Wine Overseas Marketing (Licences) Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 112

REGULATIONS UNDER THE WINE OVERSEAS MARKETING ACT

1929-1966.*

WHEREAS by section 14 of the Wine Overseas Marketing Act 1929-1966 it is enacted that the regulations may prohibit the export from the Commonwealth of wine—

(a) except by a person who holds a licence granted as prescribed; and

(b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister of State for Primary Industry by the Australian Wine Board constituted under that Act:

AND WHEREAS the Australian Wine Board has recommended to the Minister of State for Primary Industry that the conditions and restrictions applying to the export from the Commonwealth of wine should be the conditions and restrictions set forth in the Wine Overseas Marketing (Licences) Regulations, as amended by the following Regulations:

NOW THEREFORE I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wine Overseas Marketing Act 1929-1966.

Dated this eighth day of June, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

K. S. WRIEDT

Minister of State for Primary Industry.

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Amendments of the Wine Overseas Marketing (Licences) Regulations 

Conditions and restrictions.

1. Regulation 8 of the Wine Overseas Marketing (Licences) Regulations is amended—

(a) by inserting after paragraph (ca) of sub-regulation (1) the word “ and and

(b) by omitting paragraphs (c) and (f) of that sub-regulation.

2. Regulation 9 of the Wine Overseas Marketing (Licences) Regulations is repealed and the following regulation substituted:—

Notification of proposed export of wine.

“ 9. (1) Where a licensee proposes to export wine, he shall, not later than fourteen days before the proposed date of export, lodge with the Secretary or an authorized person two copies of a notification of the proposed export in accordance with Form B in the Schedule.

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*Notified in the Commonwealth Gazette on 21 June 1973.

 Statutory Rules 1954, No 88 as amended by Statutory Rules 1959, No.3.

“ (2)  Where a notification of proposed export has been lodged with the Secretary or an authorized person in accordance with sub-regulation (1), the Secretary or the authorized person shall consider whether the export would be prohibited by sub-regulation (1) of regulation 8 and—

(a) if he is of the opinion that the export would not be so prohibited— certify on a copy of the notification that the proposed export is approved and return that copy to the licensee; or

(b) if he is of the opinion that the export would be so prohibited—return a copy of the notification to the licensee together with a notification, in writing, signed by the Secretary or the authorized person stating that the export is not approved and setting out the reasons why it is not approved.

“ (3)  A copy of a notification referred to in paragraph (a) or (b) of sub regulation (2) shall be returned to the licensee not later than three days before the proposed date of export.”.

Information to be furnished, &c.

3. Regulation 11 of the Wine Overseas Marketing (Licences) Regulations is amended by omitting from sub-regulation (2) the words “ Fifty pounds ” and substituting the words “ One hundred dollars ”.

False information.

4. Regulation 13 of the Wine Overseas Marketing (Licences) Regulations is amended by omitting the words “ Fifty pounds ” and substituting the words “ One hundred dollars ”.

Schedule

5. The Schedule to the Wine Overseas Marketing (Licences) Regulations is amended—

(a) by omitting from Form A the words “ Minister of State for Commerce and Agriculture ” (wherever occurring) and substituting the words “ Minister of State for Primary Industry ”; and

(b) by omitting Forms B and C and substituting the Form in the Schedule.

Application.

6. The amendments of the Wine Overseas Marketing (Licences) Regulations made by regulations 1 and 2 of these Regulations and by paragraph (b) of regulation 5 do not apply in relation to wine exported within fourteen days after the date of commencement of these Regulations.

 

SCHEDULE Regulation 5 (b)

Form B. Reg. 9.

Commonwealth of Australia

Wine Overseas Marketing (Licences) Regulations

EXPORT OF AUSTRALIAN WINE

Shipper
Owner at time of shipment
Purchaser (name and address)
Ship		Port of loading		Estimated date of departure
Port of Discharge		Final destination (if on carriage)		Classification:
				* Under bond Freestore Drawback
Marks and numbers	Number and kind of packages	Quantity in litres and type of wine		Percentage by volume of alcohol and sugar strength in Beaumè degrees
* I/We being the holder(s)* of Licence to Export Wine No. hereby give notice that
* I/we propose to export, as set out above, the wine described above.
* l/We declare—
(a) that all information in this not cc is correct;
(b) that any fortified wine mentioned above is at least six months old; and
(c) that the wine described above is to be shipped			*On consignment
			following actual sale to purchaser,
Name of License
Signature of Licensee…………………………………..  Date ……………

* Strike out whichever is inapplicable.