Australian Wine and Brandy Corporation Amendment Act (No. 1) 2007
No. 92, 2007
An Act to amend the Australian Wine and Brandy Corporation Act 1980, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Australian Wine and Brandy Corporation Act 1980
Australian Wine and Brandy Corporation Amendment Act (No. 1) 2007
No. 92, 2007
An Act to amend the Australian Wine and Brandy Corporation Act 1980, and for related purposes
[Assented to 22 June 2007]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Australian Wine and Brandy Corporation Amendment Act (No. 1) 2007.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 22 June 2007 |
2. Schedule 1 | The day on which this Act receives the Royal Assent. | 22 June 2007 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Australian Wine and Brandy Corporation Act 1980
1 At the end of paragraph 13(1)(a)
Add “and”.
2 Paragraph 13(1)(b)
Repeal the paragraph.
3 Paragraph 13(1)(c)
Omit “6”, substitute “7”.
4 Subsection 13(4)
Repeal the subsection, substitute:
(4) The Minister must not appoint a person to be a member referred to in paragraph (1)(c) unless the Minister is satisfied that the person has knowledge of, or experience in, one or more of the following:
(a) winemaking;
(b) grape growing;
(c) marketing;
(d) finance;
(e) business management and administration;
(f) government policy processes and public administration.
5 Subsection 14(2)
Repeal the subsection.
6 Subsection 15(1)
Omit “or the member referred to in paragraph 13(1)(b)”.
7 At the end of Part IVA
Add:
29TA Annual report
(1) The Committee must, as soon as practicable after 30 June in each year, prepare and give to the Minister a report of the operations of the Committee (if any) during the financial year that ended on that 30 June.
(2) A report for a financial year may, subject to agreement between the Presiding Member and the Chairperson, be included, as a discrete part, in the annual report for the Corporation for that financial year.
Note: The annual reporting obligations for the Corporation are contained in the Commonwealth Authorities and Companies Act 1997.
(3) If subsection (2) does not apply to a report under this section, the Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister has received the report.
8 Application of amendment made by item 7
The amendment made by item 7 applies in relation to the operations of the Committee during the financial year commencing on 1 July 2007 and during subsequent financial years.
[Minister’s second reading speech made in—
House of Representatives on 29 March 2007
Senate on 12 June 2007]
Overview
The Australian Wine and Brandy Corporation Amendment Act (No. 1) 2007 was enacted to make amendments to the Australian Wine and Brandy Corporation Act 1980. The Act was passed by the Parliament of Australia and received Royal Assent on 22 June 2007. The primary objective of the amendment was to enhance the governance and administration of the Australian Wine and Brandy Corporation by revising the criteria for member appointments and introducing new reporting requirements for the Committee. This Act introduces changes to the composition and expertise of the Corporation’s governing body, ensuring that members have relevant knowledge or experience in winemaking, grape growing, marketing, finance, business management, and government policy processes. Additionally, the Act mandates the Committee to prepare an annual report of its operations, which must be tabled in Parliament, thereby increasing transparency and accountability.
Scope and Application
The Australian Wine and Brandy Corporation Amendment Act (No. 1) 2007 amends the Australian Wine and Brandy Corporation Act 1980, introducing changes to the composition and appointment criteria of the Australian Wine and Brandy Corporation's committee. The Act applies to the entities and individuals involved in the operations of the Australian Wine and Brandy Corporation, specifically targeting the committee members and their qualifications. The amendment specifies the required knowledge and experience in areas such as winemaking, grape growing, marketing, finance, business management, and public administration for committee members, particularly those appointed under subsection 13(1)(c). The Act also introduces new annual reporting requirements for the committee, mandating the preparation and submission of an annual report to the Minister by 30 June each year, with provisions for the report to be included in the Corporation's annual report if agreed upon by the Presiding Member and the Chairperson. This Act operates within the Commonwealth jurisdiction and came into effect on 22 June 2007, the date of Royal Assent.
Key Provisions
The Australian Wine and Brandy Corporation Amendment Act (No. 1) 2007 makes several amendments to the Australian Wine and Brandy Corporation Act 1980. Section 13(1)(a) now includes an additional requirement for the Minister when considering appointments to the Corporation. Specifically, the Minister must ensure that any person appointed as a member has knowledge of, or experience in, one or more of the specified areas such as winemaking, grape growing, marketing, finance, business management and administration, or government policy processes and public administration. This amendment ensures that the appointees have a broad range of expertise relevant to the industry.
The Act also imposes new obligations on the Committee, particularly with respect to annual reporting. According to section 29TA, the Committee must prepare and submit an annual report to the Minister as soon as practicable after 30 June each year. This report should detail the Committee's operations during the preceding financial year. If the Committee's report is to be included as part of the Corporation's annual report, it must be agreed upon by both the Presiding Member and the Chairperson. If not, the Minister is required to lay a copy of the Committee's report before each House of the Parliament within 15 sitting days after receiving it.
Breaching the obligations under this Act can have significant consequences. The Act does not explicitly state penalties for non-compliance with the new reporting requirements, but failing to meet these obligations could potentially lead to administrative sanctions, reputational damage, or loss of funding. Furthermore, the requirement for the Minister to ensure appointees have relevant experience or knowledge implies that any failure to adhere to this could result in appointing unqualified individuals, potentially leading to inefficiencies or mismanagement within the Corporation. While specific penalties are not outlined in the Act, the repercussions of non-compliance could be substantial for the entities involved.