Wine Industry Act 1974 (Qld)

472 QI=It u et ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 45 of 1974 An Act relating to the development of the wine industry i Queensland and for purposes connected therewith [ASSENTED TO 2ND MAY, 1974] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Wine Iddustry Act 1974. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation.

Wine Industry Act 1974, No. 45 473 3. Interpretation . In this Act unless the cbntrary intention appears- " Licensing Court " means the Licensing Court of Queensland constituted under section 5A of the Liquor Act1912-1973; " Minister " means the Minister for Primary Industries or other Minister for the time being charged with the administration of this Act: the term includes any Minister of the Crown temporarily performing the duties of the Minister administering this Act; " vigneron " means a person who grows grapes or other fruits or grapes and other fruits for the making of wine for sale; " vigneron-vintner " means a vigneron who satisfies the requirements specified in section 6; " wine " means a beverage made from the fermented juice of grapes or other fruits: the term includes distilled spirits of such grapes or other fruits, mead, cider and perry. 4. Restriction on carrying on the business of a vigneron . (1) Subject to subsection (2), a person shall not carry on the business of a vigneron or be granted a vigneron's license under the Liquor Act1912-1973 in respect of such business unless he is registered as a vigneron pursuant to the provisions of this Act. (2) Any vigneron's license granted by the Licensing Court under the Liquor Act1912-1973 before the commencement of this Act and in force immediately before that commencement shall remain in force, subject to such provisions, conditions and restrictions as were originally imposed, for a period of one year from the date of such commencement and on the expiration of that period shall cease to have any operation or effect unless the licensee is registered as a vigneron pursuant to the provisions of this Act in which case it shall have operation and effect in accordance with the Liquor Act1912-1973 but subject to this Act. 5. Restriction on carrying on the business of a vigneron - vintner. (1) A person shall not carry on the business of a vigneron-vintner unless he is- (a) registered as a vigneron-vintner pursuant to the provisions of this Act; and (b) the holder of a vigneron-vintner's license granted by the Licensing Court. (2) A vigneron-vintner's license may be granted in the prescribed form by the Licensing Court authorizing, subject to and in accordance with this Act, the person to whom it is granted to sell wine if it is satisfied that the requirements of this Act relating to registration as a vigneron- vintner are satisfied by such person. (3) The provisions of the Liquor Act1912-1973 apply with respect to a vigneron-vintner's license including, without limiting the generality thereof, provisions relating to application therefor, granting thereof, provisions, conditions, restrictions, variations and objections with respect thereto, and the term and transfer and forfeiture thereof, as and in the manner they do with respect to a vigneron's license except to the extent that they are inconsistent with this Act and in the case of any such inconsistency they apply to the extent that they are not inconsistent.

474 Wine Industry Act 1974, No. 45 (4) The Licensing Court shall subject a vigneron-vintner's license to such provisions, conditions and restrictions as are prescribed and, subject to this Act, may subject it to such provisions, conditions and restrictions as it thinks fit and from time to time vary the same by notice in writing directed to the licensee. 6. Qualifications of vigneron - vintner for registration . A person shall not be registered as a vigneron-vintner unless he is the owner of premises for wine making situated on land having under cultivation not less than 32 hectares of grapevines or other fruit crops or grapevines and other fruit crops for wine making and unless the production of wine on those premises each calendar year is not less than 50,000 litres or is not less than such greater quantity as may be prescribed. 7. Registration of vigneron or vigneron - vintner. (1) Application for registration as a vigneron or a vigneron-vintner, as the case may be, shall be made in the prescribed form to the Director-General of Primary Industries. (2) Every application shall- (a) specify the location of the premises in or on which the applicant proposes to carry on the business of vigneron or vigneron- vintner, as the case may be; (b) specify any other business that is or is to be carried on in or on the premises; (c) contain such other particulars as may be prescribed. (3) The Minister shall consider every application made to the Director-General and may grant an application subject to such terms and conditions as he thinks fit or as may be prescribed. (4) On the granting of an application, a certificate of registration shall be issued to the applicant according to such procedure as may be prescribed and in the prescribed form. 8. Term , of certificate of registration . A certificate of registration issued under section 7 shall continue in force until it is cancelled pursuant to this Act or surrendered by its holder. 9. Transfer of certificate of registration . (1) If any holder of a certificate of registration issued under section 7 desires to transfer his certificate of registration to another person, such holder and the proposed transferee shall make application in the prescribed form to the Director- General of Primary Industries for consent to such transfer. (2) The Minister shall consider every application made to the Director-General and may grant an application subject to such terms and conditions as he thinks fit or as may be prescribed. (3) On the granting of an application, the certificate of registration to which it relates shall be transferred to the transferee by endorsement on the certificate in accordance with such procedure as may be prescribed. (4) Upon the transfer of a certificate of registration under this section, the transferee shall be the holder of the certificate having the rights and being subject to the obligations of the transferor as if it was issued to him on the date of transfer as the original certificate.

Wine Industry Act 1974, No. 45 475 10. Cancellation of certificate of registration . Any certificate of registration under this Act may be cancelled by the Minister if he is satisfied that the holder thereof is not complying with or has failed to comply with any of the provisions of this Act or any of the terms and conditions subject to which the application for registration has been granted. 11. Blending of wine by vigneron - vintner. It is lawful for a vigneron-vintner who is licensed and registered under this Act to use, for the purpose of blending, wine that is not made by him to the extent of not more than thirty per centum of the total quantity of wine produced by him inclusive of such wine used for blending. 12. Sale of wine by vigneron - vintner . (1) Notwithstanding the provisions of any other Act, it is lawful for a vigneron-vintner who is licensed and registered under this Act- (a) to sell wine in unopened containers from his premises on which the wine is made and in respect of which premises the license is granted; (b) to sell in unopened containers from one other place nominated by him, being single business premises of which business he is the sole proprietor, in a quantity of not less than nine litres at a time, wine made by him on his premises referred to in paragraph (a) and wine made by him on premises in another State or a Territory of the Commonwealth. (2) The other place referred to in paragraph (b) of subsection (1) shall be specified in the license granted to the vigneron-vintner by the Licensing Court under this Act. (3) Such other place shall be a single business premises that is not associated with or a part or unit of a retail selling outlet and that is not in or part of a shopping centre where the business premises are all or mainly under the one roof. (4) A vigneron-vintner who is licensed and registered under this Act shall not in any calendar year sell from the other place referred to in paragraph (b) of subsection (1) wine made by him on premises in another State or a Territory of the Commonwealth in a quantity that is in excess of thirty per centum of the total quantity of wine sold by him from such premises in that year. 13. Hours of selling. Notwithstanding the provisions of any other Act- (a) it is lawful for a person who is the holder of a vigneron's license or a vigneron-vintner's license and who is the holder of a certificate of registration under this Act to sell wine from his premises on which wine is made by him on any day (except Good Friday and Christmas Day) between the hours of eight o'clock before noon and seven o'clock after noon; (b) it is lawful for a person who is the holder of a vigneron-vintner's license and of a certificate of registration as a vigneron-vintner to sell wine from the single business premises being the other

476 Wine Industry Act 1974, No. 45 place as referred to in section 12 (1) (b) during such hours as are fixed by the Industrial Commission pursuant to the provisions of the Industrial Conciliation and Arbitration Act 1961-1974 as the trading hours of non-exempted shops within the meaning of the Factories and Shops Act 1960-1973 in respect of the area or place in which such premises are situated. 14. Annual fees for vigneron - vintner ' s license . The fees that shall be charged, levied, collected and paid annually under this Act in respect of vigneron-vintners' licenses are those and shall be determined in the same manner as those that'are required to be charged, levied, collected and paid annually in respect of vignerons' licenses under the provisions of the Liquor Act1912-1973. 15. Furnishing of information . The holder of a certificate of registration as a vigneron or a vigneron-vintner under this Act shall furnish such information in respect of the business of vigneron or vigneron-vintner carried on by him as may be required by the Minister or as may be prescribed. 16. Offences and penalties . (1) Any person who contravenes or fails to comply with any provision of this Act is guilty of an offence against this Act. (2) All offences against this Act may be prosecuted in a summary way under the Justices Act1886-1974. (3) Any person guilty of an offence against this Act is liable to a penalty not exceeding $200. 17. Regulations . (1) The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to- (a) prescribing forms under this Act, and the respective purposes for which such forms or forms to the like effect shall be used; (b) prescribing returns of any information, statistics and data, the persons or classes of persons who shall furnish such returns and the times and places of the furnishing thereof; (c) prescribing fees payable under this Act on such basis or bases as the Governor in Council thinks appropriate and the matters in respect of which such fees shall be paid, and prescribing the persons by whom and the places and times where and when such fees shall be paid; (d) procedures in aid of the provisions of section 14 in respect of fees charged, levied, collected and paid under that section and their manner of determination; (e) the keeping of registers for the purposes of this Act, including the particulars to be inserted therein and the person or persons by whom they are to be kept; (f) all matters required or permitted by this Act to be prescribed; (g) all matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act.

Wine Industry Act 1974, No. 45 477 (2) Regulations may be made under this °Act at any time after the passing hereof. (3) A regulation may be made to apply or to have operation throughout the whole or any part of the State, may be of general or specially limited application according to time, place or circumstance, and may be general or restricted to any specified class or subject-matter.