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AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 - List of Sections

Section

Compilation Information

Long Title

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Objects
4. Interpretation
4A. Extension to external Territories
4B. Application of the Criminal Code
5A. Declared winemakers organisations
5B. Declared wine grape growers organisation
5C. Meaning of description and presentation
5D. Where wine originates
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part II—The Australian Wine and Brandy Corporation

6. Establishment of Corporation
7. Functions of Corporation
8. Powers of Corporation
9. Contracts for carriage of grape products
10. Power to enter into arrangements etc.
11. Committees
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part III—Constitution and meetings of the Corporation

12. Nature of Corporation
13. Membership of Corporation
14. Term of office of members
15. Deputy Chairperson
16. Leave of absence
17. Resignation of members
20. Termination of appointments
21. Disclosure of interests by members of Corporation
22. Meetings of Corporation
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part IVA—Australian Wine and Brandy Corporation Selection
Committee

29AA. Interpretation
29A. Establishment of Committee
29B. Functions of Committee
29C. Powers of Committee
29D. Minister may request nominations
29E. Selection of persons by Committee
29F. Nomination
29G. Minister may reject nominations
29H. Membership of Committee
29J. Acting Presiding Member
29K. Casual vacancy
29L. Remuneration and allowances of members of Committee
29M. Leave of absence
29N. Resignation
29P. Termination of appointment of members of Committee
29Q. Disclosure of interests by members of Committee
29R. Meetings of Committee
29S. Resolutions without meetings
29T. Staff and consultants
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part IVB—Annual general meeting of the industry

29U. Interpretation
29V. List of producers
29W. Corporation to convene annual general meeting
29X. Purpose of annual general meeting
29Y. Conduct of annual general meeting
29ZA. Minister to be notified of resolutions
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part V—Staff

30. Employees
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part VA—Operation of Corporation

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 1—Corporate plans


31. Corporation to develop corporate plans
31A. Agreement to corporate plans
31B. Variation of corporate plans by Corporation
31C. Variations of corporate plans at request of Minister
31D. Date of effect of variations
31E. Notice of variation of corporate plans
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 2—Annual operational plans


31F. Corporation to develop annual operational plans
31G. Agreement to annual operational plans
31H. Variation of annual operational plans
31J. Notice of variation of annual operational plan
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 3—Directions


31K. Directions to Corporation and Geographical Indications Committee
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part VI—Finance

31L. Corporation's component of wine grapes levy
32. Payments to Corporation
33. Payments by Corporation to Commonwealth
34. Borrowing
34A. Corporation may give security
34B. Borrowings not otherwise permitted
35. Application of money of Corporation
38. Extra matters to be included in annual report
39. Liability to taxation
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part VIA—Label integrity program

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 1—Preliminary


39A. Object of Part
39B. Operation of Part
39C. Interpretation
39D. Sales with a label claim
39E. Penalties
39EA. Time for bringing prosecutions
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 2—Records relating to label claims


39F. Wine manufacturers to keep records of receipt of wine goods
39G. Wine manufacturers to keep records of manufacture of certain single wines
39H. Wine manufacturers to keep records of manufacture of certain blends
39J. Wine manufacturers to keep records of sales of certain wine
39K. Wine manufacturers to keep records of disposals of certain wine
39L. Direct sales
39M. Wine manufacturers to keep records of transfers of certain wine
39N. Wine manufacturers to keep records of production of certain grape extract
39P. Wine manufacturers to keep records of sales of certain grape extract
39Q. Wine manufacturers to keep records of disposal of certain grape extract
39R. Wine manufacturers to keep records of transfers of certain grape extract
39S. Making of records
39T. Records to relate to a winery
39U. Keeping of records
39V. Record of person
39W. Characteristics to be recorded
39X. Record of variety
39Y. Record of geographical indication
39Z. Record of blends etc.
39ZAAA.Offences in relation to record-keeping
39ZAA.Corporation may require records
39ZAB.Failure to comply with section 39ZAA notice
39ZAC.Corporation may retain records
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 3—Inspection


39ZA. Appointment of inspectors
39ZB. Identity cards
39ZC. Monitoring powers of inspectors—exercised with consent
39ZD. Monitoring warrants
39ZE. Offence powers of inspectors—exercised with consent
39ZF. Offence related warrants
39ZG. Discovery of evidence
39ZH. Power to require persons to answer questions and produce documents
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 4—Use of records and results of inspection


39ZJ. Corporation to assist enforcement of laws on description of wine
39ZK. Proceedings not to lie against Corporation etc.
39ZL. Corporation may assist in relation to levy
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part VIB—Protection of certain names and expressions

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 1—Preliminary


40. Interpretation
40A. Object of Part
40B. Additional operation of Part
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 2—Provisions relating to sale, export or import of wine


40C. Sale, export or import of wine with a false description and presentation
40D. Meaning of false description and presentation
40E. Sale, export or import of wine with a misleading description and presentation
40F. Meaning of misleading description and presentation
40G. Sale, export or import of wine in contravention of certain registered conditions
40H. Blending requirements, oenological practices and processes and compositional or other requirements
40J. Exception for certain wines
40K. Prosecution of offences
40L. Injunctions
40M. Application of national food standards to wines imported from agreement countries
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 3—Establishment, function and powers of Geographical
Indications Committee


40N. Establishment of Committee
40P. Function and powers of Committee
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 4—Australian geographical indications


AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Subdivision A—What this Division is about


40PA. What this Division is about
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Subdivision B—Powers of Committee to determine geographical
indications


40Q. Power of Committee to determine geographical indications
40QA. Committee must await decisions under Subdivision D
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Subdivision C—Applications for determinations of geographical
indications


40R. Applications for determinations
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Subdivision D—Objections to determination of geographical
indications based on pre-existing trade mark rights


40RA. Notice to be given of proposed geographical indication
40RB. Grounds of objection to the determination of a geographical indication
40RC. Consideration of objections
40RD. Notice to be given of decision
40RE. Decision that ground of objection no longer exists
40RF. Appeals
40RG. Decisions made under this Division not to affect rights under Trade Marks Act
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Subdivision E—Determinations of geographical indications


40SA. When may a determination be made under this Subdivision?
40S. Consultation by the Committee
40T. Making of determinations
40U. Interim determination
40V. Publication of notice of interim determination
40W. Final determination
40X. Publication of notice of final determination
40Y. Review of final determination
40Z. Date of effect of final determination
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 4A—Omission of registered geographical indications


AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Subdivision A—What this Division is about


40ZAA.What this Division is about
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Subdivision B—Omission of Australian GIs for non-use


40ZAB.Power of Committee to determine that an Australian GI should be omitted from the Register
40ZAC.Application
40ZAD.Further information concerning an application
40ZAE.Notice by Committee
40ZAF.Determination by Committee
40ZAG.Notice of determination
40ZAH.AAT review of a determination
40ZAI.Date of effect of determination to omit GI
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Subdivision C—Omission of Australian GIs because no longer required


40ZAJ.Application
40ZAK.Further information concerning an application
40ZAL.Notice by Committee
40ZAM.Meaning of interested person
40ZAN.Determination by Committee
40ZAO.Notice of determination
40ZAP.Date of effect of determination to omit Australian GI
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 5—Register of Protected Names


40ZA. Registrar
40ZB. Functions of Registrar
40ZC. Register of Protected Names
40ZD. Contents of Register
40ZE. Inspection of Register
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Division 6—Inspection


40ZF. Inspection powers
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part VII—Miscellaneous

41A. Remuneration and allowances of members of Corporation etc.
42. Corporation may require information
43. Delegation
44. Offences in relation to export of grape products
44AA. Time for bringing prosecutions
44A. Conduct by directors, servants or agents
45. Operation of certain laws not restricted
46. Regulations
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Part VIII—Repeal of certain Acts and consequent transitional
provisions

47. Interpretation
49. Rights etc. of Board to vest in Corporation etc.
50. Instrument etc. not liable to stamp duty etc.
51. Application of moneys of Corporation
52. Moneys to be paid to Corporation in respect of levy etc.
53. Employees of Board
54. Report on operations of Board
55. Regulations
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Schedule—Administrative provisions relating to the Geographical Indications Committee

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
Notes to the Australian Wine and Brandy Corporation Act 1980

Table A

Table B

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