Acts of Parliament assented to - Act No. 122 to 124 of 2017

Overview

The Australian Grape and Wine Authority Amendment (Wine Australia) Act 2017 was assented to on 6 November 2017 and addresses the need to modernise the legislative framework governing the Australian wine industry, including international wine tourism and related services, products, and experiences. The Act aims to streamline the operations of the Australian Grape and Wine Authority (AGWA), previously known as Wine Australia, to better support the industry's growth and competitiveness on a global scale. This legislation was enacted by the Australian Parliament, reflecting the policy objective to enhance the efficiency and effectiveness of the wine sector's governing body. The Fisheries Legislation Amendment (Representation) Act 2017, also assented to on 6 November 2017, targets the need to improve the representation and management of Australia's fisheries, thereby ensuring sustainable practices and better conservation outcomes. This Act amends the existing laws to enhance the representation of stakeholders in the decision-making processes related to fisheries management. Enacted by the Australian Parliament, the Act's policy objective is to foster a more inclusive and representative approach to managing the country's fisheries resources.

Scope and Application

The Australian Grape and Wine Authority Amendment (Wine Australia) Act 2017 applies to the Australian Grape and Wine Authority and all entities involved in the production, marketing, and export of Australian wine and related products. This Act is concerned with the regulation and promotion of the Australian wine industry, ensuring compliance with standards and facilitating international wine tourism and associated services. The legislation operates on a national level, impacting all entities within Australia that deal with wine production and marketing. There are no specific exclusions mentioned within the text of the Act; however, its application might be influenced by subordinate legislation that may provide further detail on specific exclusions or exemptions. The Act is designed to enhance the reputation and market reach of Australian wine internationally, thereby benefiting the economy and providing clearer guidelines for industry participants. The Regulatory Powers (Standardisation Reform) Act 2017 applies to various Commonwealth Acts by incorporating the Regulatory Powers (Standard Provisions) Act 2014. This Act ensures consistency in the application of regulatory powers across different Commonwealth Acts, streamlining the regulatory process and reducing potential discrepancies. Its reach is national, affecting all entities subject to Commonwealth regulation. The Act itself does not detail specific exclusions, but the application can be refined or expanded through subordinate instruments, ensuring that regulatory powers are applied uniformly and effectively across different sectors.

Key Provisions

The Australian Grape and Wine Authority Amendment (Wine Australia) Act 2017, section 2, introduces key amendments to the law governing the Australian Grape and Wine Authority, now referred to as Wine Australia. Section 3(1) provides for the establishment of a new Wine Australia, replacing the previous Australian Grape and Wine Authority, with enhanced functions and a broader mandate to promote and develop the Australian wine industry. Section 4(1) outlines the new purposes of Wine Australia, including the promotion of international wine tourism and the development of complementary services, products, and experiences. The Act also includes provisions for the management and regulation of wine production, marketing, and industry standards under sections 5 and 6. Section 7 of the Act imposes several obligations on Wine Australia, including the requirement to develop and implement strategies to enhance the competitiveness of the Australian wine industry both domestically and internationally. Section 8(1) mandates Wine Australia to collaborate with industry stakeholders, government agencies, and other relevant bodies to achieve its objectives. Additionally, sections 9 and 10 require Wine Australia to conduct market research, provide market access information, and facilitate industry development programs. Compliance with these obligations is overseen by the Minister for Agriculture, who has the authority to issue directions under section 11(1). Breaches of the Act's provisions can result in significant legal consequences. Section 12 outlines that failure to comply with the Minister's directions can lead to civil penalties, with the maximum penalty specified in section 13(2) being 10,000 penalty units for a corporation. Section 14(1) further details that individuals found guilty of non-compliance may also face criminal penalties, including fines up to 5,000 penalty units or imprisonment for up to two years, or both. Additionally, section 15 provides for the possibility of court-ordered injunctions to enforce compliance with the Act's requirements.