Wine Overseas Marketing Act 1945

Legislation au C1945A00023 Not in force Act

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WINE OVERSEAS MARKETING.

 

No. 23 of 1945.

An Act to amend the Wine Overseas Marketing Act 1929-1936.

[Assented to 16th August, 1945.]

[Date of commencement, 13th September, 1945.]

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 1945.


(2.) The Wine Overseas Marketing Act 1929–1936 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 1929–1945.

Australian Wine Board.

2.—(1.) Section five of the Principal Act is amended—

(a) by omitting from paragraph (g) of sub-section (2.) the words “one member” and inserting in their stead the words “three members”; and

(b) by omitting from sub-section (9.) the word “member” and inserting in its stead the word “members”.

(2.) Notwithstanding the provisions of sub-section (13.) of section five of the Wine Overseas Marketing Act 1929–1945, but subject to any other provisions of that Act, the first appointment after the commencement of this Act of the two additional members of the Australian Wine Board to represent grapegrowers supplying grapes to wineries and distilleries shall be for a period expiring at the expiration of the term of office of the member of the Board representing those grapegrowers at the commencement of this Act.

3.—(1.) Sections nine and ten of the Principal Act are repealed and the following sections inserted in their stead:—

Fees and allowances.

“9.—(l.) Members of the Board, and the deputies of members while acting as such, shall be paid fees and allowances as provided in this section in respect of attendance at meetings of the Board or of the Executive Committee of the Board, or while engaged (whether in Australia or overseas) on such business of the Board as the Board determines.

“(2.) Subject to the next two succeeding sub-sections, a member or his deputy shall be paid fees and allowances at such rates as are prescribed.

“(3.) If a member or his deputy is also a member of the Parliament of the Commonwealth or of any State, he shall not be entitled to receive any fees or allowances but shall be reimbursed such expenses as he actually incurs by reason of such attendance or while engaged on such business.

“(4.) If a member or his deputy is a person permanently employed in the service of the Commonwealth, he shall not be paid any fees or allowances in respect of his services as a member or deputy, and the fees and allowances which would be paid to him if he were not so employed shall be paid to the Commonwealth.

Chairman of the Board.

“10.—(1.) At a meeting of the Board which shall be held not later than the thirtieth day of September in each year, the Board shall appoint one of its members to be Chairman of the Board.


“(2.) In the event of any vacancy occurring in the office of Chairman, the members of the Board shall, at the next meeting of the Board held after the occurrence of the vacancy, appoint one of their members to be Chairman of the Board.

“(3.) A member of the Board appointed as Chairman under either of the last two preceding sub-sections shall hold office until the appointment of a successor and shall be eligible for re-appointment.

“(4.) At any meeting of the Board at which the Chairman is not present, the members present shall appoint one of their number to act as Chairman at that meeting.”.

(2.) The person holding office as Chairman of the Australian Wine Board at the commencement of this section shall continue to hold that office until the appointment of a successor in accordance with the Wine Overseas Marketing Act 1929–1945 and shall be eligible for re-appointment.

Meetings of the Board.

4. Section eleven of the Principal Act is amended by omitting from sub-section (3.) the word “four” and inserting in its stead the word “six”.

Executive Committee of Board.

5.—(1.) Section eleven a of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) There shall be an Executive Committee of the Board consisting of—

(a) the Chairman of the Board, who shall be the Chairman of the Executive Committee;

(b) one of the members of the Board representing co-operative wineries and distilleries;

(c) two of the members of the Board representing proprietary and privately owned wineries and distilleries; and

(d) one of the members of the Board representing grapegrowers supplying grapes to wineries and distilleries.

“(1a.) The members of the Executive Committee (other than the Chairman of the Board) shall be elected annually by the Board.”; and

(b) by omitting sub-section (7.) and inserting in its stead the following sub-section:—

“(7.) Where a vacancy has occurred in the Executive Committee, the Board may elect as a member of the Executive Committee a member of the Board who represents the same interests as were represented by the member whose office has become vacant, and the member so elected shall hold office for the residue of the term for which the member whose office has become vacant was elected”.


(2.) The first election of members of the Executive Committee of the Australian Wine Board under the provisions of the Principal Act, as amended by this Act, shall be held as soon as practicable after the first appointment of the two additional members of the Board in pursuance of the amendments made to section five of the Principal Act by section two of this Act.

London Agency of Board.

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

“(4.) Subject to the next succeeding sub-section, a member of the London Agency shall be paid fees and allowances at such rates as are prescribed.

“(5.) If a member of the London Agency is a person permanently employed in the service of the Commonwealth, he shall not be paid any fees or allowances in respect of his services as a member of the London Agency, and the fees and allowances which would be paid to him if he were not so employed shall be paid to the Commonwealth.”.

Application of moneys paid into Fund.

7. Section twenty-two of the Principal Act is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) In making the payments provided for in sections nine and twelve of the Act;”.

Overview

The Wine Overseas Marketing Act 1945 was enacted by the Commonwealth Parliament to amend the Wine Overseas Marketing Act 1929–1936, addressing the need to enhance the structure and functionality of the Australian Wine Board. This legislation aimed to improve the marketing and representation of Australian wine overseas by expanding the Board's membership to better reflect the interests of grapegrowers, co-operative wineries, and proprietary and privately owned wineries and distilleries. The Act increased the number of Board members, redefined the roles within the Board, and clarified the allowances and fees for Board members and staff. The policy objective was to strengthen the governance and effectiveness of the Australian Wine Board in promoting and marketing Australian wine internationally. The Act introduced several key amendments, including the expansion of the Australian Wine Board's membership from one to three members representing grapegrowers, adjustments to the fees and allowances for Board members, and modifications to the structure and functions of the Executive Committee. The amendments also addressed the payment of fees and allowances for members of the London Agency, ensuring that those permanently employed by the Commonwealth were reimbursed for expenses rather than receiving additional allowances. By updating the legislative framework, the Wine Overseas Marketing Act 1945 sought to better position the Australian wine industry on the global market.

Scope and Application

The Wine Overseas Marketing Act 1945 applies to the Australian Wine Board and its operations, including its membership, meetings, and the Executive Committee, as well as the London Agency. This Act amends the Wine Overseas Marketing Act 1929-1936 to update the composition and functions of the Australian Wine Board, particularly by increasing the number of members and establishing an Executive Committee. The amendments also affect the payment of fees and allowances to Board members and London Agency members, with specific provisions for those who are also members of Parliament or employees of the Commonwealth. This Act operates on a national level within the Commonwealth of Australia, aiming to refine the structure and operations of the Australian Wine Board to better serve the interests of the wine industry in overseas markets. There are no stated exclusions or exemptions within the Act itself, but the application and interpretation of its provisions may be subject to further clarification through subordinate instruments or regulations.

Key Provisions

The Wine Overseas Marketing Act 1945 makes several key amendments to the Wine Overseas Marketing Act 1929–1936, primarily concerning the composition and operations of the Australian Wine Board. Section 2 amends the Principal Act by increasing the number of members on the Australian Wine Board from one to three, specifically adding two additional members to represent grapegrowers supplying grapes to wineries and distilleries. The first appointment of these two additional members is for a period expiring at the expiration of the term of office of the existing member representing grapegrowers at the commencement of this Act (Section 2(2)). Additionally, sections nine and ten of the Principal Act are repealed and replaced with new provisions regarding fees and allowances for Board members and their deputies (Section 3(1)) and the appointment of the Chairman of the Board (Section 3(2)). The Act imposes several obligations on the Australian Wine Board and its members. Members of the Board, and their deputies while acting as such, are entitled to fees and allowances for attendance at Board or Executive Committee meetings and for business conducted on behalf of the Board (Section 9(1)). However, if a member or deputy is also a member of Parliament or a person permanently employed in the service of the Commonwealth, they are not entitled to receive fees or allowances but are reimbursed for actual expenses incurred (Section 9(3)-(4)). The Board is required to appoint one of its members as Chairman at a meeting held not later than the thirtieth day of September each year, or at the next meeting after a vacancy occurs (Section 10(1)-(2)). The Chairman holds office until a successor is appointed and is eligible for re-appointment (Section 10(3)-(4)). The Act also specifies that the number of meetings the Board must hold annually is increased from four to six (Section 4). The Executive Committee of the Board, which consists of the Chairman, one member representing co-operative wineries and distilleries, two members representing proprietary and privately owned wineries and distilleries, and one member representing grapegrowers supplying grapes to wineries and distilleries, must be elected annually by the Board (Section 5(1)). Members of the London Agency of the Board are entitled to fees and allowances at prescribed rates, with the exception of those permanently employed in the service of the Commonwealth, who are reimbursed for actual expenses (Section 6(4)-(5)). Breaches of the provisions of the Wine Overseas Marketing Act 1945 are not explicitly detailed in the text provided. However, the general principle is that failure to comply with the requirements set out in the Act could result in legal consequences. For example, not adhering to the provisions regarding the appointment of the Chairman or the composition of the Executive Committee could be subject to review or challenge in a court of law, potentially leading to penalties or other civil or criminal consequences as determined by the relevant authorities.

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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.