Wine Overseas Marketing (Preparation of Rolls) Regulations

Legislation au C1929L00039 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1929. No. 39.

REGULATIONS UNDER THE WINE OVERSEAS MARKETING ACT 1929.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Wine Overseas Marketing Act 1929, to come into operation forthwith.

Dated this nineteenth day of April, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

T. PATERSON

Minister of State for Markets and Transport.

Wine Overseas Marketing (Preparation of Rolls) Regulations.

Short title.

1. These Regulations may be cited as the Wine Overseas Marketing (Preparation of Rolls) Regulations.

Definitions.

2. In these Regulations unless the contrary intention appears—

“the Act” means the Wine Overseas Marketing Act 1929;

“the Minister” means the Minister for Markets and Transport;

“the Secretary” means the Secretary to the Department of Markets and Transport;

“the poll” means the poll of owners of wineries and distilleries under section two of the Act; and includes any poll under section three of the Act;

“the election” means the election of members of the Board in pursuance of sub-section (2.) of section five of the Act;

“Owner” includes—

(a) in the case of a proprietary or co-operative winery or distillery, the chairman of the Board of Directors of that winery or distillery or a person appointed by the chairman to act in that behalf; and

(b) in the case of a privately-owned winery or distillery any one partner of the firm owning the winery or distillery;

“Co-operative winery” means any winery which the Secretary is satisfied distributes the whole or any portion of its surplus profits to the persons supplying grapes to the winery;

“Co-operative distillery” means any distillery which the Secretary is satisfied distributes the whole or any portion of its surplus profits to the persons supplying the grapes to the distillery;

821.—Price 3d.

“Proprietary winery” means any winery which is owned by any registered company other than a co-operative company;

“Proprietary distillery” means any distillery which is owned by any registered company other than a co-operative company;

“Privately-owned winery” means any winery which is owned by any person or firm;

“Privately-owned distillery” means any distillery which is owned by any person or firm.

List of voters to be prepared.

3. (1) Pursuant to claims made under these Regulations the Secretary shall prepare a roll of owners of co-operative wineries and distilleries, and also a roll for each State of owners of proprietary and privately-owned wineries and distilleries entitled to vote at the poll and the election.

(2) The rolls shall be certified by the Secretary by writing under his hand to be correct and shall be the rolls of owners of wineries or distilleries to be used for the purposes of the poll and the election.

(3) The rolls shall be conclusive evidence of the rights of the owners of the wineries or distilleries named therein to vote at the poll and the election.

Claims for enrolment.

4. (1) An owner of a winery or distillery shall only be entitled to vote at the poll and the election if his name is placed on a roll pursuant to a claim for enrolment made by him in accordance with the Form in the Schedule to these Regulations.

(2) Claims for enrolment shall be made on or before a date notified in the Gazette by the Minister, and any claim received after that date shall not be accepted for enrolment.

(3) Where two or more wineries or distilleries in any one State are owned by the same person, firm or company, those wineries or distilleries shall, for the purposes of this Regulation be deemed to be one winery or distillery.

Witnessing of claims for enrolment.

5. A claim for enrolment shall be witnessed by an elector, or a person qualified to be an elector, of the Commonwealth or of a State.

Witness to see claimant sign claim.

6. The person witnessing a claim for enrolment shall not sign his name as witness unless he has seen the person whose signature he purports to witness, sign the claim for enrolment.

Offences.

7. Any person witnessing a claim for enrolment shall, before he affixes his signature thereto—

(a) satisfy himself as to the identity of the claimant for enrolment; and

(b) by inquiry from the claimant or otherwise, satisfy himself that the statements contained in the claim are true and correct, unless he knows that such statements are true and correct.

Penalties.

8. Any person who is convicted of an offence against these Regulations shall be liable to a penalty not exceeding Fifty pounds.

THE SCHEDULE.

Commonwealth of Australia.

Wine Overseas Marketing Act 1929.

claim for enrolment under the wine overseas marketing (preparation of rolls) regulations.

Note.—Any owner of a winery or distillery which handled not less than ten tons of grapes for use in the manufacture of wine or spirit, respectively, during the year ended 30th June, 19 , may claim to have his name enrolled under these Regulations for the purpose of—

(a) the poll as to whether the Act is to be brought into operation (or to continue in operation, as the case requires); and

(b) the election of a representative or representatives on the Wine Overseas Marketing Board.

“Owner” includes—

(a) in the case of a proprietary or co-operative winery or distillery, the Chairman of the Board of Directors of that winery or distillery, or a person appointed by the Chairman to act in that behalf; and

(b) in the case of a privately-owned winery or distillery, any one partner of the firm owning that winery or distillery.

The closing date for lodgment of this claim with the Secretary, Department of Markets and Transport, Canberra, F.C.T., is ,
19 , and any claims received after that date shall not be accepted for enrolment.

(a) Insert full name (in block letters).

(b) Insert name of winery or distillery.

(d) Insert whether co-operative, proprietary or privately-owned.

I, (a)..................................................................................................................................., claim to have my name placed on a roll of owners of wineries and distilleries, and I declare—

(1) that I am the owner of the (b)..................................................................winery/* distillery situated at (c)......................................................................................................in the State of...............................................................................................;

(2) that the said *winery/distillery is a (d)...................................................winery/* distillery;

(3) that the quantity of grapes delivered to that winery or distillery for manufacture into wine during the year ended 30th June, 19 , was not less than ten tons; and

(4) that the statements made in this claim are true and correct in every particular.

Signature of Claimant.............................................................................

(in own handwriting)

Dated the...................................day of........................................19........

I, the undersigned, being an elector, or person qualified to be an elector, of the Commonwealth or of a State, hereby certify—

(a) that I have satisfied myself as to the identity of the claimant for enrolment;

(b) that I have seen the claimant for enrolment sign the declaration in his, the claimant’s, own handwriting; and

(c) that I either know the statements contained in the declaration to be true and correct, or have satisfied myself, by inquiry from the claimant or otherwise, that the statements contained in the declaration are true and correct.

(Penalty on witness for failure to fully comply with these requirements—£50.)

Personal signature of witness................................................................

(in own handwriting)

Occupation............................................................................................

Place of living.......................................................................................

Dated the..............................................day of.............................................19.......

* Strike out the words which are inapplicable.

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Wine Overseas Marketing Act 1929 was enacted to establish a regulatory framework for the export of Australian wine and spirits, aiming to standardise and improve the marketing of these products overseas. The Act was introduced to address the need for better regulation and coordination in the overseas marketing of Australian wine and spirits, ensuring that industry stakeholders have a say in how these products are marketed internationally. The Wine Overseas Marketing (Preparation of Rolls) Regulations, made under the authority of the Act, detail the process for preparing rolls of eligible winery and distillery owners who can vote on whether the Act should be implemented and for electing members of the Wine Overseas Marketing Board. These Regulations were made by the Governor-General in Council and came into operation forthwith, establishing a structured process for the enrolment and certification of winery and distillery owners, ensuring that the electoral process for these matters is transparent and legally sound.

Scope and Application

The Wine Overseas Marketing (Preparation of Rolls) Regulations 1929, made under the Wine Overseas Marketing Act 1929, establish the procedural framework for the preparation of rolls of winery and distillery owners eligible to vote in polls and elections concerning the Act's operation. These Regulations apply to owners of wineries and distilleries that processed at least ten tons of grapes for wine or spirit production during the specified year. The owner's eligibility to vote hinges on their enrolment on the prepared rolls, which include co-operative, proprietary, and privately-owned wineries and distilleries. The rolls are to be compiled by the Secretary, certified as accurate, and serve as definitive evidence of voting rights. Owners must submit claims for enrolment, witnessed by a qualified elector, by a date announced in the Gazette, with late claims being disregarded. Penalties for non-compliance with these regulations are outlined, and the Secretary has the authority to exclude late submissions. These Regulations are operative across the Commonwealth and are instrumental in facilitating the democratic participation of winery and distillery owners in decisions related to the Act's implementation and governance.

Key Provisions

The Wine Overseas Marketing (Preparation of Rolls) Regulations 1929, under the Wine Overseas Marketing Act 1929, establish the procedures for creating voter rolls for the poll and election related to the overseas marketing of wine. According to section 3, the Secretary is tasked with preparing rolls of owners of co-operative wineries and distilleries, and separate rolls for each state for owners of proprietary and privately-owned wineries and distilleries, which will be used for voting purposes. These rolls are to be certified as correct by the Secretary and will serve as conclusive evidence of the voting rights of the listed owners (section 3). Owners of wineries or distilleries must submit claims for enrolment using a prescribed form by a specified date (section 4). The regulations also specify that if multiple wineries or distilleries in a state are owned by the same entity, they will be considered as one for enrolment purposes (section 4(3)). The regulations impose certain obligations on the parties involved. Owners of wineries or distilleries must submit claims for enrolment to be included in the voter rolls (section 4). These claims must be made by a specific date and in a prescribed form (section 4(1), (2)). Additionally, these claims must be witnessed by a qualified individual who verifies the identity of the claimant and the accuracy of the statements made in the claim (sections 5 and 6). The witness must also ensure they are familiar with the truth of the statements unless they already know them to be correct (section 7). Violations of these regulations carry potential penalties. Any person convicted of an offence against these regulations faces a penalty not exceeding Fifty pounds (section 8). Specifically, a witness to a claim for enrolment who fails to fully comply with the requirements of verifying the claimant's identity and the truthfulness of the statements may also face penalties (section 7). These provisions ensure that the process of preparing the voter rolls is conducted accurately and with due diligence.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Offence Provisions

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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.

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