Wine Australia Act 2013
No. 161, 1980
Compilation No. 42
Compilation date: 21 February 2025
Includes amendments: Act No. 14, 2025
About this compilation
This compilation
This is a compilation of the Wine Australia Act 2013 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Objects
4 Interpretation
4AA Expressions defined in the Primary Industries Levies and Charges Disbursement Act 2024
4A Extension to external Territories
5A Declared winemakers organisations
5B Declared wine grape growers organisation
5BA Representative organisations
5C Meaning of description and presentation
5D Where wine or grape extract originates
5E Vacancy in the office of a director of the Authority
Part II—Wine Australia
Division 1—Establishment, functions and powers of the Authority
6 Wine Australia
7 Functions of the Authority
7A Constitutional limits
7B Uniformity
8 Powers of the Authority
10 Power to enter into arrangements etc.
10A Agreements for carrying out grape or wine research and development activities by other persons
10B Agreements for carrying out grape or wine research and development activities with other persons
10C Grants relating to grape or wine research and development activities
10D Consultations with persons and organisations
11 Committees
11A Authority does not have privileges and immunities of the Crown
Division 2—Constitution and membership of the Authority
12 Constitution of the Authority
13 Membership of the Authority
14 Appointment of directors of the Authority
15 Period of appointment for directors of the Authority
16 Acting directors of the Authority
17 Deputy Chair
Division 3—Terms and conditions for directors of the Authority
18
Overview
The Wine Australia Act 2013 was enacted by the Australian Parliament to establish Wine Australia and address several issues within the Australian wine industry. This Act was introduced to support grape and wine research and development, promote the growth of the wine industry and related sectors, regulate the export of grape products, and enhance the consumption and sale of grape products domestically and internationally. One of the key objectives is to enable Australia to fulfil its obligations under international wine-trading agreements and other international agreements. The Act also seeks to control the export of grape products, ensuring compliance with labelling and presentation regulations, and to prevent false and misleading descriptions on wine labels. Furthermore, it aims to protect geographical indications and other terms related to wine, ensuring accurate representations of origin and quality. The Wine Australia Act 2013 replaces the Australian Grape and Wine Authority Act 2013, integrating its functions and powers under a new legislative framework.
Scope and Application
The Wine Australia Act 2013 applies to the national body known as Wine Australia, established to support grape and wine research and development, and to promote the growth and international competitiveness of Australia's wine industry. The Act extends to all Australian territories and applies to entities and individuals involved in grape growing, winemaking, and the sale or export of grape products. It encompasses various functions, including coordinating or funding grape and wine research, controlling the export of grape products, and implementing programs related to wine, cider, and international wine tourism. The Act also regulates the description and presentation of wine in trade and commerce, enforces compliance with label laws, and protects geographical indications and other terms associated with Australian wines. Wine Australia is governed by a Board appointed by the Minister, with specific eligibility criteria for directors. The Act provides for the establishment of a Geographical Indications Committee to determine and manage geographical indications and other terms related to wine. The Act includes provisions for inspections, record-keeping, and penalties for non-compliance with label integrity and geographical indication regulations. It further details the borrowing powers, financial responsibilities, and annual reporting requirements of Wine Australia. Regulations under the Act can specify additional details and procedures, including those related to the establishment and operation of a Label Directory for monitoring compliance. The Act can be amended or supplemented by subordinate legislation, which must not be inconsistent with the Act itself.
Key Provisions
- The Wine Australia Act 2013 outlines the establishment, functions, and governance of Wine Australia, along with regulations for the wine industry. Key provisions of the Act include the establishment of Wine Australia (s 6), its functions such as coordinating and funding grape and wine research and development activities, controlling grape product exports, and promoting grape product consumption and sales (s 7). The Act also details the constitution and membership of the Authority, including the appointment and terms of directors and the establishment of the Wine Australia Selection Committee (ss 12-27G). The Act imposes obligations on Wine Australia to prepare and submit corporate and annual operational plans, and to develop strategies and policies for achieving its objectives and priorities (ss 31-31F).
- Part VI of the Act focuses on the label integrity program, mandating that certain persons keep records relating to the wine goods' vintage, variety, and geographical indication, and prohibiting false or misleading label claims (ss 39A-39K). These record-keeping requirements carry significant penalties, with offences attracting a maximum penalty of two years imprisonment (ss 39J-39K). The Act further empowers inspectors to monitor compliance with label laws, enforce record-keeping requirements, and enter wine premises with consent or a warrant to seize evidence (ss 39ZA-39ZF). It also outlines the procedures for determining and omitting geographical indications and other terms related to wine, including the establishment of the Geographical Indications Committee and the processes for making and reviewing such determinations (ss 40-40ZC).
- Offences under the Act include exporting grape products in contravention of regulations (s 44), engaging in conduct that violates the label integrity program or geographical indications provisions, and failing to comply with record-keeping requirements. Penalties for these offences range from fines to imprisonment, with specific maximum penalties mentioned for offences under sections 39J-39K and 40C, 40E, and 40G, which carry a penalty of up to two years imprisonment. Additionally, the Act allows for the granting of injunctions to prevent contraventions of specified provisions (s 44AB). The Minister has the authority to give directions to Wine Australia under exceptional circumstances, which must be published and included in the annual report (s 31K). Failure to comply with the Act's provisions can result in civil and criminal consequences, as outlined in the relevant sections.
- Area of Law
- International Trade Law
- Commercial Law
- International Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Enforcement Powers
- Prohibited Conduct
- Licensing & Registration
- Transitional Provisions
