Wine Overseas Marketing (Licences) Regulations (Amendment)

Legislation au C1973L00112 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 112

REGULATIONS UNDER THE WINE OVERSEAS MARKETING ACT

1929-1966.*

WHEREAS by section 14 of the Wine Overseas Marketing Act 1929-1966 it is enacted that the regulations may prohibit the export from the Commonwealth of wine—

(a) except by a person who holds a licence granted as prescribed; and

(b) except in accordance with such conditions and restrictions as are prescribed after recommendation to the Minister of State for Primary Industry by the Australian Wine Board constituted under that Act:

AND WHEREAS the Australian Wine Board has recommended to the Minister of State for Primary Industry that the conditions and restrictions applying to the export from the Commonwealth of wine should be the conditions and restrictions set forth in the Wine Overseas Marketing (Licences) Regulations, as amended by the following Regulations:

NOW THEREFORE I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wine Overseas Marketing Act 1929-1966.

Dated this eighth day of June, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

K. S. WRIEDT

Minister of State for Primary Industry.

____________

Amendments of the Wine Overseas Marketing (Licences) Regulations†

Conditions and restrictions.

1. Regulation 8 of the Wine Overseas Marketing (Licences) Regulations is amended—

(a) by inserting after paragraph (ca) of sub-regulation (1) the word “ and and

(b) by omitting paragraphs (c) and (f) of that sub-regulation.

2. Regulation 9 of the Wine Overseas Marketing (Licences) Regulations is repealed and the following regulation substituted:—

Notification of proposed export of wine.

“ 9. (1)  Where a licensee proposes to export wine, he shall, not later than fourteen days before the proposed date of export, lodge with the Secretary or an authorized person two copies of a notification of the proposed export in accordance with Form B in the Schedule.

______________________________________________________________________________

*Notified in the Commonwealth Gazette on 21 June 1973.

†Statutory Rules 1954, No 88 as amended by Statutory Rules 1959, No.3.


“ (2)  Where a notification of proposed export has been lodged with the Secretary or an authorized person in accordance with sub-regulation (1), the Secretary or the authorized person shall consider whether the export would be prohibited by sub-regulation (1) of regulation 8 and—

(a) if he is of the opinion that the export would not be so prohibited— certify on a copy of the notification that the proposed export is approved and return that copy to the licensee; or

(b) if he is of the opinion that the export would be so prohibited—return a copy of the notification to the licensee together with a notification, in writing, signed by the Secretary or the authorized person stating that the export is not approved and setting out the reasons why it is not approved.

“ (3)  A copy of a notification referred to in paragraph (a) or (b) of sub regulation (2) shall be returned to the licensee not later than three days before the proposed date of export.”.

Information to be furnished, &c.

3. Regulation 11 of the Wine Overseas Marketing (Licences) Regulations is amended by omitting from sub-regulation (2) the words “ Fifty pounds ” and substituting the words “ One hundred dollars ”.

False information.

4. Regulation 13 of the Wine Overseas Marketing (Licences) Regulations is amended by omitting the words “ Fifty pounds ” and substituting the words “ One hundred dollars ”.

Schedule

5. The Schedule to the Wine Overseas Marketing (Licences) Regulations is amended—

(a) by omitting from Form A the words “ Minister of State for Commerce and Agriculture ” (wherever occurring) and substituting the words “ Minister of State for Primary Industry ”; and

(b) by omitting Forms B and C and substituting the Form in the Schedule.

Application.

6. The amendments of the Wine Overseas Marketing (Licences) Regulations made by regulations 1 and 2 of these Regulations and by paragraph (b) of regulation 5 do not apply in relation to wine exported within fourteen days after the date of commencement of these Regulations.


SCHEDULE Regulation 5 (b)

Form B. Reg. 9.

Commonwealth of Australia

Wine Overseas Marketing (Licences) Regulations

EXPORT OF AUSTRALIAN WINE

Shipper

Owner at time of shipment

Purchaser (name and address)

Ship

Port of loading

Estimated date of departure

Port of Discharge

Final destination (if on carriage)

Classification:

* Under bond

Freestore

Drawback

Marks and numbers

Number and kind of packages

   Quantity in litres and type of wine

          Percentage by volume of alcohol and sugar strength in Beaumè degrees

* I/We being the holder(s)* of Licence to Export Wine No. hereby give notice that

* I/we propose to export, as set out above, the wine described above.

* l/We declare—

(a) that all information in this not cc is correct;

(b) that any fortified wine mentioned above is at least six months old; and

(c) that the wine described above is to be shipped

*On consignment

following actual sale to purchaser,

Name of License

Signature of Licensee…………………………………..     Date ……………

* Strike out whichever is inapplicable.

Overview

The Wine Overseas Marketing (Licences) Regulations 1973 are regulations made under the Wine Overseas Marketing Act 1929-1966, which was enacted to regulate the export of Australian wine. The Wine Overseas Marketing (Licences) Regulations 1973 aim to implement the conditions and restrictions recommended by the Australian Wine Board for the export of wine, following a recommendation to the Minister of State for Primary Industry. The Regulations were made by the Governor-General in Council, acting on the advice of the Minister of State for Primary Industry, and were notified in the Commonwealth Gazette on 21 June 1973. The policy objective of the Regulations is to regulate the export of Australian wine by licensing, and to impose conditions and restrictions on the export of wine to ensure its quality and to protect the interests of the Australian wine industry.

Scope and Application

The Wine Overseas Marketing (Licences) Regulations, which are amendments to the Wine Overseas Marketing (Licences) Regulations, are designed to control and regulate the export of wine from Australia. They apply to all individuals or entities who hold a licence to export wine and are engaged in the exportation of wine from the Commonwealth of Australia. These regulations are made under the authority of the Wine Overseas Marketing Act 1929-1966 and are applicable nationwide, extending to all states and territories of Australia. The regulations set out the conditions and restrictions on the export of wine, including the requirement for a licence and specific notification procedures. Notably, these regulations do not apply to wine exported within fourteen days after the commencement of the regulations. The amendments also adjust the fines for providing false information and update forms to reflect current administrative titles.

Key Provisions

The Wine Overseas Marketing (Licences) Regulations, as amended by Statutory Rules 1973 No. 112, establish specific conditions and restrictions that govern the export of wine from Australia. According to Regulation 8, a person can only export wine if they hold a licence granted under the Act, and even then, they must adhere to the prescribed conditions and restrictions. Regulation 9 outlines the notification requirements for proposed wine exports, mandating that a licensee must submit a notification to the Secretary or an authorised person at least fourteen days before the intended export date. This notification must be in the format specified as Form B in the Schedule of the Regulations. These Regulations impose obligations on licence holders to ensure compliance with the export conditions. For instance, the licensee must provide accurate information about the wine shipment, including details such as the shipper, owner, purchaser, port of loading, and estimated departure date. The licensee must also declare that all information provided is correct and that any fortified wine being exported is at least six months old. Additionally, Regulation 11 stipulates that any required information or documents must be furnished to the Secretary or an authorised person. The Regulations provide for penalties for breaches of the Act. Regulation 13 outlines that any person who knowingly provides false information in a notification or in any other document or information required under the Act may be fined up to one hundred dollars. Such penalties serve as a deterrent against non-compliance and ensure that the export of Australian wine adheres to the prescribed conditions and restrictions.

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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.