National Wine Centre Act 1997 (SA)
(Reprint No. 1)
SOUTH AUSTRALIA
1. Short title
2. Commencement
3. Interpretation
4. Incorporation of Centre
5. Land dedicated and placed under care, control and management of Centre
6. Development Act s. 49 to apply
7. Functions of Centre
8. Powers of Centre
9. Establishment of board
10. Composition of board
11. Terms and conditions of appointment of members
12. Vacancies or defects in appointment of members
13. Remuneration
14. Proceedings
15. Disclosure of interest
16. Members’ duties of honesty, care and diligence
17. Immunity of members
18. Board subject to control and direction of Minister
19. Minister to be governing authority if no board
20. Common seal and execution of documents
21. Delegation
22. Chief executive and staff
23. Accounts and audit
24. Annual report
25. Sale of liquor
26. Centre may conduct operations under other name
27. Declaration of logos and official titles
28. Protection of proprietary interests of Centre
29. Seizure and forfeiture of goods
30. Regulations
SCHEDULE Plan of Land
APPENDIX
being
National Wine Centre Act 1997 No. 52 of 1997
[Assented to 31 July 1997]
as amended by
National Wine Centre (Land of Centre) Amendment Act 1998 No. 15 of 1998 [Assented to 2 April 1998]
1 Came into operation 21 August 1997:
Gaz . 21 August 1997, p. 408.2 Came into operation 30 September 1999:
Gaz . 30 September 1999, p. 1341.
NOTE:
Asterisks indicate repeal or deletion of text.
For the legislative history of the regulations see Appendix.
The Parliament of South Australia enacts as follows:
1. This Act may be cited as theNational Wine Centre Act 1997 .
2. This Act will come into operation on a day to be fixed by proclamation.
3. (1) In this Act—"
board " means a board established for the Centre under Division 1 of Part 5;"
Centre " means theNational Wine Centre established under Part 2 or, as the context requires,the land and facilities of the Centre;
"
governing authority " of the Centre means—
if a board is established for the Centre under Division 1 of Part 5—the board; or | |
if there is no board for the Centre—the Minister; |
"
land " of the Centre includes land placed under the care, control and management of theCentre;
"
logo " means a design (the copyright of which is vested in the Crown in right of the State)declared by the Minister by notice under Part 6 to be a logo;
"
official insignia " means a logo, an official symbol or an official title;"
official symbol " means a combination of a logo and an official title;"
official title " means a name or title declared by Part 6 or by the Minister by notice underPart 6 to be an official title;
"
promote ", in relation to an event or activity, includes organise, conduct, market, advertise oract as project manager.
(2) For the purposes of this Act, goods will be taken to be marked with official insignia if the insignia is affixed or annexed to, marked on, or incorporated in or with—
the goods; or | |
any covering or container in which the goods are wholly or partly enclosed; or | |
anything placed in or attached to any such covering or container; or | |
anything that is attached to the goods or around which the goods are wrapped or wound. |
4. (1) TheNational Wine Centre is established.(2) The Centre—
is a body corporate; and | |
has perpetual succession and a common seal; and | |
is capable of suing and being sued in its corporate name; and | |
has the functions and powers assigned or conferred by or under this Act. |
(3) The Centre is an instrumentality of the Crown and holds its property on behalf of the
Crown.
dedicated for the purposes of the Centre; and | |
declared to be under the care, control and management of the Centre. |
(2) The following requirements apply (in addition to the requirements of section 49 of the
the Commission must ensure that the application is available for public inspection for 15 business days at the office of the Commission and must, by public advertisement, give notice of the right to inspect the application and invite interested persons to make written submissions to the Commission on the application within that period of 15 days; | |
the Commission must allow a person who has made a written submission to it within that period and who, as part of that submission, has indicated an interest in appearing before the Commission, a reasonable opportunity to appear personally or by representative before the Commission to be heard in support of his or her submission; | |
the Commission’s report to the Minister on the application must contain an assessment of the submissions made on the application by interested persons as referred to in paragraph | |
the Minister must, as soon as practicable after determining the application under section 49, prepare a report on the matter and cause copies of the report to be laid before both Houses of Parliament. |
(3) Expressions used in any of the paragraphs of subsection (2) have the same respective meanings as in the
(4) A regulation prescribing a day for the purposes of subsection (2) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution be either House of Parliament.
7. (1) The functions of the Centre are—
to develop and provide for public enjoyment and education exhibits, working models, tastings, classes and other facilities and activities relating to wine, wine production and wine appreciation; and | |
to promote the qualities of the Australian wine industry and wine regions and the excellence of Australian wines; and | |
to encourage people to visit the wine regions of Australia and their vineyards and wineries and generally to promote tourism associated with the wine industry; and | |
to act as a headquarters of the Australian wine industry by providing accommodation and administrative support and facilities for wine industry bodies; and | |
to establish dining and refreshment facilities for visitors to the Centre; and | |
to carry out building, landscaping and other works to establish the facilities and amenities of the Centre; and | |
to conduct any other operations prescribed by regulation or approved by the Minister. |
(2) The Centre is to perform its functions in accordance with best commercial practices and, so far as practicable, in co-ordination with wine industry and tourism industry programs and initiatives.
(2) The Centre may exercise its powers within and outside the State.
9. (1) The Governor may establish a board as the governing authority of the Centre.(2) Decisions made by a board established for the Centre are decisions of the Centre.
(3) The Governor may, at any time, dissolve a board established under this section.
(4) The establishment or dissolution of a board under this section must be notified in the
(2) The members are to be persons nominated by the Minister after consultation with—
a prescribed association representative of the national wine industry; and | |
prescribed associations for each of the States of South Australia, New South Wales, Victoria and Western Australia representative of the respective wine industries of those States. |
(3) At least 2 of the members of the board must be women and at least 2 must be men.
(4) One member, nominated by the Minister on the recommendation of the prescribed association representative of the national wine industry, will be appointed by the Governor to chair meetings of the board.
(5) The Governor may appoint a person to be the deputy of a member, and a person so appointed may act as a member of the board in the absence of that member.
(2) The Governor may remove a member from office on any grounds that the Governor considers sufficient.
(3) The office of a member becomes vacant if the member—
dies; or | |
completes a term of office and is not reappointed; or | |
resigns by written notice to the Minister; or | |
is convicted of an indictable offence; or | |
is removed from office under subsection (2). |
(2) If the member appointed to chair meetings of the board is absent from a meeting of the board, the following provisions apply:
if another member has been appointed as that member’s deputy and is present at the meeting—the deputy will preside at the meeting; | |
in any other case—a member chosen by the members present at the meeting will preside at the meeting. |
(3) A decision carried by a majority of the votes cast by members at a meeting is a decision of the board.
(4) Each member present at a meeting of the board has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members will, for the purposes of this section, be taken to be a meeting of the board at which the participating members are present if—
notice of the conference is given to all members in the manner determined by the board for the purpose; and | |
each participating member is capable of communicating with every other participating member during the conference. |
(6) A proposed resolution of the board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if—
notice of the proposed resolution is given to all members in accordance with procedures determined by the board; and | |
a majority of the members expresses concurrence in the proposed resolution by letter or by facsimile transmission or other electronically transmitted written communication setting out the terms of the resolution. |
(7) The board must have accurate minutes kept of its proceedings.
(8) Subject to this Act, the board may determine its own procedures.
must disclose the nature of the interest to the board; and | |
must not take part in any deliberations or decision of the board in relation to that matter. |
Maximum penalty: | $10 000 or imprisonment for 2 years. |
(2) A member of the board will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the member has an interest in the matter that is shared in common with the public, the wine industry generally or a substantial section of the public or the industry.
(3) It is a defence to a charge of an offence against subsection (1) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.
(4) A disclosure under this section must be recorded in the minutes of the board and reported to the Minister.
(5) If, in the Minister’s opinion, a particular interest or office of a member is of such significance as to be inconsistent with the proper discharge of the duties of a member of the board, the Minister may require that the member either cease to have or hold the interest or office or resign from the board (and non-compliance with the requirement constitutes misconduct and hence a ground for removal of the member from the board).
(6) If a member discloses an interest in a proposed contract under this section and takes no part in any deliberations or decision of the board on the contract—
the contract is not liable to be avoided by the Centre; and | |
the member is not liable to account for profits derived from the contract. |
Maximum penalty: | $20 000 or imprisonment for 4 years. |
(2) A member of the board must at all times exercise a reasonable degree of care and diligence in the performance of official functions.
(3) If a member of the board is culpably negligent in the performance of official functions, the
member is guilty of an offence.
Maximum penalty: $20 000.
(4) A member is not culpably negligent for the purposes of subsection (3) unless the court is satisfied the member’s conduct fell sufficiently short of the standard required of the member to warrant the imposition of a criminal sanction.
(5) A member or former member of the board must not make improper use of information acquired through his or her official position to gain directly or indirectly a personal advantage for himself, herself or another, or to cause detriment to the Centre or the State.
Maximum penalty: | $20 000 or imprisonment for 4 years. |
(6) A member of the board must not make improper use of his or her official position to gain directly or indirectly a personal advantage for himself, herself or another or to cause detriment to the Centre or the State.
Maximum penalty: | $20 000 or imprisonment for 4 years. |
(7) This section—
operates both inside and outside the State; and | |
is in addition to, and does not derogate from, other laws. |
(2) The immunity conferred by subsection (1) does not extend to culpable negligence.
(3) A civil liability that would, but for this section, attach to a member of the board attaches instead to the Crown.
18. A board established for the Centre is subject to the control and direction of the Minister.
19. (1) The Minister is the governing authority of the Centre if there is no board for the Centre.(2) Decisions of the Minister as the governing authority of the Centre are decisions of the
Centre.
if a board is the governing authority—the signatures of two members of the board; | |
if the Minister is the governing authority—the signature of the Minister. |
(2) The governing authority may, by instrument under the common seal of the Centre, authorise a person or persons (whether nominated by name or by office or title) to execute documents on behalf of the Centre subject to conditions and limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the Centre.
(4) A document is duly executed by the Centre if—
the common seal of the Centre is affixed to the document in accordance with this section; or | |
the document is signed on behalf of the Centre by a person or persons in accordance with authority conferred under this section. |
(2) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
(3) A delegation—
may be made— | ||||
| ||||
may be made subject to conditions and limitations specified in the instrument of delegation; and | ||||
is revocable at will and does not derogate from the power of the delegator to act in any matter. |
(4) A delegate must not act pursuant to the delegation in any matter in which the delegate has a direct or indirect pecuniary or personal interest.
Maximum penalty: | $10 000 or imprisonment for 2 years. |
(5) It is a defence to a charge of an offence against subsection (4) to prove that the defendant was, at the time of the alleged offence, unaware of his or her interest in the matter.
(2) A person holding or acting in the office of chief executive is, subject to the control and direction of the governing authority, responsible for—
managing the staff and resources of the Centre; and | |
giving effect to the policies and decisions of the governing authority. |
(3) The Centre may employ staff on terms and conditions determined by the Centre or make use of the services of staff employed in the public or private sector.
(2) The Auditor-General may at any time audit the accounts of the Centre and must audit the annual statements of account.
(2) The report must contain the audited statements of account of the Centre for the preceding financial year.
(3) The Minister must, within 12 sitting days after 30 September in every year, have copies of the report for the preceding financial year laid before both Houses of Parliament.
(2) The licensed premises will be comprised of all the land of the Centre.
(3) The Liquor Licensing Commissioner must issue the Centre with a licence in the terms required by this section.
(4) The
(2)
National Wine Centre and any other name declared under subsection (1) are official titles.
(2) The Minister may, by notice in the
(3) The Minister may, by notice in the
Gazette , vary or revoke a notice under this section.
28. (1) The Centre has a proprietary interest in all official insignia.(2) A person must not, without the consent of the Centre, in the course of a trade or business—
use a name in which the Centre has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or | |
sell goods marked with official insignia; or | |
use official insignia for the purpose of promoting the sale of goods or services. |
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Centre, assume a name or description that
consist of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
may be given with or without conditions (including conditions requiring payment to the Centre); and | |
may be given generally by notice in the | |
may be revoked by the Centre for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent. |
(5) The Supreme Court may, on the application of the Centre, grant an injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this section may, on the application of the Centre, order the convicted person to pay compensation of an amount fixed by the court to the Centre.
(7) Subsections (5) and (6) do not derogate from any civil remedy that may be available to the Centre apart from those subsections.
29. (1) If—
goods apparently intended for a commercial purpose are marked with official insignia; and | |
a member of the police force suspects on reasonable grounds that the use of the insignia has not been authorised by the Centre, |
the member may seize those goods.
(2) If goods have been seized under this section and—
proceedings are not instituted for an offence against section 28(2) in relation to the goods within 3 months of their seizure; or | |
after proceedings have been instituted and completed, the defendant is not convicted, |
the person from whom they were seized is entitled to recover—
the goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and | |
compensation for any loss suffered by reason of the seizure of the goods. |
(3) An action for the payment of compensation under subsection (2) may be brought against the Centre in any court of competent jurisdiction.
(4) The court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as the Minister may direct and, if sold, the proceeds of the sale paid into the Consolidated Account.
(2) Without limiting the generality of subsection (1), the regulations may—
provide for the admission (including the fixing of opening and closing times), exclusion or expulsion of members of the public to or from the Centre, or any part of it; and | |
regulate the consumption of alcohol in the Centre; and | |
prohibit disorderly or offensive behaviour or the making of undue noise in the Centre; and | |
regulate, restrict or prohibit, or provide that the Centre may regulate, restrict or prohibit, the driving or parking of motor vehicles in the Centre; and | |
provide for the payment and recovery of fees determined by the Centre in respect of the driving, parking or standing of vehicles in the Centre; and | |
provide that the owner and driver of a vehicle driven, parked or left standing in contravention of the regulations are each guilty of an offence and provide or exclude defences in relation to any such offences; and | |
provide for any matter in respect of procedure in relation to alleged offences against the provisions of the regulations dealing with the driving, parking or standing of vehicles; and | |
regulate, restrict or prohibit activities in the Centre or the bringing of things into the Centre; and |
(i) provide for any matter in respect of evidence or burden of proof in proceedings for offences against the provisions of the regulations; and
confer powers on the Centre to approve (on payment of a fee, if any, determined by the Centre) any act, or activity, that would be otherwise prohibited under the regulations; and | |
fix fines not exceeding $1 250 for contravention of a regulation. |
SCHEDULE Plan of land
APPENDIX
(
5. (1) In this section—
"
the prescribed land " means land—
that, prior to the commencement of this Act, was land to which section 5 of the principal Act applied; and | |
that is not land to which that section applies on the commencement of this Act. |
(2) On the commencement of this Act, the prescribed land is to be taken, for the purposes of the
dedicated for the purposes of the Botanic Gardens and State Herbarium; and | |
declared to be under the care, control and management of the Board of the Botanic Gardens and State Herbarium. |
Section 5: | amended by 15, 1998, s. 3 |
Schedule: | substituted by 15, 1998, s. 4 |
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