National Security (Wine Industry) Regulations (Cth)

STATUTORY RULES.

1940. No. 54.

–––––

REGULATIONS UNDER NATIONAL SECURITY ACT 1939.*

WHEREAS the exportation of Australian wine is likely to be materially restricted by reason of the present state of war and, in particular, by reason of a shortage of shipping space resulting therefrom:

And whereas the above recited circumstances are likely to affect detrimentally the wine industry in the Commonwealth and cause grapes and fortifying spirit to be sold in the Commonwealth at such prices that growers of grapes will not obtain fair or reasonable remuneration therefor:

And whereas it is desirable, for the purpose of securing the public safety and the defence of the Commonwealth, to ensure that growers of grapes used in the manufacture of wine or spirit shall obtain fair and reasonable remuneration therefor:

Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939.

Dated this twentieth day of March, 1940.

Governor-General,

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Wine Industry) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Wine Industry) Regulations.

Objects.

2. The purpose of these Regulations is to ensure that growers of grapes used in the manufacture of wine or spirit shall obtain fair and reasonable remuneration therefor and these Regulations shall be administered and construed accordingly.

 

Notified in the Commonwealth Gazette on  , 1940.

1474.—14/12.3.1940—Price 5d.

Application.

3. These Regulations shall not apply in any Territory of the Commonwealth not being part of the Commonwealth.

Interpretation.

4.—(1.) In these Regulations, unless the contrary intention appears—

“distiller” means a person who holds either a vigneron’s licence or a spirit maker’s licence under the Distillation Act 1901-1934;

“distillery” means any premises where spirit is distilled;

“fortifying spirit” means spirit for the fortification of wine, but does not include brandy;

“grapes” includes dried grapes;

“minimum price”—

(a) in relation to grapes, means the minimum price determined by the Minister in pursuance of these Regulations as the price to be paid for grapes, and—

(i) where payment in full is made upon delivery, or not later than the thirtieth day of June next following the date of delivery, means the price so determined less discount at such rate or rates as the Minister fixes; and

(ii) where payment is not so made, means the price so determined together with interest at such rate as is fixed by the Minister upon the amount for the time being remaining unpaid; and

(b)in relation to fortifying spirit, means the minimum price determined by the Minister in pursuance of these Regulations as the price to be paid for fortifying spirit, and—

(i) where payment in full is made upon delivery, or not later than a date fixed by the Minister, means the price so determined less discount at such rate or rates as the Minister fixes; and

(ii) where payment is not so made, means the price so determined together with interest at such rate as is fixed by the Minister upon the amount for the time being remaining unpaid;

“spirit” means the liquor product of the distillation of fermented grapes;

“the Minister” means the Minister of State for Trade and Customs;

“wine” means the fermented juice of grapes, and includes wine to which spirit has been added;

“winemaker” means any person who owns or controls a winery;

“winery” means any premises where wine is produced.

(2.) For the purposes of these Regulations, where grapes are delivered to a winery or distillery, or where instructions are given on the part of the purchaser of grapes or on the part of a person who

has offered or agreed to purchase grapes, that the grapes shall be delivered to a winery or distillery, the grapes shall, unless the contrary is proved, be deemed to be for use in the manufacture of wine or spirit.

(3.) For the purposes of these Regulations, where fortifying spirit is delivered to a winery, or where instructions are given on the part of the purchaser of fortifying spirit, or on the part of a person who has offered or agreed to purchase fortifying spirit, that the fortifying spirit shall be delivered to a winery, that fortifying spirit shall, unless the contrary is proved, be deemed to be for use in the manufacture of wine.

Purchase of grapes by companies, &c.

5. A body corporate which processes grapes into wine or spirit on behalf of any of its members shall, for the purposes of these Regulations, be deemed to have purchased those grapes from that member.

Payment for grapes.

6.—A person who purchases, or is deemed to have purchased, grapes for use in the manufacture of wine or spirit, shall, notwithstanding anything in any contract providing for payment therefor at a price less than the minimum price, make payment therefor at a price not less than the minimum price, in the following manner:—

(a) Two pounds per ton shall be paid in cash not later than the twenty-first day of the month next following the month of delivery of the grapes to him; and

(b) the balance shall be paid in full—

(i) not later than the thirtieth day of June next following the delivery of the grapes to him; or

(ii) by four equal quarterly instalments, the first of which shall be paid on or before the thirtieth day of June next following the delivery of the grapes to him.

Payment for fortifying spirit.

7. Any person who purchases fortifying spirit for use in the manufacture of wine shall, notwithstanding anything in any contract providing for payment therefor at a price less than the minimum price, make payment therefor at a price not less than the minimum price, not later than a date from time to time fixed by the Minister.

Determination of minimum prices.

8. The Minister may, from time to time determine the minimum price which shall be paid for—

(a) grapes used in the manufacture of wine, in the manufacture of spirit, or in the manufacture of both; and

(b) fortifying spirit used in the manufacture of wine.

Transactions to defeat Regulations prohibited.

9. A person shall not—

(a) enter into any lease of, or purchase, any land on which any grape vines are growing; or

(b) enter into any other transaction by virtue of which he becomes the owner of any grapes otherwise than by the purchase thereof,

if the effect of the lease, purchase or other transaction is to defeat the purpose of these Regulations, but nothing in this regulation shall have the effect of invalidating any such lease, purchase or other transaction.

Payments in respect of purchases prior to commencement of Regulations.

10.—(1.) Subject to the next succeeding regulation, where any person has, on or after the first day of January, 1940, and prior to the date of the commencement of these Regulations, purchased or agreed to purchase—

(a) any grapes for use in the manufacture of wine or spirit; or

(b) any fortifying spirit for use in the manufacture of wine,

at a price less than the minimum price, that person shall be liable to pay to the seller of the grapes or of the fortifying spirit the difference between the amount paid or agreed to be paid and an amount calculated in accordance with the minimum price.

(2.) Where any person is liable to pay any amount under the last preceding sub-regulation in respect of grapes—

(a) if any payment for the grapes purchased, or agreed to be purchased, has been made prior to the date of commencement of these Regulations, that person shall pay the balance of the amount payable (whether under the last preceding sub-regulation or otherwise) in the manner prescribed by paragraph (b)of sub-regulation (1.) of regulation 6 of these Regulations; or

(b)if any such payment has not been so made, that person shall pay the total of the amount payable under the purchase or agreement to purchase and the amount payable under the last preceding sub-regulation in the manner prescribed by paragraphs (a) and (b) of sub-regulation (1.) of regulation 6 of these Regulations.

(3.) Where any person is liable to pay any amount under sub-regulation (1.) of this regulation in respect of fortifying spirit, that person shall pay the amount not later than a date determined by the Minister.

(4.) Where any amount is due and payable to any person under this regulation, that person may sue for and recover the amount in any court of competent jurisdiction.

Variation of contracts in certain cases.

11. Where any person has, on or after the first day of January, 1940, and prior to the date of commencement of these Regulations, purchased or agreed to purchase—

(a) any grapes for use in the manufacture of wine or spirit; or

(b) any fortifying spirit for use in the manufacture of wine,

at a price less than the minimum price, and any of the grapes or fortifying spirit have not been delivered to him—

(c) he shall be relieved of his obligation to take delivery of the grapes or fortifying spirit not so delivered;

(d) he shall not be liable to make any payment (whether under these Regulations or otherwise) in respect of grapes or fortifying spirit of which he does not take delivery; and

(e) where he has made a payment in respect thereof, the person to whom the payment was made shall refund it to the person by whom it was made and, if it is not so refunded, the last-mentioned person may sue for and recover the amount in any court of competent jurisdiction.

Accounts to be kept by winemakers.

12. A winemaker shall keep proper books of account showing in detail—

(a) the quantity of grapes and fortifying spirit purchased by him for use in the manufacture of wine, together with the name and address of each supplier of the grapes or fortifying spirit, the amount paid to each such supplier, and the date on which payment was made for the grapes or fortifying spirit;

(b)the quantity of grapes produced on areas owned by him or under his control which are used by him in the manufacture of wine;

(c) the quantity of fortifying spirit produced at a distillery owned by him or under his control which is used by him in the manufacture of wine; and

(d) such other particulars (if any) as the Minister requires.

Accounts to be kept by distillers.

13. A distiller shall keep proper books of account showing in detail—

(a) the quantity of grapes purchased by him for use in the manufacture of spirit, together with the amount paid to each supplier for the grapes and the name and address of each supplier;

(b) the quantity of grapes produced on areas owned by him or under his control which are used by him in the manufacture of spirit;

(c)the quantity of fortifying spirit sold by him together with the name and address of each purchaser thereof; and

(d) such other particulars (if any) as the Minister requires.

Returns.

14. A winemaker or distiller shall, within such time and in such manner as the Minister requires, furnish to the Minister such returns relating to grapes purchased, or deemed to have been purchased, by him, for use in the manufacture of wine or spirit, and to grapes processed by him, as the Minister requires.

Inspection of books, &c.

15. All books of account kept by a winemaker or distiller under these Regulations, and all documents in the possession of, or under the control of, a winemaker or distiller relating to grapes purchased, or deemed to have been purchased, by him for use in the manufacture of wine or spirit shall at all reasonable times be open to inspection by any person authorized in that behalf by the Minister and that person may, upon inspection or audit, make and take away extracts from those books of account and documents.

Cart note to be given.

16. Any person who takes delivery of grapes for use in the manufacture of wine or spirit shall, at the time of taking delivery thereof, give to the person delivering the grapes a cart note specifying—

(a) that the grapes are for use in the manufacture of wine or spirit;

(b) the variety of the grapes;

(c) the weight of the load (gross and net); and

(d)the Baume of the grapes (in figures), determined in a manner approved by the Minister.

 

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.