{"id":"primary-industry-funding-schemes-adelaide-hills-wine-industry-fund-regulations-2017","name":"Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2017","slug":"primary-industry-funding-schemes-adelaide-hills-wine-industry-fund-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236708,"registerId":"sa-primary-industry-funding-schemes-adelaide-hills-wine-industry-fund-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2017","content":"South Australia\nPrimary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2017\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n3\tInterpretation\n4\tAdelaide Hills Wine Industry Fund\n5\tContributions to Fund\n6\tApplication of Fund\n7\tExchange of information\n8\tExclusion from benefits of person in default in relation to contributions\n9\tFalse or misleading statements\nSchedule 1—Map showing Adelaide Hills\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2017.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Primary Industry Funding Schemes Act 1998;\nAdelaide Hills means the area outlined in bold and shown on the map in Schedule 1;\nAdelaide Hills grapes means any variety of grapes grown in the Adelaide Hills and used or intended to be used for wine;\nAdelaide Hills grapes winemaker means a person who carries on a business of making wine and who processes Adelaide Hills grapes for that purpose;\ndelivered—see subregulation (3);\nFund—see regulation 4;\nprescribed period means any of the following periods:\n\t(a)\ta prescribed period as defined under the revoked regulations;\n\t(b)\tthe period of 12 months commencing on 1 June 2018 or on 1 June in any subsequent year;\nrevoked regulations means the Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2003.\n\t(2)\tA person is in default in relation to contributions to the Fund if, within the immediately preceding 2 prescribed periods—\n\t(a)\tall or some of the contributions payable to the Fund by the person have not been paid; or\n\t(b)\tthe person has been refunded contributions from the Fund.\n\t(3)\tFor the purposes of these regulations—\n\t(a)\tgrapes will be taken to be delivered to an Adelaide Hills grapes winemaker by a grower of Adelaide Hills grapes when the winemaker takes possession of the grapes; and\n\t(b)\tif an Adelaide Hills grapes winemaker processes Adelaide Hills grapes grown by the winemaker, grapes will be taken to be delivered to the winemaker when the winemaker places the grapes in a container for the purposes of commencing processing of the grapes (including placing the grapes in a container for fermentation or in preparation for crushing or pressing).\n4—Adelaide Hills Wine Industry Fund\n\t(1)\tThe Adelaide Hills Wine Industry Fund (the Fund) established under the revoked regulations continues in existence.\n\t(2)\tThe Fund is administered by the Minister.\n\t(3)\tThe Fund consists of—\n\t(a)\tcontributions paid or collected in accordance with these regulations; and\n\t(b)\tcontributions paid or collected in accordance with the revoked regulations; and\n\t(c)\tincome of the Fund from investment; and\n\t(d)\tany other sums received by the Minister for payment into the Fund.\n5—Contributions to Fund\n\t(1)\tThe following contributions are payable to the Minister for payment into the Fund for Adelaide Hills grapes delivered to an Adelaide Hills grapes winemaker during a prescribed period commencing on or before 1 June 2021 other than a prescribed period as defined under the revoked regulations:\n\t(a)\tin the case of grapes grown by a person other than an Adelaide Hills grapes winemaker—\n\t(i)\tthe grower of the grapes must contribute $6.50 per tonne for each tonne of grapes delivered during the prescribed period; and\n\t(ii)\tthe winemaker must contribute $6.50 per tonne for each tonne of grapes delivered during the prescribed period;\n\t(b)\tin the case of grapes grown by an Adelaide Hills grapes winemaker, the winemaker must contribute $13.00 for each tonne of grapes delivered during the prescribed period.\n\t(1a)\tThe following contributions are payable to the Minister for payment into the Fund for Adelaide Hills grapes delivered to an Adelaide Hills grapes winemaker during a prescribed period commencing on or after 1 June 2022:\n\t(a)\tin the case of grapes grown by a person other than an Adelaide Hills grapes winemaker—\n\t(i)\tthe grower of the grapes must contribute the amount fixed for the period by the Minister, by notice in the Gazette, for each tonne of grapes delivered during the prescribed period; and\n\t(ii)\tthe winemaker must contribute the amount fixed for the period by the Minister, by notice in the Gazette, for each tonne of grapes delivered during the prescribed period; and\n\t(b)\tin the case of grapes grown by an Adelaide Hills grapes winemaker, the winemaker must contribute the amount fixed for the period by the Minister, by notice in the Gazette, for each tonne of grapes delivered during the prescribed period.\n\t(2)\tThe contributions are payable on or before the last day of the month that immediately follows the prescribed period.\n\t(3)\tContributions payable by a grower under subregulation (1)(a)(i) or (1a)(a)(i) must be paid on behalf of the grower by the Adelaide Hills grapes winemaker who purchases the grapes out of the amount payable by the winemaker to the grower for the grapes.\n\t(3a)\tThe Minister may, by notice in the Gazette published before the date for payment of contributions for a prescribed period, vary an amount fixed under this regulation in respect of the prescribed period.\n\t(3b)\tIf the Minister varies an amount under subregulation (3a) after the commencement of the relevant prescribed period, the amount as varied applies only in respect of the part of the prescribed period following the date on which the variation takes effect.\n\t(4)\tAn Adelaide Hills grapes winemaker must—\n\t(a)\tkeep proper records relating to the tonnage of Adelaide Hills grapes delivered to the winemaker, the growers of those grapes and the contributions required to be made (on the winemaker's own behalf and on behalf of growers) in respect of those grapes; and\n\t(b)\tmake those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.\n\t(5)\tAn Adelaide Hills grapes winemaker must, on or before the last day of the month that immediately follows a prescribed period—\n\t(a)\tfurnish the Minister with a financial statement relating to the contributions (on the winemaker's own behalf and on behalf of growers) for Adelaide Hills grapes delivered during that prescribed period that—\n\t(i)\tis in the form, and contains the information, required by the Minister; and\n\t(ii)\tis, if the person has the necessary equipment, in an electronic form acceptable to the Minister; and\n\t(b)\tforward to the Minister, with the annual financial statement required by paragraph (a), the required contributions (on the winemaker's own behalf and on behalf of growers) for Adelaide Hills grapes delivered during the prescribed period to which the financial statement relates.\n\t(6)\tRefunds of contributions paid in respect of Adelaide Hills grapes delivered during a prescribed period may be claimed by notice in writing to the Minister within the refund period for that prescribed period as follows:\n\t(a)\ta grower of Adelaide Hills grapes may claim a refund in respect of contributions paid by an Adelaide Hills grapes winemaker on behalf of the grower;\n\t(b)\tan Adelaide Hills grapes winemaker may claim a refund in respect of contributions paid on the winemaker's own behalf.\n\t(7)\tA person claiming a refund under subregulation (6) must supply the Minister with evidence acceptable to the Minister of the contributions made by the claimant in respect of which the claim for refund is made.\n\t(8)\tIf the person satisfies the Minister that the person is entitled to a refund, the Minister must refund to the person the amount of the contributions paid by or on behalf of the person, together with interest (at the official cash rate) on that amount for the period commencing on the date of payment of the contributions to the Minister and ending on the date of lodgment of the claim for the refund.\n\t(9)\tIn this regulation—\nofficial cash rate means the cash rate fixed by the Reserve Bank of Australia and prevailing on the date of lodgment of the claim for the refund;\nrefund period means—\n\t(a)\tin respect of a prescribed period up to and including the prescribed period commencing on 1 June 2020—the period of 12 months following the prescribed period; or\n\t(b)\tin respect of each subsequent prescribed period—the period of 6 months following the prescribed period.\n6—Application of Fund\nThe Fund may be applied by the Minister for any of the following purposes:\n\t(a)\tpayments to a body that, in the opinion of the Minister, represents both Adelaide Hills grapes winemakers and growers of Adelaide Hills grapes for 1 or more of the following purposes:\n\t(i)\tthe reasonable operating and management expenses of the body;\n\t(ii)\tpromoting the Adelaide Hills wine industry;\n\t(iii)\tundertaking or facilitating research and development, or the collection and dissemination to Adelaide Hills grapes winemakers and growers of Adelaide Hills grapes of information, relevant to the Adelaide Hills wine industry and, in particular, to the improvement of practices in the industry;\n\t(iv)\tprograms designed to encourage communication and cooperation between Adelaide Hills grapes winemakers and growers of Adelaide Hills grapes;\n\t(v)\tother purposes of the body;\n\t(b)\tpayments for other purposes for the benefit of the Adelaide Hills wine industry;\n\t(c)\tpayment of the expenses of administering the Fund;\n\t(d)\trepayment of contributions to the Fund under regulation 5.\n7—Exchange of information\nThe Minister may provide a body to which payments are made out of the Fund under regulation 6(a) with information identifying growers of Adelaide Hills grapes and Adelaide Hills grapes winemakers who have paid or been refunded contributions under these regulations or the revoked regulations.\n8—Exclusion from benefits of person in default in relation to contributions\nA person who is in default in relation to contributions to the Fund is not entitled to receive direct benefits or services funded by payments from the Fund.\n9—False or misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, for the purposes of these regulations.\nMaximum penalty: $5 000.\nSchedule 1—Map showing Adelaide Hills\n\nLegislative history\nNotes\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 these regulations (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 revoked by principal regulations\nThe Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2017 revoked the following:\nPrimary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2003\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n335\nGazette 12.12.2017 p5019 \n1.6.2018: r 2\n2021\n129\nGazette 2.9.2021 p3458\n2.9.2021: r 2\n2023\n11\nGazette 30.3.2023 p625\n30.3.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n2.9.2021\nr 3\n\n\nr 3(1)\n\n\nprescribed period\namended by 11/2023 r 3\n30.3.2023\nr 5\n\n\nr 5(1)\nvaried by 129/2021 r 4(1)\n2.9.2021\nr 5(1a)\ninserted by 129/2021 r 4(2)\n2.9.2021\nr 5(3)\nvaried by 129/2021 r 4(3)\n2.9.2021\nr 5(3a) and (3b)\ninserted by 129/2021 r 4(4)\n2.9.2021\nr 5(6)\nvaried by 129/2021 r 4(5)\n2.9.2021\nr 5(9)\nvaried by 129/2021 r 4(6)\n2.9.2021\nrefund period\ninserted by 129/2021 r 4(7)\n2.9.2021\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n2.9.2021\nHistorical versions\n2.9.2021\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The instrument moved from a fixed levy structure to one that permits the Minister to set and vary per‑tonne amounts by Gazette from 1 June 2022 (reg 5(1), 5(1a), 5(3a)–(3b)). Refund timing was shortened for later periods (reg 5(9)). The regulations continue the Fund established under the revoked 2003 regulations but increase ministerial discretion over rates and timing, affecting predictability for growers and winemakers."},"complexity_factors":["Two rate regimes: fixed per‑tonne rates for periods up to 1 June 2021 and minister‑set rates for periods from 1 June 2022 (reg 5(1), 5(1a))","Ministerial discretion to fix and vary amounts by notice in the Gazette, with intra‑period application rules (reg 5(3a)–(3b))","Collection mechanics require winemakers to withhold and pay growers’ contributions on the growers’ behalf and to submit statements and payments by set deadlines (reg 5(2)–(5))","Refund procedures and changing refund windows (12 months for earlier periods; 6 months for later periods) with interest at the official cash rate (reg 5(6)–(9))","Record‑keeping and inspection obligations on winemakers, creating administrative and compliance burden (reg 5(4)–(5))","Eligibility controls: persons in default over two prescribed periods are excluded from Fund‑funded benefits (reg 3(2), r 8)","Definitions that affect application (what counts as ‘delivered’) impose operational rules on when levies arise (reg 3(3))","Ministerial gatekeeping of which bodies may receive payments (Minister must be satisfied a body represents growers and winemakers) and ability to share contributor identities with such bodies (regs 6–7)","Offence provision with a monetary penalty for false or misleading statements (r 9), creating enforcement exposure","Continuity with, and amendments from, the revoked 2003 regulations and later variations, requiring attention to historical and transitional rules"],"plain_english_summary":"These regulations continue an Adelaide Hills wine-industry levy and set how it is collected, administered and spent. Growers and winemakers pay a per‑tonne contribution; the Minister administers the Fund, can fix or vary levy amounts by Gazette, collects payments (winemakers must often collect on growers’ behalf), and distributes money to an industry body or for promotion, research, administration and refunds. The rules require record‑keeping, reporting, inspections, and impose a penalty for false or misleading statements."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient text was available to assess whether the scope changed from original intent. Based on the title, the regulation appears narrowly focused on its stated purpose: establishing a funding scheme for the Adelaide Hills wine industry. No scope drift can be confirmed or denied without the actual legislative text."},"complexity_factors":["Legislation text was inaccessible due to a broken URL — full complexity cannot be properly assessed","Industry funding scheme regulations of this type are generally narrow in scope and straightforward in operation","Likely contains technical definitions of levy rates, prescribed regions, and payment mechanisms that add moderate complexity for affected parties","Operates under a parent Act which adds a layer of cross-referencing required to fully understand obligations"],"plain_english_summary":"This regulation appears to set up a funding scheme for the Adelaide Hills wine industry, collecting levies from local grape growers and winemakers to form a pooled industry fund. \n\nThe pooled money would be used for activities that benefit the region’s wine sector (e.g., marketing, research, pest management), affecting producers who may be required to pay and who may influence or benefit from how the fund is spent."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2003 regulations appear to have had fixed contribution rates. The 2017 version initially continued fixed rates ($6.50/$13.00) but was amended in 2021 to introduce Ministerial discretion to set rates by Gazette notice from 2022 onwards. This significantly expanded the Minister's power to adjust funding levels without further legislative amendment, moving from a fixed-rate system to a discretionary levy system."},"complexity_factors":["Multiple defined terms in regulation 3 (Act, Adelaide Hills, Adelaide Hills grapes, Adelaide Hills grapes winemaker, delivered, Fund, prescribed period, revoked regulations)","Nested conditional logic in contribution calculations (regulation 5) with different rates for different time periods (pre- and post-June 2022) and different parties (grower vs winemaker vs grower-winemaker)","Cross-references to revoked regulations for historical continuity and transitional provisions","Delegated legislative power allowing Minister to set contribution amounts by Gazette notice from 2022 onwards, with variation powers and timing restrictions","Dual refund periods (12 months vs 6 months) depending on which prescribed period applies","Complex definition of 'delivered' in regulation 3(3) with two scenarios (third-party delivery vs self-processing)","Default mechanism where winemakers act as collection agents for grower contributions"],"plain_english_summary":"This legislation establishes a **wine industry fund** for the Adelaide Hills region of South Australia. Here's what it does:\n\n**Who pays into the Fund**\n- **Grape growers** and **winemakers** in the Adelaide Hills must pay contributions (levies) based on the tonnage of grapes processed\n- If a grower sells grapes to a winemaker: both pay $6.50 per tonne each (or later, amounts set by the Minister)\n- If a winemaker grows their own grapes: they pay $13.00 per tonne (or the Minister-set amount)\n- Winemakers collect the grower's contribution by deducting it from the grape purchase price\n\n**What the Fund is used for**\nThe Minister can spend the money on:\n- Supporting an industry body that represents both growers and winemakers\n- Promoting Adelaide Hills wine\n- Research and development for the wine industry\n- Programs encouraging cooperation between growers and winemakers\n- Administering the Fund itself\n- Refunding contributions to those who claim them\n\n**Key rules**\n- Contributions are due monthly after each 12-month period ending 31 May\n- Winemakers must keep detailed records and submit financial statements\n- People can claim refunds within 6-12 months (depending on the period)\n- Those who don't pay their contributions lose access to Fund benefits\n- False statements attract a $5,000 penalty\n- The Minister can share payment information with the industry body\n\n**Why it matters**\nThis creates a **compulsory levy system** where industry participants fund collective activities like marketing and R&D. It's essentially a self-taxing arrangement where the Adelaide Hills wine industry pools resources to promote itself and improve practices."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-adelaide-hills-wine-industry-fund-regulations-2017","history":"/api/acts/primary-industry-funding-schemes-adelaide-hills-wine-industry-fund-regulations-2017/history","analysis":"/api/acts/primary-industry-funding-schemes-adelaide-hills-wine-industry-fund-regulations-2017/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-adelaide-hills-wine-industry-fund-regulations-2017/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-adelaide-hills-wine-industry-fund-regulations-2017/important-cases","documents":"/api/acts/primary-industry-funding-schemes-adelaide-hills-wine-industry-fund-regulations-2017/documents"}}