STATUTORY RULES
1969 No. 99
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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 report to the Minister by the Australian Wine Board constituted by 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 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 fifty cents per ton in respect of fresh grapes and Four dollars fifty 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 Regulation under the Wine Grapes Charges Act 1929-1969.
Dated this first day of July, 1969.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
J. D. ANTHONY
Minister of State for Primary Industry.
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Amendment of the Wine Grapes Charges RECULATION †
After regulation 3 of the Wine Grapes Charges Regulations the following regulation is inserted:—
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 fifty cents per ton; and
(b) in respect of dried grapes—Four dollars fifty cents per ton.”.
* Notified in the Commonwealth Gazette on 1 July 1969.
† 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; and 1967, No. 6.
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Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
14669/69—Price 5c
Overview
The Wine Grapes Charges Regulation 1969 (C1969L00099) was enacted to amend the rates of the charge imposed on grapes delivered to wineries or distilleries for wine production under the Wine Grapes Charges Act 1929-1969. This legislation was introduced to address the need for updated rates as recommended by the Australian Wine Board, reflecting changes in market conditions and operational costs within the wine industry. Enacted by the Governor-General in Council, the regulation responds to the Board's report and reduces the charge for fresh grapes to One dollar fifty cents per ton and for dried grapes to Four dollars fifty cents per ton, aiming to better align with contemporary economic realities while supporting the industry's growth and competitiveness.
Scope and Application
The Wine Grapes Charges Regulations 1969, made under the Wine Grapes Charges Act 1929-1969, apply to all entities delivering grapes to a winery or distillery for use in wine manufacture. This encompasses both fresh and dried grapes, imposing a specific charge on their delivery. The regulation sets the charge at One dollar fifty cents per ton for fresh grapes and Four dollars fifty cents per ton for dried grapes, as determined by the Australian Wine Board and approved by the Governor-General. These rates are lower than those initially stipulated by the Act, reflecting recommendations aimed at adjusting the financial burden on the wine industry. The regulations have a Commonwealth reach, applying nationally across Australia. The scope of the Act is extended and refined through these subordinate regulations, ensuring the imposition of charges is accurately reflected and adhered to by the industry.
Key Provisions
The main operative sections of the Wine Grapes Charges Regulations 1969 are sections 3 and 4, which detail the rates of the charge imposed on grapes delivered to a winery or distillery for use in the manufacture of wine. Section 3 confirms the imposition of the charge as per the Wine Grapes Charges Act 1929-1969, while section 4 specifically prescribes the new rates for fresh and dried grapes. According to section 4(a), the charge on fresh grapes is set at One dollar fifty cents per ton, and for dried grapes, it is Four dollars fifty cents per ton as per section 4(b). These rates are lower than those initially imposed by the Act, reflecting a decision made following a report by the Australian Wine Board.
The Act and its subsequent regulations impose certain obligations on the parties involved. Wineries and distilleries that receive grapes for wine production must ensure that the appropriate charge is levied and paid for each ton of grapes delivered. This obligation is outlined in section 3 of the Act, which is subject to the rates prescribed in the regulations. Growers delivering grapes must be aware of the current rates and ensure that the charge is correctly accounted for in any transaction with the winery or distillery. The Australian Wine Board also plays a role in reporting to the Minister, which subsequently influences the rates prescribed by the Governor-General.
Breach of the obligations imposed by the Wine Grapes Charges Act 1929-1969 and its regulations can lead to civil and criminal consequences. While the specific penalties are not detailed in the provided text, it is common for such breaches to result in fines or other financial penalties under Australian law. Failure to comply with the charge requirements could also lead to legal action, potentially resulting in court orders or further penalties. It is essential for all parties involved to adhere to the prescribed rates and obligations to avoid any legal repercussions.