Overview

The Australian Grape and Wine Authority Act 2013 was enacted by the Parliament of Australia to address the need for a comprehensive and authoritative body to manage the regulation and development of Australia's grape and wine industry. This Act established the Australian Grape and Wine Authority, which was designed to streamline industry regulation, support market access and development, and enhance the overall competitiveness of the industry. The policy objective of this Act was to provide a unified approach to the regulation of the grape and wine industry, aiming to increase the industry's productivity, sustainability, and international market presence. The Gross Value of Production determination for the 2013-14 financial year, as outlined in the gazette, is an example of the Authority's role in assessing and reporting on the economic contribution of the industry, ensuring that funds are appropriately allocated for research and development activities.

Scope and Application

The Australian Grape and Wine Authority Act 2013 applies to the wine grapes and wine industry in Australia, encompassing both the production of wine grapes and the subsequent manufacture of wine. This Act is enacted at the Commonwealth level and therefore has a national reach, impacting all entities involved in the wine industry across Australia. The Act provides for the determination of the Gross Value of Production (GVP) for the wine industry, which is used to fund research and development activities within the sector. This particular legislative instrument, Gazette C2014G01315, specifically revokes a previous determination of the GVP for the 2013-14 financial year and sets new figures for the gross value of production for both wine grapes and wine. This determination is a direct application of the powers granted under section 32B(2) of the Act, ensuring that the financial contributions from the industry are accurately assessed and allocated for relevant research initiatives.

Key Provisions

The primary operative sections of the legislation, C2014G01315, involve the revocation of a previous determination of the Gross Value of Production (GVP) for the wine grapes and wine industry for the 2013-14 financial year, as detailed in section 32B(2) of the Australian Grape and Wine Authority Act 2013. This revocation is executed by Matthew Koval, a delegate of the Minister for Agriculture, who then determines the new GVP figures for both wine grapes and wine for the specified period. The new figures established are $771,912,667 for wine grapes and $1,740,782,221 for wine, which will be used for allocating funds towards research and development activities within the industry (section 32B(2)). The obligations and requirements imposed by the Act include ensuring that the newly determined GVP figures are used as the basis for allocating funds for research and development in the wine industry. This determination process must comply with the statutory provisions set out in the Australian Grape and Wine Authority Act 2013. The Act mandates that the delegate of the Minister for Agriculture accurately assess and determine the GVP to ensure that the funds are correctly allocated for the specified purpose. This involves a rigorous review and calculation process to ensure the figures are both accurate and reflective of the industry's economic contribution for the financial year in question. In terms of legal consequences, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the process of determining the GVP and revoking the previous determination must adhere to the statutory requirements set out in the Australian Grape and Wine Authority Act 2013. Failure to comply with these requirements could potentially lead to legal challenges or disputes regarding the accuracy and appropriateness of the GVP figures. While the legislation itself does not detail specific penalties, any breach of the statutory requirements could result in the need for judicial review or other legal actions to rectify the non-compliance. This underscores the importance of ensuring that all determinations are made in accordance with the legislative framework provided by the Act.