Wine Grapes Charges Regulations (Amendment)

Overview

The Wine Grapes Charges Regulations 1963 were enacted under the Wine Grapes Charges Act 1929-1957 to adjust the rates of charge imposed on grapes delivered to wineries and distilleries for wine production. The problem or gap addressed by this legislation was the need to modify the existing rates of charge following a recommendation from the Australian Wine Board, which reported that lower rates would be more appropriate. The enacting body was the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and the policy objective was to implement the revised rates recommended by the Australian Wine Board, thereby making the charge more reflective of current economic conditions and industry needs. These regulations came into operation on 1 February 1963, replacing the previous rates and establishing a new charge of Thirteen shillings per ton for fresh grapes and One pound nineteen shillings per ton for dried grapes.

Scope and Application

The Wine Grapes Charges Regulations 1963, made under the Wine Grapes Charges Act 1929-1957, apply to all grapes delivered to a winery or distillery for the purpose of manufacturing wine within the Commonwealth of Australia. The Act imposes a charge on these grapes, which the Regulations amend to lower the rates for fresh and dried grapes. Specifically, the Regulations set the rate of charge at Thirteen shillings per ton for fresh grapes and One pound nineteen shillings per ton for dried grapes, as recommended by the Australian Wine Board and approved by the Governor-General. These Regulations establish the financial obligations for entities involved in the wine industry, specifically wineries and distilleries, in relation to the grapes they process for wine production. The scope of the Act is confined to the Commonwealth, and there are no specific exclusions or exemptions mentioned in the text, though the Act allows for potential adjustments through subordinate instruments.

Key Provisions

The Wine Grapes Charges Regulations 1963 (Statutory Rules 1963, No. 6) amend the rates of charge for grapes delivered to wineries or distilleries for wine production. Specifically, Regulation 4 of the Wine Grapes Charges Regulations is repealed and replaced with new rates, effective from 1 February 1963. The new rates are Thirteen shillings per ton for fresh grapes and One pound nineteen shillings per ton for dried grapes. These rates are lower than those prescribed in the Wine Grapes Charges Act 1929-1957 and follow a recommendation by the Australian Wine Board. The Act imposes several obligations on the parties governed by it. First, wine grape growers must ensure that the grapes they deliver to wineries or distilleries are appropriately classified as fresh or dried, and the correct charge is applied accordingly. The Act also mandates that wineries and distilleries comply with the specified rates of charge when processing grapes for wine production. Additionally, the Australian Wine Board is required to report to the Minister, who then makes the regulations under the Act. Failure to comply with the Wine Grapes Charges Act 1929-1957 and the subsequent regulations can lead to legal consequences. While the specific offences, penalties, or civil and criminal consequences are not detailed in the regulations, breaches of statutory provisions in similar contexts typically result in fines or other penalties. The maximum penalties would depend on the severity of the breach and could include substantial fines, especially if the non-compliance is found to be willful or repeated. It is advisable for all parties involved to adhere strictly to the prescribed rates and classification requirements to avoid potential legal repercussions.