Wine Grapes Levy Amendment Act 1986 (Cth)

Wine Grapes Levy Amendment Act 1986

No. 61 of 1986

      

An Act to amend the Wine Grapes Levy Act 1979

[Assented to 24 June 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Wine Grapes Levy Amendment Act 1986.

(2) The Wine Grapes Levy Act 19791is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1 and 2, sub-section 3 (1) and section 5 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Sub-sections 3 (2) and 7 (1) and (3) shall come into operation, or shall be deemed to have come into operation, as the case requires, on the commencement of section 5 of the Australian Wine and Brandy Corporation Amendment Act 1986.

(3) Sections 4 and 6 shall come into operation on 1 July 1986.

(4) Sub-section 7 (2) shall come into operation on 30 September 1987.

 

Interpretation

3. (1) Section 4 of the Principal Act is amended by inserting after the definition of “prescribed goods” in sub-section (1) the following definition:

“‘proprietor’, in relation to a winery, means the person who carries on the manufacture of wine at that winery;”.

(2) Section 4 of the Principal Act is amended by inserting after the definition of “Corporation” in sub-section (1) the following definitions:

“ ‘Corporation Act’ means the Australian Wine and Brandy Corporation Act 1980;

‘declared winemakers organisation’ has the same meaning as in the Corporation Act;”.

4. Section 6 of the Principal Act is repealed and the following sections are substituted:

Rate of levy

“6. (1) The levy imposed on prescribed goods by this Act is—

(a) in the case of fresh grapes, the sum of—

(i) subject to section 6a, an amount of levy at the rate of the marketing amount per tonne of the grapes; and

(ii) an amount of levy at the rate of the research amount per tonne of the grapes; and

(b) in any other case, the sum of—

(i) subject to section 6a, an amount of levy at the rate of the marketing amount per tonne of the fresh grape equivalent of the prescribed goods; and

(ii) an amount of levy at the rate of the research amount per tonne of the fresh grape equivalent of the prescribed goods.

“(2) In sub-section (1)—

‘marketing amount’ means such amount, not exceeding $5, as is prescribed;

‘research amount’ means such amount, not exceeding $2, as is prescribed.

Maximum amount of marketing component of levy

“6a. The amount of levy payable by a person in respect of prescribed goods used at a winery or wineries in Australia in a year in the manufacture of wine that is an amount of levy referred to in sub-paragraph 6 (1) (a) (i) or 6 (1) (b) (i) shall not exceed such amount, not exceeding $20,000, as is prescribed.”.

5. Section 7 of the Principal Act is repealed and the following section is substituted:

By whom levy payable

“7. Levy in respect of any prescribed goods used at a winery during a year in the manufacture of wine is payable by—

(a) where the manufacture of wine is carried on at the winery immediately before the expiration of that year—the person who is,

immediately before the expiration of that year, the proprietor of the winery; or

(b) in any other case—the last person who was a proprietor of the winery in that year.”.

Exemptions from levy

6. Section 8 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) Levy is not payable in respect of prescribed goods that, during a year, are used in the manufacture of wine at a winery at which, during that year, the quantity (if any) of fresh grapes, together with the fresh grape equivalent of the quantity (if any) of prescribed goods other than fresh grapes, used in the manufacture of wine amounts to less than 20 tonnes.”.

Regulations

7. (1) Section 9 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) Subject to sub-section (3), the Corporation may make recommendations to the Minister in relation to regulations to be made for the purposes of the definition of ‘marketing amount’ in sub-section 6 (2) or for the purposes of section 6a.

“(3) The Corporation shall not make a recommendation under sub-section (2) unless—

(a) the Corporation has given declared winemakers organisations an opportunity to consult with the Corporation regarding the recommendation; and

(b) the recommendation of the Corporation is accompanied by particulars in writing of the views on the recommendation expressed by declared winemakers organisations during those consultations.

“(4) The power of the Governor-General to make regulations for the purposes of the definition of ‘marketing amount’ in sub-section 6 (2) or for the purposes of section 6a shall be exercised only on advice of the Executive Council, being advice that has taken into consideration—

(a) any relevant recommendation made by the Corporation under sub-section (2); and

(b) any relevant particulars given to the Minister in accordance with paragraph (3) (b).

“(5) A declared winemakers organisation may make recommendations to the Minister with respect to regulations to be made for the purposes of the definition of ‘research amount’ in sub-section 6 (2).

“(6) The power of the Governor-General to make regulations for the purposes of the definition of ‘research amount’ in sub-section 6 (2) shall be exercised only on advice of the Executive Council, being advice that has taken into consideration any relevant recommendation made by a declared winemakers organisation under sub-section (5).”.

(2) Section 9 of the Principal Act is amended—

(a) by omitting sub-section (3) and substituting the following sub-section:

“(3) The Corporation shall not make a recommendation under sub-section (2) unless a motion to endorse the recommendation has been considered at an annual general meeting within the meaning of the Corporation Act.”; and

(b) by omitting paragraph (4) (b) and substituting the following paragraph:

“(b) any relevant matters of which the Minister has been notified under section 29za of the Corporation Act.”.

(3) After the commencement of sub-section (1) and before 1 July 1986, the Principal Act as amended by that sub-section has effect as if “of this Act as proposed to be amended by section 4 of the Wine Grapes Levy Amendment Act 1986” were inserted—

(a) after “sub-section 6 (2)” in sub-sections 9 (2), (4), (5) and (6); and

(b) after “section 6a” in sub-sections 9 (2) and (4).

 

NOTE

1. No. 65, 1979, as amended. For previous amendments see No. 162, 1980.

[Minister’s second reading speech made in—

House of Representatives on 19 March 1986

Senate on 29 April 1986