Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2021 (SA)

South Australia

Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2021

under the Primary Industry Funding Schemes Act 1998

1Short title

These regulations may be cited as the Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2021.

3Interpretation

1. (1)

   In these regulations, unless the contrary intention appears—

Act means the Primary Industry Funding Schemes Act 1998;

Barossa means the geographical area in relation to which the geographical indication "Barossa" is in force under the Wine Australia Act 2013 of the Commonwealth at the commencement of these regulations (see Schedule 1);

Barossa grapes means any variety of grapes grown in the Barossa and used or intended to be used for wine;

Barossa winemaker means a person who carries on a business of making wine and who processes Barossa grapes for that purpose;

default in relation to contributions to the Fund—see subregulation (2);

delivered—see subregulation (3);

Fund—see regulation 4;

prescribed period means each of the following periods:

1. (a)

   a prescribed period within the meaning of the revoked regulations (up to and including the period of 12 months commencing on 1 June 2021);

2. (b)

   the period of 12 months commencing on 1 June 2022 or on 1 June in any subsequent year;

revoked regulations means the Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2007.

1. (2)

   A person is in default in relation to contributions to the Fund if, within the immediately preceding 2 prescribed periods—

   1. (a)

      all or some of the contributions payable to the Fund by the person under these or the revoked regulations have not been paid; or

   2. (b)

      the person has been refunded contributions from the Fund under these or the revoked regulations.

2. (3)

   For the purposes of these regulations—

   1. (a)

      grapes will be taken to be delivered to a Barossa winemaker by a grower of Barossa grapes when the winemaker takes possession of the grapes; and

   2. (b)

      if a Barossa winemaker processes Barossa grapes grown by the winemaker, grapes will be taken to be delivered to the winemaker when the winemaker places the grapes in a container for the purposes of commencing processing of the grapes (including placing the grapes in a container for fermentation or in preparation for crushing or pressing).

4Barossa Wine Industry Fund

1. (1)

   The Barossa Wine Industry Fund (the Fund) established under the revoked regulations continues in existence.

2. (2)

   The Fund is administered by the Minister.

3. (3)

   The Fund consists of—

   1. (a)

      the amount held in the Fund at the commencement of these regulations; and

   2. (b)

      contributions paid or collected in accordance with the revoked regulations; and

   3. (c)

      contributions paid or collected in accordance with these regulations; and

   4. (d)

      income of the Fund from investment; and

   5. (e)

      any other sums received by the Minister for payment into the Fund.

5Contributions to Fund

1. (1)

   Subject to these regulations, the following contributions are payable to the Minister, for payment into the Fund, for Barossa grapes delivered to a Barossa winemaker during a prescribed period commencing on or after 1 June 2022:

   1. (a)

      the Barossa winemaker must contribute—

      1. (i)

         in the case of a Barossa winemaker who has a cellar door, winemaking facility or vineyard in the Barossa, the amount fixed for the period by the Minister by notice in the Gazette; or

      2. (ii)

         in any other case, whichever of the following is the greater amount:

         1. (A)

            the amount fixed by the Minister, by notice in the Gazette, as the minimum contribution for the period;

         2. (B)

            the amount fixed for the period by the Minister, by notice in the Gazette, for each tonne of grapes delivered to the winemaker during the period;

   2. (b)

      a grower of grapes who delivers the Barossa grapes to the Barossa winemaker must contribute the amount fixed for the period by the Minister, by notice in the Gazette, for each tonne of grapes delivered to the winemaker during the period.

2. (2)

   The Minister may, by notice in the Gazette, fix maximum amounts that are to be payable for a prescribed period by the grower of grapes or a winemaker under this regulation.

3. (3)

   The contributions in respect of a prescribed period are payable on or before the last day of the month that immediately follows the prescribed period.

4. (4)

   The Minister may, by notice in the Gazette published before the date for payment of contributions for a prescribed period, vary an amount fixed under subregulation (1) or (2) in respect of the prescribed period.

5. (5)

   If the Minister varies an amount payable under subregulation (1) in respect of a prescribed period after the commencement of the prescribed period, the amount as varied applies only in respect of the part of the prescribed period following the date on which the variation takes effect.

6. (6)

   A Barossa winemaker must—

   1. (a)

      keep proper records relating to the tonnage of Barossa grapes delivered to the winemaker, the growers of those grapes and the contributions required to be made (on the winemaker's own behalf and on behalf of growers) in respect of those grapes; and

   2. (b)

      make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.

7. (7)

   A Barossa winemaker must, on or before the last day of the month that immediately follows a prescribed period—

   1. (a)

      furnish the Minister with a financial statement relating to the contributions (on the winemaker's own behalf and on behalf of growers) for Barossa grapes delivered during that prescribed period that—

      1. (i)

         is in the form, and contains the information, required by the Minister; and

      2. (ii)

         is, if the person has the necessary equipment, in an electronic form acceptable to the Minister; and

   2. (b)

      forward to the Minister, with the financial statement required by paragraph (a), the required contributions (on the winemaker's own behalf and on behalf of growers) for Barossa grapes delivered during the prescribed period to which the financial statement relates.

6Refunds of contributions

1. (1)

   Refunds of contributions paid under these regulations in respect of Barossa grapes delivered during a prescribed period may be claimed by notice in writing to the Minister within the 6 months following that prescribed period as follows:

   1. (a)

      a grower of Barossa grapes may claim a refund in respect of contributions paid by the grower or by a Barossa winemaker on behalf of the grower;

   2. (b)

      a Barossa winemaker may claim a refund in respect of contributions paid on the winemaker's own behalf.

2. (2)

   A person claiming a refund under subregulation (1) must supply the Minister with evidence acceptable to the Minister of the contributions made by or on behalf of the claimant in respect of which the claim for refund is made.

3. (3)

   If the person satisfies the Minister that the person is entitled to a refund, the Minister must refund to the person the amount of the contributions paid by or on behalf of the person, together with interest (at the official cash rate) on that amount for the period commencing on the date of payment of the contributions to the Minister and ending on the date of lodgment of the claim for the refund.

4. (4)

   In this regulation—

official cash rate means the cash rate fixed by the Reserve Bank of Australia and prevailing on the date of lodgment of the claim for the refund.

7Application of Fund

The Fund may be applied by the Minister for any of the following purposes:

1. (a)

   payments to a body that, in the opinion of the Minister, represents both Barossa winemakers and growers of Barossa grapes for 1 or more of the following purposes:

   1. (i)

      the reasonable operating and management expenses of the body;

   2. (ii)

      promoting the Barossa wine industry;

   3. (iii)

      undertaking or facilitating research and development, or the collection and dissemination to Barossa winemakers and growers of Barossa grapes of information, relevant to the Barossa wine industry and, in particular, to the improvement of practices in the industry;

   4. (iv)

      programs designed to encourage communication and cooperation between Barossa winemakers and growers of Barossa grapes;

   5. (v)

      other purposes of the body;

2. (b)

   payments for other purposes for the benefit of the Barossa wine industry;

3. (c)

   payment of the expenses of administering the Fund;

4. (d)

   repayment of contributions to the Fund under regulation 6.

8Exchange of information

The Minister may provide a body to which payments are made out of the Fund under regulation 7(a) with information identifying growers of Barossa grapes and Barossa winemakers who have paid or been refunded contributions under these regulations.

9Exclusion from benefits of person in default in relation to contributions

A person who is in default in relation to contributions to the Fund is not entitled to receive direct benefits or services funded by payments from the Fund.

10False or misleading statements

A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, for the purposes of these regulations.

Maximum penalty: $5 000.

Schedule 1—Map showing Barossa

The following map is provided for information purposes only.

Schedule 2—Transitional provisions

Part 2—Transitional provisions

2—Transitional provisions

1. (1)

   Subject to this clause, the revoked regulations, as in force immediately before their revocation under clause 1 of this Schedule, continue to operate in respect of the prescribed period under the revoked regulations that commenced on 1 June 2021 (the transitional prescribed period).

2. (2)

   The Minister may, by notice in the Gazette published before the date for payment of contributions for the transitional prescribed period, vary an amount fixed under regulation 5 of the revoked regulations in respect of that period.

3. (3)

   The period within which a person may claim a refund in respect of contributions paid into the Fund for the transitional prescribed period under regulation 6 of the revoked regulations is modified to be the period of 6 months following the transitional prescribed period.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations

  The Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2021 revoked the following:

  Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2007

  Principal regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2021	126	Gazette 2.9.2021 p3439	2.9.2021: r 2
  2023	12	Gazette 30.3.2023 p626	30.3.2023: r 2

  Provisions varied

  New entries appear in bold.

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	30.3.2023
  r 3
  r 3(1)
  prescribed period	amended by 12/2023 r 3	30.3.2023
  Sch 2
  Pt 1	omitted under Legislation Revision and Publication Act 2002	30.3.2023