Ley de la Corporación Australiana del Vino y el Brandy de 1980, Australia

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161, 1980

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - TABLE OF

PROVISIONS

AUSTRALIAN WINE AND BRANDY CORPORATION

ACT 1980

No. 161 of 1980

TABLE OF PROVISIONS

PART I-PRELIMINARY

Section

1. Short title

2. Commencement

3. Objects

4. Interpretation

5. Classes of producers

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, &c.

11. Committees

PART III-CONSTITUTION AND MEETINGS OF THE CORPORATION

12. Nature of Corporation

13. Membership of Corporation

14. Term of office of members

15. Deputy Chairman

16. Elections for office of Deputy Chairman, &c.

17. Deputies of members

18. Leave of absence

19. Resignation of members

20. Termination of appointments

21. Disclosure of interests by members, &c.

22. Meetings of Corporation

PART IV-THE EXECUTIVE COMMITTEE

23. Establishment of Executive Committee

24. Powers and functions of Executive Committee

25. Constitution of Executive Committee

26. Chairman of Executive Committee

27. Term of office of members of Executive Committee

28. Resignation of members of Executive Committee

29. Meetings of Executive Committee

PART V-STAFF

30. Employees

31. Rights of public servants engaged under this Act

PART VI-FINANCE

32. Payments to Corporation

33. Payments by Corporation to Commonwealth

34. Borrowing

35. Application of moneys of Corporation

36. Investment

37. Limit on contracts

38. Application of Division 2 of Part XI of Audit Act

39. Liability to taxation

PART VII-MISCELLANEOUS

40. Remuneration and allowances

41. Indemnity

42. Corporation may require information

43. Delegation

44. Offences in relation to export of grape products

45. Operation of other Acts not affected

46. Regulations

PART VIII-REPEAL OF CERTAIN ACTS AND

CONSEQUENT TRANSITIONAL PROVISIONS

47. Interpretation

48. Repeal of certain Acts

49. Rights, &c., of Board to vest in Corporation, &c.

50. Instrument, &c., not liable to stamp duty, &c.

51. Application of moneys of Corporation

52. Moneys to be paid to Corporation in respect of levy, &c.

53. Employees of Board

54. Report on operations of Board

55. Regulations

SCHEDULE

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 1.

Short title.

AUSTRALIAN WINE AND BRANDY CORPORATION

ACT 1980

No. 161 of 1980

An Act to establish an Australian Wine and Brandy Corporation, and for

related purposes

BE IT ENACTED by the Queen, and the Senate and the House of Representatives

of the Commonwealth of Australia, as follows:

PART I-PRELIMINARY

Short title

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

1980.*1*

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 2.

Commencement

2. (1) Sections 1 and 2 and sub-section 13 (4) shall come into operation on

the date on which this Act receives the Royal Assent.*1*

(2) The remaining provisions of this Act shall come into operation on a date

to be fixed by Proclamation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 3.

Objects

3. (1) The objects of this Act are-

(a) to promote and control the export of grape products from Australia;

(b) to promote and control the sale and distribution, after export, of

Australian grape products;

(c) to promote trade and commerce in grape products among the States,

between States and Territories and within the Territories; and

(d) to improve the production of grape products, and encourage the

consumption of grape products, in the Territories, and this Act shall be

construed and administered accordingly.

(2) The Corporation shall perform its functions or exercise its powers only

for the purpose of achieving an object specified in sub-section (1).

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 4.

Interpretation

4. (1) In this Act, unless the contrary intention appears-

"appoint" includes re-appoint;

"Chairman" means the Chairman of the Corporation;

"commencing date" means the date fixed under sub-section 2 (2);

"commercial producer" means a producer other than a co-operative producer;

"co-operative producer" means a producer that is, or is eligible to become,

a member of the co-operatives organization;

"co-operatives organization" means the organization known as the Wine and

Brandy Co-operative Producers Association of Australia Incorporated or, if

another organization is for the time being prescribed for the purposes of this

definition, that other organization;

"Corporation" means the Australian Wine and Brandy Corporation established

by this Act;

"Deputy Chairman" means the Deputy Chairman of the Corporation;

"dried grapes" means grapes containing less than 60% of moisture;

"elect" includes re-elect;

"election" means an election referred to in sub-section 13 (3);

"Executive Committee" means the Executive Committee of the Corporation

established by this Act;

"firm" means an unincorporated body or association of persons, and includes

the personal representatives, if more than 1, of a deceased person;

"fresh grapes" means grapes containing not less than 60% of moisture;

"grape product" means-

(a) wine manufactured in Australia from prescribed goods;

(b) brandy distilled in Australia from any such wine; or

(c) grape spirit manufactured in Australia from prescribed goods and

suitable for the fortifying of wine or the manufacture of brandy;

"growers organization" means the organization known as the Winegrape

Growers' Council of Australia Incorporated or, if another organization is for

the time being prescribed for the purposes of this definition, that other

organization;

"member" means a member of the Corporation;

"prescribed goods" means-

(a) fresh grapes;

(b) dried grapes; and

(c) grape juice, whether single-strength or concentrated,

being grapes or grape juice produced in Australia;

"producer" means-

(a) a person who is carrying on business in Australia, otherwise than as a

member of a firm; or

(b) a firm that is carrying on business in Australia,

as a manufacturer of a grape product or grape products, but does not include a

person to whom, or a firm to which, sub-section (3) applies;

"year" means a period of 12 months commencing on 1 July.

(2) For the purposes of this Act, a quantity of fresh grapes that is the

fresh grape equivalent of a quantity of prescribed goods other than fresh

grapes used during a year shall be ascertained in the manner in which a

quantity of fresh grapes that is equivalent to a quantity of prescribed goods

of the same kind is required to be ascertained at the end of that year under

the Wine Grapes Levy Act 1979.

(3) Where, during a year, the quantity (if any) of fresh grapes together

with the fresh grape equivalent of the quantity (if any) of prescribed goods

other than fresh grapes, used by-

(a) a person who was carrying on business in Australia, otherwise than as a

member of a firm; or

(b) a firm that was carrying on business in Australia,

as a manufacturer of a grape product or grape products did not amount to 20

tonnes, that person or firm shall be taken, for the purposes of this Act, not

to be a producer during the next following year.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 5.

Classes of producers

5. (1) For the purposes of this Act-

(a) where, during a year, the quantity (if any) of fresh grapes, together

with the fresh grape equivalent of the quantity (if any) of prescribed goods

other than fresh grapes, used by a commercial producer in the manufacture, in

Australia, of a grape product or grape products amounted to not less than 20

tonnes but less than 500 tonnes, the producer shall be deemed to be included

in Class 1 during the next following year;

(b) where, during a year, the quantity (if any) of fresh grapes together

with the fresh grape equivalent of the quantity (if any) of prescribed goods

other than fresh grapes, used by a commercial producer in the manufacture, in

Australia, of a grape product or grape products amounted to not less than 500

tonnes but less than 10,000 tonnes, the producer shall be taken to be included

in Class 2 during the next following year; and

(c) where, during a year, the quantity (if any) of fresh grapes, together

with the fresh grape equivalent of the quantity (if any) of prescribed goods

other than fresh grapes, used by a commercial producer in the manufacture, in

Australia, of a grape product or grape products amounted to not less than

10,000 tonnes, the producer shall be taken to be included in Class 3 during

the next following year.

(2) Nothing in sub-section (1) shall be taken to require a person or firm to

be included in a class referred to in that sub-section at any time after that

person or firm has ceased to be a commercial producer.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 6.

Establishment of Corporation

PART II - THE AUSTRALIAN WINE AND BRANDY CORPORATION

6. There is established by this Act a corporation by the name of the

Australian Wine and Brandy Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 7.

Functions of Corporation

7. The functions of the Corporation are-

(a) to promote and control the export of grape products from Australia;

(b) to encourage and promote the consumption and sale of grape products both

in Australia and overseas;

(c) to improve the production of grape products in Australia;

(d) to conduct, arrange for and assist in research into matters pertaining

to the production, handling and transportation of grape products and of

prescribed goods used, or suitable for use, in the production of grape

products; and

(e) such other functions in connection with grape products as are conferred

on the Corporation by this Act or the regulations.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 8.

Powers of Corporation

8. (1) Subject to this Act, the Corporation has power to do all things

necessary or convenient to be done for, or in connection with, the performance

of its functions.

(2) Without limiting the generality of sub-section (1), the powers of the

Corporation referred to in that sub-section include power-

(a) to make recommendations to the Minister in relation to the export from

Australia of any grape product, including recommendations in respect of-

(i) the terms and conditions of the export of the grape product;

(ii) the persons who may be permitted to engage in the export of the grape

product;

(iii) the packaging and labelling, for export, of the grape product; and

(iv) the quality, for export, of the grape product;

(b) to engage, or make other arrangements with, persons, organizations or

companies to perform work, or act as agent, for the Corporation, whether in

Australia or overseas; and

(c) with the approval, in writing, of the Minister and subject to such

conditions (if any) as are specified in the instrument of approval, to buy,

sell and otherwise engage in trade in grape products and do all things

necessary or convenient for engaging in that trade.

(3) The Corporation shall not engage in trade in competition with natural

persons resident in, or corporations incorporated in, Australia otherwise than

in a manner that accords with commercial practice.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 9.

Contracts for carriage of grape products

9. (1) The Corporation may, by notice published in the Gazette, approve a

person as a carrier for the purposes of the carriage of a specified grape

product to a specified place outside Australia.

(2) The Corporation may, by notice published in the Gazette, determine that

a contract, or a contract included in a class of contracts, for the carriage

of a specified grape product to a specified place outside Australia shall not

be entered into except with the approval of the Corporation.

(3) An approval under sub-section (2) may be given subject to such

conditions (if any) as the Corporation determines.

(4) While an approval under sub-section (1) is in force in relation to a

place outside Australia, a person shall not enter into a contract with another

person for the carriage by that other person of a grape product specified in

the notice of approval to that place unless that other person is approved

under that sub-section in relation to that place.

Penalty: $2,000.

(5) A person other than the Corporation shall not enter into a contract with

another person for the carriage by that other person of a grape product in

relation to which a notice under sub-section (2) is in force to a place

outside Australia specified in that notice except with the approval of the

Corporation and in conformity with the conditions (if any) to which that

approval is subject.

Penalty: $2,000.

(6) Sub-section (4) does not apply to the Corporation in relation to any

grape product when acting on its own behalf or as the agent of the owner of

the grape product or of a person having the authority to export the grape

product.

(7) A collector or officer for the purposes of the Customs Act 1901 may

require a person who seeks to export from Australia to a place outside

Australia in relation to which a notice under sub-section (2) is in force a

grape product specified in the notice, on making entry of the grape product

under that Act and before the entry has been passed, to satisfy him that-

(a) the contract for the carriage of the grape product to that place was

entered into with the approval of the Corporation and in conformity with the

conditions (if any) to which that approval is subject; and

(b) the carrier undertaking the carriage of the grape product to that place

is approved by the Corporation under sub-section (1) as a carrier for the

purposes of the carriage to that place of a grape product of a kind to which

that contract relates,

and the collector or officer may refuse to pass the entry until that person

has so satisfied him.

(8) A contract entered into for the carriage of a grape product to a place

outside Australia is not unenforceable, voidable or void by reason only of the

contract having been entered into in contravention of sub-section (4) or (5).

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 10.

Power to enter into arrangements, &c.

10. Without limiting the generality of section 8, the Corporation may enter

into arrangements or agreements with persons, authorities or organizations in

Australia or overseas, or, with the consent of the Minister, with a State, for

the purposes of the Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 11.

Committees

11. (1) The Corporation may appoint a committee to assist the Corporation in

relation to a matter.

(2) A committee established under this section shall consist of such

persons, including at least 1 member of the Corporation, as the Corporation

thinks fit.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 12.

Nature of Corporation

PART III - CONSTITUTION AND MEETINGS OF

THE CORPORATION

12. (1) The Corporation-

(a) is a body corporate with perpetual succession;

(b) shall have a common seal;

(c) may acquire, hold and dispose of real and personal property; and

(d) may sue and be sued in its corporate name.

(2) All courts, judges and persons acting judicially shall take judicial

notice of the common seal of the Corporation affixed to a document and shall

presume that it was duly affixed.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 13.

Membership of Corporation

13. (1) The Corporation shall consist of 14 part-time members, namely-

(a) a Chairman;

(b) 1 member to represent commercial producers included in Class 1;

(c) 2 members to represent commercial producers included in Class 2;

(d) 3 members to represent commercial producers included in Class 3;

(e) 2 members to represent co-operative producers;

(f) 4 members to represent wine grape growers; and

(g) 1 member to represent the Commonwealth.

(2) The members referred to in paragraphs (1) (a) and (g) shall be appointed

by the Minister.

(3) Each member referred to in paragraph (1) (b), (c) or (d) shall be

elected, at an election conducted in accordance with the regulations, by the

commercial producers for the time being included in the class specified in

that paragraph.

(4) The first elections to elect members to represent commercial producers

shall be held as soon as practicable after the day on which this Act receives

the Royal Assent and, for that purpose, the whole of this Act shall be deemed

to have come into operation on that day but any person so elected shall not

hold office as a member until the commencing date.

(5) Each member referred to in paragraph (1) (e) shall be appointed by the

Minister on the nomination of the co-operatives organization.

(6) Each member referred to in paragraph (1) (f) shall be appointed by the

Minister on the nomination of the growers organization.

(7) The performance of the functions, or the exercise of the powers, of the

Corporation is not affected by reason of there being a vacancy or vacancies in

the membership of the Corporation.

(8) The appointment of a member is not invalidated, and shall not be called

in question, by reason of a deficiency or irregularity in, or in connection

with, his appointment.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 14.

Term of office of members

14. (1) Subject to this Act, a member holds office for a period of 3 years.

(2) The member referred to in paragraph 13 (1) (g) holds office during the

pleasure of the Minister.

(3) Whenever a vacancy occurs in the office of a member referred to in

paragraph 13 (1) (a), (e) or (f) before the expiration of the period for which

the member was entitled to hold that office, the Minister may, in accordance

with section 13, appoint a person to that office for the remainder of that

period.

(4) Whenever a vacancy occurs in the office of a member referred to in

paragraph 13 (1) (b), (c) or (d) before the expiration of the period for which

the member was entitled to hold that office, the Minister may, subject to the

regulations, appoint a person to that office for the remainder of that

period.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 15.

Deputy Chairman

15. (1) The Corporation shall appoint a member other than the Chairman to be

the Deputy Chairman of the Corporation.

(2) Subject to this Act, the member holding office as Deputy Chairman ceases

to hold that office immediately before the anniversary of the commencing date

next succeeding his appointment.

(3) The Corporation may, at any time, remove the Deputy Chairman from office

as Deputy Chairman.

(4) A member holding office as Deputy Chairman may, at any time, resign that

office by writing signed by him and delivered to the Minister.

(5) A member holding office as Deputy Chairman ceases to hold that office if

he ceases to be a member.

(6) Whenever a vacancy occurs in the office of Deputy Chairman before the

expiration of the period of his appointment, the Corporation may, in

accordance with this section, appoint another member to hold that office for

the remainder of that period.

(7) While the office of Chairman is vacant or the Chairman is absent from

duty or from Australia or is, for any other reason, unable to perform the

functions of his office and the Deputy Chairman is available to perform the

functions of the office of Chairman, the Deputy Chairman has and may exercise

all the powers, and shall perform all the functions, of the Chairman under

this Act.

(8) A reference in sub-section (7) to the powers and functions of the

Chairman shall be read as including a reference to the powers and functions of

the Chairman as Chairman of the Executive Committee.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 16.

Elections for office of Deputy Chairman, &c.

16. (1) Where-

(a) at a meeting of the Corporation at which 1 member is to be appointed-

(i) under sub-section 15 (1), as Deputy Chairman;

(ii) under sub-section 22 (6), to preside at the meeting; or

(iii) under section 25, as a member of the Executive Committee referred to

in paragraph 25 (1) (b), (c) or (d),

there is more than 1 candidate for appointment; or

(b) at a meeting of the Corporation at which 2 members are to be appointed,

under section 25, as the members of the Executive Committee referred to in

paragraph 25 (1) (b), there are more than 2 candidates for appointment,

the Corporation shall hold an election for the purpose of determining which of

the candidates is to be appointed.

(2) Voting at an election referred to in sub-section (1) shall be by secret

ballot.

(3) If, by reason of 2 or more candidates having received the same number of

votes at an election referred to in sub-section (1), there is a total or

partial failure of the election, 1 or 2 of those candidates, as the case

requires, shall be chosen by lot to fill the vacant office or offices

concerned, and the candidate or candidates so chosen shall be deemed, for the

purposes of this Act, to have been elected to that office or those offices, as

the case may be, under this section.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 17.

Deputies of members

17. (1) Subject to sub-sections (2), (3) and (4), the Minister may appoint a

person other than a member to be the deputy of a member other than the

Chairman.

(2) A person appointed under sub-section (1) to be the deputy of a member

referred to in paragraph 13 (1) (b), (c) or (d) shall be a person who-

(a) is qualified to be a candidate for election as a member referred to in

that paragraph; and

(b) is nominated for the purpose by the member or, if the member fails to

nominate a person for the purpose within 7 days after the receipt by him of a

written request by the Corporation to do so, by the Corporation.

(3) A person appointed under sub-section (1) to be the deputy of a member

referred to in paragraph 13 (1) (e) shall be a person nominated for the

purpose by the co-operatives organization.

(4) A person appointed under sub-section (1) to be the deputy of a member

referred to in paragraph 13 (1) (f) shall be a person nominated for the

purpose by the growers organization.

(5) The Minister may, at any time, revoke the appointment of a person as the

deputy of a member and shall revoke such an appointment if the deputy fails,

without reasonable excuse, to comply with his obligations under section 21.

(6) The deputy of a member may resign his office by writing signed by him

and delivered to the Minister.

(7) The deputy of a member is entitled, in the event of the absence of the

member from a meeting of the Corporation or, if the member is also a member of

the Executive Committee, from a meeting of that Committee, to attend that

meeting and, when so attending, shall be deemed to be a member of the

Corporation or a member of that Committee, as the case requires.

(8) The appointment of a person as the deputy of a member is not

invalidated, and shall not be called in question, by reason of a defect or

irregularity in or in connection with his appointment.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 18.

Leave of absence

18. The Minister may grant leave of absence to a member upon such terms and

conditions as to remuneration or otherwise as the Minister determines.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 19.

Resignation of members

19. A member may resign his office by writing signed by him delivered to the

Minister.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 20.

Termination of appointments

20. (1) The Minister may terminate the appointment of a member by reason of

the misbehaviour, or the physical or mental incapacity, of the member.

(2) The Minister may, at the request of the co-operatives organization,

terminate the appointment of a member referred to in paragraph 13 (1) (e).

(3) The Minister may, at the request of the growers organization, terminate

the appointment of a member referred to in paragraph 13 (1) (f).

(4) If a member-

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

of bankrupt or insolvent debtors, compounds with his creditors or makes an

assignment of his remuneration for their benefit;

(b) fails, without reasonable excuse, to comply with his obligations under

section 21;

(c) being a member referred to in paragraph 13 (1) (b), (c) or (d), ceases

to be eligible, under the regulations, to hold office as such a member; or

(d) not being the member representing the Commonwealth, is absent from 3

consecutive meetings of the Corporation or, if he is a member of the Executive

Committee, from 3 consecutive meetings, whether meetings of the Corporation or

of the Executive Committee, otherwise than-

(i) on business of the Corporation undertaken with the approval of the

Corporation or of the Executive Committee; or

(ii) on leave of absence granted under section 18,

whether or not his deputy attends any or all of the meetings from which he is

absent,

the Minister shall terminate the appointment of the member.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 21.

Disclosure of interests by members, &c.

21. (1) A member, or a deputy of a member, who has a direct or indirect

pecuniary interest in a matter being considered or about to be considered by

the Corporation or the Executive Committee shall, as soon as possible after

the relevant facts have come to his knowledge, disclose the nature of his

interest at a meeting of the Corporation or of the Executive Committee, as the

case requires.

(2) A disclosure under sub-section (1) shall be recorded in the minutes of

the meeting of the Corporation or of the Executive Committee, as the case

requires.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 22.

Meetings of Corporation

22. (1) Subject to this section, meetings of the Corporation shall be held

at such times and places as the Corporation from time to time determines.

(2) The Minister or the Chairman may at any time convene a meeting of the

Corporation.

(3) At a meeting of the Corporation, 8 members constitute a quorum.

(4) The Chairman shall preside at all meetings of the Corporation at which

he is present.

(5) If the Chairman is not present, but the Deputy Chairman is present, at a

meeting of the Corporation, the Deputy Chairman shall preside at that

meeting.

(6) If neither the Chairman nor the Deputy Chairman is present at a meeting

of the Corporation, the members present shall elect one of their number to

preside at that meeting.

(7) A question arising at a meeting of the Corporation shall be decided by a

majority of the votes of the members present and voting.

(8) The member presiding at a meeting of the Corporation has a deliberative

vote and, in the event of an equality of votes, has a casting vote.

(9) The Corporation shall keep minutes of its proceedings.

(10) Subject to the preceding provisions of this section, the procedure at

meetings of the Corporation shall be as determined by the Corporation.

(11) The Corporation may invite a person to attend a meeting of the

Corporation for the purpose of advising or informing the Corporation on any

matter.

(12) A person referred to in sub-section (11) shall be paid such fees,

allowances and expenses (if any) as the Minister determines in respect of his

attendance at a meeting of the Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 23.

Establishment of Executive Committee

PART IV-THE EXECUTIVE COMMITTEE

23. There is established by this section an Executive Committee of the

Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 24.

Powers and functions of Executive Committee

24. (1) The Executive Committee shall have, and may exercise, such of the

powers, and shall perform such of the functions, of the Corporation as the

Corporation determines.

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

Executive Committee does not prevent the exercise of the power, or the

performance of the function, by the Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 25.

Constitution of Executive Committee

25. (1) The Executive Committee shall consist of 5 members, namely:

(a) the Chairman of the Corporation;

(b) 2 of the members representing commercial producers;

(c) 1 of the members representing co-operative producers; and

(d) 1 of the members representing wine grape growers.

(2) The members of the Executive Committee referred to in paragraphs (1)

(b), (c) and (d) shall be appointed by the Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 26.

Chairman of Executive Committee

26. The Chairman of the Corporation is the Chairman of the Executive

Committee.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 27.

Term of office of members of Executive Committee

27. (1) Subject to this Act, a member appointed as a member of the Executive

Committee holds office for a term commencing on the date of his appointment or

such later date as the Corporation determines and ending immediately before

the anniversary of the commencing date next succeeding his appointment.

(2) A member of the Executive Committee ceases to be a member of that

Committee if he ceases to be a member of the Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 28.

Resignation of members of Executive Committee

28. (1) A member of the Executive Committee, other than the Chairman, may

resign his office as such a member by writing signed by him and delivered to

the Chairman.

(2) Whenever a vacancy occurs in the office of a member of the Executive

Committee other than the Chairman before the expiration of the period for

which the member was entitled to hold that office, the Corporation may, in

accordance with section 25, appoint a member of the Corporation to that office

for the remainder of that period.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 29.

Meetings of Executive Committee

29. (1) Subject to this section, meetings of the Executive Committee shall

be held at such times and places as the Committee determines.

(2) The Chairman may at any time convene a meeting of the Executive

Committee.

(3) At a meeting of the Executive Committee, 3 members constitute a quorum.

(4) The Chairman shall preside at all meetings of the Executive Committee at

which he is present.

(5) If the Chairman is not present, but the Deputy Chairman is present, at a

meeting of the Executive Committee, the Deputy Chairman shall preside at that

meeting.

(6) If neither the Chairman nor the Deputy Chairman is present at a meeting

of the Executive Committee, the members present shall elect one of their

number to preside at that meeting.

(7) A question arising at a meeting of the Executive Committee shall be

decided by a majority of the votes of the members of the Committee present and

voting.

(8) The member of the Executive Committee presiding at a meeting of the

Committee has a deliberative vote and, in the event of an equality of votes,

has a casting vote.

(9) Subject to the preceding provisions of this section, the procedure at

meetings of the Executive Committee shall be as determined by the Committee.

(10) The Executive Committee shall keep minutes of its proceedings.

(11) The Executive Committee may invite a person to attend a meeting of the

Committee for the purpose of advising or informing the Committee on any

matter.

(12) A person referred to in sub-section (11) shall be paid such fees,

allowances and expenses (if any) as the Minister determines in respect of his

attendance at a meeting of the Executive Committee.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 30.

Employees

PART V-STAFF

30. (1) The Corporation may engage such employees as it thinks necessary for

the purposes of this Act.

(2) The terms and conditions of service or employment (in respect of matters

not provided for by this Act) of persons appointed or engaged under this

section are such as are, subject to the approval of the Public Service Board,

determined by the Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 31.

Rights of public servants engaged under this Act

31. Where a full-time employee of the Corporation was, immediately before

his engagement by the Corporation under section 30, an officer of the

Australian Public Service or a person to whom the Officers' Rights Declaration

Act 1928 applied-

(a) he retains his existing and accruing rights;

(b) for the purpose of determining those rights, his service under this Act

shall be taken into account as if it were service in the Australian Public

Service; and

(c) that Act applies as if this Act and this section had been specified in

the Schedule to that Act.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 32.

Payments to Corporation

PART VI-FINANCE

32. There shall be paid to the Corporation out of the Consolidated Revenue

Fund, which is appropriated accordingly, amounts equal to-

(a) the amounts received by the Commonwealth under the Wine Grapes Charges

Act 1929 in its application by virtue of sub-section 3 (2) of the Wine Grapes

Charges (Repeal) Act 1979; and

(b) the amounts received by the Commonwealth under sections 4 and 5 of the

Wine Grapes Levy Collection Act 1979,

being amounts so received on or after the commencing day.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 33.

Payments by Corporation to Commonwealth

33. Where-

(a) a refund is made by the Commonwealth in accordance with section 7 of the

Wine Grapes Levy Collection Act 1979 in respect of an amount that has been

paid or overpaid to the Commonwealth; and

(b) that amount has been taken into account in calculating the amount of a

payment under section 32 of this Act or under sub-section 21 (1) of the Wine

Overseas Marketing Act 1929,

the Corporation shall pay to the Commonwealth an amount equal to the amount of

the refund.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 34.

Borrowing

34. (1) The Corporation may, with the approval of the Treasurer-

(a) borrow moneys for the purpose of-

(i) performing its function of promoting the export of grape products from

Australia;

(ii) performing its function of promoting the consumption and sale of

grape products both in Australia and overseas; and

(iii) exercising its power to engage in trade; and

(b) give security over the whole or any part of its assets for the repayment

of amounts borrowed under this section and for the payment of interest on

amounts so borrowed.

(2) The Treasurer may, on behalf of the Commonwealth, guarantee the

repayment of amounts borrowed under this section and the payment of interest

on amounts so borrowed.

(3) The Corporation shall not borrow moneys except in accordance with this

section.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 35.

Application of moneys of Corporation

35. Subject to section 36, the moneys of the Corporation may be applied

only-

(a) in payment or discharge of the expenses, charges, obligations and

liabilities incurred or undertaken by the Corporation in or in connection with

the performance of its functions, or the exercise of its powers, under this

Act;

(b) in payment of any remuneration, allowances, fees or expenses payable

under this Act; and

(c) in making any other payments that the Corporation is authorized or

required to make under this Act.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 36.

Investment

36. Without limiting the generality of section 63E of the Audit Act 1901 in

its application to the Corporation by virtue of section 38 of this Act, moneys

of the Corporation not immediately required for the purposes of the

Corporation may be invested in securities of, or guaranteed by, the

Commonwealth or a State.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 37.

Limit on contracts

37. The Corporation shall not, without the approval of the Minister, enter

into a contract, other than a contract for the purchase or sale of any grape

products, under which the Corporation is to pay or receive an amount exceeding

$100,000 or, if a higher amount is for the time being prescribed for the

purposes of this section, that higher amount.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 38.

Application of Division 2 of Part XI of the Audit Act

38. (1) It is hereby declared that the Corporation is a public authority to

which Division 2 of Part XI of the Audit Act 1901 applies.

(2) Division 2 of Part XI of the Audit Act 1901 applies in relation to the

Corporation subject to the modification contained in sub-section (3).

(3) Section 63H of the Audit Act 1901 applies in relation to the Corporation

as if the reference in sub-section (1) of that section to as soon as

practicable after 30 June in each year were a reference to as soon as

practicable after, but not more than 6 months after, 30 June in each year.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 39.

Liability to taxation

39. (1) The Corporation is subject to taxation (other than income tax) under

the laws of the Commonwealth.

(2) Subject to sub-section (3), the Corporation is not subject to taxation

under a law of a State or Territory.

(3) The regulations may provide that sub-section (2) does not apply in

relation to taxation under a specified law.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 40.

Remuneration and allowances

PART VII-MISCELLANEOUS

40. (1) This section applies to a person who is-

(a) a member; or

(b) a deputy of a member; or

(c) a member of a committee constituted under section 11 other than a member

of the Corporation.

(2) A person to whom this section applies shall be paid such remuneration as

is determined by the Remuneration Tribunal, but, if no determination of that

remuneration by the Tribunal is in operation, he shall be paid such

remuneration as is prescribed.

(3) A person to whom this section applies shall be paid such allowances as

are prescribed.

(4) Sub-sections (2) and (3) have effect subject to the Remuneration

Tribunals Act 1973.

(5) If a person to whom this section applies is also a member of, or a

candidate for election to, the Parliament of the Commonwealth or of a State,

he shall not be paid remuneration or allowances under sub-section (2) or (3)

but shall be reimbursed such expenses as he reasonably incurs by reason of-

(a) his attendance at meetings of the Corporation and, if he is a member of

the Executive Committee or of a committee constituted under section 11, at meetings of the Executive Committee or of the committee so constituted; or

(b) his engagement (whether in Australia or overseas), with the approval of

the Corporation or of the Executive Committee, on the business of the

Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 41.

Indemnity

41. A member or a deputy of a member is not personally liable for an act or

default of the Corporation or of the member, or the deputy of the member, as

the case may be, acting as such.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 42.

Corporation may require information

42. (1) The Corporation may, by notice in writing given, or sent by post, to

a person, require the person to furnish, within such time as is specified in

the notice, such information, in addition to any other information that he is

required to furnish under this Act or any other Act, in relation to the

production of prescribed goods or grape products or to prescribed goods or

grape products owned by him or under his control as is specified in the

notice.

(2) A person shall not, without reasonable excuse, fail or neglect duly to

furnish information that he is required to furnish by virtue of a notice

given, or sent by post, to him under sub-section (1).

(3) A person is not excused from furnishing information that he is required

to furnish by virtue of a notice given, or sent by post, to him under

sub-section (1) on the ground that the information might tend to incriminate

him or make him liable to a penalty, but any information so furnished is not

admissible in evidence against him in proceedings other than proceedings for

an offence against sub-section (4).

(4) A person shall not furnish to the Corporation information that is false

or misleading in a material particular.

Penalty: $1,000.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 43.

Delegation

43. (1) The Corporation may, either generally or as otherwise provided by

the instrument of delegation, by writing under its common seal, delegate to a

person, to the Executive Committee or to a committee established under section

11 any of its powers under this Act, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for the

purposes of this Act, be deemed to have been exercised by the Corporation.

(3) A delegation under this section does not prevent the exercise of a power

by the Corporation.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 44.

Offences in relation to export of grape products

44. A person shall not export a grape product from Australia in

contravention of the regulations.

Penalty: $2,000.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 45.

Operation of other Acts not affected

45. Nothing in this Act or the regulations restricts the operation of the

Customs Act 1901 or the Commerce (Trade Descriptions) Act 1905 or of any

regulations made under either or both of those Acts.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 46.

Regulations

46. (1) The Governor-General may make regulations, not inconsistent with

this Act, prescribing all matters required or permitted by this Act to be

prescribed or necessary or convenient to be prescribed for carrying out or

giving effect to this Act, and, in particular-

(a) making provision with respect to elections and the holding of office by

members referred to in paragraphs 13 (1) (b), (c) and (d) including, in

particular, provision with respect to-

(i) the preparation of rolls of electors;

(ii) the eligibility of persons to be nominated as candidates and to hold

office as members;

(iii) the time for, and the manner of, conducting elections;

(iv) the manner of casting and counting votes at elections;

(v) the determination of disputes arising out of elections; and

(vi) offences in relation to elections;

(b) making provision with respect to the filling of a vacancy in the office

of a member referred to in paragraph 13 (1) (b), (c) or (d) that exists, or

will exist, by reason of the failure, or partial failure, of an election;

(c) prohibiting the export of a grape product from Australia except subject

to and in accordance with prescribed conditions, including, in particular-

(i) conditions requiring an exporter to be the holder of a licence to

export the grape product;

(ii) conditions requiring an exporter to obtain the approval of the

Corporation for particular exports of the grape product;

(iii) conditions requiring the purchaser of the grape product, or the

person to whom the grape product is consigned as an agent or representative of

the purchaser or exporter in the country to which the grape product is

consigned, to be a person approved by the Corporation; or

(iv) conditions relating to the price, or form of consignment, of the

grape product;

(d) making provision with respect to-

(i) the grant, suspension or cancellation by the Minister, or a person

authorized by him, of licences to export a grape product from Australia; and

(ii) the issuing or revocation by the Corporation, or by a person

authorized by it, in respect of particular exports of a grape product, of

certificates as to compliance with the conditions subject to which the grape

product may be exported;

(e) providing for the period for which a licence, or a licence included in a

class of licences, granted under the regulations remains in force;

(f) authorizing the Corporation, or a person authorized by it-

(i) to determine prices or other matters for the purposes of the

regulations; or

(ii) to give to the holder of a licence to export a grape product granted

under the regulations directions, in writing, with respect to the quantities

of the grape product that may be exported by the holder of the licence either

generally or otherwise as provided in the regulations;

(g) requiring persons to furnish returns and information necessary for the

purposes of this Act; and

(h) providing for penalties not exceeding a fine of $500 for offences

against the regulations.

(2) The regulations may confer on the Corporation such functions in relation

to grape juice manufactured in Australia from grapes grown in Australia as are

specified in the regulations.

(3) Where the regulations confer functions on the Corporation under sub-

section (2), without prejudice to its effect apart from this sub-section, this

Act also has effect, for the purpose of enabling the Corporation to exercise

those functions, subject to such modifications and adaptations (if any) as are

specified in the regulations.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 47.

Interpretation

PART VIII-REPEAL OF CERTAIN ACTS AND CONSEQUENT

TRANSITIONAL PROVISIONS

47. In this Part, "Board" means the Australian Wine Board established by the

Wine Overseas Marketing Act 1929.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 48.

Repeal of certain Acts

48. The Acts specified in the Schedule are repealed.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 49.

Rights, &c., of Board to vest in Corporation, &c.

49. (1) Upon the commencing date-

(a) any rights, property or assets that, immediately before that date, were

vested in the Board are, by force of this sub-section, vested in the

Corporation; and

(b) the Corporation becomes, by force of this sub-section, liable to pay and

discharge any debts, liabilities or obligations of the Board that existed

immediately before that date.

(2) An arrangement or contract entered into by or on behalf of the Board as

a party and in force immediately before the commencing date continues in

force, notwithstanding the repeal of the Acts specified in the Schedule, but

that arrangement or contract has effect, on and after the commencing date, as

if-

(a) the Corporation were substituted for the Board as a party to the

arrangement or contract; and

(b) any reference in the arrangement or contract to the Board were (except

in relation to matters that occurred before that date) a reference to the

Corporation.

(3) Where, immediately before the commencing date, proceedings to which the

Board was a party were pending in any court, the Corporation is, by force of

this sub-section, substituted for the Board as a party to the proceedings and

has the same rights in the proceedings as the party for which it is

substituted.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 50.

Instrument, &c., not liable to stamp duty, &c.

50. An instrument or document that the Secretary to the Department of

Primary Industry or an officer of that Department authorized by him in writing

for the purpose of this section certifies to have been made, executed or given

by reason of, or for a purpose connected with or arising out of, the operation

of this Part is not liable to stamp duty or other tax under a law of the

Commonwealth or of a State or Territory.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 51.

Application of moneys of Corporation

51. The moneys of the Corporation may be applied in payment or discharge of

the debts, liabilities and obligations referred to in paragraph 49 (1) (b).

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 52.

Moneys to be paid to Corporation in respect of levy, &c.

52. There shall be paid to the Corporation out of the Consolidated Revenue

Fund, which is appropriated accordingly, an amount equal to the aggregate of

any amounts received by the Commonwealth, before the commencing date-

(a) as charge under the Wine Grapes Charges Act 1929 (including that Act in

its application by virtue of sub-section 3 (2) of the Wine Grapes Charges

(Repeal) Act 1979;

(b) as levy under the Wine Grapes Levy Act 1979; or

(c) as penalties under section 5 of the Wine Grapes Levy Collection Act

1979,

that have not been taken into account in making a payment to the Board under

sub-section 21 (1) of the Wine Overseas Marketing Act 1929, less an amount

equal to the aggregate of any amounts to be paid by the Commonwealth by way of

refund under section 7 of the Wine Grapes Levy Collection Act 1979 in respect

of any amounts so received.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 53.

Employees of Board

53. (1) A person who, immediately before the commencing date, was employed

by the Board shall, by virtue of this sub-section, be deemed to be, on that

date, engaged as an employee of the Corporation under section 30.

(2) Terms and conditions of employment applicable to a person referred to in

sub-section (1) immediately before the commencing date shall, by virtue of

this sub-section, be deemed to be terms and conditions of employment

determined under sub-section 30 (2), but those terms and conditions may, at

any time after the commencing date, be varied under that sub-section.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 54.

Report on operations of Board

54. (1) The Corporation shall, not later than 6 months after the commencing

date, prepare and submit to the Minister a report on the operation of the Wine

Overseas Marketing Act 1929 during the period that-

(a) commenced immediately after the expiration of the last period in respect

of which a report was submitted by the Board to the Minister in pursuance of

section 29 of that Act; and

(b) ended immediately before the commencing date.

(2) The Minister shall cause a copy of the report, together with a statement

by the Minister regarding the operation of the Wine Overseas Marketing Act

1929 during the period to which the report relates, to be laid before each

House of the Parliament within 15 sitting days of that House after the receipt

of the report by the Minister.

(3) The persons who, immediately before the commencing date, were members of

the Board shall furnish to the Corporation such information as is necessary to

enable the Corporation to prepare the report.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SECT. 55.

Regulations

55. The regulations may make provision for and in relation to the continued

effect, for the purposes of the regulations, of licences and certificates in

force, immediately before the commencing date, under regulations made for the

purposes of the Wine Overseas Marketing Act 1929.

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - SCHEDULE

SCHEDULE Section

48

ACTS REPEALED

Wine Overseas Marketing Act 1929

Wine Overseas Marketing Act 1930

Wine Overseas Marketing Act 1936

Wine Overseas Marketing Act 1945

Wine Overseas Marketing Act 1953

Wine Overseas Marketing Act 1954

Wine Overseas Marketing Act 1961

Wine Overseas Marketing Act 1963

Wine Overseas Marketing Act 1973

Wine Overseas Marketing Amendment Act 1979

AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980 No. 161 of 1980 - NOTE

NOTE

1. Act No. 161, 1980; assented to 10 December 1980.