EXPLANATORY STATEMENT
Subject - Australian Wine and Brandy Corporation Amendment Act 2010
Proclamation
Section 2 of the Australian Wine and Brandy Corporation Amendment Act 2010 (the Act) provides that Schedules 1 and 2 to the Act commence on a day to be fixed by proclamation. However, if any of the provisions of Schedules 1 and 2 do not commence within six months of the date the Act receives the royal assent, then those provisions commence on the first day after the end of that six month period. The Act received the Royal Assent on 6 July 2010.
The purpose of the Proclamation is to fix 1 September 2010 as the day on which Schedules 1 and 2 to the Act commence. This date is significant because the Act implements the Australia-European Community Agreement on Trade in Wine (the Agreement) and the Proclamation date would be the date the Agreement enters into force.
Schedule 1 to the Act makes the necessary amendments to Australian legislation for Australia to bring the Agreement into force. The schedule amends the Australian Wine and Brandy Corporation Act 1980 (AWBC Act) and Trade Marks Act 1995 (Trade Marks Act).
The amendments provide rules for the protection of foreign country geographical indications (GIs), translations of foreign country GIs, traditional expressions, Australian quality wine terms and other additional terms. To provide for these changes the objects of the AWBC Act and the powers of the Australian Wine and Brandy Corporation (AWBC) are amended.
Amendments to the Trade Marks Act are necessary to implement the Agreement and to ensure that its interpretation is consistent with that of the AWBC Act.
Schedule 2 of the Act further protects Australia’s reputation for the production of wines of quality and integrity. This is achieved by strengthening the AWBC’s Label Integrity Program (LIP). Amendments to the LIP will provide that those involved in the production, distribution and sale of wine and grapes used to make wine must keep a record of the date of receipt, quantity, vintage, variety, GI and the identity of the supplier (or recipient) of those goods. A new offence will be created to apply to a person who makes a claim relating to vintage, variety or GI of wine goods when that claim is not supported by their records.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Section 2 of the Australian Wine and Brandy Corporation Amendment Act 2010
Overview
The Australian Wine and Brandy Corporation Amendment Act 2010 was enacted to address the need for legislative changes to implement the Australia-European Community Agreement on Trade in Wine. This Agreement required Australia to amend its existing laws to ensure compliance and to facilitate smoother trade relations in the wine sector between Australia and the European Community. The Australian Parliament was the enacting body for this Act, which was designed with the policy objective of enhancing the protection of geographical indications, traditional expressions, and quality wine terms, while also reinforcing the integrity of wine labelling practices. The Act received royal assent on 6 July 2010, with a proclamation subsequently setting 1 September 2010 as the commencement date for the Act's Schedules, aligning with the Agreement's effective date. Through this legislative amendment, Australia aimed to safeguard its wine industry's reputation and ensure adherence to international trade agreements.
Scope and Application
The Australian Wine and Brandy Corporation Amendment Act 2010 applies to the Australian Wine and Brandy Corporation (AWBC) and other entities involved in the production, distribution, and sale of wine and grapes in Australia. The Act also applies to foreign entities that produce wine intended for importation into Australia. Geographically, the Act has a national reach as it is an Australian federal legislation. The Act received royal assent on 6 July 2010 and the provisions of Schedules 1 and 2 commence on 1 September 2010. The Act implements the Australia-European Community Agreement on Trade in Wine and provides for the protection of foreign country geographical indications, translations of foreign country geographical indications, traditional expressions, Australian quality wine terms and other additional terms. The Act also strengthens the AWBC’s Label Integrity Program, which requires that records be kept of the date of receipt, quantity, vintage, variety, geographical indication, and identity of the supplier or recipient of wine and grapes. The Act creates a new offence for making unsupported claims relating to the vintage, variety, or geographical indication of wine goods. The application of the Act may be extended or restricted through subordinate instruments.
Key Provisions
The Australian Wine and Brandy Corporation Amendment Act 2010 (the Act) introduces significant changes to existing Australian legislation to implement the Australia-European Community Agreement on Trade in Wine. Section 2 of the Act specifies that Schedules 1 and 2 will commence on a day to be fixed by proclamation, with a default commencement date of 1 September 2010 if the proclamation is not issued within six months of the Act receiving royal assent, which occurred on 6 July 2010. This date is crucial as it marks the entry into force of the Agreement. Schedule 1 amends the Australian Wine and Brandy Corporation Act 1980 (AWBC Act) and the Trade Marks Act 1995 to incorporate rules for the protection of foreign country geographical indications (GIs), translations of foreign country GIs, traditional expressions, Australian quality wine terms and other additional terms. The objects of the AWBC Act and the powers of the Australian Wine and Brandy Corporation (AWBC) are also amended to align with these new provisions.
The obligations under the Act require the AWBC to enforce the new rules and ensure compliance with the amended legislation. This includes updating the AWBC Act to provide for the protection of GIs and other terms, ensuring that the AWBC's powers are sufficient to carry out these functions effectively. The Trade Marks Act is similarly amended to ensure its interpretation is consistent with the AWBC Act, facilitating a unified approach to the regulation of wine trade and intellectual property within Australia. The amendments necessitate that the AWBC and relevant stakeholders update their practices to comply with the new provisions, including the protection of GIs and the enforcement of quality standards.
Schedule 2 of the Act further strengthens the AWBC's Label Integrity Program (LIP) to protect Australia’s reputation for producing wines of quality and integrity. It mandates that those involved in the production, distribution and sale of wine and grapes must maintain detailed records of various attributes, including the date of receipt, quantity, vintage, variety, GI and the identity of suppliers or recipients. This comprehensive record-keeping requirement is designed to ensure traceability and accountability within the wine supply chain. A new offence is introduced for individuals who make unsupported claims regarding the vintage, variety or GI of wine goods. This offence carries specific penalties and consequences to deter non-compliance and protect the integrity of the wine industry.