Wine Export Charge Act 1997 (Cth)

Wine Export Charge Act 1997

No. 85, 1997

Wine Export Charge Act 1997

No. 85, 1997

An Act to impose a charge on the export of Australian wine

Contents

Wine Export Charge Act 1997

No. 85, 1997

An Act to impose a charge on the export of Australian wine

[Assented to 27 June 1997]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Wine Export Charge Act 1997.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Principal object

The principal object of this Act is to ensure that adequate funds are raised for the export promotional operations of the Australian Wine and Brandy Corporation.

4Act binds the Crown

This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory, of the Territory of Christmas Island and of the Territory of Cocos (Keeling) Islands. However, it does not bind the Crown in right of the Commonwealth.

5Definitions

1. (1)

   In this Act, unless the contrary intention appears:

   charge means an amount of charge imposed by this Act.

   Corporation means the Australian Wine and Brandy Corporation established by the Australian Wine and Brandy Corporation Act 1980.

   Corporation Act means the Australian Wine and Brandy Corporation Act 1980.

   wine means an alcoholic beverage produced by the complete or partial fermentation of fresh grapes or products derived solely from fresh grapes, or both.

2. (2)

   Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in that Act.

6Imposition of charge

Subject to this Act, charge is imposed on wine produced in Australia (whether before or after the commencement of this section) that is exported from Australia on or after the commencement of this section.

7Rate of charge

1. (1)

   The rate of charge imposed under section 6 in relation to wine is the amount worked out in accordance with the regulations.

2. (2)

   The amount worked out in accordance with the regulations for the purposes of subsection (1) must not exceed 0.5% of the free on board sales value of the wine.

8By whom charge payable

The charge on wine is payable by the producer of the wine.

9Exemptions from charge

The regulations may exempt from charge:

1. (a)

   wine exported by a specified class of persons; or

2. (b)

   specified classes of wine.

10Regulations

1. (1)

   The Governor-General may make regulations prescribing matters:

   1. (a)

      required or permitted by this Act to be prescribed; or

   2. (b)

      necessary or convenient to be prescribed for carrying out or giving effect to this Act.

2. (2)

   Subject to subsection (3), the Corporation may make recommendations to the Minister in relation to regulations to be made for the purposes of section 7.

3. (3)

   The Corporation must not make a recommendation under subsection (2) unless a motion to endorse the recommendation has been considered at an annual general meeting within the meaning of the Corporation Act.

4. (4)

   Before making regulations for the purposes of section 7, the Governor-General is to consider:

   1. (a)

      relevant recommendations made under subsection (2); and

   2. (b)

      relevant matters of which the Minister has been notified under section 29ZA of the Corporation Act.

[Minister’s second reading speech made in—

House of Representatives on 19 March 1997

Senate on 30 May 1997]

(37/97)

I HEREBY CERTIFY that the above is a fair print of the Wine Export Charge Bill 1997 which originated in the House of Representatives and has been finally passed by the Senate and the House of Representatives.

Clerk of the House of Representatives

IN THE NAME OF HER MAJESTY, I assent to this Act.

Governor-General

1997

(37/97)