STATUTORY RULES.
1959. No. 2.
REGULATIONS UNDER THE WINE GRAPES CHARGES ACT 1929-1957.*
WHEREAS it is enacted by sub-section (1.) of section three of the Wine Grapes Charges Act 1929-1957 that a charge is imposed and shall be levied and paid on all grapes delivered to a winery or distillery for use in the manufacture of wine:
And whereas it is enacted by sub-section (2.) of that section that, subject to a lower rate of charge being prescribed by the Regulations, the rate of charge—
(a) in respect of fresh grapes, shall be Fifteen shillings per ton; and
(b) in respect of dried grapes, shall be Two pounds five shillings per ton,
of grapes delivered to a winery or distillery for use in the manufacture of wine:
And whereas it is enacted by section five of that Act that the Governor-General may make regulations, after report to the Minister by the Australian Wine Board, for prescribing lower rates of the charge imposed on grapes intended for use in the manufacture of wine:
And whereas the Australian Wine Board has reported to the Minister that the rate of charge to be imposed on grapes delivered to a winery or distillery on or after the first day of February, One thousand nine hundred and fifty-nine for use in the manufacture of wine should be Twelve shillings per ton in respect of fresh grapes and One pound sixteen shillings per ton in respect of dried grapes, being rates lower than the rates imposed by the Wine Grapes Charges Act 1929-1957:
Now therefore, I; the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wine Grapes Charges Act 1929-1957.
Dated this 14th day of January, 1959.
Administrator.
By His Excellency’s Command,
Minister of State for Primary Industry.
Amendment of the Wine Grapes Charges Regulations.†
Commencement.
1. These Regulations shall come into operation on the first day of February, 1959.
* Notified in the Commonwealth Gazette on 22nd January, 1959.
† Statutory Rules 1938, No. 26, as amended to date. For previous amendments of the Wine Grapes Charges Regulations, see footnote † to Statutory Rules 1959, No. .
8141/58.—Price 3d. 9/2.12.1958.
2. After regulation 3 of the Wine Grapes Charges Regulations the following regulation is inserted:—
Rate of charge.
“4. For the purposes of the Act, the prescribed rate of charge imposed on all grapes delivered to a winery or distillery for use in the manufacture of wine is—
(a) in respect of fresh grapes—Twelve shillings per ton; and
(b) in respect of dried grapes—One pound sixteen shillings per ton.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Wine Grapes Charges Regulations 1959, enacted under the Wine Grapes Charges Act 1929-1957, were introduced to address the need for a revised rate of charge for grapes used in wine production. The Wine Grapes Charges Act 1929-1957 originally imposed specific charges on fresh and dried grapes delivered to wineries and distilleries for wine production, but allowed for the rates to be prescribed by regulation. The Australian Wine Board recommended to the Minister that the rates be adjusted to reflect changes in the market and industry needs. This legislative instrument, created under the authority of the Act, provides for the adjustment of these rates. The regulations were enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and came into effect on 1 February 1959. The policy objective of these regulations is to ensure the rates of charge for grapes used in wine production are set at levels that appropriately reflect the current economic conditions and industry requirements.
Scope and Application
The Wine Grapes Charges Regulations 1959, made under the Wine Grapes Charges Act 1929-1957, apply to all grapes delivered to wineries or distilleries for use in the manufacture of wine across the Commonwealth of Australia. The Act imposes a charge on the delivery of fresh and dried grapes to wineries or distilleries, with the rates specified in the legislation and further defined by these regulations. The rates set out in the regulations are Twelve shillings per ton for fresh grapes and One pound sixteen shillings per ton for dried grapes, effective from 1 February 1959. This legislative instrument allows for the adjustment of the charge rates through subordinate legislation, ensuring that the rates can be modified to reflect economic conditions or policy decisions. The application of these regulations is comprehensive and extends to all entities involved in the delivery of grapes to wineries or distilleries within the national jurisdiction, with no stated exclusions or exemptions in the provided text.
Key Provisions
The main operative sections of these regulations pertain to the alteration of the rates of charge imposed on grapes delivered to wineries or distilleries for wine production, as outlined in Regulation 4. Section 4(a) sets the new rate at Twelve shillings per ton for fresh grapes, while Section 4(b) specifies that the rate for dried grapes is One pound sixteen shillings per ton. These rates are effective from the first day of February, 1959, as stated in Regulation 1. This change amends the existing regulations under the Wine Grapes Charges Act 1929-1957, with the amendment coming into operation as per Regulation 1.
The obligations imposed by these regulations on the relevant parties include adherence to the newly prescribed rates of charge for the delivery of grapes to wineries or distilleries. Wineries and distilleries must ensure that the correct charges are levied on grapes delivered to them, based on whether the grapes are fresh or dried, as stipulated in Section 4. The Australian Wine Board, which reported to the Minister on the recommended rates, plays a role in advising on the rates, although the final regulations are issued by the Administrator of the Government of the Commonwealth of Australia. The regulations also mandate that the new rates be applied from the specified date of 1 February 1959.
The regulations do not explicitly outline offences, penalties, or specific consequences for breach within the text provided. However, breaches of regulations under the Wine Grapes Charges Act 1929-1957 could potentially lead to civil or administrative penalties, depending on the nature and severity of the breach. Such penalties might include fines or other corrective measures to ensure compliance with the legislative requirements. The actual enforcement and penalties would be governed by the broader provisions of the Wine Grapes Charges Act 1929-1957 and other relevant legislation.