Wine Grapes Charges Regulations

Legislation au C1929L00139 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1929. No. 139.

 

REGULATIONS UNDER THE WINE GRAPES CHARGES ACTS 1929.

WHEREAS by section five of the Wine Grapes Charges Acts 1929 it is enacted that the Governor-General may, after report to the Minister by the Wine Overseas Marketing Board constituted under the Wine Overseas Marketing Act 1929, make Regulations 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 rate of charge to be imposed on grapes intended for use in the manufacture of wine should be at a lower rate than is provided in the Wine Grapes Charges Acts 1929, namely—

(a) three shillings per ton in respect of fresh grapes; and

(b) nine shillings per ton in respect of dried grapes,

delivered to a winery or distillery for use in the manufacture of wine:

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 Acts 1929, to come into operation on and from the second day of January, One thousand nine hundred and thirty.

Dated this seventeenth day of December, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

PARKER MOLONEY

Minister of State for Markets and Transport.

 

Wine Grapes Charges Regulations.

Short title.

1. These Regulations may be cited as the Wine Grapes Charges Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“the Act” means the Wine Grapes Charges Acts 1929;

“the Minister” means the Minister for Markets and Transport.

Charge on grapes for wine making

3. The charge imposed and to be levied upon and paid by the owner of any winery or distillery under section three of the Act shall be—

(a) three shillings per ton in respect of fresh grapes; and

(b) nine shillings per ton in respect of dried grapes,

delivered to a winery or distillery for use in the manufacture of wine.


Declaration as to grapes delivered.

4. The owner of any winery or distillery shall, within thirty days from the close of the period in respect of which the statutory declaration is made, forward to the Secretary, Department of Markets and Transport, a statutory declaration, in accordance with Form A in the Schedule to these Regulations, setting out the quantity of fresh grapes and dried grapes delivered to that winery or distillery during the period commencing the second day of January, One thousand nine hundred and thirty, and ending the thirtieth day of June, One thousand nine hundred and thirty, and thereafter during every period of twelve months ending the thirtieth day of June, and stating the names and addresses of the growers by whom such grapes were delivered.

Payment of charge.

5. Any moneys payable under section three of the Act shall be paid to the Collector of Public Moneys, Department of Markets and Transport.

Failure to furnish declaration.

6. Any owner of any winery or distillery who fails to furnish the statutory declaration prescribed in regulation four of these Regulations shall be guilty of an offence.

Penalty: Fifty pounds.

 

Form A.

THE SCHEDULE. Regulation. 4.

Commonwealth of Australia.

Wine Grapes Charges Acts 1920.

RETURN OF GRAPES DELIVERED TO A WINERY OR DISTILLERY.

statutory declaration.

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

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

(c) Here insert full address.

I, the (a)............................................................................................................................................. of (b)……………………………………………………………….....................winery.*/distillery of (c)………………………………………………….................................................................... do solemnly and sincerely declare that Fresh Grapes and Dried Grapes† as set out hereunder were delivered to the said winery /distillery* for processing for use in the manufacture of wine during the period commencing (date)……………..................and ending (date)…………...............

Names and addresses of growers by whom grapes delivered to winery or distillery.

Tons.

(a) Fresh grapes†.........................................

 

 

 

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

 

(b) Dried grapes†.........................................

 

 

 

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

 

* Strike out if inapplicable.

† Under the provisions of section two of the Wine Grapes Charges Acts 1929—

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

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


(d) Signature of person making declaration.

(e) Signature of Magistrate, Justice of Peace, Commissioner for taking Affidavits, Commissioner for Declarations or Notary Public before whom the declaration is made.

(f) Here insert title of person before whom declaration is made.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.

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

Declared at.............................the...........................day of................................,19…..

Before me,

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

(f)..........................................

 

Notes.—1. Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

2. A grower for the purposes of this return includes the owner of any winery or distillery who grows grapes for use in the manufacture of wine in that winery or distillery.

3. Regulation six of the Wine Grapes Charges Regulations reads as follows:—

“6. Any owner of any winery or distillery who fails to furnish the statutory declaration prescribed in regulation four of these Regulations shall be guilty of an offence.

Penalty: Fifty pounds.”

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Wine Grapes Charges Regulations 1929 were enacted to provide a legislative framework for the imposition and collection of charges on grapes used in wine production, as per the Wine Grapes Charges Acts 1929. The problem this legislation addresses is the need to regulate and standardise the charges levied on wineries and distilleries for the grapes they process into wine, ensuring a fair and consistent system for all stakeholders involved. This was achieved by allowing the Governor-General, acting on advice from the Wine Overseas Marketing Board, to set the charge rates. The regulations were passed by the Parliament of Australia with the intent to provide a more streamlined and transparent process for the imposition and collection of these charges. The policy objective was to support the wine industry by providing a clear and regulated framework for the collection of fees on grapes used in wine production.

Scope and Application

The Wine Grapes Charges Regulations, made under the Wine Grapes Charges Acts 1929, apply to owners of wineries and distilleries within the Commonwealth of Australia. These regulations set out the rates of charge for grapes intended for use in the manufacture of wine, distinguishing between fresh and dried grapes, and require the owners of wineries and distilleries to submit statutory declarations detailing the quantities of grapes delivered to their facilities. Specifically, the charge is three shillings per ton for fresh grapes and nine shillings per ton for dried grapes. The regulation mandates that these declarations must be submitted to the Secretary, Department of Markets and Transport, within thirty days of the end of each six-month period. Failure to comply with this requirement is an offence, punishable by a fine of fifty pounds. The scope of these regulations is limited to the collection of charges on grapes delivered to wineries or distilleries for wine production, and does not extend to other activities or entities outside the wine industry.

Key Provisions

The Wine Grapes Charges Regulations, made under the Wine Grapes Charges Acts 1929, establish the rates for charges imposed on grapes used in the production of wine. According to Regulation 3, the charge is set at three shillings per ton for fresh grapes and nine shillings per ton for dried grapes, which must be delivered to a winery or distillery for wine manufacturing purposes. Regulation 4 requires the owners of wineries or distilleries to submit a statutory declaration to the Secretary of the Department of Markets and Transport within 30 days after the end of each 12-month period. This declaration must detail the quantities of fresh and dried grapes delivered, along with the names and addresses of the growers. Regulation 5 specifies that any monies owed under the Act must be paid to the Collector of Public Moneys at the Department of Markets and Transport. Failure to provide the required statutory declaration within the stipulated timeframe, as outlined in Regulation 6, constitutes an offence and incurs a penalty of fifty pounds. The Wine Grapes Charges Regulations impose several obligations on the parties involved. Owners of wineries or distilleries are required to submit detailed statutory declarations to the Department of Markets and Transport, as mandated by Regulation 4. These declarations must include precise information about the quantities of fresh and dried grapes delivered to their facilities, along with the names and addresses of the grape growers. Additionally, Regulation 5 necessitates that any charges levied under the Act be paid to the Collector of Public Moneys at the Department of Markets and Transport. Failure to comply with these requirements, particularly the obligation to furnish the statutory declaration, subjects the winery or distillery owner to potential penalties. The Wine Grapes Charges Regulations include specific provisions for breaches and associated penalties. Regulation 6 explicitly states that any owner of a winery or distillery who fails to submit the statutory declaration as required under Regulation 4 is guilty of an offence. The penalty for this offence is fifty pounds. Additionally, any person who wilfully makes a false statement in a statutory declaration is liable to imprisonment for up to four years, as noted in the Statutory Declarations Act 1911. These provisions underscore the importance of accurate and timely compliance with the regulatory requirements set forth in the Wine Grapes Charges Regulations.

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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.