Wine Industry Act and Another Act Amendment Act 1978 (Qld)

478 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 63 of 1978 An Act to amend the Wine IndustryAct 1974 and the LiquorAct 1912-1978 each in certain particulars and for another purpose [ASSENTED TO 30TH OCTOBER, 1978] 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Wine Industry Act and Another Act Amendment Act 1978. 2. Commencement . This Act shall commence on a date to be fixed by Proclamation.

Wine Industry Act and Another Act Amendment Act 1978, No. 63 479 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF THE WINE INDUSTRY ACT 1974; PART 111-AMENDMENTS OF THE LIQUOR ACT 1912-1978. PART II-AMENDMENTS OF THE WINE INDUSTRY ACT 1974 4. Citation . (1) In this Part, the Wine Industry Act1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Wine Industry Act1974-1978. 5. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) inserting immediately before the definition " Licensing Court " the following definitions:- " " Director-General " means the Director-General of the Department of Primary Industries and includes a person for the time being performing the duties of the Director-General; " restricted vigneron " means- (a) a person who makes wine for sale on premises situated on land of which not less than one hectare is used for the cultivation of grapes or other fruits in a reasonable manner; (b) a beekeeper registered under the Apiaries Act 1947-1972 who makes mead for sale; "; (b) in the definition " wine ", inserting after the word " cider " the words ", port, sherry ". 6. Repeal of and new s. 4. The Principal Act is amended by repealing section 4 and substituting the following section:- " 4. Restriction on restricted vignerons and vignerons . A person who carries on the business of a restricted vigneron or vigneron shall not in carrying on business as such sell or otherwise dispose of wine unless he is registered as a restricted vigneron or, as the case may be, vigneron under this Act.". 7. Repeal of and new s. 5. The Principal Act is amended by repealing section 5 and substituting the following section:- " 5. Restriction on vigneron - vintners . (1) Subject to section 4 of this Act and section 127 of the Liquor Act1912-1978, a person shall not sell wine or carry on the business of a vigneron-vintner unless he is- (a) registered as a vigneron-vintner under this Act; and (b) the holder of a vigneron-vintner's license granted by the Licensing Court in respect of premises other than premises referred to in section 6.

480 Wine Industry Act and Another Act Amendment Act 1978, No. 63 (2) A vigneron-vintner's license may be granted by the Licensing Court authorizing, subject to and in accordance with this Act and the Liquor Act1912-1978, the person to whom it is granted to sell or dispose of wine from premises other than premises referred to in section 6 if it is satisfied that the person is registered as a vigneron-vintner under this Act. (3) Subject to the provisions of this Act, the Licensing Court shall, if a vigneron-vintner complies with the provisions of the Liquor Act1912-1978, grant to him subject to such provisions, conditions and restrictions as are prescribed by that Act or as it thinks fit a vigneron-vintner's license and may, from time to time, subject to that Act, vary the same by notice in writing directed to the vigneron-vintner.". 8. Amendment of s. 6 . Section 6 of the Principal Act is amended by- (a) omitting the expression " 32 " and substituting the expression "10"; (b) adding at the end of the section the following paragraph:- " If a Primary Producers' Co-operative Association registered under the PrimaryProducers'Co-operativeAssociationsAct1923-1978 applies to be registered as a vigneron-vintner the Director-General shall not grant the application without the consent of the Minister who may- (a) if the association satisfies the Minister that the aggregate hectares and production of its members is not less than those specified in the preceding paragraph; and (b) if the Minister thinks fit, consent to the application being granted.". 9. Repeal of and new s. 7. The Principal Act is amended by repealing section 7 and substituting the following section:- " 7. Certificates of registration . (1) The Director-General may grant and issue certificates of registration of the following several descriptions:- (a) restricted vigneron's certificate of registration; (b) vigneron's certificate of registration; (c) vigneron-vintner's certificate of registration. (2) (a) An application for a certificate of registration under this section- (i) shall be made to the Director-General; (ii) shall be in the prescribed form; (iii) shall be accompanied by the prescribed fee but the Governor in Council by notification published in the Gazette may, either generally or for the period specified in the notification, waive the payment of the fee in respect of any description of certificate. (b) The Director-General shall consider each application and, subject to section 6, may grant or refuse it. (c) Where an application is granted, the Director-General shall issue in respect thereof a certificate of registration.

Wine Industry Act and Another Act Amendment Act 1978, No. 63 481 (d) Where an application is refused, the Director-General shall refund to the applicant the fee paid in respect thereof less such payment as the Director-General thinks reasonable towards the costs of considering the application. (3) A certificate of registration under this section- (a) shall be in the prescribed form; (b) shall be in force for the period indicated in the certificate ; (c) shall be subject to such terms, conditions or restrictions as the Director-General thinks fit endorsed thereon or attached thereto; (d) may be renewed, transferred or surrendered; (e) may be amended, altered, varied or otherwise modified by the Director-General during the currency thereof; (f) shall be subject to such fees or charges as may be imposed by the Director-General and approved by the Governor in Council.". 10. Repeal of ss. 8 - 10 and new ss. 8-10A. The Principal Act is amended by repealing sections 8, 9 and 10 and substituting the following sections :- " 8. Cancellation etc., of certificates of registration . (1) The Director-General, at any time during the currency of a certificate of registration granted and issued under this Act by notice in writing to the holder thereof- (a) may cancel or revoke; (b) may suspend for such period as he thinks fit (not exceeding the balance of the term thereof), the certificate of registration if- (c) it was issued in error or granted in consequence of a false or fraudulent document, statement or representation ; (d) the holder- (i) is convicted of an offence against this Act or against any other Act or regulation in relation to the making or sale of wine; (ii) fails to comply with any term or condition thereof; (iii) has had any license granted to him under the LiquorAct1912-1978 cancelled, forfeited or suspended; (e) there has been a substantial change of circumstances since the granting thereof. (2) A cancellation, revocation or suspension under this section does not confer upon the holder a right to compensation. (3) Where a certificate of registration is suspended, it shall be of no force or effect during the period of suspension and shall remain in force only for the period during which it would have remained in force but for the suspension. (4) (a) Where a certificate of registration is cancelled, revoked or suspended, the holder shall within 7 days after demand made upon him deliver it up to the Director-General.

482 Wine Industry Act and Another Act Amendment Act 1978, No. 63 (b) If a person who is convicted of an offence that consists of a failure to comply with a demand made pursuant to this section fails to deliver up that certificate within 14 days after the date of that conviction, he commits a further offence and is liable to a penalty of $10 for every day during which the offence continues. 9. Officers and inspectors . The Minister may from time to time appoint- (a) such officers and inspectors as he thinks fit who shall be appointed generally for the purposes of this Act; or (b) such other inspectors as he thinks fit who shall be appointed for such period as is specified in his appointment and who during that period shall perform only such functions and duties as are specified in his appointment. 10. Powers of inspectors . (1) An inspector may at any time- (a) enter any premises wherein he reasonably suspects wine is being made or prepared for sale or is being kept for delivery for sale and inspect and examine such premises and all appurtenances thereto, appliances or containers therein which appurtenances, appliances or containers are apparently used in connexion with such making, preparation or keeping; (b) open any package, bin or container suspected by him to contain wine; (c) select, take, and retain samples of wine or materials which he has reason to believe are for use in the making of or connected with the making or sale of wine; (d) require any person to produce all accounts, books and documents held by him with respect to the sale or purchase or receipt or dispatch of wine and inspect and take copies of or extracts from any entries therein; (e) require a person whom he reasonably suspects of committing or having committed an offence against this Act to supply his name and address and in the case of a purchaser or seller of wine, the name of the person from whom he purchased or, as the case may be, to whom he sold the wine; (f) order in writing under his hand addressed to- (i) the person named in the certificate of registration issued under this Act in connexion with the premises mentioned in that certificate of registration; or (ii) if no such certificate of registration has been issued in respect of the premises in question to the owner or occupier of the premises, that the premises or part thereof or appurtenances thereto or, as the case may be, appliances or containers therein be cleansed forthwith and rendered wholesome to his satisfaction, or forthwith be replaced, renovated, repaired or otherwise rendered fit for the purpose for

Wine Industry Act and Another Act Amendment Act 1978, No. 63 483 which the same is being used, as he may direct, or order that person, owner or occupier to do or refrain from doing such acts or things as will,. in the opinion of the inspector, ensure compliance with a requirement of this Act. (2) Before an inspector enters any part of premises which part is being used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter. A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect- (a) that in any place wine is being sold, kept for sale or for delivery on sale; and (b) that in respect of that wine an offence against this Act has been committed, is being committed or is likely to be committed, may issue his warrant directed to the inspector to enter the place specified in the warrant for the purpose of exercising therein the powers conferred on an inspector under this Act. z. warrant shall be for the period of one month from the date of its issue sufficient authority for the inspector and for all persons acting in aid of him- (a) to enter the place specified in the warrant; and (b) to exercise therein the powers conferred on an inspector by this Act. In this subsection premises that are used as a dwelling-house do not include the curtilage of those premises. (3) For the purpose of gaining entry to any place an inspector may call to his aid such persons as he thinks necessary and those persons, while acting in aid of an inspector in the lawful exercise by him of his power of entry, shall have a like power of entry. 10A. Appeal from orders of inspectors . (1) Any person who feels aggrieved by any order or decision of an inspector, other than an order to cleanse, may appeal therefrom to a Magistrates Court constituted under the Justices Act1886-1978. (2) Any person who desires to appeal against an order or decision of an inspector shall- (a) give to the inspector notice in the prescribed form of his intention to appeal within 7 days of his being informed of the order or decision; (b) institute the appeal within 7 days of his giving such notice by lodging notice of appeal in the prescribed form with the clerk of the Magistrates Court having jurisdiction within the Magistrates Court district in which is situated the place where the premises, wine or other thing was at the time the order or decision was made in respect of those premises or the wine or thing. (3) Where there is more than one clerk of the court with whom a notice of appeal could properly be filed in compliance with subsection (2) (b) the notice shall be lodged with the clerk of the court who is nearest to the place referred to in that subsection.

484 Wine Industry Act and Another Act Amendment Act 1978, No. 63 (4) The clerk of the court with whom the notice of appeal is lodged shall notify the appellant and the inspector by notice in the prescribed form of the date set down for the hearing and determination of the appeal. (5) Any ord.°r or decision of any inspector appealed against under this section shall operate as on and from the decision of the court upon such appeal and any period specified in or related to such order or decision shall be calculated by reference to the date of such decision. Such court shall hear and determine the matter of the appeal, and its decision shall be final and shall be enforced as if it were the order or decision of the inspector. The cost of and occasioned by any such appeal shall be determined by the court which may in its discretion order that the same shall be paid by either party.". 11. Amendment of s. 11 . Section 11 of the Principal Act is amended by omitting the words "vigneron-vintner who is licensed and" and substituting the words " vigneron or vigneron-vintner ". 12. Repeal of and new s. 12. The Principal Act is amended by repealing section 12 and substituting the following section:- 12. Sale of wine . (1) It is lawful for- (a) a restricted vigneron registered under this Act to sell wine in unopened containers from the premises referred to in his certificate of registration in a quantity of not less than 9 litres at any one time; (b) a vigneron or vigneron-vintner registered under this Act to sell wine in unopened containers from the premises referred to in his certificate of registration; (c) a vigneron-vintner registered under this Act and licensed under the Liquor Act1912-1978 to sell in unopened containers from one place other than the premises referred to in section 6 (which place shall be nominated by him) any Australian wines, such place being single business premises of which he is the sole proprietor. (2) The other place referred to in subsection (1) (c) shall be specified in the license granted to the vigneron-vintner by the Licensing Court and may be associated with or a part or unit of a retail selling outlet which may be part of a shopping centre where the business premises are all or mainly under the one roof. (3) A vigneron-vintner referred to in subsection (1) (c) shall not in any calendar year sell from the other place referred to in that subsection a quantity of Australian wines (other than wines made by him on premises referred to in his certificate of registration) that is in excess of the per centum (as is prescribed by Order in Council) of the total quantity of wine sold by him from such place in that year.". 13. Repeal of and new s . 13. The Principal Act is amended by repealing section 13 and substituting the following section:- " 13. Hours of selling. Notwithstanding the provisions of any other Act, it is lawful for-- (a) a person registered as a restricted vigneron under this Act to sell wine from the premises referred to in

Wine Industry Act and Another Act Amendment Act 1978, No. 63 485 his certificate of registration on any day (except Good Friday, Christmas Day and a Sunday) between the hours of eight o'clock before noon and seven o'clock after noon; (b) a person registered as a vigneron or vigneron-vintner under this Act to sell wine from the premises referred to in his certificate of registration on any day (except Good Friday and Christmas Day) between the hours of eight o'clock before noon and seven o'clock after noon.". 14. Repeal of and new ss. 14 and 15. The Principal Act is amended by repealing sections 14 and 15 and substituting the following sections:- " 14. Evidentiary provisions . In a proceeding for the purposes of this Act- (a) it shall not be necessary to prove the appointment or signature of the Director-General; (b) a document that purports to be a copy of or an extract from any other document or writing of any kind in the custody of or given, made, issued or granted under this Act by the Director-General or by any officer or inspector appointed under this Act and endorsed with a certificate that purports to be under the hand of the Director-General that the document is a true and correct copy of or extract from that other document or writing shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (c) a certificate that purports to be signed by the Director- General that a person named therein is or is not the holder of a certificate of registration granted under this Act or was or was not at the material time the holder of a certificate of registration granted under this Act shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that certificate. 15. Furnishing of information . A person registered as a restricted vigneron, vigneron or vigneron-vintner under this Act shall furnish such information in respect of the business of restricted vigneron, vigneron or, as the case may be, vigneron- vintner carried on by him as may be required by the Minister.". 15. Amendment of s. 16. Section 16 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- (IA) A person shall not- (a) assault, obstruct, threaten or intimidate any officer or inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do;

486 Wine Industry Act and Another Act Amendment Act 1978, No. 63 (b) give, offer or promise any bribe, recompense, inducement or reward to any officer or inspector or to any person acting at the direction of an officer or inspector with intent to influence that officer, inspector or person in the exercise of his powers or the discharge of his duties under this Act or, as the case may be, under such direction; (c) when required by an officer or inspector to give information for the purposes of this Act- (i) fail to give information within his knowledge or means of knowledge; or (ii) give information that to his knowledge is false in a material particular; (d) fail to comply with a lawful order or requirement duly given or imposed by an officer or inspector for the purposes of this Act; (e) when required so to do by an officer or inspector in the discharge of his duties under this Act fail- (i) to produce any book, account or document in his possession or under his control; or (ii) to allow that person to inspect any book, account or document or to make a copy thereof or extract therefrom."; (b) in subsection (3) omitting the expression " $200 " and substituting the expression " $500 ". 16. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) in subsection (1), (i) omitting provisions (c) and (d) and substituting the following provisions:- (c) the books, accounts and records, the form and manner of keeping the same and accountancy procedures to be followed in relation thereto; (d) standards for- (i) the proper construction. ventilation, drainage or water supply; (ii) the efficient and sanitary maintenance, cleansing or drainage (which includes the disposal of effluent), of premises used for the making or selling of wine or any sampling area used in conjunction with the premises; "; (ii) adding at the end of the subsection the following paragraph:- " A regulation may impose a penalty not exceeding $200 for a breach of that regulation or any other regulation.". 17. Transitional . (1) Subject to subsection (2), any certificate of registration as a vigneron or a vigneron-vintner issued under the Principal Act and in force immediately before the commencement of this Act shall on and from the date of such commencement cease to have any operation or effect.

Wine Industry Act and Another Act Amendment Act 1978, No. 63 487 (2) Any person to whom a certificate of registration as a vigneron has been issued under the Principal Act and to whom the Licensing Court under the Liquor Act1912-1978 has granted a license as a vigneron which certificate and license are in force immediately before the commencement of this Act shall, subject to such provisions, conditions and restrictions as were originally imposed upon such certificate or license, continue to be so registered and licensed up to and including 30 June 1979 whereupon such certificate and license shall cease to have any operation or effect. PART III-AMENDMENTS OF THE LIQUOR ACT 1912-1978 18. Citation . (1) In this Part, the Liquor Act1912-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Liquor Act1912-1978. 19. Amendment of s. 5. Section 5 of the Principal Act is amended by, in the first paragraph, omitting subparagraph (i) and substituting the following subparagraph:- " (i) Is the holder of a certificate of registration under the WineIndustry Act1974-1978. ". 20. Amendment of s. 16. Section 16 of the Principal Act is amended by in subsection (1), in subparagraph (q), omitting the word " vigneron's " and substituting the word " vigneron-vintner's ". 21. Amendment of s. 18. Section 18 of the Principal Act is amended by omitting subparagraph (xiii) of subsection (1) and substituting the following subparagraph:- " (xiii) For every vigneron-vintner's license-$20, and in addition- (a) a further sum equal to eight per centum of the gross amount (including all duties thereon) paid or payable to the licensee for all Australian wines (other than wines made by him on premises referred to in his certificate of registration under the Wine Industry Act1974-1978); and (b) a further sum equal to two per centum of the gross amount (including all duties thereon) paid or payable to the licensee for all wines made by him on premises referred to in his certificate of registration under the Wine Industry Act1974-1978, which during the twelve. months ended on the last day of June in the preceding year were sold or otherwise disposed of under such vigneron-vintner's license to persons other than persons licensed, at the time of sale or disposal otherwise, under this Act or any Act or law of the Commonwealth or of any other State or of any Territory of the Commonwealth to sell liquor; ". 22. Amendment of s. 28. Section 28 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the word " Vigneron's " and substituting the word " Vigneron-vintner's "; (b) omitting the word " vigneron's " wherever occurring and substituting the word " vigneron-vintner's " in each case;

488 Wine Industry Act and Another Act Amendment Act 1978, No. 63 (c) in subsection (3), (i) in subparagraph (a), (A) inserting after the word " premises " the words " referred to in section 5 of the Wine Industry Act1974-1978 "; (B) omitting the word "vigneron " and substituting the word vigneron-vintner "; (ii) omitting subparagraph (c) and substituting the following subparagraph:- (c) indicate the approximate distance of the nearest licensed premises from the premises referred to in subparagraph (a) of this subsection; "; (iii) adding at the end of subparagraph (d) the following symbol and subparagraph:- (f (e) be accompanied by the applicant's certificate of registration (or copy thereof) as a vigneron-vintner under the WineIndustry Act1974-1978 "; (d) omitting subsections (4) and (5) and substituting the following subsections:- " (4) Every vigneron-vintner's license shall authorise the person thereby licensed to sell and dispose of wine (being wine made from honey or grapes or other fruits produced or grown within the Commonwealth). (5) A holder of a vigneron-vintner's license shall not keep his licensed premises open for the sale of wine or sell or otherwise dispose of wine on those premises- (a) on a Sunday; (b) on Good Friday, Anzac Day or Christmas Day; or (c) on a day or at a time when shops other than exempted shops within the meaning of the Factories and Shops Act 1960-1975 in the locality in which the licensed premises are situated are required by law to be kept closed."; (e) omitting subsections (6) and (11). 23. Amendment of s. 108. Section 108 of the Principal Act is amended by omitting subparagraph (f) of the first paragraph and substituting the following subparagraph:- (f) a holder of a certificate of registration as a restricted vigneron or vigneron under the Wine Industry Act1974-1978 or a holder of a vigneron-vintner's license under this Act;". 24. Repeal of s. 126. The Principal Act is amended by repealing section 126. 25. Amendment of s. 127. Section 127 of the Principal Act is amended by- (a) in subsection (1), omitting the words " a grower and maker of wine " and substituting the words " the holder of a certificate of registration under the Wine Industry Act1974-1978 "; (b) in subsection (2), omitting the word " No " and substituting the words " Subject to the provisions of the Wine Industry Act1974-1978 no "• (c) omitting subsection (3).

Wine Industry Act and Another Act Amendment Act 1978, No. 63 489 26. Repeal of s. 128 . The Principal Act is amended by repealing section 128. 27. Amendment of s. 129 . Section 129 of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (a), omitting the words "A person " and substituting the words " Subject to the provisions of the Wine Industry Act1974-1978, a person "; (ii) omitting paragraph (b) and substituting the following paragraph:- " (b) This subsection does not apply to the agent or servant of a licensee or holder of a certificate of registration under the WineIndustry Act1974-1978 selling as such agent or servant for the use and benefit of such licensee or holder in or on the premises of the licensee or holder and otherwise in accordance with the license or certificate of that licensee or holder."; (b) in subsection (2), (i) inserting after the word " license " where firstly occurring the words " or certificate of registration under the Wine Act 1974-1978 "; (ii) inserting after the word " license " where secondly occurring the words " or certificate ".