قانون تعديل الشركة الأسترالية للنبيذ و'براندي' لعام 1993, أستراليا, WIPO Lex

النصوص الرئيسية

بالإنكليزية Australian Wine and Brandy Corporation Amendment Act 1993

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93, 1993
TABLE OF PROVISIONS
AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993
"PART VIB-PROTECTION OF CERTAIN NAMES AND EXPRESSIONS
SCHEDULE

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93, 1993

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

TABLE OF PROVISIONS

PART 1-PRELIMINARY

Section

1. Short title etc.

2. Commencement

3. Objects

4. Interpretation

5. Insertion of new section:

4A. Extension to external Territories

6. Insertion of new sections:

5B. Declared wine grape growers organisation

5C. Meaning of "description and presentation"

5D. Where wine originates

7. Powers of Corporation

8. Deputy Chairperson

9. Insertion of new section:

29AA. Interpretation

10. Heading

11. Directions to Corporation and Geographical Indications

Committee

12. Application of money of Corporation

13. Application of Division 2 of Part XI of the Audit Act

14. Interpretation

15. Insertion of new section:

39EA. Time for bringing prosecutions

16. Repeal of section and substitution of new section:

39S. Making of records

17.: Insertion of new Part:

PART VIB-PROTECTION OF CERTAIN NAMES AND EXPRESSIONS

Division 1-Preliminary

40. Interpretation

40A.Object of Part

40B.Additional operation of Part

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

Division 3-Establishment, function and powers of

Geographical Indications Committee

40N.Establishment of Committee

40P.Function and powers of Committee

Division 4-Australian geographical indications

40Q.Power of Committee to determine geographical indications

40R.Applications for determinations

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

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

18. Remuneration and allowances of members of Corporation etc.

19. Repeal of section 48

20. Additional amendments

21. Repeal of Schedule and substitution of new Schedule:

SCHEDULE

SCHEDULE TO BE INSERTED IN PRINCIPAL ACT

ADMINISTRATIVE PROVISIONS RELATING TO THE GEOGRAPHICAL

INDICATIONS COMMITTEE

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

LONG TITLE

An Act to amend the Australian Wine and Brandy Corporation

Act 1980, and for related purposes

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 1

Short title etc.

(Assented to 16 December 1993)

1.(1) This Act may be cited as the Australian Wine and Brandy Corporation

Amendment Act 1993.

(2) In this Act, "Principal Act" means the Australian Wine and Brandy

Corporation Act 1980.*1*

(Minister's second reading speech made in-

House of Representatives on 29 September 1993

Senate on 28 October 1993)

*1* No. 161, 1980, as amended. For previous amendments, see No. 48, 1982; Nos.

72 and 165, 1984; No. 65, 1985; No. 60, 1986; No. 51, 1988; No. 144, 1989;

No. 26, 1991; and No. 137, 1992.

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 2

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 3

Objects

3. Section 3 of the Principal Act is amended:

(a) by adding "and" at the end of each of paragraphs (1)(a), (b) and (d);

(b) by inserting after paragraph (1)(d) the following paragraphs:

"(e) to enable Australia to fulfil its obligations under prescribed

wine-trading agreements; and

(f) for the purpose of achieving any of the objects set out in the preceding

paragraphs:

(i) to determine the boundaries of the various regions and

localities in Australia in which wine is produced; and

(ii) to give identifying names to those regions and localities; and

(iii) to determine the varieties of grapes that may be used in the

manufacture of wine in Australia;".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 4

Interpretation

4. Section 4 of the Principal Act is amended:

(a) by omitting from subsection (1) the definitions of "Committee" and

"Presiding Member";

(b) by omitting from the definition of "prescribed goods" in subsection (1)

"being grapes or grape juice produced in Australia;";

" 'agreement country' means:

(a) if an agreement relating to trade in wine is in force between the

European Economic Community and Australia-an EC country; and

(b) if an agreement relating to trade in wine is in force between a foreign

country (other than an EC country) and Australia and is declared by the

regulations to be a prescribed wine-trading agreement-that foreign country;

'Australia' includes all the external Territories;

'blending requirements' means requirements relating to the blending of wines

of different varieties, geographical indications or vintages, or any

combination of the above;

'corporation', in Part VIB, means a body corporate that:

(a) is a foreign corporation within the meaning of paragraph 51(xx) of the

Constitution; or

(b) is a trading corporation within the meaning of that paragraph that is

formed within the limits of Australia; or

'declared wine grape growers organisation' means an organisation in relation

to which a declaration is in force under section 5B;

'description', in relation to wine, has a meaning affected by section 5C;

'EC country' means a country that is a member of the European Economic

Community;

'export' means export from Australia;

'geographical indication', in relation to wine, means:

(a) a word or expression used in the description and presentation of the

wine to indicate the country, region or locality in which the wine originated;

(b) a word or expression used in the description and presentation of the

wine to suggest that a particular quality, reputation or characteristic of the

wine is attributable to the wine having originated in the country, region or

locality indicated by the word or expression;

'modify', in relation to oenological practices and processes, or

compositional or other requirements, includes:

(a) add one or more practices or processes, or compositional or other

requirements; and

(b) vary any one or more of the practices or processes, or of the

compositional or other requirements; and

compositional or other requirements;

'national food standard' means a national standard within the meaning of the

Imported Food Control Act 1992;

'organisation' means any body of persons, whether a body corporate or an

unincorporated body;

'originate', in relation to wine, has the meaning given by section 5D;

'presentation', in relation to wine, has a meaning affected by section 5C;

'prescribed wine-trading agreement' means:

(a) an agreement relating to trade in wine that is in force between the

European Economic Community and Australia; or

(b) an agreement relating to trade in wine that is in force between a

foreign country (other than an EC country) and Australia and is declared by

the regulations to be a prescribed wine-trading agreement;

'Register' means the Register of Protected Names kept under section 40ZC;

'registered' means included in the Register;

'registered ancillary protected expression' means a word or expression,

other than a geographical indication or traditional expression, that is

included in the Register in relation to a particular country;

'registered condition', in relation to:

(a) a geographical indication, a traditional expression, or any other word

or expression, relating to wine; or

(b) a variety of grapes for use in the manufacture of wine in Australia;

means a condition included in the Register that is applicable to the

geographical indication, traditional expression or other word or expression,

or is applicable to the description and presentation of wine manufactured

from, or from grapes that include, that variety of grapes, as the case may

be;

'registered geographical indication' means a geographical indication that is

included in the Register in relation to a particular country;

'registered traditional expression' means a traditional expression that is

included in the Register in relation to a particular country;

'registered variety of grapes' means a variety of grapes that is included in

the Register;

'Registrar' means the Registrar of Protected Names;

'Selection Committee' means the Australian Wine and Brandy Corporation

Selection Committee;

'sell' includes offer, expose or advertise for sale;

'traditional expression', in relation to wine, means a word or expression

used in the description and presentation of the wine to refer to the method of

production, or to the quality, colour or type, of the wine;

'wine' means an alcoholic beverage produced by the complete or partial

fermentation of fresh grapes or products derived solely from fresh grapes, or

both;";

(d) by adding at the end the following subsection:

"(3) If a prescribed wine-trading agreement is in force between the European

Economic Community and Australia, each EC country is taken, for the purposes

of this Act, to be a party to the agreement.".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 5

Insertion of new section

5. After section 4 of the Principal Act the following section is inserted:

Extension to external Territories

"4A. This Act extends to all the external Territories.".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 6

Insertion of new sections

6. The following sections are inserted in Part I of the Principal Act after

section 5A:

Declared wine grape growers organisation

"5B. If the Minister considers that an organisation is a national

organisation that is representative of growers of wine grapes, the Minister

may, by notice published in the Gazette, declare the organisation to be a

declared wine grape growers organisation.

Meaning of "description and presentation"

"5C. In this Act, a reference to the description and presentation with which

wine is sold, exported or imported is a reference to all names (including

business names) or other descriptions, references (including addresses),

signs, designs and trade marks used to distinguish the wine and appearing:

(a) on the container (including on the device used to seal the container or

on a label affixed to the container), on any tag attached to the container or,

if the container is a bottle, on the sheathing covering the neck of the

bottle; or

(b) on protective wrappings (such as papers and straw envelopes of all

kinds), cartons and cases used in the packaging of the wine or the transport

of the wine; or

commercial documents (for example, invoices or delivery notes) relating to the

sale or transport of the wine; or

(d) in advertisements relating to the wine.

Where wine originates

"5D. For the purposes of this Act:

(a) a wine is taken to have originated in a foreign country or Australia

only if the wine is made within the territory of that country or of Australia,

as the case may be; and

(b) a wine is taken to have originated in a particular region or locality of

a foreign country or of Australia only if the wine is made from grapes grown

in that region or locality.".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 7

Powers of Corporation

7. Section 8 of the Principal Act is amended:

(a) by inserting before paragraph (2)(a) the following paragraphs:

"(aa) to determine any conditions that are to be applicable to registered

geographical indications in relation to wines manufactured in Australia or an

agreement country; and

(ab) to determine any conditions that are to be applicable to registered

traditional expressions in relation to wines manufactured in Australia or an

agreement country; and

(ac) to determine any conditions that are to be applicable to registered

ancillary protected expressions in relation to wines manufactured in Australia

or an agreement country; and

(ad) to determine any geographical indications or traditional expressions

that are to be registered in relation to a foreign country that is not an

agreement country and to determine any conditions that are to be applicable to

those indications or expressions; and

(ae) to determine the varieties of grapes from which wine may be

manufactured in Australia and to determine any conditions that are to be

applicable to the description and presentation of wine manufactured from

grapes of those varieties; and";

(b) by adding "and" at the end of paragraphs (2)(a), (b), (c), (d), (e) and

(f);

"(2A) A determination under paragraph (2)(aa), (ab), (ac), (ad) or (ae) is

to be in writing under the Corporation's common seal.

"(2B) When the Corporation makes a determination referred to in subsection

(2A), the Chairperson must cause a notice stating that the determination has

been made and setting out the terms of the determination to be published in

any manner that the Corporation thinks appropriate.

"(2C) The notice must include a statement to the effect that:

(a) subject to the Administrative Appeals Tribunal Act 1975, application may

be made, by or on behalf of any person whose interests are affected by the

determination, to the Administrative Appeals Tribunal for review of the

determination; and

(b) unless subsection 28(4) of that Act applies, application may be made in

accordance with section 28 of that Act by or on behalf of the person for a

statement in writing setting out the findings on material questions of fact,

referring to the evidence or other material on which those findings were based

and giving the reasons for the determination.

"(2D) Any failure to comply with subsection (2C) in relation to a

determination does not affect the validity of the determination.

"(2E) Application may be made to the Administrative Appeals Tribunal for

review of a determination.

"(2F) Section 29 of the Administrative Appeals Tribunal Act 1975 has effect

in relation to an application for review of a determination as if the

following subsections were inserted after subsection (1):

'(1A) Despite paragraph (1)(d) and subsection (2), an application to the

Tribunal for review of a determination made under paragraph 8(2)(aa), (ab),

(ac), (ad) or (ae) of the Australian Wine and Brandy Corporation Act 1980 must

be made within 28 days after notice of the determination is published in

accordance with subsection 8(2B) of that Act.

'(1B) Despite subsection (8), an application under subsection (7) in respect

of a determination under paragraph 8(2)(aa), (ab), (ac), (ad) or (ae) of the

Australian Wine and Brandy Corporation Act 1980 must be made before the time

fixed by subsection (1A) ends.'.

"(2G) The Chairperson must give a copy of the determination to the Registrar

so that particulars of the determination can be included in the Register:

(a) if an application is duly made to the Administrative Appeals Tribunal

for review of the determination-as soon as practicable after the decision of

the Tribunal on the review is given; or

(b) otherwise-as soon as practicable after the 28th day after notice of the

determination is published in accordance with subsection (2B).

"(2H) The determination takes effect on the day on which particulars of the

determination are included in the Register.".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 8

Deputy Chairperson

8. Section 15 of the Principal Act is amended by inserting in subsection (2)

"of the Selection Committee" after "Presiding Member".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 9

Insertion of new section

9. The following section is inserted in Part IVA of the Principal Act before

section 29A:

Interpretation

"29AA. In this Part:

'Committee' means the Australian Wine and Brandy Corporation Selection

Committee;

'Presiding Member' means the Presiding Member of the Committee.".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 10

Heading

10. The heading to section 29P of the Principal Act is amended by omitting

"Determination" and substituting "Termination".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 11

Directions to Corporation and Geographical Indications Committee

11. Section 31K of the Principal Act is amended by adding at the end the

following subsections:

"(6) This section applies in relation to the Geographical Indications

Committee in the same way as it applies in relation to the Corporation.

"(7) For the purposes of this section as it so applies in relation to the

Geographical Indications Committee:

(a) references (other than the reference in paragraph (5)(c)) to the

Corporation are taken to be references to that Committee; and

(b) the reference in subsection (3) to the Chairperson is taken to be a

reference to the Presiding Member of that Committee.".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 12

Application of money of Corporation

12. Section 35 of the Principal Act is amended:

(a) by inserting in paragraph (aa) "Selection" before "Committee" (wherever

occurring);

(b) by inserting in paragraph (aa) "of the Selection Committee" after

"Presiding Member".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 13

Application of Division 2 of Part XI of the Audit Act

13. Section 38 of the Principal Act is amended by adding at the end the

following subsection:

"(4) The report prepared by the Corporation of its operations during a year

must include a report of the operations of the Geographical Indications

Committee during the year and must set out all final determinations of

geographical indications made by the Committee during the year.".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 14

Interpretation

14. Section 39C of the Principal Act is amended by omitting the definition

of "region of origin".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 15

Insertion of new section

15.(1) After section 39E of the Principal Act the following section is

inserted in Division 1 of Part VIA:

Time for bringing prosecutions

"39EA. Despite section 15B of the Crimes Act 1914, a prosecution for an

offence against section 39ZAAA may be brought at any time within 7 years after

the requirement to make the relevant record arose.".

(2) Section 39EA of the Principal Act as amended by this Act applies only in

relation to requirements to make records that arise after the commencement of

this section.

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 16

Repeal of section and substitution of new section

16. Section 39S of the Principal Act is repealed and the following section

is substituted:

Making of records

"39S.(1) A requirement of this Division to make a record is a requirement to

make the record not later than 3 months after the happening of the event,

circumstance or state of affairs required to be recorded.

"(2) A reference in this Part to the time when a requirement to make a

record arose is a reference to the end of the period of 3 months that, under

subsection (1), is applicable to the requirement.".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 17

Insertion of new Part

17. The following Part is inserted in the Principal Act after Part VIA:

"PART VIB-PROTECTION OF CERTAIN NAMES AND EXPRESSIONS

"Division 1-Preliminary

Interpretation

"40. In this Part:

'Committee' means the Geographical Indications Committee.

Object of Part

"40A. The object of this Part is to regulate the sale, export and import of

wine:

(a) for the purpose of enabling Australia to fulfil its obligations under

prescribed wine-trading agreements; and

(b) for certain other purposes for which the Parliament has power to make

laws;

and this Part is to be interpreted and administered accordingly.

Additional operation of Part

"40B.(1) Without prejudice to its effect apart from this subsection, this

Part also has the effect that it would have if any reference to a person were

a reference to a corporation.

"(2) Without prejudice to its effect apart from this subsection, this Part

also has the effect that it would have if any reference to trade or commerce

were, by express provision, confined to trade or commerce:

(a) between Australia and places outside Australia; or

(b) among the States; or

(d) between a State and a Territory; or

(e) between 2 Territories.

"Division 2-Provisions relating to sale, export or import of wine

Sale, export or import of wine with a false description and

presentation

"40C.(1) A person must not, in trade or commerce, knowingly sell wine with a

false description and presentation.

"(2) A person must not, in trade or commerce, knowingly export wine with a

false description and presentation.

"(3) A person must not, in trade or commerce, knowingly import wine with a

false description and presentation.

"(4) It is not a defence to a prosecution for an offence against subsection

(1), (2) or (3) that the description and presentation indicated the country,

region or locality, as the case may be, in which the wine originated.

Penalty: Imprisonment for 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an

appropriate fine instead of, or in addition to, a term of imprisonment. If,

as is the case for an offence against section 40C, the maximum term of

imprisonment is 2 years, the maximum fine that may be imposed is 120 penalty

units. The current value of a penalty unit is fixed by section 4AA of that

Act. If a body corporate is convicted of the offence, subsection 4B(3) of that

Act allows a court to impose a fine of an amount that is not greater than 5

times the maximum fine that could be imposed by the court on an individual

convicted of the same offence.

Meaning of "false description and presentation"

"40D.(1) This section has effect for the purposes of section 40C.

"(2) Subject to this section, the description and presentation of wine is

false if:

(a) it includes the name of a country, or any other indication that the wine

originated in a particular country, and the wine did not originate in that

country; or

(b) it includes a registered geographical indication and the wine did not

originate in a country, region or locality in relation to which the

geographical indication is registered; or

originate in a country, region or locality in relation to which the expression

is registered; or

(d) it includes a registered ancillary protected expression and the wine did

not originate in a country, region or locality in relation to which the

expression is registered.

"(3) Subsection (2) does not limit what, apart from that subsection, is a

false description and presentation of wine.

"(4) For the purposes of subsection (2), a registered geographical

indication, a registered traditional expression or a registered ancillary

protected expression is taken to be included in the description and

presentation of wine even if the indication or expression is accompanied by

another word or expression such as 'kind', 'type', 'style', 'imitation' or

'method', or any similar word or expression.

"(5) If:

(a) the description and presentation of wine includes a word or expression

that is a registered geographical indication, a registered traditional

expression, or a registered ancillary protected expression, in relation to a

country, region or locality; and

(b) the wine originated in that country, region or locality; and

that country, region or locality;

the description and presentation is not false merely because the word or

expression included in the description and presentation is also a registered

geographical indication, a registered traditional expression, or a registered

ancillary protected expression, in relation to another country, region or

locality.

"(6) The description and presentation of wine is not false merely because it

includes:

(a) the name of an individual who manufactured, sold, exported or imported

the wine; or

(b) if an individual who manufactured, sold, exported or imported the wine

lawfully carries on business under the name of another individual who

previously carried on the business-the name of that other individual; or

Sale, export or import of wine with a misleading description and presentation

"40E.(1) A person must not, in trade or commerce, knowingly sell wine with a

misleading description and presentation.

"(2) A person must not, in trade or commerce, knowingly export wine with a

misleading description and presentation.

"(3) A person must not, in trade or commerce, knowingly import wine with a

misleading description and presentation.

Penalty: Imprisonment for 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an

appropriate fine instead of, or in addition to, a term of imprisonment. If, as

is the case for an offence against section 40E, the maximum term of

imprisonment is 2 years, the maximum fine that may be imposed is 120 penalty

units. The current value of a penalty unit is fixed by section 4AA of that

Act. If a body corporate is convicted of the offence, subsection 4B(3) of that

Act allows a court to impose a fine of an amount that is not greater than 5

times the maximum fine that could be imposed by the court on an individual

convicted of the same offence.

Meaning of "misleading description and presentation"

"40F.(1) This section has effect for the purposes of section 40E.

"(2) Subject to subsection (7), the description and presentation of wine is

misleading if:

(a) it includes a registered geographical indication, a registered

traditional expression or a registered ancillary protected expression; and

(b) the indication or expression is used in such a way in the description

and presentation as to be likely to mislead as to the country, region or

locality in which the wine originated.

"(3) Subject to subsection (7), the description and presentation of wine is

misleading if:

(a) it includes a translation of a registered geographical indication, of a

registered traditional expression or of a registered ancillary protected

expression; and

(b) the inclusion of the translation is likely to mislead as to the country,

region or locality in which the wine originated.

"(4) Subject to subsection (7), the description and presentation of wine is

misleading if:

(a) it includes a word or expression that so resembles a registered

geographical indication, a registered traditional expression or a registered

ancillary protected expression as to be likely to be mistaken for the

registered geographical indication, the registered traditional expression or

the registered ancillary protected expression, as the case may be; and

(b) the wine did not originate in the country, region or locality in

relation to which the indication or expression is registered.

"(5) The description and presentation of wine is misleading if:

(a) it includes:

(i) the name of an individual who manufactured, sold, exported or

imported the wine; or

(ii) if an individual who manufactured, sold, exported or imported

the wine lawfully carried on business under the name of another individual who

previously carried on the business-the name of that other individual; or

(iii) the name or address of the winery at which the wine was

manufactured; and

(b) the name or address, as the case may be, is used in such a way in the

description and presentation as to be likely to mislead as to the country,

region or locality in which the wine originated.

"(6) Subsections (2), (3), (4) and (5) do not limit what, apart from those

subsections, is a misleading description and presentation of wine.

"(7) If:

(a) the description and presentation of wine includes a word or expression

that:

(i) is a registered geographical indication, a registered

traditional expression, or a registered ancillary protected expression, in

relation to a country, region or locality; or

(ii) is a translation of an indication or expression referred to in

subparagraph (i); or

(iii) resembles an indication or expression referred to in

subparagraph (i); and

(b) the wine originated in that country, region or locality; and

that country, region or locality; the description and presentation is not misleading merely because the indication or expression referred to in subparagraph (a)(i) is also registered

in relation to another country, region or locality.

Sale, export or import of wine in contravention of certain registered

conditions

"40G.(1) If any registered conditions are applicable to a registered

geographical indication, a registered traditional expression or a registered

ancillary protected expression, a person must not, in trade or commerce, sell,

export or import wine with a description and presentation that includes that

geographical indication, traditional expression or ancillary protected

expression and does not comply with those conditions if the person knows:

(a) that the wine is sold, exported or imported with that description and

presentation; and

(b) that the description and presentation does not comply with those

conditions.

"(2) If a variety or varieties of grapes are included in the Register, a

person must not, in trade or commerce, sell or export wine manufactured in

Australia if the person knows that the wine is not manufactured exclusively

from grapes of that variety or one or more of those varieties.

"(3) If:

(a) a variety of grapes is included in the Register; and

(b) any registered conditions are applicable to the description and

presentation of wine manufactured from, or from grapes that include, that

variety of grapes;

a person must not, in trade or commerce, sell or export wine that is

manufactured in Australia from, or from grapes that include, that variety of

grapes and the description and presentation of which does not comply with

those conditions if the person knows:

include, that variety of grapes; and

(d) that the wine is sold or exported with that description and

presentation; and

(e) that the description and presentation does not comply with those

conditions.

"(4) For the purposes of establishing a contravention of subsection (1), (2)

or (3), if, having regard to:

(a) a person's abilities, experience, qualifications and other attributes;

and

(b) all the circumstances surrounding the alleged contravention of that

subsection;

the person ought reasonably to have known a particular matter referred to in

that subsection, the person is taken to have known that matter.

Penalty: Imprisonment for 1 year.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an

appropriate fine instead of, or in addition to, a term of imprisonment. If,

as is the case for an offence against section 40G, the maximum term of

imprisonment is 1 year, the maximum fine that may be imposed is 60 penalty

units. The current value of a penalty unit is fixed by section 4AA of that

Act. If a body corporate is convicted of the offence, subsection 4B(3) of that

Act allows a court to impose a fine of an amount that is not greater than 5

times the maximum fine that could be imposed by the court on an individual

convicted of the same offence.

Blending requirements, oenological practices and processes and compositional

or other requirements

"40H.(1) If the regulations make provision for or in relation to blending

requirements applicable to the manufacture of wine, a person must not, in

trade or commerce, sell, export or import wine to which those blending

requirements are applicable if the person knows that the wine was not

manufactured in accordance with those requirements.

"(2) If the regulations make provision for or in relation to oenological

practices or processes, or compositional or other requirements, applicable to

the manufacture of wine in Australia, a person must not, in trade or commerce,

knowingly export wine to which those practices or processes, or those

compositional or other requirements, are applicable if the person knows that

the wine was not manufactured in accordance with those practices or processes,

or those compositional or other requirements, as the case may be.

"(3) For the purposes of establishing a contravention of subsection (1) or

(2), if, having regard to:

(a) a person's abilities, experience, qualifications and other attributes;

and

(b) all the circumstances surrounding the alleged contravention of that

subsection;

the person ought reasonably to have known a particular matter referred to in

that subsection, the person is taken to have known that matter.

Penalty: Imprisonment for 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an

appropriate fine instead of, or in addition to, a term of imprisonment. If,

as is the case for an offence against section 40H, the maximum term of

imprisonment is 2 years, the maximum fine that may be imposed is 120 penalty

units. The current value of a penalty unit is fixed by section 4AA of that

Act. If a body corporate is convicted of the offence, subsection 4B(3) of that

Act allows a court to impose a fine of an amount that is not greater than 5

times the maximum fine that could be imposed by the court on an individual

convicted of the same offence.

Exception for certain wines

"40J.(1) In this section:

'small quantities', in relation to wines, means quantities declared by the

regulations to be small quantities of wines for the purposes of this section;

'the offence provisions' means subsections 40C(1), (2) and (3), section 40E

and subsections 40G(1), (2) and (3) and 40H(1) and (2).

"(2) The offence provisions do not apply in relation to wines manufactured

before the commencement of this Part.

"(3) The offence provisions do not apply in relation to wines that are in

transit through Australia.

"(4) The offence provisions do not apply in relation to wines that:

(a) originate in Australia or an agreement country; and

(b) are consigned in small quantities between Australia and an agreement

country under the conditions, and in accordance with the procedures,

prescribed by the regulations.

"(5) The regulations may exempt wines referred to in the regulations from

the operation of any one or more of the offence provisions, either generally

or for such periods, in such circumstances, and subject to such conditions, as

are set out in the regulations.

Prosecution of offences

"40K.(1) To avoid doubt, it is declared that any of the following may

institute a proceeding for an offence against section 40C, 40E, 40G or 40H:

(a) the Corporation;

(b) a person engaged in the manufacture of wine or the growing of wine

grapes in Australia or in an agreement country;

agreement country whose objects or purposes include any of the following:

(i) the promotion of the manufacture of wine, the growing of wine

grapes or the marketing of wine;

(ii) the promotion or protection of the interests of persons

engaged in the manufacture of wine, the growing of wine grapes or the

marketing of wine;

(iii) the promotion or protection of the interests of consumers of

wine.

"(2) This section does not limit the operation of section 13 of the Crimes

Act 1914.

Injunctions

"40L.(1) If a person has engaged, is engaging or proposes to engage in any

conduct in contravention of this Division, the Federal Court of Australia may

grant an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if the Court thinks it desirable to do so-requiring the person to do a

particular act.

"(2) An application for an injunction may be made by, or on behalf of, an

interested person.

"(3) The following are interested persons for the purposes of subsection

(2):

(a) the Corporation;

(b) a declared wine makers organisation;

(d) a person who is a manufacturer of wine, or a grower of wine grapes, in

Australia or an agreement country;

(e) an organisation established under the law of Australia or of an

agreement country whose objects or purposes include any of the following:

(i) the promotion of the manufacture of wine, the growing of wine

grapes or the marketing of wine;

(ii) the promotion or protection of the interests of persons

engaged in the manufacture of wine, the growing of wine grapes or the

marketing of wine;

(iii) the promotion or protection of the interests of consumers of

wine.

"(4) The Court may grant an interim injunction pending a determination of an

application for an injunction.

"(5) The Court may discharge or vary an injunction granted under this

section.

"(6) The power of the Court to grant an injunction restraining a person from

engaging in conduct may be exercised:

(a) whether or not it appears to the Court that the person intends to engage

again, or to continue to engage, in conduct of that kind; and

(b) whether or not the person has previously engaged in conduct of that

kind.

"(7) The powers conferred on the Federal Court of Australia by this section

are in addition to, and not in derogation of, any other powers of the Court.

Application of national food standards to wines imported from agreement

countries

"40M.(1) A national food standard applying to wine has effect in relation to

wine that originated in an agreement country as if any requirement in the

standard to comply with particular oenological practices or processes, or

compositional or other requirements, in relation to wine were replaced by a

requirement to comply with:

(a) subject to paragraph (b), the oenological practices and processes, and

the compositional and other requirements, set out in the prescribed

wine-trading agreement to which Australia and that country are parties; or

(b) if that agreement has been amended so as to modify any of those

practices or processes or compositional or other requirements - those

practices or processes, or compositional or other requirements, as so modified

from time to time.

"(2) The Minister may suspend the operation of this section in relation to

wine of a particular kind or description if the Minister is satisfied that

there are reasonable grounds for believing that continued compliance with an

oenological practice or process, or a compositional or other requirement, that

was used in the manufacture of the wine would endanger human health.

"(3) A suspension under subsection (2):

(a) must be by written notice signed by the Minister and published in the

Gazette; and

(b) takes effect on a day stated in the notice that is not earlier than the

day following the date of publication; and

"Division 3-Establishment, function and powers of Geographical

Indications Committee

Establishment of Committee

"40N. A committee to be known as the Geographical Indications Committee is

established.

Function and powers of Committee

"40P.(1) The function of the Committee is to make determinations of

geographical indications for wine in relation to regions and localities in

Australia.

"(2) The Committee has power to do all things that are necessary or

convenient to be done by, or in connection with, the performance of its

function.

"Division 4-Australian geographical indications

Power of Committee to determine geographical indications

"40Q.(1) The Committee may, either on its own initiative or on an

application made to it in accordance with section 40R, determine a

geographical indication in relation to a region or locality in Australia.

"(2) A determination by the Committee is to be in writing signed by the

Presiding Member of the Committee.

Applications for determinations

"40R. Any of the following may apply in writing to the Committee for the

determination of a geographical indication in relation to a region or locality

in Australia:

(a) a declared winemakers organisation;

(b) a declared wine grape growers organisation;

(d) an organisation representing growers of wine grapes in a State or

Territory;

(e) a winemaker;

(f) a grower of wine grapes.

Consultation by the Committee

"40S. In determining a geographical indication, the Committee:

(a) must consult any declared winemakers organisation and any declared wine

grape growers organisation; and

(b) may consult any other organisations or persons it thinks appropriate.

Making of determinations

"40T.(1) In determining a geographical indication, the Committee must:

(a) identify in the determination the boundaries of the area or areas in the

region or locality to which the determination relates; and

(b) determine the word or expression to be used to indicate that area or

those areas.

"(2) If the regulations prescribe criteria for use by the Committee in

determining a geographical indication, the Committee is to have regard to

those criteria.

"(3) When making a determination as a result of an application, the

Committee may do either or both of the following:

(a) determine an area or areas having boundaries different from those stated

in the application;

(b) determine a word or expression to be used to indicate the area or areas

constituting the geographical indication that is different from a word or

expression proposed in the application.

Interim determination

"40U.(1) A determination by the Committee is to be an interim determination

in the first instance.

"(2) An interim determination does not have effect as a determination of a

geographical indication.

Publication of notice of interim determination

"40V.(1) The Presiding Member of the Committee must cause a notice stating

that the interim determination has been made and setting out the terms of the

determination to be published in any manner that the Committee thinks

appropriate.

"(2) The notice must invite persons to make written submissions to the

Committee in relation to the determination within a period of not less than

one month that is stated in the notice.

Final determination

"40W. After considering any submissions made to it, the Committee may make a

final determination.

Publication of notice of final determination

"40X.(1) The Presiding Member must cause a notice stating that a final

determination has been made and setting out the terms of the determination to

be published in any manner that the Committee thinks appropriate.

"(2) The notice must include a statement to the effect that:

(a) subject to the Administrative Appeals Tribunal Act 1975, application may

be made, by or on behalf of any person whose interests are affected by the

determination, to the Administrative Appeals Tribunal for review of the

determination; and

(b) unless subsection 28(4) of that Act applies, application may be made in

accordance with section 28 of that Act by or on behalf of that person for a

statement in writing setting out the findings on material questions of fact,

referring to the evidence or other material on which those findings were based

and giving the reasons for the determination.

"(3) Any failure to comply with subsection (2) in relation to a

determination does not affect the validity of the determination.

Review of final determination

"40Y.(1) Application may be made to the Administrative Appeals Tribunal for

review of a final determination.

"(2) Section 29 of the Administrative Appeals Tribunal Act 1975 has effect

in relation to an application for review of a final determination as if the

following subsections were inserted after subsection (1):

'(1A) Despite paragraph (1)(d) and subsection (2), an application to the

Tribunal for review of a final determination under Part VIB of the Australian

Wine and Brandy Corporation Act 1980 must be made within 28 days after notice

of the determination is published in accordance with section 40X of that Act.

'(1B) Despite subsection (8), an application under subsection (7) in respect

of a final determination under Part VIB of the Australian Wine and Brandy

Corporation Act 1980 must be made before the time fixed by subsection (1A)

ends.'.

Date of effect of final determination

"40Z.(1) The Presiding Member must give a copy of the final determination to

the Registrar so that particulars of the determination can be included in the

(a) if an application is duly made to the Administrative Appeals Tribunal

for review of the determination-as soon as practicable after the decision of

the Tribunal on the review is given; or

(b) otherwise-as soon as practicable after the 28th day after notice of the

determination is published in accordance with section 40X.

"(2) When the Presiding Member gives a copy of a final determination to the

Registrar, the Presiding Member must also give a copy to the Chairperson of

the Corporation.

"(3) A final determination of the Committee takes effect on the day on which

particulars of the determination are included in the Register.

"Division 5-Register of Protected Names

Registrar

"40ZA.(1) There is to be a Registrar of Protected Names.

"(2) The Registrar is to be an employee of the Corporation.

"(3) The Corporation must ensure that, at all times when the person

appointed as Registrar is absent from duty or from Australia or is, for any

other reason, unable to perform the duties of the Registrar, another employee

is appointed to act as Registrar.

Functions of Registrar

"40ZB. The Registrar has the following functions:

(a) to keep the Register of Protected Names;

(b) to enter particulars in the Register in accordance with section 40ZD;

(d) in accordance with the directions of the Committee, to prepare and cause

to be published maps or other documents showing the boundaries of regions and

localities in relation to which geographical indications have been determined

by the Committee;

(e) in accordance with the directions of the Committee, to notify

authorities and organisations in foreign countries of the geographical

indications and traditional expressions included in the Register in relation

to wines manufactured in Australia.

"40ZC.(1) The Registrar is to keep a register to be known as the Register of

Protected Names.

"(2) The Register may be kept wholly or partly by means of a computer.

Contents of Register

"40ZD.(1) The Register is to be divided into the following parts:

(a) a part containing geographical indications in relation to wines

manufactured in Australia and the conditions (if any) applicable to those

indications;

(b) a part containing traditional expressions in relation to wines

manufactured in Australia and the conditions (if any) applicable to those

expressions;

manufactured in an agreement country and the conditions (if any) applicable to

those indications;

(d) a part containing traditional expressions in relation to wines

manufactured in an agreement country and the conditions (if any) applicable to

those expressions;

(e) a part containing words or expressions, other than geographical

indications or traditional expressions, in relation to wines manufactured in

an agreement country and the conditions (if any) applicable to those words or

expressions;

(f) a part containing the names of varieties of grapes for use in the

manufacture of wines in Australia and the conditions (if any) applicable to

the description and presentation of wines manufactured in Australia from

grapes of those varieties;

(g) a part containing geographical indications in relation to wines

manufactured in foreign countries that are not agreement countries and the

conditions (if any) applicable to those indications;

(h) a part containing traditional expressions in relation to wines

manufactured in foreign countries that are not agreement countries and the

conditions (if any) applicable to those traditional expressions.

"(2) The Registrar is to enter in the appropriate part of the Register, in

accordance with the directions of the Corporation, the following particulars:

(a) in relation to Australia-the following geographical indications:

(i) Australia;

(ii) Australian;

(iii) the name of each State and internal Territory;

(iv) each geographical indication determined by the Committee under

Division 4;

and the conditions (if any) applicable to those indications;

(b) in relation to Australia-each word or expression that, under a

prescribed wine-trading agreement, is a traditional expression in relation to

wines manufactured in Australia and the conditions (if any) applicable to

those traditional expressions;

under a prescribed wine-trading agreement to which that country is a party, is

a geographical indication in relation to wines manufactured in that country

and the conditions (if any) applicable to those indications;

(d) in relation to an agreement country-each word or expression that, under

a prescribed wine-trading agreement to which that country is a party, is a

traditional expression in relation to wines manufactured in that country and

the conditions (if any) applicable to those traditional expressions;

(e) in relation to an agreement country-each word or expression (other than

a word or expression to which paragraph (c) or (d) applies) that, under a

prescribed wine-trading agreement to which that country is a party, is

required to be protected in relation to wines manufactured in that country and

the conditions (if any) applicable to those words or expressions;

(f) particulars of varieties of grapes that may be used in the manufacture

of wine in Australia and the conditions (if any) applicable to the description

and presentation of wines manufactured in Australia from grapes of those

varieties;

(g) in relation to a foreign country that is not an agreement

country-geographical indications in relation to wines manufactured in that

country and the conditions (if any) applicable to those indications;

(h) in relation to a foreign country that is not an agreement

country-traditional expressions in relation to wines manufactured in that

country and the conditions (if any) applicable to those expressions.

Inspection of Register

"40ZE.(1) The Registrar must ensure that the Register is available for

inspection at the office of the Registrar by any person during ordinary hours

of business of that office.

"(2) To the extent that the Register is kept by use of a computer,

subsection (1) is complied with by giving members of the public access to a

computer terminal that they can use to inspect the particulars constituting

the Register, either on a screen or in the form of a computer print-out.

"(3) The Registrar may supply a copy of the Register or part of the Register

to a person on payment of the prescribed fee.".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 18

Remuneration and allowances of members of Corporation etc.

18.(1) Section 40 of the Principal Act is renumbered as section 41A.

(2) Section 40 of the Principal Act as renumbered by subsection (1) is

amended by inserting after paragraph (1)(a) the following paragraph:

"(b) a member of the Geographical Indications Committee established by

section 40N; or".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 19

Repeal of section 48

19. Section 48 of the Principal Act is repealed.

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 20

Additional amendments

20. The Principal Act is amended as set out in the following table:

ADDITIONAL AMENDMENTS

Provision amended

Amendment

Section 39A, section 39C (definitions of "different wines", "examinable

document" and "label claim"), paragraphs 39F(c) and 39W(c), section 39Y and

the heading to that section, subsections 39Z(3) and (4) and paragraph

39ZJ(1)(c)

Omit "region of origin" (wherever occurring),

substitute "geographical indication".

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SECT 21

Repeal of Schedule and substitution of new Schedule

21. The Schedule to the Principal Act is repealed and the Schedule set out

in the Schedule to this Act is substituted.

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 -

SCHEDULE

SCHEDULE TO BE INSERTED IN PRINCIPAL ACT

"SCHEDULE

ADMINISTRATIVE PROVISIONS RELATING TO THE GEOGRAPHICAL INDICATIONS

COMMITTEE

Interpretation

"1. In this Schedule:

'Committee' means the Geographical Indications Committee;

'member' means the Presiding Member or a nominated member of the

Committee;

'nominated member' means a member of the Committee referred to in

paragraph 2(1)(b) or (c);

'Presiding Member' means the Presiding Member of the Committee.

Membership of Committee

"2.(1) The Committee is to consist of 3 members as follows:

(a) a Presiding Member appointed by the Chairperson of the

Corporation in accordance with a resolution of the Corporation;

(b) one member appointed by the Chairperson of the Corporation on the

nomination of a declared winemakers organisation;

nomination of a declared wine grape growers organisation.

"(2) The members of the Committee are to be appointed on a part-time

basis.

"(3) The appointment of a member of the Committee is not ineffective

only because of a defect or irregularity in, or in connection with, the

member's nomination or appointment.

"(4) The exercise of a power, or the performance of a function, by

the Committee is not ineffective only because there is one vacancy in

the membership of the Committee.

Acting Presiding Member

"3.(1) The Chairperson of the Corporation may appoint a person to act

as the Presiding Member:

(a) during a vacancy in the office of Presiding Member (whether or

not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when the Presiding

Member is absent from Australia or is, for any other reason, unable to

perform the functions of the Presiding Member.

"(2) Nothing done by or in relation to a person purporting to act

under this section is ineffective on any one or more of the following

grounds:

(a) the occasion for the person's appointment to act had not arisen;

(b) there is a technical defect or irregularity in connection with

the person's appointment;

(d) the occasion for the person to act had not arisen or had ceased.

Alternate members of the Committee

"4.(1) The Chairperson of the Corporation may appoint a person who is

not a member of the Committee to be the alternate of a particular

nominated member.

"(2) If a nominated member is absent from a meeting of the Committee,

the member's alternate (if any) is entitled to attend the meeting and,

when so attending, is taken to be a member of the Committee.

"(3) If a person ceases to hold office as a nominated member:

(a) the person (if any) who was the person's alternate immediately

before he or she ceased to hold office is entitled to attend meetings

of the Committee while the office is vacant and, when so attending, is

taken to be a member of the Committee; and

(b) the person is taken to be the alternate of a person appointed to

the vacant office until a new appointment of an alternate is made.

"(4) A person may only be appointed as a nominated member's alternate

if the person has been nominated in writing by the organisation by

which the member was nominated for appointment.

"(5) A person appointed as a member's alternate remains the member's

alternate until the organisation that nominated the person gives the

Chairperson of the Corporation a written nomination of a different

person for appointment as the member's alternate.

"(6) A person may resign an appointment as alternate of a member of a

Committee by giving a signed notice of resignation to the Chairperson

of the Corporation.

Term of office

"5.(1) The Presiding Member holds office for such period of not more

than 3 years as is stated in the document of appointment.

"(2) A member appointed on the nomination of an organisation holds

office until the organisation gives the Chairperson of the Corporation

a written nomination of another person to be appointed in place of the

member.

Resignation

"6. A member may resign his or her appointment by giving a signed

notice of resignation to the Chairperson of the Corporation.

Termination of appointment

"7.(1) The Corporation may terminate the appointment of a member of

the Committee because of misbehaviour or physical or mental incapacity.

"(2) If a member of the Committee:

(a) becomes bankrupt, applies to take the benefit of any law for the

relief of bankrupt or insolvent debtors, compounds with his or her

creditors or makes an assignment of his or her remuneration for their

benefit; or

(b) fails without reasonable excuse to comply with clause 9; or

consecutive meetings of the Committee;

the Corporation must terminate the appointment of the member.

Leave of absence

"8.(1) The Chairperson of the Corporation may grant the Presiding

Member leave of absence from a meeting of a Committee.

"(2) The Presiding Member may grant leave of absence to another

member of a Committee from a meeting of a Committee.

Disclosure of interests by Committee members

"9.(1) A member of the Committee who has a direct or indirect

financial interest in a matter being considered or about to be

considered by the Committee must, as soon as possible after the member

has become aware of the relevant facts, disclose the nature of that

interest at a meeting of the Committee.

"(2) A disclosure under subsection (1) must be recorded in the

minutes of a meeting of the Committee and the member must not, unless

the Corporation or the Committee otherwise determines:

(a) be present during any deliberation of the Committee regarding

that matter; or

(b) take part in any decision of the Committee regarding that matter.

"(3) For the purposes of the making of a determination by the

Committee under subsection (2) in relation to a member who has made a

disclosure under subsection (1), the member must not:

(a) be present during any deliberation of the Committee for the

purpose of making a determination; or

(b) take part in the making of the determination.

"(4) A member of the Committee who is a winemaker or a grower of wine

grapes is not taken to have a financial interest in a matter being

considered, or about to be considered, by the Committee solely because

the member is a winemaker or grower of wine grapes, as the case may be.

Meetings

"10.(1) Meetings of the Committee are to be held at such times and

places as the Committee determines.

"(2) A meeting of the Committee may be convened by the Presiding

Member.

"(3) Two members constitute a quorum at the meeting of the Committee.

"(4) The presiding Member is to preside at all meetings of the

Committee at which he or she is present.

"(5) If the Presiding Member is not present at a meeting of the

Committee, the members of the Committee who are present must elect one

of them to preside at the meeting.

"(6) Subject to subsection (7), a question arising at a meeting of

the Committee is to be decided by a majority of the votes of the

members of the Committee.

"(7) If only 2 members are present at a meeting of the Committee and

those members are unable to agree on a question, the question is to be

deferred until a meeting at which 3 members are present.

"(8) The Committee must keep minutes of its proceedings.

"(9) The minutes must record each decision made by the Committee and

the reasons for the decision.

Staff and consultants

"11.(1) The Corporation must make staff available to provide

administrative assistance for the Committee.

"(2) The Presiding Member may, on behalf of the Corporation, engage

persons with suitable qualifications and experience as consultants to

the Committee.

"(3) The terms and conditions of engagement of consultants are to be

those determined by the Committee with the approval of the Corporation.

Information for inclusion in Corporation's annual report

"12. As soon as practicable after the end of each financial year, the

Committee must give to the Corporation any information relating to the

Committee's operations during that year that the Corporation reasonably

requires for the purpose of preparing a report in relation to that year

under section 63H of the Audit Act 1901.".

قانون تعديل الشركة الأسترالية للنبيذ و'براندي' لعام 1993، أستراليا

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