STATUTORY RULES.
1952. No. 2.
REGULATION UNDER THE WINE GRAPES CHARGES ACT 1929-1941.*
WHEREAS by section five of the Wine Grapes Charges Act 1929-1941 it is enacted that the Governor-General may, after report to the Minister by the Australian Wine Board constituted under the Wine Overseas Marketing Act 1929-1945, make regulations for prescribing lower rates of the charge imposed on grapes intended for use in the manufacture of wine:
And whereas the Board has reported to the Minister that the rates of charge to be imposed on grapes intended for use in the manufacture of wine and delivered to a winery or distillery for use in the manufacture of wine should be the rates prescribed by the Wine Grapes Charges Regulations, as amended by the Regulation hereunder, being rates lower than the rates imposed by the Wine Grapes Charges Act 1929-1941:
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 1929-1941.
Dated this fourteenth day of January, 1952.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture.
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Regulation 4 of the Wine Grapes Charges Regulations is repealed and the following regulation inserted in its stead:—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 rate of the charge imposed and to be levied and paid by the owner of any winery or distillery under section 3 of the Act on grapes delivered to a winery or distillery for use in the manufacture of wine—
(a) in respect of fresh grapes, shall be Four shillings per ton; and
(b) in respect of dried grapes, shall be Twelve shillings per ton.”.
* Notified in the Commonwealth Gazette on , 1952.
† 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; and 1946, No. 88.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1831.—Price 3d. 9/13.12.1951.
Overview
The Wine Grapes Charges Regulation 1952 was made under the Wine Grapes Charges Act 1929-1941 by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The purpose of this regulation was to implement lower rates for the charge imposed on grapes intended for use in the manufacture of wine, as recommended by the Australian Wine Board. This was in response to the need to adjust the rates of charge to better support the wine industry in Australia, aiming to provide a more favourable economic environment for wineries and distilleries by reducing the financial burden on grape suppliers.
The regulation was enacted to address the issue of the previous charge rates being potentially prohibitive for the wine industry, thereby impacting the overall production and export of wine. The policy objective behind this legislative action was to ensure the sustainability and growth of the wine industry by making it more economically viable for producers to source grapes for wine production. This regulation followed reports and recommendations from the Australian Wine Board, which highlighted the necessity for a reduction in the rates to maintain competitiveness and support industry growth.
Scope and Application
This statutory rule pertains to the regulation of charges imposed on grapes intended for wine production, as per the Wine Grapes Charges Act 1929-1941. Specifically, it establishes the rates for these charges, which are to be levied by the owners of wineries or distilleries on grapes delivered for wine manufacture. The regulation applies to owners of wineries or distilleries who deliver grapes for wine production, effectively impacting the viticultural and wine production industry in Australia. The geographic reach of this legislation is national, as it is enacted under Commonwealth authority, thereby applying uniformly across all states and territories of Australia. While the regulation primarily targets the wine industry, it does not explicitly outline exclusions or exemptions, thus potentially applying to all relevant entities and transactions within the scope of the Act. The regulation itself can be further modified or extended through additional subordinate instruments as deemed necessary by the Australian Wine Board and the Minister, allowing for flexibility in response to changing economic or industry conditions.
Key Provisions
The key provisions of the Wine Grapes Charges Regulation 1952, as outlined in section 4, mandate the rates for the charge imposed on grapes used in the manufacture of wine. Specifically, the regulation specifies that the rate for fresh grapes is Four shillings per ton, while the rate for dried grapes is Twelve shillings per ton. These rates apply to grapes delivered to a winery or distillery for wine production. The regulation replaces previous rates and serves to adjust the charges imposed by the Wine Grapes Charges Act 1929-1941 to lower levels as recommended by the Australian Wine Board.
The regulation imposes obligations on the owners of wineries and distilleries to levy and pay the specified charges on grapes delivered for wine production. This includes ensuring that the correct charge is applied based on whether the grapes are fresh or dried. The regulation also mandates that these charges are to be levied and paid in accordance with the set rates, which are now specified as lower than previously imposed by the Act. The obligation extends to maintaining accurate records of the charges collected and the quantities of grapes processed, as this information may be necessary for compliance and auditing purposes.
Breach of the regulation could lead to various consequences, although the specific penalties are not detailed within the text of the regulation itself. Typically, failure to comply with such regulations could result in fines or other financial penalties under the Wine Grapes Charges Act 1929-1941. The maximum penalties for non-compliance would be determined by the relevant provisions of the Act and any associated legislation. Additionally, persistent non-compliance might attract more severe consequences, including legal action or further regulatory sanctions imposed by the relevant authorities.