STATUTORY RULES.
1939. No. 11.
REGULATIONS UNDER THE WINE GRAPES CHARGES ACTS 1929-1937.*
WHEREAS by section five of the Wine Grapes Charges Act 1929-1937 it is enacted that the Governor-General may, after report to the Minister by the Australian Wine Board constituted under the Wine Overseas Marketing Act 1929-1936, make Regulations for prescribing lower rates of the charge imposed on grapes intended for use in the manufacture of wine:
And whereas the Board has reported to the Minister that the rates of charge to be imposed on grapes intended for use in the manufacture of wine and delivered to a winery or distillery for use in the manufacture of wine should be the rates prescribed by the Wine Grapes Charges Regulations as amended by the Regulations hereunder, being rates lower than the crates imposed by the Wine Grapes Charges Act 1929-1937:
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wine Grapes Charges Act 1929-1937:
Dated this twenty second day of February, 1939.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for Minister of State for Commerce.
————
Amendments of the Wine Grapes Charges Regulations.†
1. Regulation 4 of the Wine Grapes Charges Regulations is repealed and the following regulation inserted in its stead:—
Rate of charge.
“4. The rate of the charge imposed and to be levied and paid by the owner of any winery or distillery under section 3 of the Act on grapes delivered to a winery or distillery for use in the manufacture of wine—
(a) in respect of fresh grapes, shall be Two shillings per ton; and
(b) in respect of dried grapes, shall be Six shillings per ton”.
* Notified in the Commonwealth Gazette on , 1939.
† Statutory Rules 1938, No. 26.
640.—8/8.2.1939.—Price 3d.
2. Regulation 10 of the Wine Grapes Charges Regulations is repealed and the following regulation inserted in its stead:—
Certificate in respect of charges imposed under section 3 of Act.
“10. In any action against a person for the recovery of the charge imposed by section 3 of the Act, a certificate in writing signed by the Secretary, Department of Commerce, certifying that—
(a) the person named in the certificate is the owner of the winery or distillery named in the certificate;
(b) the particulars of grapes delivered to that winery or distillery during a year are as stated in the certificate;
(c) the particulars of grapes handled by that winery or distillery for use in the manufacture of wine during a year are as stated in the certificate; and
(d) the sum named in the certificate was, at the date of the certificate, due by the person named in the certificate to the King on behalf of the Commonwealth in respect of the charge imposed by the Act,
shall be prima facie evidence of the facts stated in the certificate”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Wine Grapes Charges Regulations 1939 were enacted as a legislative instrument under the Wine Grapes Charges Act 1929-1937. This legislation was introduced to address the need to adjust the rates of charge imposed on grapes intended for use in the manufacture of wine. The enactment of these regulations was authorised by the Governor-General, acting on advice from the Federal Executive Council, and was based on a report from the Australian Wine Board. The primary policy objective was to reduce the charges on wine grapes, thereby making it more economical for wineries and distilleries to source and process grapes for wine production. This regulatory change was aimed at supporting the wine industry by lowering financial burdens on businesses within this sector.
Scope and Application
The Wine Grapes Charges Regulations, 1939, made under the Wine Grapes Charges Act 1929-1937, apply to the owners of wineries or distilleries that use grapes for the manufacture of wine. The scope of the Act includes the imposition and regulation of charges on grapes delivered to wineries or distilleries for wine production. These regulations set forth the rates for such charges, distinguishing between fresh and dried grapes. The Act applies on a national level across Australia, as it is a Commonwealth statute. However, the implementation and enforcement of these charges would be subject to the specific circumstances of each winery or distillery within the states and territories. The Act does not explicitly outline exclusions or exemptions, but the charges are intended to apply to all relevant entities involved in the wine manufacturing process. The Act's application may be further defined or extended through additional regulations or amendments as deemed necessary by the Governor-General in consultation with the Australian Wine Board.
Key Provisions
The Wine Grapes Charges Regulations, 1939, primarily focus on the establishment of lower rates for charges on grapes intended for wine production, replacing previous rates under the Wine Grapes Charges Act 1929-1937. Regulation 4 sets the new rates, with a charge of two shillings per ton for fresh grapes and six shillings per ton for dried grapes (Regulation 4(a) and (b)). This regulation replaces the previous rates, which were higher, thereby providing some relief to winery and distillery owners.
The Regulations also impose obligations on the parties involved. Owners of wineries or distilleries must ensure that the correct charges are levied on grapes delivered for wine production (Regulation 4). Additionally, in cases where a charge is disputed, a certificate signed by the Secretary, Department of Commerce, is required. This certificate must verify the identity of the winery or distillery owner, detail the grape deliveries and handling, and state the amount due for the charge (Regulation 10(a)-(d)). This certification serves as prima facie evidence in any legal proceedings concerning the charge (Regulation 10).
Failure to comply with these provisions can lead to legal consequences. Specifically, the regulations may be enforced through civil actions, where the certificate provided by the Secretary is used as evidence. If a party is found to have deliberately or negligently failed to comply with the charge requirements, they could face penalties. Although the specific penalties are not detailed in the provided text, breaches of similar nature under the Wine Grapes Charges Act 1929-1937 could result in fines or other civil penalties, depending on the severity and intent of the breach.