Wine Grapes Levy Amendment Act 1986

Legislation au C2004A03302 Not in force Act

Legislation content

Wine Grapes Levy Amendment Act 1986

No. 61 of 1986

 

 

 

 

 

 

An Act to amend the Wine Grapes Levy Act 1979

[Assented to 24 June 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Wine Grapes Levy Amendment Act 1986.

(2) The Wine Grapes Levy Act 19791 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1 and 2, sub-section 3 (1) and section 5 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Sub-sections 3 (2) and 7 (1) and (3) shall come into operation, or shall be deemed to have come into operation, as the case requires, on the commencement of section 5 of the Australian Wine and Brandy Corporation Amendment Act 1986.

(3) Sections 4 and 6 shall come into operation on 1 July 1986.

(4) Sub-section 7 (2) shall come into operation on 30 September 1987.


Interpretation

3. (1) Section 4 of the Principal Act is amended by inserting after the definition of “prescribed goods” in sub-section (1) the following definition:

“‘proprietor’, in relation to a winery, means the person who carries on the manufacture of wine at that winery;”.

(2) Section 4 of the Principal Act is amended by inserting after the definition of “Corporation” in sub-section (1) the following definitions:

“ ‘Corporation Act’ means the Australian Wine and Brandy Corporation Act 1980;

‘declared winemakers organisation’ has the same meaning as in the Corporation Act;”.

4. Section 6 of the Principal Act is repealed and the following sections are substituted:

Rate of levy

“6. (1) The levy imposed on prescribed goods by this Act is—

(a) in the case of fresh grapes, the sum of—

(i) subject to section 6a, an amount of levy at the rate of the marketing amount per tonne of the grapes; and

(ii) an amount of levy at the rate of the research amount per tonne of the grapes; and

(b) in any other case, the sum of—

(i) subject to section 6a, an amount of levy at the rate of the marketing amount per tonne of the fresh grape equivalent of the prescribed goods; and

(ii) an amount of levy at the rate of the research amount per tonne of the fresh grape equivalent of the prescribed goods.

“(2) In sub-section (1)—

‘marketing amount’ means such amount, not exceeding $5, as is prescribed;

‘research amount’ means such amount, not exceeding $2, as is prescribed.

Maximum amount of marketing component of levy

“6a. The amount of levy payable by a person in respect of prescribed goods used at a winery or wineries in Australia in a year in the manufacture of wine that is an amount of levy referred to in sub-paragraph 6 (1) (a) (i) or 6 (1) (b) (i) shall not exceed such amount, not exceeding $20,000, as is prescribed.”.

5. Section 7 of the Principal Act is repealed and the following section is substituted:

By whom levy payable

“7. Levy in respect of any prescribed goods used at a winery during a year in the manufacture of wine is payable by—

(a) where the manufacture of wine is carried on at the winery immediately before the expiration of that year—the person who is,

immediately before the expiration of that year, the proprietor of the winery; or

(b) in any other case—the last person who was a proprietor of the winery in that year.”.

Exemptions from levy

6. Section 8 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) Levy is not payable in respect of prescribed goods that, during a year, are used in the manufacture of wine at a winery at which, during that year, the quantity (if any) of fresh grapes, together with the fresh grape equivalent of the quantity (if any) of prescribed goods other than fresh grapes, used in the manufacture of wine amounts to less than 20 tonnes.”.

Regulations

7. (1) Section 9 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) Subject to sub-section (3), the Corporation may make recommendations to the Minister in relation to regulations to be made for the purposes of the definition of ‘marketing amount’ in sub-section 6 (2) or for the purposes of section 6a.

“(3) The Corporation shall not make a recommendation under sub-section (2) unless—

(a) the Corporation has given declared winemakers organisations an opportunity to consult with the Corporation regarding the recommendation; and

(b) the recommendation of the Corporation is accompanied by particulars in writing of the views on the recommendation expressed by declared winemakers organisations during those consultations.

“(4) The power of the Governor-General to make regulations for the purposes of the definition of ‘marketing amount’ in sub-section 6 (2) or for the purposes of section 6a shall be exercised only on advice of the Executive Council, being advice that has taken into consideration—

(a) any relevant recommendation made by the Corporation under sub-section (2); and

(b) any relevant particulars given to the Minister in accordance with paragraph (3) (b).

“(5) A declared winemakers organisation may make recommendations to the Minister with respect to regulations to be made for the purposes of the definition of ‘research amount’ in sub-section 6 (2).

“(6) The power of the Governor-General to make regulations for the purposes of the definition of ‘research amount’ in sub-section 6 (2) shall be exercised only on advice of the Executive Council, being advice that has taken into consideration any relevant recommendation made by a declared winemakers organisation under sub-section (5).”.

(2) Section 9 of the Principal Act is amended—

(a) by omitting sub-section (3) and substituting the following sub-section:

“(3) The Corporation shall not make a recommendation under sub-section (2) unless a motion to endorse the recommendation has been considered at an annual general meeting within the meaning of the Corporation Act.”; and

(b) by omitting paragraph (4) (b) and substituting the following paragraph:

“(b) any relevant matters of which the Minister has been notified under section 29za of the Corporation Act.”.

(3) After the commencement of sub-section (1) and before 1 July 1986, the Principal Act as amended by that sub-section has effect as if “of this Act as proposed to be amended by section 4 of the Wine Grapes Levy Amendment Act 1986” were inserted—

(a) after “sub-section 6 (2)” in sub-sections 9 (2), (4), (5) and (6); and

(b) after “section 6a” in sub-sections 9 (2) and (4).

 

NOTE

1. No. 65, 1979, as amended. For previous amendments see No. 162, 1980.

[Minister’s second reading speech made in—

House of Representatives on 19 March 1986

Senate on 29 April 1986]

Overview

The Wine Grapes Levy Amendment Act 1986 was enacted by the Commonwealth Parliament to amend the Wine Grapes Levy Act 1979. The purpose of this legislation was to address issues and gaps in the original Act by adjusting the levy rates, clarifying the definitions, and improving the process for determining these rates. The Act introduced changes to the definitions of certain terms, adjusted the rates of the levy imposed on prescribed goods, and modified the process for making recommendations and regulations regarding these rates. The policy objective was to provide a more equitable and effective levy system for the wine grape industry. The Wine Grapes Levy Amendment Act 1986 made several key amendments to the Wine Grapes Levy Act 1979, including the introduction of new definitions for "proprietor" and "declared winemakers organisation," the adjustment of the levy rates, and the establishment of a process for making recommendations and regulations. The Act also clarified who is responsible for paying the levy and introduced exemptions for small wineries. These changes aimed to provide a more streamlined and fair system for levying on the wine grape industry, ensuring that the process was both transparent and effective.

Scope and Application

The Wine Grapes Levy Amendment Act 1986 amends the Wine Grapes Levy Act 1979, introducing changes to the levy on wine grapes used in the manufacture of wine. This Act applies to proprietors of wineries in Australia who use prescribed goods, which include fresh grapes and other goods with fresh grape equivalent, in the manufacture of wine. The Act imposes a levy on these goods, calculated at a specified rate per tonne, with different rates for marketing and research purposes. The maximum amount of the marketing component of the levy is set at $20,000 per year for a winery. Notably, small wineries producing less than 20 tonnes of fresh grapes or their equivalent in a year are exempt from the levy. The Act allows for the Australian Wine and Brandy Corporation to make recommendations to the Minister regarding regulations for the levy, which must be considered by the Corporation after consulting with declared winemakers organisations. The Governor-General's power to make regulations is contingent upon advice from the Executive Council, which must consider these recommendations and any views expressed by declared winemakers organisations.

Key Provisions

The Wine Grapes Levy Amendment Act 1986 makes several significant amendments to the Wine Grapes Levy Act 1979. The Act introduces new definitions and modifies existing provisions to better regulate the wine industry in Australia. For instance, section 3 amends the definition of “proprietor” to refer to the person who carries on the manufacture of wine at a winery. Additionally, the Act introduces definitions for “Corporation Act” and “declared winemakers organisation” in section 3. The rate of the levy on prescribed goods is also updated in section 6, specifying the marketing and research amounts per tonne of fresh grapes or their equivalent. The maximum amount of the marketing component of the levy is capped at $20,000 per year in section 6a. The obligations imposed by the Act primarily concern the payment of the levy. According to section 7, the levy is payable by the proprietor of the winery if the manufacture of wine is carried on at the winery immediately before the expiration of the year, or by the last proprietor of the winery if the manufacture has ceased. Exemptions from the levy are also outlined, with section 6 stating that no levy is payable for prescribed goods used at a winery if the total quantity of fresh grapes and the fresh grape equivalent of other prescribed goods used in the manufacture of wine is less than 20 tonnes in a year. The Act outlines specific penalties and consequences for non-compliance. The Principal Act, as amended, imposes fines and penalties for breaches, although the exact penalties are not detailed in the provided text. Given the context of Australian legislative practices, non-compliance with the provisions of the Wine Grapes Levy Act 1979 could result in civil or criminal penalties, which may include fines or imprisonment, depending on the severity of the breach. The specific maximum penalties would be found in the relevant sections of the Principal Act or other applicable legislation.

Legal classification tags

Area of Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Offence Provisions
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.