Grape and Wine Research and Development Corporation Regulations 1991

Administered by Department of Agriculture

Legislation au F1996B02020 Regulations Not in force Legislative Instrument

Legislation content

Grape and Wine Research and Development Corporation Regulations 1991

Statutory Rules 1991 No. 75 as amended

made under the

Primary Industries and Energy Research and Development Act 1989

This compilation was prepared on 1 July 2001
taking into account amendments up to SR 2001 No. 132

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Commencement 

 3 Definitions 

 4 Establishment of the Corporation 

 5 Levy attached to Corporation 

 6 Gross value of production 

 7 Accountability to representative organisations 

 8 Separate accounting records 

Notes 

 

 

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Grape and Wine Research and Development Corporation Regulations 1991.

2 Commencement

  These Regulations commence on 2 July 1991.

3 Definitions

  In these Regulations:

Act means the Primary Industries and Energy Research and Development Act 1989.

Corporation means the Corporation declared by regulation 4 to be established.

grape industry means the industry in Australia concerned with the production of grapes for processing, other than processing by drying.

grape product has the same meaning as in the Australian Wine and Brandy Corporation Act 1980.

wine industry means the industry in Australia concerned with the storage, distribution, marketing and sale of grape product or with the making of wine.

4 Establishment of the Corporation

  For section 8 of the Act, an R & D Corporation, to be known as the Grape and Wine Research and Development Corporation, is declared to be established in respect of:

 (a) the grape industry; and

 (b) the wine industry.

5 Levy attached to Corporation

 (1) For paragraph (5) (1) (a) of the Act, the following levies are attached to the Corporation:

 (a) the levy imposed under Schedule 13 to the Primary Industries (Excise) Levies Act 1999; and

 (b) the levy imposed under Schedule 26 to the Primary Industries (Excise) Levies Act 1999.

 (2) For paragraph 5 (3) (a) of the Act:

 (a) the whole of the levy mentioned in paragraph (1) (a) is the research component of the levy; and

 (b) the research component of the levy mentioned in paragraph (1) (b) is the part of the levy mentioned in paragraph 7 (1) (b) of Schedule 26 to the Primary Industries (Excise) Levies Act 1999.

 (3) For paragraph 5 (3) (b) of the Act;

 (a) the grape industry is the primary industry to which the levy referred to in paragraph (1) (a) relates; and

 (b) the wine industry is the primary industry to which the levy referred to in paragraph (1) (b) relates.

6 Gross value of production

 (1) For subsection 32 (2) of the Act, the Minister must determine the gross value of production of grape and grape product, for a financial year (the relevant financial year), by using:

  where:

A is the estimated value of the grape and grape product to be produced in the relevant financial year.

B is the value of the grape and grape product produced in the financial year immediately before the relevant financial year (the previous financial year).

C is the value of the grape and grape product produced in the financial year immediately before the previous financial year.

 (2) In subregulation (1), a reference to the value of grape and grape product produced, or to the estimated value of grape and grape product to be produced, in a financial year is a reference to the production figures supplied by the Australian Bureau of Agricultural and Resource Economics:

 (a) that show:

 (i) the gross value of grape produced by the grape industry in that financial year; or

 (ii) the estimated gross value of grape to be produced by the grape industry in that financial year; and

 (b) that show:

 (i) the gross value of grape product produced by the wine industry in that financial year; or

 (ii) the estimated gross value of grape product to be produced by the wine industry in that financial year.

7 Accountability to representative organisations

  For subparagraph 29 (b) (iii) of the Act, the grape industry and the wine industry are prescribed.

8 Separate accounting records

  For section 40 of the Act, the Corporation must keep separate accounting records in relation to R & D activities carried out:

 (a) in accordance with a joint venture agreement; or

 (b) by a subsidiary of the Corporation.

Notes to the Grape and Wine Research and Development Corporation Regulations 1991

Note 1

The Grape and Wine Research and Development Corporation Regulations 1991 (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1991 No. 75 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1991 No. 75

30 Apr 1991

2 July 1991

 

2001 No. 132

20 June 2001

1 July 2001

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2001 No. 132

R. 3.................

rs. 2001 No. 132

R. 4.................

am. 2001 No. 132

Rr. 5–7...............

rs. 2001 No. 132

R. 8.................

am. 2001 No. 132

 

 

Overview

The Grape and Wine Research and Development Corporation Regulations 1991 were enacted to establish a research and development corporation for the grape and wine industries in Australia under the Primary Industries and Energy Research and Development Act 1989. The regulations were developed to address the need for coordinated research and development efforts within these industries to enhance productivity, quality, and marketability of grape and wine products. Enacted by the Parliament of Australia, the regulations aim to foster innovation and improve the competitiveness of the Australian grape and wine sectors through dedicated research initiatives. The regulations establish the Corporation, prescribe the levies attached to it, and outline the method for determining the gross value of production of grape and grape products. Additionally, they mandate the Corporation to maintain separate accounting records for its research and development activities and ensure accountability to representative organisations within the industries.

Scope and Application

The Grape and Wine Research and Development Corporation Regulations 1991, made under the Primary Industries and Energy Research and Development Act 1989, establish a framework for the governance and operation of the Grape and Wine Research and Development Corporation. This legislation applies to the grape and wine industries within Australia, aiming to promote research and development activities that benefit these sectors. The Corporation is mandated to implement research initiatives and development projects in coordination with relevant stakeholders, including grape and wine producers. The regulations also specify the procedures for levy collection and allocation, ensuring the Corporation's funding is transparent and directed towards its intended purposes. The geographic reach of these regulations is confined to Australia, and they do not specify any exclusions, exemptions, or thresholds explicitly, but they are subject to amendment through subordinate instruments as evidenced by the 2001 amendments. The regulations require the Corporation to maintain separate accounting records for its research and development activities, enhancing accountability and transparency.

Key Provisions

The Grape and Wine Research and Development Corporation Regulations 1991 (Regulations) establish the legal framework for the operation of the Grape and Wine Research and Development Corporation (Corporation) as declared under regulation 4. The Corporation is tasked with overseeing research and development activities for both the grape and wine industries in Australia. These industries are defined broadly to include all aspects from grape production and processing to the marketing and sale of wine and grape products (regulation 3). The establishment of the Corporation under regulation 4 is a pivotal provision, aligning with section 8 of the Primary Industries and Energy Research and Development Act 1989 (Act). The levy attached to the Corporation, detailed in regulation 5, is integral to funding these activities and is sourced from specified excise levies outlined in the Primary Industries (Excise) Levies Act 1999. Regulation 6 mandates the Minister to determine the gross value of production for grape and grape products annually, using specified formulae and production figures from the Australian Bureau of Agricultural and Resource Economics. This ensures a data-driven approach to setting financial benchmarks and funding allocations. The Regulations impose several obligations on the Corporation. Most notably, the Corporation must maintain accountability to prescribed representative organisations for the grape and wine industries (regulation 7). This ensures that the Corporation's activities are aligned with the interests and needs of these industries. Furthermore, regulation 8 requires the Corporation to keep separate accounting records for research and development activities conducted under joint venture agreements or by its subsidiaries. This segregation of financial records is essential for transparency and effective financial management. Breaches of the Regulations can result in various consequences. While the Regulations themselves do not explicitly detail offences or penalties, the broader legislative framework under which they operate, particularly the Act, provides a foundation for potential legal actions. Violations of the Act could lead to civil or criminal penalties, including fines or imprisonment, depending on the severity and intent of the breach. The specific penalties are outlined in the Act, which governs the operations of the Corporation and its associated activities.

Legal classification tags

Area of Law
Primary Industries Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Establishment of the Corporation
Levy attached to Corporation
Gross value of production

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.