STATUTORY RULES
1972 No.
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 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 Two dollars ten cents per ton in respect of fresh grapes and Six dollars thirty cents per ton in respect of dried grapes being raies 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 Regulation under the Wine Grapes Charges Act 1929-1969.
Dated this ninth day of February, 1972.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
Minister of State for Primary Industry.
Amendment of the Wine Grapes Charges Regulations†
Rate of charge.
Regulation 4 of the Wine Grapes Charges Regulations is repealed and the following regulation inserted in its stead:—
“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 respect of fresh grapes—Two dollars ten cents per ton; and
(b) in respect of dried grapes—Six dollars thirty cents per ton.”.
op
* Notified in the Commonwealth Gazette on 1972.
† 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. 3; 1963, No. 6; 1967, No, 6; 1969, No. 99, and 1971, No. 14.
Printed by Authority by the Government Printer of the Commonwealth of Australia
10458/72—Price 5c 9/19.1.1972
Overview
The Wine Grapes Charges Act 1929-1969 was enacted to impose a charge on all grapes delivered to wineries or distilleries for the manufacture of wine. This legislation was introduced to address the need for a regulated pricing structure for grapes used in wine production, ensuring a stable and predictable revenue stream for the industry. The Act empowers the Governor-General to make regulations prescribing the rates of this charge, subject to recommendations from the Australian Wine Board. The policy objective behind this Act is to support the wine industry by providing a clear and structured financial framework for grape charges. The Wine Grapes Charges Regulations, made under the authority of this Act, establish specific rates for fresh and dried grapes, which were later amended to reflect changes recommended by the Australian Wine Board. These amendments aim to balance the interests of grape growers and winemakers while maintaining a fair market environment.
Scope and Application
The Wine Grapes Charges Act 1929-1969 imposes a charge on all grapes delivered to a winery or distillery for the manufacture of wine, which is levied and paid in accordance with the prescribed rates. This Act applies to any individual or entity involved in the delivery of grapes to wineries or distilleries for wine production. The geographic reach of this Act is national, as it pertains to the entire Commonwealth of Australia. The Act includes a provision that allows the Governor-General to make regulations for prescribing lower rates of the charge, subject to a report from the Australian Wine Board. The rates of the charge are detailed in the Wine Grapes Charges Regulations, which were amended in 1972 to set the charge at Two dollars ten cents per ton for fresh grapes and Six dollars thirty cents per ton for dried grapes. These regulations extend the application of the Act by specifying the exact rates and are thus integral to its enforcement and compliance.
Key Provisions
This Statutory Rule, issued under the Wine Grapes Charges Act 1929-1969, amends the rates of the charge imposed on grapes delivered to wineries and distilleries for wine production. The principal change is set out in Regulation 4 (1972), which replaces the previous charge rates with new rates: Two dollars ten cents per ton for fresh grapes and Six dollars thirty cents per ton for dried grapes. These new rates are lower than the previous rates stipulated in the Wine Grapes Charges Act. This regulation is effective from the date of its notification in the Commonwealth Gazette, 9 February 1972.
The Act imposes specific obligations on the parties involved, primarily wineries and distilleries. These entities are required to pay the charge on all grapes delivered to them for wine production. The obligation extends to ensuring that the correct rate, as prescribed by the regulation, is levied and paid for each type of grape delivered. This requirement is crucial for compliance with the Wine Grapes Charges Act and the subsequent regulations.
In terms of penalties and consequences, the regulation itself does not explicitly detail the penalties for non-compliance. However, the broader Wine Grapes Charges Act likely includes provisions for penalties and enforcement measures. Typically, failure to comply with such statutory obligations could result in fines or other legal consequences. The exact penalties would depend on the specifics of the Act and any relevant enforcement guidelines or subsequent legislation. It is essential for wineries and distilleries to adhere to these requirements to avoid any legal repercussions.