Australian Wine and Brandy Corporation Amendment Act 1992
No. 137 of 1992
An Act to amend the Australian Wine and Brandy Corporation Act 1980
[Assented to 11 November 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Australian Wine and Brandy Corporation Amendment Act 1992.
(2) In this Act, “Principal Act” means the Australian Wine and Brandy Corporation Act 19801.
Commencement
2.(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(2) Section 4 commences 28 days after this Act receives the Royal Assent.
3. After section 39Z of the Principal Act, the following sections are inserted in Division 2 of Part VIA:
Corporation may require records
“39ZAA.(1) If the Corporation has reason to believe that a wine manufacturer or other person holds or controls a record required by this Division to be made and kept, the Corporation may, by notice in writing served on the person, require the person to produce the record to the Corporation, within the period and in the manner specified in the notice.
“(2) The period specified in the notice must not be less than 14 days from the day on which it is served.
“(3) The notice must set out the effects of section 39ZAB.
Failure to comply with section 39ZAA notice
“39ZAB.(1) A person must not, without reasonable excuse, refuse or fail to comply with a notice under section 39ZAA.
Penalty: $15,000.
“(2) It is a reasonable excuse for a person to refuse or fail to comply with a notice if complying would tend to incriminate the person.
Corporation may retain records
“39ZAC. If a record is produced to the Corporation under section 39ZAA:
(a) the Corporation may keep it for 60 days, or, if a prosecution for a label offence of whose commission the record may be evidence is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; and
(b) the Corporation may inspect the record and may make and retain copies of all or part of it; and
(c) while the Corporation has possession of the record, the Corporation must:
(i) allow the record to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the Corporation’s possession; and
(ii) allow such a person to make a copy of the record.”.
4. Before section 39ZAA of the Principal Act, the following section is inserted:
Offences in relation to record-keeping
“39ZAAA. If a wine manufacturer who is required by this Division to make and keep a record of a matter:
(a) knowingly or recklessly fails to make or keep the record as required by this Division; or
(b) knowingly or recklessly makes or keeps a record of the matter that is false, misleading or incomplete in a material particular;
the manufacturer is guilty of an offence.
Penalty: $15,000.”.
Discovery of evidence
5. Section 39ZG of the Principal Act is amended by omitting paragraph (c) from subsection (1) and substituting the following paragraph:
“(c) if the evidence is a book, record or document—while the inspector has possession of the evidence, the inspector must:
(i) allow the evidence to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession; and
(ii) allow such a person to make a copy of the evidence.”.
Corporation may require information
6. Section 42 of the Principal Act is amended by omitting from subsection (1) “to matters about which records are required to be kept under Part VIA or other matters relating to the description of wine”, and substituting “to matters relating to the description of wine, other than matters about which records are required to be kept under Part VIA,”.
Further amendments
7. The Principal Act is further amended as set out in the Schedule.
SCHEDULE Section 7
FURTHER AMENDMENTS
Sections 39F, 39G, 39H, 39J, 39K, 39M, 39N, 39P, 39Q and 39R:
Omit “Penalty: $15,000.”.
Paragraph 39ZF(4)(d):
Omit “one month”, substitute “7 days”.
Paragraph 39ZG(2)(b):
Omit the paragraph, substitute the following:
“(b) the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction;
subsection (1) applies to the thing as if it were the evidence.”.
NOTE
1. No. 161, 1980, as amended. For previous amendments, see No. 48, 1982; Nos. 72 and 165, 1984; No. 65, 1985; No. 60, 1986; No. 51, 1988; No. 144, 1989; and No. 26, 1991.
[Minister’s second reading speech made in—
House of Representatives on 19 August 1992
Senate on 13 October 1992]
Overview
The Australian Wine and Brandy Corporation Amendment Act 1992, enacted by the Parliament of Australia and assented to on 11 November 1992, was designed to amend the Australian Wine and Brandy Corporation Act 1980. This legislative amendment aimed to address the need for greater oversight and enforcement within the wine and brandy industry, particularly in relation to record-keeping and the discovery of evidence. The Act introduces new provisions to enhance the Corporation's ability to access records held by wine manufacturers and other relevant entities, imposing penalties for non-compliance and outlining procedures for the retention and inspection of records. Additionally, it revises the conditions under which inspectors can seize evidence, thereby strengthening the regulatory framework aimed at ensuring compliance with industry standards and protecting consumer interests.
Scope and Application
The Australian Wine and Brandy Corporation Amendment Act 1992 amends the Australian Wine and Brandy Corporation Act 1980, which governs the operations and regulatory functions of the Australian Wine and Brandy Corporation. This Act applies to wine manufacturers and other relevant persons within the Australian wine and brandy industry, extending its reach to Commonwealth jurisdiction. The Act empowers the Corporation to request records from wine manufacturers or other persons believed to hold or control required records, with a minimum 14-day period for compliance. Failure to comply with such notices without reasonable excuse incurs a penalty of $15,000. The Corporation can retain these records for up to 60 days or until the completion of related proceedings and appeals. The Act also allows the Corporation to inspect and make copies of records, while requiring it to allow inspection and copying by entitled persons when the records are in its possession. Additionally, the Act imposes penalties for offences related to the falsification, omission, or incompleteness of required records. Amendments to the Principal Act also include changes to the conditions for evidence seizure and the duration of certain penalties.
Key Provisions
The Australian Wine and Brandy Corporation Amendment Act 1992 amends the Australian Wine and Brandy Corporation Act 1980 in several significant ways. Section 39ZAA (1) provides that if the Corporation has reason to believe that a wine manufacturer or other person holds or controls a record required by the Act, it may require the person to produce the record to the Corporation within a specified period, not less than 14 days, and in the manner specified in the notice. The notice must also set out the effects of section 39ZAB (1). Section 39ZAB (1) makes it an offence for a person to refuse or fail to comply with a notice under section 39ZAA without reasonable excuse, with a penalty of $15,000. Section 39ZAC outlines the Corporation’s rights with respect to the record once it is produced, including the right to inspect the record, make copies, and retain it for a specified period.
The Act imposes several obligations on the parties it governs. For instance, wine manufacturers are required to make and keep records of certain matters, as specified in the Act, and must ensure that these records are accurate and complete. Failure to comply with these obligations may result in an offence under section 39ZAAA, with a penalty of $15,000. Additionally, the Act imposes obligations on the Corporation, such as the requirement to allow certain persons to inspect and copy records that are in its possession.
Breach of certain provisions of the Act may result in criminal or civil consequences. For example, failure to comply with a notice under section 39ZAA without reasonable excuse is an offence punishable by a penalty of $15,000, as specified in section 39ZAB (1). Similarly, knowingly or recklessly failing to make or keep a required record, or knowingly or recklessly making or keeping a record that is false, misleading or incomplete in a material particular, is an offence punishable by a penalty of $15,000, as specified in section 39ZAAA. The Act also includes provisions for the seizure of evidence, with certain conditions and requirements, as specified in section 39ZG.
In summary, the Australian Wine and Brandy Corporation Amendment Act 1992 amends the Australian Wine and Brandy Corporation Act 1980 in several significant ways, including the introduction of new provisions relating to record-keeping, the retention of records by the Corporation, and the seizure of evidence. The Act imposes obligations on wine manufacturers and the Corporation, and breach of certain provisions may result in criminal or civil consequences, including penalties of up to $15,000.