Statutory Rules
1973 No. 14
REGULATION UNDER THE WINE GRAPES CHARGES ACT 1929-1969.*
WHEREAS it is enacted by sub-section (1.) of section 3 of the Wine Grapes Charges Act 1929-1969 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 being prescribed by the Regulations, the rate of the charge—
(a) in respect of fresh grapes, shall be Two dollars fifty cents per ton; and
(b) in respect of dried grapes, shall be Seven dollars fifty cents per ton,
of grapes delivered to a winery or distillery for use in the manufacture of wine:
AND WHEREAS it is enacted by section 5 of that Act that the Governor-General may, after a report to the Minister of State for Primary Industry by the Australian Wine Board constituted under the Wine Overseas Marketing Act 1929-1966, make regulations 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 of State for Primary Industry that the rates of the charge to be imposed on grapes delivered to a winery or distillery for use in the manufacture of wine should be Two dollars forty cents per tonne in respect of fresh grapes and Seven dollars twenty cents per tonne in respect of dried grapes, being rates lower than the rates set out in sub-section (2.) of section 3 of the Wine Grapes Charges Act 1929-1969:
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 1929-1969.
Dated this eighteenth day of January, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
K. S. WRIEDT
Minister of State for Primary Industry.
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Regulation 4 of the Wine Grapes Charges Regulations is repealed and the following regulation inserted in its stead:—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. The rates of the charge imposed by section 3 of the Act on all grapes delivered to a winery or distillery for use in the manufacture of wine are—
(a) in the case of fresh grapes—Two dollars forty cents per tonne; and
(b) in the case of dried grapes—Seven dollars twenty cents per tonne.”
* Notified in the Commonwealth Gazette on 25 January 1973.
† 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; 1961, No. 3; 1962, No. 8; 1963, No. 6; 1967, No. 6; 1969, No. 99; 1971, No. 14 and 1972, No. 20.
Overview
The Wine Grapes Charges Regulations 1973 were enacted under the Wine Grapes Charges Act 1929-1969 by the Governor-General in Council, addressing the need to adjust the rates of charges imposed on grapes delivered to wineries or distilleries for wine production. The regulations were formulated in response to a recommendation by the Australian Wine Board, which reported to the Minister of State for Primary Industry. The policy objective of these regulations was to reduce the charges on both fresh and dried grapes used in the wine manufacturing process, thereby potentially enhancing the competitiveness of the Australian wine industry. The new rates set forth in the regulations aimed to reflect a lower financial burden on wine producers while still maintaining a structured levy system as mandated by the Act.
Scope and Application
The Wine Grapes Charges Act 1929-1969 imposes a charge on all grapes delivered to a winery or distillery for use in the manufacture of wine. This charge is levied under the Act and is applicable to all grapes intended for wine production, whether they are fresh or dried. The Act is a Commonwealth legislation and applies nationally across Australia. The regulation under the Act, specifically the Wine Grapes Charges Regulations, sets the rates of the charge. The current rates, as amended by Statutory Rules 1973 No. 14, are Two dollars forty cents per tonne for fresh grapes and Seven dollars twenty cents per tonne for dried grapes. The regulation can be further modified by subordinate instruments, allowing for adjustments to the rates based on recommendations from the Australian Wine Board and subsequent approval by the Minister of State for Primary Industry. There are no exclusions or exemptions outlined in the primary text, meaning that all entities involved in the delivery of grapes for wine production must comply with the charge.
Key Provisions
The statutory instrument (Statutory Rules 1973 No. 14) under the Wine Grapes Charges Act 1929-1969 amends the existing rates of charge on grapes delivered to wineries or distilleries for wine production. Section 4 of the regulation specifies that the rate of charge for fresh grapes is reduced to $2.40 per tonne (regulation 4(a)), and for dried grapes, it is set at $7.20 per tonne (regulation 4(b)). These rates are lower than those previously established by sub-section (2) of section 3 of the Wine Grapes Charges Act 1929-1969.
The obligations under this regulation require that anyone delivering grapes to a winery or distillery for wine production must adhere to the newly established rates. This includes ensuring that the correct charge is levied and paid according to whether the grapes are fresh or dried. The regulation applies to all entities involved in the delivery of grapes for wine production, making compliance mandatory.
Failure to comply with the charge rates set out in this regulation may result in legal consequences. Specifically, section 3 of the Wine Grapes Charges Act 1929-1969 imposes penalties for non-compliance. The exact nature of these penalties is not detailed in the statutory instrument but can be expected to include financial penalties or other legal actions as prescribed under the primary Act. The maximum penalties, if applicable, would be determined by the provisions of the Wine Grapes Charges Act 1929-1969 itself.