STATUTORY RULES
1971 No.
REGULATIONS 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 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 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 One dollar eighty cents per ton in respect of fresh grapes and Five dollars forty cents per ton in respect of dried grapes, being rates lower than the rates imposed by 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 Regulations under the Wine Grapes Charges Act 1929-1969.
Dated this twenty-eight day of January, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd.) J. D. ANTHONY
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, 1971.
* Notified in the Commonwealth Gazette on 1971.
† 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; and 1969, No. 99.
26464/70—Price 5c 10/14.1.1971
2. Regulation 4 of the Wine Grapes Charges Regulations is repealed and the following regulation inserted in its stead:—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 by section 3 of the Act on all grapes delivered to a winery or distillery for use in the manufacture of wine is—
(a) in respect of fresh grapes—One dollar eighty cents per ton; and
(b) in respect of dried grapes—Five dollars forty cents per ton.”.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Wine Grapes Charges Regulations 1971 were enacted to amend the rates of the charge imposed on grapes delivered to a winery or distillery for the manufacture of wine under the Wine Grapes Charges Act 1929-1969. This legislative instrument was created following a report by the Australian Wine Board to the Minister of State for Primary Industry, recommending lower rates for these charges. The Regulations were made by the Governor-General in accordance with the enabling provisions of the Act, which allows for the setting of lower rates upon the recommendation of the Australian Wine Board. The policy objective behind these amendments is to adjust the financial burden on grape growers and winemakers by reducing the specified charges, thereby supporting the industry's economic viability.
Scope and Application
The Wine Grapes Charges Regulations 1971 apply to all grapes delivered to a winery or distillery for use in the manufacture of wine. The regulations specifically address the imposition of charges on these grapes, setting different rates for fresh and dried grapes. The Act applies to all persons or entities delivering grapes for wine production within the Commonwealth of Australia, thereby covering the entire national territory. The regulations establish a lower rate of charge for fresh grapes at One dollar eighty cents per ton and for dried grapes at Five dollars forty cents per ton, which supersedes the rates previously set by the Wine Grapes Charges Act 1929-1969. These rates are effective as of the first day of February, 1971, as stipulated in the commencement section of the regulations. There are no stated exclusions, exemptions, or thresholds within the text provided. The regulations extend the application of the Act through the specified lower rates and the repeal of the previous rate regulation.
Key Provisions
The key operative sections of these regulations (sections 1 and 2) outline the amendment to the Wine Grapes Charges Regulations. Specifically, section 2 introduces a new regulation that sets the rate of charge imposed on grapes delivered to wineries or distilleries for wine production. As per the amendment, the new rates are One dollar eighty cents per ton for fresh grapes and Five dollars forty cents per ton for dried grapes. These rates replace the previously imposed rates, as detailed in section 3 of the Wine Grapes Charges Act 1929-1969. The regulations come into effect on the first day of February, 1971, as stated in section 1.1 of the Statutory Rules.
These regulations impose specific obligations on the parties involved. Wineries and distilleries must now comply with the new rates when delivering grapes for wine production, as outlined in section 4 of the Wine Grapes Charges Regulations. The Australian Wine Board has recommended these rates, which are lower than the previously imposed rates, and the Governor-General has enacted these regulations in accordance with section 5 of the Wine Grapes Charges Act 1929-1969. The compliance with these new rates is mandatory, and wineries and distilleries must adjust their billing and payment processes accordingly.
The regulations do not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance. However, failure to comply with the amended rates may result in legal repercussions under the Wine Grapes Charges Act 1929-1969. The original Act may outline penalties for non-compliance, which could include fines or other legal consequences. It is essential for wineries and distilleries to adhere to the new rates to avoid any potential legal issues.