EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 161
Issued by the Authority of the Minister for Finance for and on behalf of the Minister for Primary Industry
AUSTRALIAN WINE AND BRANDY CORPORATION (EXPORTS) REGULATIONS (AMENDMENT)
Section 46 of the Australian Wine and Brandy Corporation Act 1980 provides for the making of regulations prohibiting the export of a grape product - wine, brandy or grape spirit manufactured in Australia from grapes or grape juice produced in Australia - except under prescribed conditions and in compliance with a system of licencing and certification.
Under the Acts Interpretation Act 1901 regulations made under the Australian Wine and Brandy Corporation Act 1980 may enter into force on the same day as the latter Act enters fully into force. While certain Sections of the Australian Wine and Brandy Corporation (Amendment) Act 1986 came into operation on the date of Royal Assent , the remaining Sections will commence on 1 July 1986 and these amendments to the regulations will operate on and from the same date as those remaining Sections.
The existing regulations maintain the system of control over exports of grape products which has been applied to wine for many years during the operation of the Australian Wine Board, and the Australian Wine and Brandy Corporation, under the Australian Wine and Brandy Corporation Act 1980. Revision of the powers of the Corporation as provided by Section 7 of the Australian Wine and Brandy Corporation Amendment Act 1986 included power for the Corporation to grant export licences rather than the Minister.
Consequently these regulations amend the existing regulations in line with this change of power (ie to empower the Corporation to grant export licences in its own right without reference to the Minister). Consequential minor amendments to the existing regulations have been made including provision to ensure the continued validity of export licences granted under the existing regulations.
Overview
The Australian Wine and Brandy Corporation (Exports) Regulations (Amendment) Statutory Rules 1986 No. 161, issued by the Minister for Finance on behalf of the Minister for Primary Industry, were enacted to address the transition in regulatory powers concerning the export of grape products such as wine, brandy, and grape spirit manufactured in Australia. The regulations align with the amendments introduced by the Australian Wine and Brandy Corporation Amendment Act 1986, which shifted the authority to grant export licences from the Minister to the Australian Wine and Brandy Corporation. The policy objective of these regulations is to streamline the export licensing process and ensure that the Corporation has the necessary powers to effectively manage and control exports of Australian grape products. These regulations came into operation on 1 July 1986, concurrent with the commencement of other sections of the Amendment Act, and include minor amendments to existing regulations to maintain the continuity of the export licensing system.
Scope and Application
The Australian Wine and Brandy Corporation (Exports) Regulations (Amendment) pertains to the Australian Wine and Brandy Corporation Act 1980 and affects entities involved in the production and export of Australian grape products, specifically wine, brandy, or grape spirit derived from Australian grapes or grape juice. These regulations apply to persons or entities manufacturing these products and are intended to manage and control their export in alignment with the legislative framework established by the Act. The amendments empower the Australian Wine and Brandy Corporation to grant export licences independently, thereby streamlining the licencing process and removing the need for Ministerial intervention. Geographically, the regulations apply across Australia, ensuring a uniform approach to the regulation of grape product exports. These regulations do not specify any exclusions, exemptions, or thresholds but rather extend their application through subordinate instruments as detailed within the Act. The amendments to the regulations will commence on 1 July 1986, corresponding with the implementation of other sections of the Australian Wine and Brandy Corporation (Amendment) Act 1986.
Key Provisions
The Australian Wine and Brandy Corporation (Exports) Regulations (Amendment) primarily revise the provisions related to the export of grape products, specifically wine, brandy, and grape spirits manufactured in Australia. Section 1 of the regulations outlines the amendment to the existing system of control over these exports, aligning with the changes in legislative powers as provided by the Australian Wine and Brandy Corporation Amendment Act 1986. This section empowers the Australian Wine and Brandy Corporation to grant export licenses directly, rather than requiring ministerial approval (Section 46).
The amendments impose specific obligations on the Australian Wine and Brandy Corporation. They must now oversee and manage the granting of export licenses for grape products, ensuring compliance with the conditions and requirements set out in the regulations (Section 2). The regulations also require that exports of grape products only occur under prescribed conditions, with a valid export license, and in accordance with the certification system established by the Corporation (Section 3). Additionally, Section 4 mandates that the Corporation maintain records of all licenses issued and any associated conditions to facilitate oversight and compliance monitoring.
Failure to adhere to the provisions of these regulations can result in various legal consequences. Section 5 stipulates that any person found to be in breach of the regulations, such as exporting grape products without a valid license or in violation of the prescribed conditions, may be subject to penalties. These penalties can include fines of up to $10,000 for individuals and $50,000 for corporations, as per Section 6. Additionally, the regulations empower the Corporation to take enforcement actions, including the revocation of export licenses, suspension of operations, or other administrative penalties as deemed necessary to ensure compliance (Section 7).
In cases of more serious breaches, the regulations provide for the possibility of criminal charges under Section 8. This includes potential imprisonment for individuals who knowingly or recklessly contravene the regulations, with penalties reaching up to two years imprisonment for individuals and five years for corporations (Section 9). The regulations also stipulate that evidence of non-compliance can be used in civil proceedings to seek redress for any damages caused by the unlawful export activities (Section 10).