WINE OVERSEAS MARKETING.
No. 48 of 1930.
An Act to amend the Wine Overseas Marketing Act 1929.
[Assented to 18th August, 1930.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Wine Overseas Marketing Act 1930.
(2.) The Wine Overseas Marketing Act 1929 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Wine Overseas Marketing Act 1929-1930.
2. After section eleven of the Principal Act the following section is inserted:—
Executive Committee of Board.
“11A.—(1.) There shall be an Executive Committee of the Board consisting of the Chairman of the Board and three members of the Board to be elected annually by the Board.
(2.) The Executive Committee shall have such powers and functions of the Board as the Board thinks fit, but the Board may at any time exercise any of its powers and functions notwithstanding the appointment of the Committee.
(3.) At any meeting of the Executive Committee, three members shall form a quorum.
(4.) In the event of the absence of the Chairman of the Board from any meeting of the Executive Committee, the members present at the meeting may elect one of their number to be the Chairman of the meeting.
(5.) At any meeting of the Executive Committee, the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(6.) All questions before a meeting of the Executive Committee shall be decided by a majority of votes.
(7.) In the event of a vacancy occurring in the Executive Committee, the Board may elect one of its members to hold the vacant office for the residue of the term for which the member whose office is vacant was elected”.
Application of money paid into Fund.
3. Section twenty-two of the Principal Act is amended—
(a)by omitting from paragraph (c) the word “and”; and
(b) by inserting, after paragraph (d),the following paragraph:—
“; and
(e) In doing or undertaking any experiment, act, matter or thing which, in the opinion of the Board, is likely to improve the quality or to promote the sale of Australian wine, and in particular in carrying out any arrangement which the Board may enter into with any other Board or Authority constituted to control the sale of products of Australia”.
Overview
The Wine Overseas Marketing Act 1930, enacted by the Parliament of the Commonwealth of Australia, serves to amend the Wine Overseas Marketing Act 1929. This legislation was introduced to address the need for more effective mechanisms in managing the marketing and sale of Australian wine overseas, as well as to enhance the efficiency and authority of the Board in making decisions that could improve the quality and marketability of Australian wine. The Act establishes an Executive Committee within the Board, granting it specified powers and functions, while also ensuring the Board retains its authority to intervene as necessary. Additionally, the Act broadens the scope of the Board's responsibilities to include undertaking experiments and activities that could potentially enhance the quality and sales of Australian wine, reflecting a policy objective to bolster the competitive position of Australian wine in international markets.
Scope and Application
The Wine Overseas Marketing Act 1930, as amended, applies to entities and individuals involved in the marketing and export of Australian wine overseas. This legislation extends to the Commonwealth level and primarily governs the activities of the Wine Overseas Marketing Board, which is tasked with overseeing the promotion and sale of Australian wine abroad. The Act provides for the creation of an Executive Committee within the Board, which is responsible for executing certain powers and functions delegated by the Board itself. The Act also outlines the application of funds collected by the Board, specifying that these funds can be used for various purposes, including experiments and activities intended to enhance the quality or marketability of Australian wine, as well as for any agreements made with other boards or authorities responsible for the export of Australian products. The scope of the Act is further extended through subordinate instruments, which may specify additional regulations and operational details for the Board and its activities.
Key Provisions
The Wine Overseas Marketing Act 1930, as amended, introduces several key provisions to enhance the operations and oversight of wine marketing activities overseas. Section 1 establishes the short title and citation of the Act, referring to the original Wine Overseas Marketing Act 1929 as the Principal Act, with the amended version being referred to as the Wine Overseas Marketing Act 1929-1930. A significant addition is Section 11A, which introduces the establishment of an Executive Committee of the Board. This Committee consists of the Chairman of the Board and three other members elected annually by the Board, who are tasked with exercising certain powers and functions of the Board as deemed appropriate. The Board retains the authority to exercise its powers and functions at any time, despite the existence of the Committee. Quorum requirements and voting procedures are detailed, ensuring that decisions can be made efficiently while maintaining the integrity of the decision-making process.
The Act imposes specific obligations and requirements on the parties involved, primarily the Board and the Executive Committee. Section 11A delineates the roles and responsibilities of the Executive Committee, including its composition, decision-making processes, and the procedures for handling vacancies. The Board must elect the Committee members annually and ensure that the Committee operates within the scope of its designated powers and functions. Additionally, the Board must provide oversight to ensure the Committee’s activities align with the objectives of improving the quality and promoting the sale of Australian wine. The Act also requires the Board to consider and approve any expenditures from the Fund for experiments, acts, or arrangements aimed at enhancing wine quality and sales, as outlined in Section 22.
Failure to comply with the provisions of the Wine Overseas Marketing Act 1930 may result in civil or criminal consequences. While the specific penalties are not detailed within the text provided, it is understood that breaches of the Act could lead to legal action. Penalties may include fines or other sanctions as prescribed by relevant laws. The seriousness of the breach and its impact on the marketing of Australian wine will be key factors in determining the appropriate penalty. Ensuring adherence to the Act is crucial for maintaining the integrity of the wine industry and supporting its growth on the international market.