Wine Overseas Marketing Act 1936

Legislation au C1936A00094 Not in force Act

Legislation content

 

WINE OVERSEAS MARKETING.

 

No. 94 of 1936.

An Act to amend the Wine Overseas Marketing Act 1929–1934 and for other purposes.

[Assented to 7th December, 1936.]

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 1936.

(2.) The Wine Overseas Marketing Act 1929–1934 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 1929–1936.

Commencement.

2. Notwithstanding anything contained in section two of the Principal Act, any sections inserted in that Act by this Act shall commence on the date on which this Act receives the Royal assent, and any sections of the Principal Act which are amended by this Act shall have effect as so amended, on and from that date.

Definitions.

3. Section four of the Principal Act is amended—

(a) by omitting from the definition of “winery” the word “ten” and inserting in its stead the word “twenty-five”;

(b) by omitting from the definition of “winery” the words “or election”;

(c) by omitting from the definition of “distillery” the word “ten” and inserting in its stead the word “twenty-five”;

(d) by omitting from the definition of “distillery” the words “or election”; and

(e) by omitting from the definition of “the Board” the words “Wine Overseas Marketing Board” and inserting in their stead the words “Australian Wine Board”.

4.—(1.) Section five of the Principal Act is repealed and the following section inserted in its stead:—

Australian Wine Board.

“5.—(1.) For the purposes of this Act, there shall be an Australian Wine Board.

“(2.) The Board shall consist of—

(a) one member (in this Act referred to as ‘ the Government representative’) to represent the Commonwealth Government;

(b) two members to represent co-operative wineries and distilleries;

(c) one member to represent proprietary and privately owned wineries and distilleries in the States of New South Wales and Queensland;

(d) one member to represent proprietary and privately owned wineries and distilleries in the State of Victoria;

(e) two members to represent proprietary and privately owned wineries and distilleries in the State of South Australia;

(f) one member to represent proprietary and privately owned wineries and distilleries in the State of Western Australia; and

(g) one member to represent grapegrowers supplying grapes to wineries and distilleries.

“(3.) The members of the Board shall, subject to the provisions of this section, be appointed by the Governor-General.

“(4.) The members appointed to represent co-operative wineries and distilleries shall be appointed upon the nomination of the Co-operative Winemakers’ Associations.


“(5.) The member appointed to represent proprietary and privately owned wineries and distilleries in the States of New South Wales and Queensland shall be appointed upon the nomination of the associations (other than the Co-operative Winemakers’ Association) in those States affiliated with the Federal Viticultural Council of Australia.

“(6.) The member appointed to represent proprietary and privately owned wineries and distilleries in the State of Victoria shall be appointed upon the nomination of the associations in that State affiliated with the Federal Viticultural Council of Australia.

“(7.) The members appointed to represent proprietary and privately owned wineries and distilleries in the State of South Australia shall be appointed upon the nomination of the associations (other than the Co-operative Winemakers’ Association) in that State affiliated with the Federal Viticultural Council of Australia.

“(8.) The member appointed to represent proprietary and privately owned wineries and distilleries in the State of Western Australia shall be appointed upon the nomination of the associations in that State affiliated with the Federal Viticultural Council of Australia.

“(9.) The member appointed to represent grapegrowers supplying grapes to wineries and distilleries shall be appointed upon the nomination of the Federal Grapegrowers’ Council.

“(10.) The member appointed as the Government representative shall hold office during the pleasure of the Governor-General.

“(11.) Nominations of members of the Board by any association or body of persons shall be in writing and shall be forwarded to the Minister so as to be received by him on or before a date fixed by the Minister by notice in the Gazette.

“(12.) Where any member is required by this section to be appointed pursuant to a nomination by any association or body of persons, and no nomination is received by the Minister on or before the time fixed in accordance with the last preceding sub-section, the Governor-General may appoint such person as he thinks fit to represent the interests concerned.

“(13.) Members of the Board, other than the Government representative, shall hold office for a period of three years and shall be eligible for re-appointment.

“(14.) Members of the Board other than the Government representative, may be removed from office by the Governor-General on the recommendation of the Board.

“(15.) On the death, resignation or removal from office of a member of the Board, other than the Government representative, the Governor-General may, on the recommendation of the Board, appoint a person to hold the vacant office for the residue of the term of the member whose place became vacant.


“(16.) The powers conferred on the Board by this Act shall not be affected by reason only of there being a vacancy in the membership thereof.”.

(2.) Notwithstanding anything contained in this section, the Australian Wine Board shall, until the members of the Board are appointed pursuant to section five of the Principal Act as amended by this Act, be constituted of the persons who, immediately prior to the commencement of this Act, were members of the Wine Overseas Marketing Board constituted by the section of the Principal Act repealed by this section:

Provided that—

(a) the Government representative shall hold office during the pleasure of the Governor-General;

(b) any member, other than the Government representative, may be removed from office by the Governor-General on the recommendation of the Board; and

(c) on the death, resignation or removal from office of any member, the Governor-General may appoint a person to hold the vacant office for the residue of the term of that member, such appointment in the case of a member, other than the Government representative, to be on the recommendation of the Board.

Date of election of members of Board.

5. Section six of the Principal Act is repealed.

Appointment of officers.

6. Section thirteen of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(4.) If an officer of the Public Service of the Commonwealth is appointed as Secretary to the Board or as an officer of the Board stationed in London, his service as an officer of the Board shall for the purpose of determining his existing and accruing rights be taken into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration. Act 1928–1933 shall apply to that officer in like manner as if this Act and section were specified in the Schedule to that Act.”.

Annual report.

7. Section twenty-nine of the Principal Act is amended by omitting from sub-section (1.) the word “July” and inserting in its stead the word “September”.

 

 

Overview

The Wine Overseas Marketing Act 1936, enacted by the Commonwealth Parliament, amends the Wine Overseas Marketing Act 1929–1934 to address issues in the regulation and promotion of Australian wine exports. This Act introduces a new Australian Wine Board to replace the Wine Overseas Marketing Board, aimed at providing a more structured and representative body for the wine industry. The primary objective is to ensure the effective management and marketing of Australian wine overseas by establishing a board that includes representatives from various sectors within the wine industry, such as government, co-operative wineries, proprietary and privately owned wineries, and grapegrowers. The Act also adjusts the definitions and provisions concerning wineries and distilleries to better align with industry changes and needs. This legislative change aims to enhance the governance and strategic direction of wine exports, ensuring they are managed in a manner that reflects the interests of all stakeholders involved.

Scope and Application

The Wine Overseas Marketing Act 1936 applies to the marketing of Australian wine overseas, involving entities such as wineries, distilleries, grape growers, and the Australian Wine Board. The Act pertains to the Commonwealth of Australia and its overseas marketing activities, establishing a framework for the governance and regulation of these entities. The Act defines terms such as "winery" and "distillery" by specifying the minimum production thresholds, which have been increased to twenty-five thousand gallons. The Act establishes the Australian Wine Board, which is responsible for overseeing the marketing of Australian wine overseas. The Board comprises members representing various stakeholders, including government representatives, co-operative wineries and distilleries, proprietary and privately owned wineries and distilleries from different states, and grape growers. The members are appointed by the Governor-General, either upon nomination by relevant associations or directly by the Governor-General in the absence of a nomination. The Act also includes provisions for the appointment of officers, the amendment of the annual reporting deadline, and the treatment of Board officers within the Commonwealth Public Service. The Act does not specify exclusions, exemptions, or thresholds beyond those mentioned in the definitions, and it does not explicitly extend or restrict its application through subordinate instruments.

Key Provisions

The Wine Overseas Marketing Act 1936 amends the Wine Overseas Marketing Act 1929–1934 to create the Wine Overseas Marketing Act 1929–1936 (s.1). The Act commences on the date of Royal Assent (s.2). Key definitions have been revised, notably increasing the threshold number of wine or spirit bottles produced annually from ten to twenty-five to qualify a business as a "winery" or "distillery" and removing the term "election" from these definitions (s.3). The Act also establishes the Australian Wine Board to replace the Wine Overseas Marketing Board. The Board comprises one Government representative, two members representing co-operative wineries and distilleries, and members representing proprietary and privately-owned wineries and distilleries in various states, along with one member representing grapegrowers (s.5). Members are appointed by the Governor-General, with nominations from relevant associations and councils (s.5(4)-(9)). The Government representative holds office during the pleasure of the Governor-General, while other members serve three-year terms and are eligible for re-appointment (s.5(10)-(11)). Members can be removed by the Governor-General on the recommendation of the Board, and vacancies are filled by the Governor-General upon Board recommendation (s.5(12)-(16)). The Act imposes specific obligations on the Australian Wine Board, including the requirement for the Government representative and other members to be appointed as outlined, with nominations from relevant associations and councils (s.5). Members of the Board are to be appointed by the Governor-General and must serve their designated terms, with provisions for removal and appointment to fill vacancies (s.5(12)-(16)). The Board must ensure the continuity of its functions even if there are vacancies among its members (s.5(16)). Violations of the provisions outlined in the Act could lead to civil or administrative penalties. For instance, failure to comply with the appointment procedures or other statutory requirements could result in the invalidity of certain actions taken by the Board or its members. While the Act does not specify criminal penalties, breaches of the Act could potentially lead to legal actions for damages or other remedies under relevant laws. The precise consequences would depend on the nature and severity of the breach and the specific provisions of other applicable laws.

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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.