{"id":"phylloxera-and-grape-industry-act-1995","name":"Phylloxera and Grape Industry Act 1995","slug":"phylloxera-and-grape-industry-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106268,"registerId":"sa-phylloxera-and-grape-industry-act-1995-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Phylloxera and Grape Industry Act 1995","content":"South Australia\nPhylloxera and Grape Industry Act 1995\nAn Act to provide for the protection of vineyards from disease and to assist and support the grape industry in South Australia.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Phylloxera and Grape Industry Board of South Australia\nDivision 1—Constitution of Board\n4\tEstablishment of Board\n5\tConstitution of Board\n6\tTerms and conditions of members\n7\tPresiding member of Board\n8\tConduct of business by Board\n9\tConflict of interest under Public Sector (Honesty and Accountability) Act\nDivision 3—Functions and powers of Board\n13\tFunctions of Board\n14\tAction to be taken on outbreak of disease\n15\tRegional and other committees\n16\tGeneral powers\n17\tDelegation\nDivision 4—Five year plan\n18\tDuty to prepare and maintain five year plan\nPart 3—The Register\n19\tThe Register\n20\tPower of Board to inspect assessments\n21\tReturns\n22\tCorrection of Register\nPart 4—Financial and reporting\n23\tContributions\n24\tPhylloxera and Grape Industry Fund\n25\tAccounts and audit\n26\tReport\nPart 5—Miscellaneous\n27\tMembers of Board to be inspectors\n28\tPower of delegation\n29\tFalse or misleading statements\n30\tRegulations\nSchedule—Transitional provisions\n1\tInterpretation\n3\tVacation of office\n4\tDistricts to continue as prescribed regions\n5\tContributions\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Phylloxera and Grape Industry Act 1995.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nBoard means the Phylloxera and Grape Industry Board of South Australia continued under Part 2;\nChief Inspector means the Chief Inspector appointed under the Plant Health Act 2009;\ncutting means a portion of a grape vine cane that has not been planted in soil or permitted to develop roots;\ndisease means—\n\t(a)\tany bacterium, fungus, insect, mite or other arthropod, protozoan, virus or other organism or pathogen; or\n\t(b)\tany other condition,\nthat may affect vines;\nFund means the Phylloxera and Grape Industry Fund continued under Part 4;\nowner means—\n\t(a)\tthe owner in fee simple; or\n\t(b)\tin relation to land held under an agreement to purchase from the Crown—the person entitled to the benefit of the agreement; or\n\t(c)\tin relation to land held under a Crown lease or licence—the lessee or licensee;\nprescribed region means a region defined by regulation;\nRegister means the Register maintained under Part 3;\nregistered person means a person registered in the Register;\nvine means a grape vine, alive or dead, or any vine cutting or part of a vine;\nvineyard means a parcel of land in which one or more vines are planted, growing or found.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—Phylloxera and Grape Industry Board of South Australia\nDivision 1—Constitution of Board\n4—Establishment of Board\n\t(1)\tThe Phylloxera Board of South Australia continues in existence as the Phylloxera and Grape Industry Board of South Australia.\n\t(2)\tThe Board is a body corporate with full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.\n\t(3)\tWhere an apparently genuine document purports to bear the common seal of the Board, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to that document.\n5—Constitution of Board\n\t(1)\tSubject to subsection (3), the Board consists of—\n\t(a)\tthe Chief Inspector; and\n\t(b)\tup to eight members appointed by the Minister of whom—\n\t(i)\tone will be a person nominated by the Minister with expertise in viticultural research; and\n\t(ii)\tup to 7 will be persons nominated by 1 or more organisations or bodies that, in the opinion of the Minister, have significant involvement in grape growing or winemaking.\n\t(2)\tWhen nominating members of the Board, each nominating organisation or body referred to in subsection (1)(b)(ii) must ensure that—\n\t(a)\twritten reasons are provided to the Minister in support of each nomination; and\n\t(c)\tany other requirements notified in writing by the Minister are satisfied.\n\t(3)\tThe Minister must ensure that—\n\t(a)\tno more than 1 member from each prescribed region is appointed to the Board; and\n\t(b)\tall members of the Board have proven experience, knowledge and commitment to the improvement of the State's grape growing and wine industries, and their protection from disease.\n6—Terms and conditions of members\n\t(1)\tAn appointed member of the Board will hold office for a term of not more than three years and, at the end of that term, will be eligible for reappointment.\n\t(2)\tA member of the Board is entitled to allowances and expenses determined by the Minister.\n\t(3)\tThe Minister may remove an appointed member of the Board from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor neglect of duty; or\n\t(c)\tfor incompetence; or\n\t(d)\tfor mental or physical incapacity to carry out satisfactorily the duties of his or her office.\n\t(4)\tThe office of an appointed member becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis removed from office by the Minister under subsection (3).\n\t(5)\tOn the office of an appointed member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.\n\t(6)\tAn act or proceeding of the Board is not invalid by reason only of a vacancy in its membership, or a defect in the appointment of a member.\n7—Presiding member of Board\n\t(1)\tThe members of the Board must, in July each year, elect one of their number to be the presiding member of the Board for a term of one year.\n\t(2)\tA member is, on the expiration of a term of office as presiding member, eligible for re-election.\n\t(3)\tIf the presiding member ceases to be a member of the Board before the expiration of a term of office, the members of the Board must elect one of their number to be the presiding member for the balance of the term.\n8—Conduct of business by Board\n\t(1)\tFive members of the Board constitute a quorum of the Board.\n\t(2)\tEach member present at a meeting of the Board is entitled to one vote on a matter arising for decision at the meeting, but the presiding member has, in the event of an equality of votes, a casting vote as well as a deliberative vote.\n\t(3)\tA decision carried by a majority of the votes of the members present at a meeting of the Board is a decision of the Board.\n\t(4)\tA conference conducted by telephone, video or other electronic means between members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present.\n\t(5)\tSubject to this Act, the business of the Board may be conducted in the manner determined by the Board.\n9—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the grape growing industry generally or the wine industry generally, or a substantial section of those engaged in or associated with the grape growing industry or the wine industry.\nDivision 3—Functions and powers of Board\n13—Functions of Board\n\t(1)\tThe Board has the following functions (its primary functions):\n\t(a)\tto identify and assess—\n\t(i)\tthe relative threat to the State's vineyards posed by phylloxera and other diseases; and\n\t(ii)\tthe risk of spreading diseases through the movement of machinery, equipment, vines and other vectors into and within the State;\n\t(b)\tto develop policies in relation to—\n\t(i)\tappropriate restrictions on or conditions for the movement of machinery, equipment, vines and other vectors into and within the State to prevent the spread of disease; and\n\t(ii)\tthe quarantine of vines that are or may be affected by disease; and\n\t(iii)\tappropriate measures for the control of outbreaks of disease in the State;\n\t(c)\tto develop plans for the eradication of disease in the State's vineyards;\n\t(d)\tto support and encourage the conduct and evaluation of research into—\n\t(i)\tdisease resistance and tolerance of root stocks and scions; and\n\t(ii)\tdiseases that affect or may affect vines, and any matter relating to such diseases, including their control;\n\t(e)\tto publish the results of relevant research;\n\t(f)\tto promote awareness of the dangers of disease among the public and people involved in grape growing or winemaking;\n\t(g)\tto disseminate information on disease and work practices or industry codes of practice that would minimise the risk of disease, or its spread, to people involved in grape growing or winemaking;\n\t(h)\tto approve nurseries (whether within or outside the State) that are capable of producing propagative material that is free of specified diseases or industry-based accreditation schemes for such nurseries;\n\t(i)\tsubject to subsection (3), to collect and, on request by an interested person, supply data relating to vineyards and vine health in South Australia;\n\t(j)\tto perform the other functions assigned to the Board by or under this Act or by the Minister.\n\t(2)\tThe Board has the additional function of assisting and supporting the grape industry in its initiatives.\n\t(3)\tThe Board must not supply data that relates to or reveals any details relating to a particular person or business unless the person or proprietor of the business consents to the release of the data.\n14—Action to be taken on outbreak of disease\nIf an outbreak of disease occurs, the Chief Inspector and the presiding member of the Board must—\n\t(a)\tdetermine the appropriate action to be taken to control the outbreak; and\n\t(b)\tprovide on-going advice to the Minister in relation to the outbreak and the action being taken to control it.\n15—Regional and other committees\n\t(1)\tThe Board must establish committees representing each of the prescribed regions (regional committees) to advise the Board in relation to vine health in those regions and any other matter determined by the Board.\n\t(2)\tA member of the Board may be appointed to a regional committee.\n\t(3)\tThe Board may establish other committees (which may, but need not, consist of or include members of the Board) to advise or assist the Board.\n16—General powers\nFor the purpose, or in the course, of performing its functions, the Board may—\n\t(a)\taccept money or other things provided or given to the Board by an authority or person for the performance of its functions under this Act;\n\t(b)\tobtain expert or technical advice on any matter on terms and conditions determined by the Board;\n\t(c)\temploy staff on terms and conditions approved by the Minister or make use of Public Service facilities or the services of Public Service employees;\n\t(d)\tenter into a contract or arrangement of any kind;\n\t(e)\tacquire, hold, deal with and dispose of real or personal property;\n\t(f)\texercise any other powers that are necessary or expedient for, or incidental to, the performance of its functions.\n17—Delegation\n\t(1)\tThe Board may delegate any of its functions or powers under this Act—\n\t(a)\tto a member of the Board; or\n\t(b)\tto a committee appointed by the Board; or\n\t(c)\tto a particular person or body; or\n\t(d)\tto the person for the time being occupying a particular office or position.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Board to act in any matter; and\n\t(d)\tis revocable at will by the Board.\nDivision 4—Five year plan\n18—Duty to prepare and maintain five year plan\n\t(1)\tThe Board must, within 12 months after the commencement of this Act—\n\t(a)\tprepare a plan of the Board's proposed principal undertakings and activities for the ensuing five years; and\n\t(b)\tpresent that plan at a public meeting convened by the Board of which notice has been given in accordance with this section.\n\t(2)\tThe Board must, at least two weeks before the date of a meeting to be held under subsection (1)—\n\t(a)\tpublish a notice of the date, time, place and purpose of that meeting on a website determined by the Board or in a newspaper circulating generally throughout the State (or both); and\n\t(b)\tsend a copy of that notice by post to each registered person.\n\t(3)\tThe Board may revise and update the plan at any time, but must present a revised plan for the ensuing five years to a public meeting (of which notice has been given in accordance with subsection (2)) at least once every 12 months after the initial presentation of the plan.\nPart 3—The Register\n19—The Register\n\t(1)\tThe Board must maintain a Register of persons who own vineyards comprising 0.5 hectares or more of planted vines (the Register).\n\t(2)\tThe Board will enter the following particulars in the Register in relation to each registered person:\n\t(a)\tthe person's name and address; and\n\t(b)\tthe location of the vineyard (including Section Number, District and Hundred); and\n\t(c)\tthe varieties of vines planted; and\n\t(d)\tthe area of each variety planted; and\n\t(e)\tthe age of the vines; and\n\t(f)\tthe source of the vines; and\n\t(g)\tany other information relevant to the Board's functions under this Act, that the Board thinks fit.\n20—Power of Board to inspect assessments\nFor the purposes of this Part, the Board may, without payment—\n\t(a)\tmake searches in the Lands Titles Registration Office; and\n\t(b)\tinspect and take extracts from the records relating to rates, charges or taxes under the Local Government Act 1934, the Irrigation Act 1994 or the Land Tax Act 1936 kept by the council or authority responsible for collecting the rates, charges or taxes.\n21—Returns\nA person who—\n\t(a)\ttransfers or acquires ownership of a vineyard comprising 0.5 hectares or more of planted vines; or\n\t(b)\testablishes a vineyard comprising 0.5 hectares or more of planted vines on land owned by the person; or\n\t(c)\textends a vineyard owned by the person so that it comprises 0.5 hectares or more of planted vines; or\n\t(d)\tremoves vines from a vineyard owned by the person so that the vineyard ceases to comprise 0.5 hectares or more of planted vines,\nmust, within three months, provide the Board with a return containing the particulars required to be entered in the Register under this Part.\nPenalty: Division 8 fine.\nExpiation fee: Division 8 fee.\n22—Correction of Register\n\t(1)\tThe Board may correct the Register from time to time—\n\t(a)\tto reflect details provided in a return under this Part; or\n\t(b)\tsubject to subsection (2), to bring entries or particulars contained in the Register into conformity with the most accurate information available to the Board.\n\t(2)\tIf a correction under subsection (1)(b) would have the effect of increasing a contribution payable under Part 4, the Board must not make the correction unless the owner of the vineyard has been given written notice of the proposed correction and allowed a period (not less than one month from service of the notice) to make submissions in relation to the proposed correction.\nPart 4—Financial and reporting\n23—Contributions\n\t(1)\tSubject to this section, the Board may by notice in the Gazette require that—\n\t(a)\ta registered person; or\n\t(b)\ta winemaker; or\n\t(c)\ta distiller,\npay to the Board a contribution towards the costs incurred, or to be incurred, by the Board in carrying out its primary functions under this Act, in an amount determined in accordance with rules approved by the Minister and specified in the notice.\n\t(2)\tThe Minister may approve different rules for the determination of contributions in respect of the various classes of persons listed in subsection (1).\n\t(3)\tA contribution payable under this section will be levied and collected or recovered by the Commissioner of Land Tax on behalf of the Board as if the contribution were land tax, and will be subject to the same penalties for delay or default in payment.\n\t(4)\tA contribution payable under this section will, until payment, be a charge on the land on which the vineyard, winery or distillery is situated.\n24—Phylloxera and Grape Industry Fund\n\t(1)\tThe Fund at the Treasury known as the Phylloxera Fund continues in existence as the Phylloxera and Grape Industry Fund.\n\t(2)\tThe Fund consists of—\n\t(a)\tall contributions paid under this Part; and\n\t(b)\tany income paid into the Fund under subsection (4); and\n\t(c)\tall other money that is required or authorised by law to be paid into the Fund.\n\t(3)\tAny money in the Fund that is not for the time being required for the purposes of this Act may be invested by the Treasurer.\n\t(4)\tThe income from investment of money belonging to the Fund will be paid into the Fund.\n\t(5)\tThe Board may apply any part of the Fund—\n\t(a)\tin defraying the expenses incurred by the Board in the performance of its primary functions under this Act; or\n\t(b)\tin making any other payment required or authorised by law.\n25—Accounts and audit\n\t(1)\tThe Board must keep proper accounts of all money received and paid by or on account of the Board, showing the purposes for which that money has been received or paid.\n\t(2)\tThe Board must cause its accounts to be audited by a registered company auditor or the Auditor-General at least once in each year.\n26—Report\n\t(1)\tThe Board must, no later than 31 July in each year, submit to the Minister a report on its operations during the financial year of the Board ending on the preceding 30 April.\n\t(2)\tThe report must incorporate—\n\t(a)\tthe audited statement of accounts of the Board for the period to which the report relates; and\n\t(b)\tthe five year plan prepared or revised by the Board under this Act.\n\t(3)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\n\t(4)\tAfter each meeting of the Board, the Board must provide a report on its activities undertaken since its previous meeting to—\n\t(a)\tevery regional committee; and\n\t(b)\tthe Wine Grape Council of South Australia; and\n\t(c)\tthe South Australian Wine Industry Association Incorporated; and\n\t(d)\tany other organisation or body prescribed by regulation.\n\t(5)\tA report under subsection (4) may include the minutes of the most recent Board meeting.\nPart 5—Miscellaneous\n27—Members of Board to be inspectors\nThe members of the Board are inspectors under the Plant Health Act 2009 ex officio.\n28—Power of delegation\n\t(1)\tThe Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n29—False or misleading statements\nA person must not, in furnishing information under this Act, make a statement that is false or misleading in a material particular.\nPenalty: Division 7 fine.\n30—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tThe regulations may prescribe a fine, not exceeding a division 7 fine, for contravention of the regulations.\n\t(3)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.\n\t(4)\tA provision of a regulation made under subsection (3) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nSchedule—Transitional provisions\n1—Interpretation\nIn this Schedule—\nthe repealed Act means the Phylloxera Act 1936.\n3—Vacation of office\nOn the commencement of this Act, the members of the Phylloxera Board who held office immediately prior to that commencement vacate their offices so that appointments may be made to the Board under this Act.\n4—Districts to continue as prescribed regions\nThe Phylloxera Districts defined in Schedule 2 of the repealed Act continue as prescribed regions under this Act until a regulation is made defining regions for the purposes of this Act.\n5—Contributions\nContributions will continue to be payable in accordance with the determination last made by the Phylloxera Board of South Australia under the repealed Act until the Board makes a fresh determination under this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Phylloxera and Grape Industry Act 1995 repealed the following:\nPhylloxera Act 1936\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1995\n19\nPhylloxera and Grape Industry Act 1995\n13.4.1995\n31.8.1995 (Gazette 31.8.1995 p552)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 63 (s 168)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n2\nPlant Health Act 2009\n12.2.2009\nSch 1 (cl 3 & 4)—1.8.2009 (Gazette 30.7.2009 p3437)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 113 (ss 265 & 266)—1.2.2010 (Gazette 28.1.2010 p320)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 29 (ss 184—190)—1.7.2015 (Gazette 25.6.2015 p3076)\n2019\n25\nStatutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 35 (s 77)—3.10.2019: s 2(1)\n2025\n5\nBiosecurity Act 2025\n13.2.2025\nSch 6 (cll 6 to 9)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\nChief Inspector\namended by 2/2009 Sch 1 cl 3\n1.8.2009\nSelection Committee\ndeleted by 8/2015 s 184\n1.7.2015\nPt 2\n\n\nPt 2 Div 1\n\n\ns 5\n\n\ns 5(1)\namended by 8/2015 s 185(1)\n1.7.2015\ns 5(2)\namended by 8/2015 s 185(2), (3)\n1.7.2015\n\n(b) deleted by 8/2015 s 185(3)\n1.7.2015\ns 5(3)\nsubstituted by 8/2015 s 185(4)\n1.7.2015\ns 9 before substitution by 84/2009\n\n\ns 9(3)\namended by 43/2006 s 168(1)\n1.6.2007\ns 9(8)\ninserted by 43/2006 s 168(2)\n1.6.2007\ns 9\nsubstituted by 84/2009 s 265\n1.2.2010\nPt 2 Div 2\ndeleted by 8/2015 s 186\n1.7.2015\nPt 2 Div 4\n\n\ns 18\n\n\ns 18(2)\namended by 25/2019 s 77\n3.10.2019\nPt 4\n\n\ns 26\n\n\ns 26(4)\namended by 8/2015 s 187\n1.7.2015\nPt 5\n\n\ns 27\namended by 2/2009 Sch 1 cl 4\n1.8.2009\ns 28\ndeleted by 84/2009 s 266\n1.2.2010\ns 28\ninserted by 8/2015 s 188\n1.7.2015\ns 30\n\n\ns 30(3)—(5)\ninserted by 8/2015 s 189\n1.7.2015\nSch\n\n\ncl 2\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n190—Transitional provision\nA member of the Selection Committee within the meaning of the Phylloxera and Grape Industry Act 1995 as in force immediately before the commencement of section 186 of this Act ceases to hold office on the commencement of this section.\nHistorical versions\n1.6.2007\n\n1.8.2009\n\n1.2.2010\n\n1.7.2015\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the full text of the Act was not retrievable. No comparison between original legislative intent and current provisions can be made. Please provide the actual text of the legislation for a complete analysis."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without the actual provisions, definitions, schedules, or regulatory frameworks contained in the Act","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"Named the Phylloxera and Grape Industry Act 1995 (SA), this law deals with preventing and managing phylloxera to protect South Australia’s grape and wine sector. It likely sets out quarantine and inspection powers, reporting duties for growers, and industry governance—affecting vineyard owners, wine producers, and anyone moving vines, soil or equipment because it’s central to safeguarding regional vineyards and the state’s wine economy."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond its original narrow focus on phylloxera (a specific vine-killing insect) to encompass broader 'disease' protection and explicit industry support. The original 1936 Act was purely about phylloxera control; the 1995 version added functions like research support, nursery accreditation, and general grape industry assistance (section 13(2)). The Board's name change from 'Phylloxera Board' to 'Phylloxera and Grape Industry Board' reflects this deliberate scope expansion from pure biosecurity to industry development."},"complexity_factors":["Moderate length statute (approximately 30 sections plus Schedule) with straightforward structure","11 defined terms in the interpretation section, most with clear, industry-specific meanings","Cross-references to external legislation (Plant Health Act 2009, Public Sector (Honesty and Accountability) Act 1995, Local Government Act 1934, etc.) but these are limited and manageable","Standard corporate governance provisions (quorum, voting, delegation) that follow common patterns","Some conditional logic in contribution calculations (Part 4) and correction of Register (section 22), but no deeply nested exceptions","Divisional penalty system referenced via Appendix creates slight abstraction but is standard South Australian practice","Transitional provisions and legislative history included but these are supplementary rather than complicating the operative text"],"plain_english_summary":"This South Australian law protects vineyards from pests and diseases—especially phylloxera, a tiny insect that destroys grape vines—while supporting the state's wine industry.\n\n**Who it affects:**\n- **Grape growers** who own vineyards of 0.5 hectares or more (about 5,000 square metres)\n- **Winemakers and distillers**\n- **Nurseries** that supply vine cuttings\n- Anyone who moves vineyard equipment or plant material around the state\n\n**What it does:**\n- **Establishes a Board** (the Phylloxera and Grape Industry Board) made up of industry experts and government representatives to oversee vineyard health\n- **Maintains a Register** of all significant vineyards, tracking location, vine varieties, age, and source—growers must report changes in ownership or size\n- **Funds protection efforts** through a dedicated Fund, paid for by compulsory contributions from vineyard owners, winemakers, and distillers (collected like land tax)\n- **Powers to act on outbreaks**—the Board can impose quarantines, restrict movement of equipment and plants, and develop eradication plans when disease strikes\n- **Requires planning**—the Board must publish a five-year plan reviewed annually at public meetings\n- **Protects privacy**—while the Board collects detailed vineyard data, it cannot share information identifying specific businesses without consent\n\n**Why it matters:**\nPhylloxera devastated European vineyards in the 1800s and remains a threat today. This law creates a coordinated, industry-funded defence system to prevent catastrophic losses to one of South Australia's key economic sectors. It balances biosecurity protection with industry support, ensuring growers have a voice in decision-making through regional committees and Board representation."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's governance and administrative scope have been modified by later amendments: references to the Chief Inspector were inserted (2009), Board appointment and selection provisions were revised (Statutes Amendment 2015, s 185), and delegation/reporting provisions were adjusted (2015 amendments to ss 26–30). Cross-references to the Plant Health Act 2009 and a not-yet-commenced Biosecurity Act 2025 (Sch 6) also alter inter-agency roles. These changes adjust who decides and how powers are exercised, while the Act's core disease‑control and funding functions remain."},"complexity_factors":["Multiple institutional roles and cross-references (Board, Chief Inspector, Minister) (ss 4, 5, 13)","Ministerial discretion in member appointments and approval of contribution rules (s 5, s 23)","Funding mechanism ties contributions to land tax collection and creates a statutory charge on land (s 23(3)–(4))","Registration threshold and reporting obligations for owners (0.5 ha) with penalties and expiation regime (ss 19–21, 29; Appendix)","Delegation powers allowing functions to be delegated broadly (s 17; s 28)","Privacy limit on data release balanced against data collection powers (s 13(1)(i), s 13(3))","Interaction with other legislation (Plant Health Act, Land Tax Act) and amendments recorded in legislative history","Regulations power that can prescribe offences, transitional provisions and administrative details (s 30)"],"plain_english_summary":"This Act establishes the Phylloxera and Grape Industry Board to identify vineyard disease risks, approve nurseries, maintain a Register of vineyard owners (0.5 ha or more), and direct action on outbreaks. It creates a dedicated Fund and authorises the Board to require contributions from registered persons, winemakers or distillers, collected as if land tax (ss 13, 19–21, 23–24).  The Minister appoints most Board members and approves contribution rules; owners must lodge returns within three months and may face penalties for false or late information (ss 5, 21, 23, 29)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/phylloxera-and-grape-industry-act-1995","history":"/api/acts/phylloxera-and-grape-industry-act-1995/history","analysis":"/api/acts/phylloxera-and-grape-industry-act-1995/analysis","conflicts":"/api/acts/phylloxera-and-grape-industry-act-1995/conflicts","importantCases":"/api/acts/phylloxera-and-grape-industry-act-1995/important-cases","documents":"/api/acts/phylloxera-and-grape-industry-act-1995/documents"}}