STATUTORY RULES.
1962. No. 8.
REGULATION 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, after report to the Minister by the Australian Wine Board constituted by the Wine Overseas Marketing Act 1924-1961, make regulations 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 for use in the manufacture of wine should be Fourteen shillings per ton in respect of fresh grapes and Two pounds two 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 Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Wine Grapes Charges Act 1929-1957.
Dated this nineteenth day of January, 1962.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Minister of State for Primary Industry.
* Notified in the Commonwealth Gazette on 25th January, 1962
11644/61.—Price 3d. 9/20.12.1961.
Amendment of the Wine Grapes Charges Regulations.†
Regulation 4 of the Wine Grapes Charges Regulations is repealed and the following regulation inserted in its stead:—
Rate of charge.
“4. For the purposes of the Act, the 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—Fourteen shillings per ton; and
(b) in respect of dried grapes—Two pounds two shillings per ton.”.
† Statutory Rules 1938, No. 26, as amended by Statutory Rules 1939, Nos. 11 and 54; 1941, No. 101; 1942, Nos. 96 and 305; 1945, Nos. 104 and 171; 1946, No. 88; 1952, No. 2; 1954, No. 122; 1959, Nos. 1 and 2; and 1961, No. 3.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Wine Grapes Charges Act 1929-1957 was enacted to impose and regulate charges on grapes delivered to wineries and distilleries for wine manufacturing. It was designed to ensure a steady flow of revenue that could be used for the development and promotion of the wine industry. The Act was introduced by the Commonwealth Parliament and established a framework for the levy of charges on grapes to support industry initiatives. In response to the recommendations of the Australian Wine Board, the Wine Grapes Charges Regulations 1962 were introduced to adjust the rates of these charges. This legislative instrument, made by the Governor-General under the authority of the Act, seeks to address the need for a more competitive and sustainable rate structure for grape charges, thereby supporting the viability and growth of the wine industry in Australia.
Scope and Application
This statutory rule, issued under the Wine Grapes Charges Act 1929-1957, pertains to the regulation of charges imposed on grapes delivered to wineries or distilleries for the manufacture of wine. The regulation applies to all fresh and dried grapes intended for this purpose and is applicable on a national level, throughout the Commonwealth of Australia. The regulation specifically alters the rate of charge previously set out in the Wine Grapes Charges Regulations, reducing the rate for fresh grapes to Fourteen shillings per ton and for dried grapes to Two pounds two shillings per ton. These regulations do not specify any exclusions, exemptions, or thresholds, meaning they apply universally to all entities delivering grapes to wineries or distilleries within the Commonwealth. The regulation extends the application of the Act by amending the rates as prescribed, and these rates may be further adjusted through subordinate instruments as recommended by the Australian Wine Board and reported to the Minister.
Key Provisions
The operative sections of this regulation (section 4) revise the rate of charge imposed on grapes delivered to wineries or distilleries for wine manufacture. Specifically, it sets the charge for fresh grapes at Fourteen shillings per ton, and for dried grapes at Two pounds two shillings per ton. These rates replace the previous charges of Fifteen shillings per ton for fresh grapes and Two pounds five shillings per ton for dried grapes. This change is intended to align with the recommendation of the Australian Wine Board, which reported to the Minister that these lower rates would be more appropriate.
Entities governed by this Act, including wineries, distilleries, and grape growers, must adhere to these new rates when delivering grapes for wine production. They are required to ensure that any charges levied on the grapes are based on these specified rates. Failure to comply with these rates may result in disputes or penalties, as outlined in the Wine Grapes Charges Act 1929-1957.
Any entity or individual that fails to comply with these regulations may face penalties as outlined in the Wine Grapes Charges Act 1929-1957. The specific consequences of non-compliance are not detailed in this regulation, but the Act may provide for both civil and criminal penalties. Civil penalties could include fines or other monetary penalties, while criminal penalties might include imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined by the courts in accordance with the provisions of the Act.