Wine Grapes Charges Regulations (Amendment)

Legislation au C1941L00101 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 101.

––––––

REGULATIONS UNDER THE WINE GRAPES CHARGES ACT 1929-1941.*

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 1929-1941.

Dated this ninth day of May, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce.

———

Amendments of the Wine Grapes Charges Regulations.

1. Regulation 5 of the Wine Grapes Charges Regulations is repealed and the following regulation inserted in its stead:—

Return of grapes delivered.

“5. The owner of any winery or distillery shall, within thirty days after the thirtieth day of June, 1941, furnish to the Secretary, Department of Commerce, Canberra, a declaration in accordance with Form B in the Schedule to these Regulations and witnessed by one of the persons referred to in that Form, and shall, within thirty days after the thirtieth day of June in each subsequent year, furnish to the Secretary, Department of Commerce, Canberra, a declaration in accordance with Form A in the Schedule to these Regulations and witnessed by one of the persons referred to in that Form”.

Certificate in respect of charges imposed under s. 3 of Act.

2. Regulation 10 of the Wine Grapes Charges Regulations is amended by omitting from paragraphs (b) and (c) the words “a year” (wherever occurring) and inserting in their stead the words “any period”.

*Notified in the Commonwealth Gazette on       , 1941.

†Statutory Rules 1938, No. 26, as amended by Statutory Rules 1939, Nos. 11 and 54.


Schedule.

3. The Schedule to the Wine Grapes Charges Regulations is repealed and the following Schedule inserted in its stead:—

“THE SCHEDULE.

Form a. Reg. 5.

Commonwealth of Australia.

Wine Grapes Charges Regulations.

DECLARATION AS TO GRAPES DELIVERED TO A WINERY OR DISTILLERY.

Note.—Under the Wine Grapes Charges Regulations, the owner of any winery or distillery must, within thirty days after the thirtieth day of June in each year, furnish to the Secretary, Department of Commerce, Canberra, a declaration in accordance with this Form setting out the quantity of fresh grapes and dried grapes delivered to that winery or distillery for use in the manufacture of wine, brandy, or concentrated grape juice, or in the making of spirit for the purpose of fortifying wine, during the period of twelve months ending on that date and stating the names and addresses of the growers by whom those grapes were delivered.

The declaration must include grapes grown by the owner of the winery or distillery and delivered thereto for the purpose mentioned above.

Failure to furnish the declaration by the due date, or making any false or misleading statement in a declaration, is an offence punishable by a fine not exceeding £50.

(a) State name in full.

(b) Here insert whether owner, part-owner, Managing Director, Chairman of Directors, Manager, Secretary, or other person appointed by the owner to furnish this return.

(c) Here insert name by which winery or distillery is known, including name of company, if any.

(d) Here insert full address.

(e) Strike out whichever is inapplicable.

I, (a)...................................................................

the (b)....................................................................

of (c)...............................................................winery (e)

................................................................distillery (e)

of (d)............................................................

hereby declare that the Fresh Grapes* and Dried Grapes* as set out hereunder were delivered to the said winery (e)/distillery (e) for use in manufacture of wine, brandy or concentrated grape juice, or in the making of spirit for the purpose of fortifying wine during the period commencing on 1st July, 19….., and ending on 30th June, 19.....

Names and addresses of growers by whom grapes were delivered to winery or distillery, including grapes delivered by the owner of the winery or distillery.

Tons.

(a) Fresh Grapes*—

 

......................................................

......................................................

.........

.........

......................................................

......................................................

.........

.........

 

 

Total.............................

 

*Under the provisions of section 2 of the Wine Grapes Charges Act 1929-1941—

“dried grapes” means grapes containing less than 60 per centum of moisture; and

“fresh grapes” means grapes containing not less than 60 per centum of moisture.


Names and addresses of growers by whom grapes were delivered to winery or distillery, including grapes delivered by the owner of the winery or distillery.

Tons.

(b) Dried Grapes*—

 

......................................................

.........

......................................................

.........

 

 

Total.............................

 

Dated at...........................................................the.....................................................day

of.............................. ,19.....

..................................

(Signature of person making Declaration.)

..................................

(Signature of Witness.) †

..................................

(Designation of Witness.)

..................................

(Address of Witness.)

 

*Under the provisions of section 2 of the Wine Grapes Charges Act 1929-1941—

“dried grapes” means grapes containing less than 60 per centum of moisture; and

“fresh grapes” means grapes containing not less than 60 per centum of moisture.

The witness must be a Commissioner for Declarations, Justice of the Peace, Bank Manager, Postmaster (or Officer-in-Charge of Post Office), Stationmaster or Constable or Officer of Police.

 

Form B. Reg. 5.

Commonwealth of Australia.

Wine Grapes Charges Regulations.

DECLARATION AS TO GRAPES DELIVERED TO A WINERY OR DISTILLERY.

(a) State name in full.

(b) Here insert whether owner, part-owner, Managing Director, Chairman of Directors, Manager, Secretary, or other person appointed by the owner to furnish this return.

(c) Here insert name by which winery or distillery is known, including name of company, if any.

(d) Here insert full address.

(e) Strike out whichever is inapplicable.

Note.—Under the Wine Grapes Changes Regulations, the owner of any winery or distillery must, within thirty days after the thirtieth day of June, 1941, furnish to the Secretary, Department of Commerce, Canberra, a declaration in accordance with this Form setting out the quantity of fresh grapes and dried grapes delivered to that winery or distillery for use in the manufacture of wine, brandy or concentrated grape juice, or in the making of spirit for the purpose of fortifying wine, during the periods specified in this Form and stating the names and addresses of the growers by whom those grapes were delivered.

The declaration must include grapes grown by the owner of the winery or distillery and delivered thereto for the purpose mentioned above.

Failure to furnish the declaration by the due date, or making any false or misleading statement in a declaration, is an offence punishable by a fine not exceeding £50.

I, (a)...................................................................

the (b)....................................................................

of (c)...............................................................winery (e)

.................................................................distillery (e)

of (d)……………………………………………………………………………………………………..

hereby declare that the Fresh Grapes* and Dried Grapes* as set out hereunder were delivered to the said winery (e)/distillery (e) for use in the manufacture of wine, brandy or concentrated grape juice, or in the making of spirit for the purpose of fortifying wine during the periods specified hereunder.

*Under the provisions of section 2 of the Wine Grapes Charges Act 1929-1941—

“dried grapes” means grapes containing less than 60 per centum of moisture; and

“fresh grapes” means grapes containing not less than 60 per centum of moisture.


Names and addresses of growers by whom grapes were delivered to winery or distillery, including grapes delivered by the owner of the winery or distillery.

Tons.

(a) Fresh Grapes*—

 

(i) Delivered during the period commencing on 1st July, 1940, and ending on 30th June, 1941, for use in the manufacture of wine or in the making of spirit for the purpose of fortifying wine—

 

......................................................

......................................................

.........

.........

(ii) Delivered during the period commencing on 7th April, 1941, and ending on 30th June, 1941, for use in the manufacture of brandy or concentrated grape juice—

 

......................................................

......................................................

.........

.........

 

 

Total.............................

 

 

Names and addresses of growers by whom grapes were delivered to winery or distillery, including grapes delivered by the owner of the winery or distillery.

Tons.

(b) Dried Grapes*—

(i) Delivered during the period commencing on 1st July, 1940, and ending on 30th June, 1941, for use in the manufacture of wine or in the making of spirit for the purpose of fortifying wine—

 

......................................................

......................................................

.........

.........

 

 

(ii) Delivered during the period commencing on 7th April, 1941, and ending on 30th June, 1941, for use in the manufacture of brandy or concentrated grape juice—

 

......................................................

......................................................

.........

.........

Total.............................

 

Dated at...........................................................the.....................................................day

of.............................., 19.....

..................................

(Signature of person making Declaration.)

..................................

(Signature of Witness.) †

..................................

(Designation of Witness.)

..................................

(Address of Witness.)

* Under the provisions of section 2 of the Wine Grapes Charges Act 1929-1941—

“dried grapes” means grapes containing less than 60 per centum of moisture; and

“fresh grapes” means grapes containing not less than 60 per centum of moisture,

† The witness must be a Commissioner for Declarations, Justice of the Peace, Bank Manager, Postmaster (or Officer-in-Charge of Post Office), Stationmaster or Constable or Officer of Police”.

 

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Wine Grapes Charges Regulations 1941 were enacted to amend the existing Wine Grapes Charges Regulations under the Wine Grapes Charges Act 1929-1941. These regulations were introduced by the Commonwealth of Australia to address the need for accurate reporting and monitoring of the quantities of grapes delivered to wineries and distilleries for the production of wine, brandy, concentrated grape juice, and fortified spirits. The regulations require winery and distillery owners to submit annual declarations detailing the amount of grapes received, including both fresh and dried varieties, along with the names and addresses of the growers. Failure to comply with these reporting requirements or providing false information is subject to penalties, including fines of up to £50. The enactment of these regulations aims to ensure transparency and accountability in the wine and grape industry, facilitating better oversight and management of grape supplies.

Scope and Application

The Wine Grapes Charges Regulations 1941, made under the Wine Grapes Charges Act 1929-1941, apply specifically to the owners of wineries and distilleries within the Commonwealth of Australia. These regulations mandate that winery and distillery owners must submit annual declarations detailing the quantities of fresh and dried grapes delivered to their facilities for various purposes, including the production of wine, brandy, concentrated grape juice, and spirits intended for fortifying wine. The declarations must be completed according to specified forms and witnessed by an authorised individual, and must be submitted within a stipulated timeframe to the Secretary of the Department of Commerce in Canberra. Failure to comply with these requirements or providing false information incurs penalties, including fines up to £50. The regulations cover the entire Commonwealth, ensuring uniformity in reporting practices across all states and territories. The Act itself does not specify any exclusions or thresholds, but the detailed reporting requirements may be subject to interpretation or clarification through subordinate instruments, which could potentially extend or restrict the application of these regulations.

Key Provisions

The Wine Grapes Charges Regulations 1941 outline specific obligations for winery and distillery owners concerning the reporting of grape deliveries. Regulation 5 requires winery and distillery owners to submit a declaration to the Secretary of the Department of Commerce within 30 days after 30 June each year. The initial declaration, as per Regulation 5, must be submitted by 30 July 1941 and must include details of grapes delivered during the previous financial year. This declaration should be made on Form B and witnessed by an authorised person. Subsequent annual declarations, required from 1 July each year, must be made on Form A and also witnessed by an authorised person. These declarations must detail the quantity of fresh and dried grapes delivered, including those grown by the winery or distillery owner, for the preceding 12 months. Regulation 10 has been amended to allow for charges to be imposed for any period, not just a year, thereby providing flexibility in charge imposition. These regulations impose clear obligations on winery and distillery owners to provide accurate and timely declarations of grape deliveries. Failure to submit the required declaration by the specified deadline or providing false or misleading information constitutes an offence under the Wine Grapes Charges Act 1929-1941. The penalties for such offences include a fine not exceeding £50, ensuring compliance with the regulatory requirements. Failure to comply with the Wine Grapes Charges Regulations 1941 can result in significant legal consequences. According to the provisions of the Wine Grapes Charges Act 1929-1941, any winery or distillery owner who fails to submit the required declaration by the due date, or who makes a false or misleading statement in a declaration, is subject to a fine not exceeding £50. This penalty serves as a deterrent to non-compliance and ensures that all relevant parties adhere to the stipulated reporting requirements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.