Wine Grapes Levy Collection Regulations

Legislation au C2004L06364 Regulations Not in force Legislative Instrument

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1979 No. 212

REGULATIONS UNDER THE WINE GRAPES LEVY COLLECTION ACT 19791

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wine Grapes Levy Collection Act 1979.

Dated this tenth day of October 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

PETER NIXON

Minister of State for Primary Industry

–––––––––––

WINE GRAPES LEVY COLLECTION REGULATIONS

Citation

1. These Regulations may be cited as the Wine Grapes Levy Collection Regulations.

Interpretation

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

"authorized agent" means a person appointed by the proprietor of a winery under regulation 5 to be his authorized agent;

"the Act" means the Wine Grapes Levy Collection Act 1979.

Manner of payment of levy, &c.

3. The payment of levy imposed on prescribed goods during a year and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys, Department of Primary Industry, at Canberra.

Returns

4. (1) Subject to this regulation, the proprietor of a winery shall, on or before the first day on which, under the Act, levy imposed on prescribed goods during a year becomes payable, furnish to the Secretary to the Department of Primary Industry at Canberra a return signed in accordance with sub-regulation (3) containing, in relation to prescribed goods used at the winery during that year in the manufacture of wine, the particulars specified in sub-regulation (2).


(2) The particulars referred to in sub-regulation (1) are the following particulars:

(a) the full name and address of the winery;

(b) the full name and address of the proprietor of the winery;

(c) the year to which the return relates;

(d) the number of tonnes of fresh grapes used at the winery during the year in the manufacture of wine;

(e) the number of tonnes of dried grapes used at the winery during the year in the manufacture of wine;

(f) the number of litres of single-strength grape juice used at the winery during the year in the manufacture of wine;

(g) the strengths of concentrated grape juice used at the winery during the year in the manufacture of wine and the number of litres of each strength;

(h) the number of tonnes that is the fresh grape equivalent of the dried grapes referred to in paragraph (e);

(i) the number of tonnes that is the fresh grape equivalent of the single-strength grape juice referred to in paragraph (f);

(j) the number of tonnes that is the fresh grape equivalent of the concentrated grape juice used at the winery during the year in the manufacture of wine;

(k) the amount of levy payable—

(i) in the case of fresh grapes;

(ii) in the case of dried grapes; and

(iii) in the case of grape juice;

(l) the total amount of levy payable.

(3) A return furnished by the proprietor of a winery in accordance with sub-regulation (1) shall be signed—

(a) by the proprietor or his authorized agent; or

(b) where the proprietor is a company—by a director or the secretary of the company or by the authorized agent of the company.

(4) The proprietor of a winery is not required, under sub-regulation (1), to furnish a return that relates to the year that commenced on 1 July 1978.

Authorized agent

5. (1) The proprietor of a winery may appoint a person to be his authorized agent for the purpose of signing the return referred to in regulation 4.

(2) The instrument of appointment of an authorized agent by the proprietor of a winery—

(a) shall be in accordance with the Form in the Schedule; and


(b) shall be lodged with the Secretary to the Department of Primary Industry at Canberra.

Records to be kept

6. (1) The proprietor of a winery shall at all times keep records of prescribed goods used at the winery in the manufacture of wine showing—

(a) in the case of fresh grapes—the number of tonnes of the grapes used;

(b) in the case of dried grapes—the number of tonnes of the grapes used; and

(c) in the case of grape juice—the strengths of the grape juice used and the number of litres of each strength.

(2) The proprietor of a winery shall retain the records referred to in sub-regulation (1) until the expiration of 5 years from the date of the use of the prescribed goods at the winery in the manufacture of wine.

Penalty: $500.

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SCHEDULE Regulation 5

COMMONWEALTH OF AUSTRALIA

Wine Grapes Levy Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of Primary Industry

I,

(full name and address of proprietor of winery)

hereby appoint

(full name, address and occupation of authorized agent),

a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf a return prepared for the purposes of sub-regulation 4 (1) of the Wine Grapes Levy Collection Regulations.

Dated this day of 19 .

...........................

(Signature of proprietor of winery or, where the proprietor is a company, signature of a director or the secretary of the company and his designation)

Dated this day of 19 .

...........................

(Signature of authorized agent)

 

NOTE

1. Notified in the Commonwealth of Australia Gazette on 17 October 1979.

Overview

The Wine Grapes Levy Collection Regulations were made under the authority of the Wine Grapes Levy Collection Act 1979, enacted by the Parliament of Australia, to establish a systematic framework for the collection of a levy on wine grapes and related products. The primary aim of these regulations is to ensure that the levy imposed on prescribed goods during a year is accurately collected and managed. This was necessary to support the wine industry and related sectors, ensuring that the levy is properly accounted for and utilised for its intended purposes. The regulations mandate that payments of the levy, along with any other monies payable to the Commonwealth under the Act, must be directed to the Collector of Public Moneys, Department of Primary Industry, in Canberra. Furthermore, they require winery proprietors to submit detailed returns to the Secretary of the Department of Primary Industry, specifying the quantities and types of prescribed goods used in wine production, and to maintain records of these goods for a period of five years.

Scope and Application

The Wine Grapes Levy Collection Regulations, established under the Wine Grapes Levy Collection Act 1979, primarily apply to the proprietors of wineries within the Commonwealth of Australia. These regulations mandate that proprietors of wineries must submit detailed returns regarding the use of prescribed goods, including fresh and dried grapes and grape juice, for the manufacture of wine. The returns must be furnished to the Secretary to the Department of Primary Industry in Canberra and should include specific particulars such as the winery's name, address, the amount of each type of grape product used, and the corresponding levy amounts. The regulations also allow proprietors to appoint authorized agents to sign these returns on their behalf, provided the appointment is documented and lodged with the Department. Additionally, winery proprietors are required to maintain records of the prescribed goods used in wine production for a period of five years. Failure to comply with these requirements may result in a penalty of up to $500. The scope of these regulations is national, covering all wineries within Australia, and they extend the application of the Act through detailed procedural mandates and record-keeping requirements.

Key Provisions

The Wine Grapes Levy Collection Regulations (C2004L06364) provide several key operational sections that dictate the process for collecting and reporting levies on wine grapes. Under Regulation 3, the levy, along with any other monies owed to the Commonwealth under the Wine Grapes Levy Collection Act 1979, must be paid to the Collector of Public Moneys at the Department of Primary Industry in Canberra. Regulation 4 outlines the requirements for the winery proprietor to furnish a return to the Secretary of the Department of Primary Industry, detailing the specifics of the prescribed goods used during the year. This return must include details such as the winery's name, proprietor's name, the year of use, the quantities of grapes and grape juice used, their strengths, and the total levy payable. Regulation 5 permits the winery proprietor to appoint an authorized agent to sign the return on their behalf, provided the appointment is in the prescribed form and lodged with the Secretary. Lastly, Regulation 6 mandates that the winery proprietor maintain records of the prescribed goods used in wine production for five years post-use. These regulations impose specific obligations on the proprietors of wineries. According to Regulation 4, winery proprietors must submit detailed returns on the prescribed goods used in their wine production to the Department of Primary Industry. This includes not only the quantities of fresh and dried grapes and grape juice but also their strengths and the corresponding levy amounts. Additionally, under Regulation 5, proprietors can appoint an authorized agent to sign these returns if they are unable to do so personally. Regulation 6 further requires that detailed records of the prescribed goods used be maintained for five years from the date of use, ensuring traceability and compliance with the Act. Violation of these regulations can result in significant penalties and consequences. For instance, under Regulation 6, failure to maintain the required records for the stipulated period of five years is subject to a penalty of $500. This penalty underscores the importance of adhering to the record-keeping requirements set forth by the regulations. Although the regulations do not explicitly detail additional penalties for non-compliance with other provisions, the imposition of a financial penalty for record-keeping suggests that similar or more severe penalties could apply for breaches of other regulatory requirements.

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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.