Wine Grapes Charges Act (No. 2) 1929

Overview

The Wine Grapes Charges Act (No. 2) 1929 was enacted to amend the Wine Grapes Charges Act 1929, addressing specific issues related to the classification and charging of grapes used in the wine-making industry. The Act was passed by the Parliament of the Commonwealth of Australia, aiming to provide clarity and adjust the regulatory framework concerning the imposition and collection of charges on wineries and distilleries for the use of grapes in wine production. By redefining the types of grapes and the criteria for wineries and distilleries, the Act intended to ensure more precise and equitable application of charges within the industry.

Scope and Application

The Wine Grapes Charges Act (No. 2) 1929 amends the Wine Grapes Charges Act 1929 and applies to the owners of wineries or distilleries that handle at least ten tons of grapes per year for wine production. This Act imposes a charge on the owners of such entities for all grapes delivered to their facilities after January 1, 1930, for use in wine manufacturing. The charge varies based on the type of grapes, with fresh grapes being charged at five shillings per ton and dried grapes at fifteen shillings per ton. The Act also stipulates that the charge, once due and payable, is considered a debt to the Commonwealth and can be recovered by legal action in any court of competent jurisdiction. The Act's scope is limited to the Commonwealth level, impacting only those entities and individuals who fall within its defined parameters.

Key Provisions

The Wine Grapes Charges (No. 2) Act 1929 primarily amends the Wine Grapes Charges Act 1929 to update definitions and impose new charges on grapes used for wine making. Under section 1, this amending Act is referred to as the Wine Grapes Charges Act (No. 2) 1929, while the original Act is called the Principal Act, and the combined Acts may be cited as the Wine Grapes Charges Acts 1929. Section 2 amends the definitions in the Principal Act, specifically changing the definitions of "dried grapes," "fresh grapes," and "winery or distillery." "Dried grapes" are now defined as those containing less than 60% moisture, while "fresh grapes" are those with not less than 60% moisture. A "winery or distillery" is defined as one handling at least 10 tons of grapes annually for wine production. Section 3 revises the charge on grapes used for wine making. It imposes a charge payable by the owner of any winery or distillery on all grapes delivered to them after 1 January 1930 for wine manufacture. The charge rate is set at five shillings per ton for fresh grapes and fifteen shillings per ton for dried grapes, subject to potential lower rates prescribed by regulations. Section 4 adds a new section 3A, clarifying that the charge becomes a debt to the Commonwealth when due, and the Commonwealth may sue for and recover the charge in any competent court. The Wine Grapes Charges (No. 2) Act 1929 imposes several obligations on parties governed by it. Owners of wineries or distilleries must pay the specified charge on all grapes delivered to their facilities for wine production after 1 January 1930. They are required to adhere to the defined rates for fresh and dried grapes, unless the regulations specify lower rates. The Act also mandates that the charge, once due, is considered a debt to the Commonwealth and may be legally pursued and recovered by the Commonwealth in a court of law. The Act includes provisions for penalties and consequences for non-compliance. While specific penalties are not detailed within the provided text, it is clear that failure to pay the charge when due transforms it into a debt to the Commonwealth, which can be pursued through legal action. The Act does not specify maximum penalties in the provided text, but it implies that legal recourse is available to the Commonwealth to recover the owed charges, suggesting that non-compliance could result in legal and financial repercussions for the defaulting winery or distillery owner.