statutory Rules 2000 No. 130

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under theAustralian Wine and Brandy Corporation Act 1980.

Dated 21 June 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

warren truss

Minister for Agriculture, Fisheries and Forestry

Australian Wine and Brandy Corporation Amendment Regulations 2000 (No. 1)1

Statutory Rules 2000 No. 1302

made under the

Australian Wine and Brandy Corporation Act 1980

   

Contents

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1Name of Regulations

 These Regulations are the Australian Wine and Brandy Corporation Amendment Regulations 2000 (No. 1).

2Commencement

 These Regulations commence on 1 January 2001.

3Amendment of Australian Wine and Brandy Corporation Regulations

Schedule 1 amends the Australian Wine and Brandy Corporation Regulations.

4Transitional

(1) Regulation 16 of the Australian Wine and Brandy Corporation Regulations, as in force immediately before 1 January 2001, continues to apply during the marketing period to the use of the name ‘Riesling’ to describe and present wine if:

• (a)

  the wine was produced and labelled before 1 January 2001; and

• (b)

  the name is used by:

  • (i)

    a wholesaler of wine in the course of the wholesaler’s business; or

  • (ii)

    a retailer of wine in the course of the retailer’s business.

• (2)

  In subregulation (1):

 during the marketing period means from 1 January 2001 until:

• (a)

  for a wholesaler — the end of 30 June 2001; or

• (b)

  for a retailer:

  • (i)

    the end of 30 June 2001; or

  • (ii)

    if the retailer has a stock of the wine at the end of that day — the stock is exhausted.

Schedule 1Amendments

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(regulation 3)

[1]Regulation 1

substitute

1Name of Regulations

 These Regulations are the Australian Wine and Brandy Corporation Regulations 1981.

[2]Regulation 13

substitute

13Geographical indications and traditional expressions

 For subsection 40J (5) of the Act, the use of a geographical indication or traditional expression mentioned in Schedule 1 is exempted from

the operation of sections 40C and 40E and subsection 40H (1) of the Act.

[3]Regulation 16

omit

[4]After subregulation 17 (3)

insert

• (4)

  However, the exemption in subregulation (1) ceases to apply to the use of the name ‘Riesling’ permitted under the repealed regulations:

  • (a)

    for a wholesaler — at the end of 30 June 2001; or

  • (b)

    for a retailer:

    • (i)

      at the end of 30 June 2001; or

     (ii) if the retailer has a stock of the wine at the end of that day — when the stock is exhausted.

• (5)

  In subregulation (4):

the repealed regulations means regulation 16 and subregulations 19 (3) and 20 (7) of the Australian Wine and Brandy Corporations Regulations as in force immediately before 1 January 2001.

[5]Subregulation 19 (3)

omit

[6]Subregulation 20 (7)

omit

[7]Schedule, heading

substitute

Schedule 1Geographical indications and traditional expressions

[8]Schedule, Parts 1 and 2

omit

[9]Schedule, Part 3, heading

omit

Notes

1. These Regulations amend Statutory Rules 1981 No. 156, as amended by 1986 No. 161; 1993 No. 374; 1994 No. 338.

2. Made by the Governor-General on 21 June 2000, and notified in the Commonwealth of Australia Gazette on 28 June 2000.