Wine Australia Regulations 2018
made under the
Wine Australia Act 2013
Compilation No. 4
Compilation date: 1 January 2025
Includes amendments: F2024L01314
About this compilation
This compilation
This is a compilation of the Wine Australia Regulations 2018 that shows the text of the law as amended and in force on 1 January 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name
3 Authority
4 Definitions
Part 2—Definitions for the purposes of the Act
5 Grape product
6 Prescribed geographical indication
6A Prescribed wine‑trading agreement
6B Grapes research levy, wine export charge and wine grapes levy
Part 3—Export controls
Division 1—Export conditions and exemptions
7 Conditions of export
8 Exemptions
Division 2—Export licences
9 Grant of licence
10 Fit and proper person test for grant of licence
11 Period of licence
12 Authority may request information from licensee
13 Suspension and cancellation of licence
Division 3—Approved grape products
14 Approval of grape product for export
15 Approval holder may authorise another licensee to export grape product
16 Authority may request information about grape product
17 Suspension and revocation of approval
Division 3A—Provision of grape product labels
17A Provision of grape product labels
Division 4—Export certificates
18 Application for export certificate
19 Authority may request information about compliance with other laws
20 Issue of export certificate
21 Revocation of export certificate
Division 4A—Label Directory
21A Label Directory
Division 5—Other matters
22 Direction by Authority on quantity of exports
23 Applications for review of decisions
Part 4—Description and presentation of wine
24 Wine originating in more than one country
25 Grape varieties
26 Use of registered geographical indications
27 Vintages
Part
Overview
The Wine Australia Regulations 2018, made under the Wine Australia Act 2013, aim to address the need for a comprehensive regulatory framework governing the export of Australian wine and grape products. Enacted by the Australian Parliament, these regulations establish stringent controls and procedures to ensure compliance with export standards, protect geographical indications, and facilitate the smooth international trade of Australian wine. The regulations include provisions for export controls, approval of grape products for export, export certificates, and the determination of geographical indications, among others. They are designed to uphold the integrity of Australian wine in the global market while safeguarding the interests of producers and consumers.
Scope and Application
The Wine Australia Regulations 2018, made under the Wine Australia Act 2013, primarily apply to entities involved in the export of grape products from Australia, including wine. The Act regulates the export process through a series of controls, licenses, and certificates to ensure compliance with Australian and international standards. The scope of the Act includes the export of grape products, the approval of such products for export, the issuance of export certificates, and the determination of geographical indications (GIs) for wines. It extends to the regulation of the description and presentation of wines, the determination of Australian and foreign GIs, and the establishment of a Label Directory for grape product labels used in exports. The Act's application is national, as it pertains to the export of products from Australia to foreign countries. The Act does not specify exclusions or thresholds for its application but provides for exemptions in certain circumstances, such as the export of small quantities of grape products. The Act can be extended through subordinate instruments, which may introduce additional regulations or modify existing ones to adapt to changes in trade practices, standards, or international agreements.
Key Provisions
- The Wine Australia Regulations 2018 set forth the rules and requirements for the export of Australian grape products, including wine, brandy, and grape spirit, to foreign markets. The regulations cover export controls, the approval process for grape products, the issuance of export certificates, and the labelling of grape products.
- Under these regulations, the export of grape products is subject to several conditions. For example, exporters must hold a valid licence, and the products must be approved for export by the relevant authority. The regulations also specify conditions under which the export of grape products is prohibited, such as when the export contravenes the Wine Australia Act 2013 or when the exporter fails to comply with an export direction.
- The regulations require grape products to be approved for export by the authority, which involves a thorough assessment to ensure the products meet Australian and international standards. The approval process includes an evaluation of the product's compliance with the Australia New Zealand Food Standards Code, its merchantability, and the appropriateness of its description and presentation.
- For the export of grape products, licensees must apply for and obtain an export certificate. The application for an export certificate must include a written declaration that the labels used for the consignment comply with the regulations. The authority may request information to verify compliance with other laws related to the description and presentation of the grape products.
- The regulations mandate the provision of digital colour images of grape product labels to the authority, which are then included in the Label Directory. This directory serves as a publicly accessible database of approved grape product labels, ensuring transparency and consistency in the labelling of exported grape products.
- The regulations also cover the description and presentation of wine, including the use of geographical indications, grape varieties, and vintages. They provide specific requirements for how wine must be described and presented, particularly in relation to the use of geographical indications and the proportion of grapes originating from different countries or regions.
- In terms of offences and penalties, the regulations do not explicitly outline specific penalties for breaches. However, the Wine Australia Act 2013, under which these regulations are made, provides for offences and penalties related to the contravention of the Act and these regulations. Penalties can include fines and, in some cases, imprisonment, depending on the severity and nature of the breach. The authority has the power to suspend or cancel licences and revoke export certificates for non-compliance with the regulations.
- Overall, the Wine Australia Regulations 2018 establish a comprehensive framework to ensure that Australian grape products meet the necessary standards for export, protect the reputation of Australian products, and comply with international trade requirements.
- Area of Law
- Administrative Law
- Commercial Law
- Environmental Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegated & Subordinate Legislation
- Licensing & Registration
- Enforcement Powers
- Reporting & Disclosure Obligations
