Wine Research Amendment Act 1980
No. 163 of 1980
An Act to amend the Wine Research Act 1955
[Assented to 10 December 1980]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Wine Research Amendment Act 1980.
(2) The Wine Research Act 1955 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the date fixed under sub-section 2(2) of the Australian Wine and Brandy Corporation Act 1980.
3. Section 4 of the Principal Act is repealed and the following section substituted:
Interpretation
“4. In this Act, unless the contrary intention appears—
‘Corporation’ means the Australian Wine and Brandy Corporation established by the Australian Wine and Brandy Corporation Act 1980;
‘Fund’ means the Wine Research Trust Fund established by section 5;
‘Institute’ means the company incorporated in South Australia by the name of the Australian Wine Research Institute.”.
Expenditure from Fund
4. Section 6 of the Principal Act is amended by omitting from sub-section (4) “Board” and substituting “Corporation”.
Formal amendments
5. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 5
FORMAL AMENDMENTS
Provision amended | Omit— | Substitute- |
Sub-section 5(1).... | section sixty-two a of the Audit Act 1901-1954 | section 62a of the Audit Act 1901 |
Sub-section 6(1).... | Two hundred thousand dollars | $200,000 |
Sub-section 6(2).... | the last preceding sub-section | sub-section (1) |
Sub-section 6(3).... | the last preceding sub-section | sub-section (2) |
Sub-section 6(4).... | of this section in | in |
not less than Eight thousand dollars | not less than $8,000 |
of this section is less than Eight thousand dollars | is less than $8,000 |
Overview
The Wine Research Amendment Act 1980 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to update and refine the provisions of the Wine Research Act 1955. This amendment was necessitated by the creation of the Australian Wine and Brandy Corporation through the Australian Wine and Brandy Corporation Act 1980, which necessitated adjustments to the administrative and financial oversight of the wine research sector. The Act aims to align the Wine Research Act 1955 with the new governance structures and financial provisions established by the Australian Wine and Brandy Corporation Act 1980, ensuring that the Wine Research Trust Fund and the Australian Wine Research Institute operate under the appropriate regulatory and financial frameworks. The primary policy objective is to ensure the efficient and effective administration of research activities related to wine production and quality in Australia, thereby supporting the broader wine industry.
Scope and Application
The Wine Research Amendment Act 1980 amends the Wine Research Act 1955, primarily focusing on the formal amendments to definitions and certain monetary values within the Principal Act. The Act applies to the Australian Wine and Brandy Corporation, the Wine Research Trust Fund, and the Australian Wine Research Institute. The amendments include re-defining the term "Corporation" to refer to the Australian Wine and Brandy Corporation as established by the Australian Wine and Brandy Corporation Act 1980, and similarly re-defining "Fund" and "Institute". The scope of this Act is limited to the entities mentioned and does not extend to other industries or persons outside these definitions. It is a Commonwealth Act and, as such, has a national jurisdictional reach. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it does specify certain monetary limits in the amended sections. The application of this Act may be further extended or restricted through subordinate instruments, although this is not detailed in the text.
Key Provisions
The Wine Research Amendment Act 1980 (Act) makes several key changes to the Wine Research Act 1955 (Principal Act), primarily through formal amendments and updates to terminology. Section 4 of the Principal Act is repealed and replaced with new definitions, which are crucial for understanding the Act's provisions (s 4). Specifically, it redefines terms such as "Corporation," "Fund," and "Institute" to align with the Australian Wine and Brandy Corporation Act 1980 and the Australian Wine Research Institute.
The Act imposes certain obligations on the entities it governs. The amendments require the Australian Wine and Brandy Corporation to be responsible for expenditure from the Wine Research Trust Fund, replacing the previous Board's role in this matter (s 6). Furthermore, the Act modifies the financial thresholds and references to other legislative provisions to ensure clarity and consistency with current legal frameworks (Schedule).
The Act also delineates the consequences for non-compliance with its provisions. While the Act does not explicitly state any offences or penalties for breach, the formal amendments and changes in terminology suggest an expectation of compliance. Any failure to adhere to the updated provisions could potentially lead to civil or administrative consequences, as is common in legislative amendments designed to align existing laws with new statutory entities and frameworks.
It is important to note that while the Act does not specify maximum penalties for breaches, such consequences would likely be determined by the relevant courts or tribunals in the context of broader legislative frameworks and common law principles. The focus of the Act appears to be on ensuring the smooth operation of the Wine Research Trust Fund and the alignment of the Principal Act with the new structure established by the Australian Wine and Brandy Corporation Act 1980.