{"id":"primary-industry-funding-schemes-barossa-wine-industry-fund-regulations-2021","name":"Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2021","slug":"primary-industry-funding-schemes-barossa-wine-industry-fund-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236717,"registerId":"sa-primary-industry-funding-schemes-barossa-wine-industry-fund-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2021","content":"South Australia\nPrimary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2021\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n3\tInterpretation\n4\tBarossa Wine Industry Fund\n5\tContributions to Fund\n6\tRefunds of contributions\n7\tApplication of Fund\n8\tExchange of information\n9\tExclusion from benefits of person in default in relation to contributions\n10\tFalse or misleading statements\nSchedule 1—Map showing Barossa\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n2\tTransitional provisions\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2021.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Primary Industry Funding Schemes Act 1998;\nBarossa means the geographical area in relation to which the geographical indication \"Barossa\" is in force under the Wine Australia Act 2013 of the Commonwealth at the commencement of these regulations (see Schedule 1);\nBarossa grapes means any variety of grapes grown in the Barossa and used or intended to be used for wine;\nBarossa winemaker means a person who carries on a business of making wine and who processes Barossa grapes for that purpose;\ndefault in relation to contributions to the Fund—see subregulation (2);\ndelivered—see subregulation (3);\nFund—see regulation 4;\nprescribed period means each of the following periods:\n\t(a)\ta prescribed period within the meaning of the revoked regulations (up to and including the period of 12 months commencing on 1 June 2021);\n\t(b)\tthe period of 12 months commencing on 1 June 2022 or on 1 June in any subsequent year;\nrevoked regulations means the Primary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2007.\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 under these or the revoked regulations have not been paid; or\n\t(b)\tthe person has been refunded contributions from the Fund under these or the revoked regulations.\n\t(3)\tFor the purposes of these regulations—\n\t(a)\tgrapes will be taken to be delivered to a Barossa winemaker by a grower of Barossa grapes when the winemaker takes possession of the grapes; and\n\t(b)\tif a Barossa winemaker processes Barossa 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—Barossa Wine Industry Fund\n\t(1)\tThe Barossa 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)\tthe amount held in the Fund at the commencement of these regulations; and\n\t(b)\tcontributions paid or collected in accordance with the revoked regulations; and\n\t(c)\tcontributions paid or collected in accordance with these regulations; and\n\t(d)\tincome of the Fund from investment; and\n\t(e)\tany other sums received by the Minister for payment into the Fund.\n5—Contributions to Fund\n\t(1)\tSubject to these regulations, the following contributions are payable to the Minister, for payment into the Fund, for Barossa grapes delivered to a Barossa winemaker during a prescribed period commencing on or after 1 June 2022:\n\t(a)\tthe Barossa winemaker must contribute—\n\t(i)\tin the case of a Barossa winemaker who has a cellar door, winemaking facility or vineyard in the Barossa, the amount fixed for the period by the Minister by notice in the Gazette; or\n\t(ii)\tin any other case, whichever of the following is the greater amount:\n\t(A)\tthe amount fixed by the Minister, by notice in the Gazette, as the minimum contribution for the period;\n\t(B)\tthe amount fixed for the period by the Minister, by notice in the Gazette, for each tonne of grapes delivered to the winemaker during the period;\n\t(b)\ta grower of grapes who delivers the Barossa grapes to the Barossa winemaker must contribute the amount fixed for the period by the Minister, by notice in the Gazette, for each tonne of grapes delivered to the winemaker during the period.\n\t(2)\tThe Minister may, by notice in the Gazette, fix maximum amounts that are to be payable for a prescribed period by the grower of grapes or a winemaker under this regulation.\n\t(3)\tThe contributions in respect of a prescribed period are payable on or before the last day of the month that immediately follows the prescribed period.\n\t(4)\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 subregulation (1) or (2) in respect of the prescribed period.\n\t(5)\tIf the Minister varies an amount payable under subregulation (1) in respect of a prescribed period after the commencement of the 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(6)\tA Barossa winemaker must—\n\t(a)\tkeep proper records relating to the tonnage of Barossa 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(7)\tA Barossa 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 Barossa 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 financial statement required by paragraph (a), the required contributions (on the winemaker's own behalf and on behalf of growers) for Barossa grapes delivered during the prescribed period to which the financial statement relates.\n6—Refunds of contributions\n\t(1)\tRefunds of contributions paid under these regulations in respect of Barossa grapes delivered during a prescribed period may be claimed by notice in writing to the Minister within the 6 months following that prescribed period as follows:\n\t(a)\ta grower of Barossa grapes may claim a refund in respect of contributions paid by the grower or by a Barossa winemaker on behalf of the grower;\n\t(b)\ta Barossa winemaker may claim a refund in respect of contributions paid on the winemaker's own behalf.\n\t(2)\tA person claiming a refund under subregulation (1) must supply the Minister with evidence acceptable to the Minister of the contributions made by or on behalf of the claimant in respect of which the claim for refund is made.\n\t(3)\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(4)\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.\n7—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 Barossa winemakers and growers of Barossa 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 Barossa wine industry;\n\t(iii)\tundertaking or facilitating research and development, or the collection and dissemination to Barossa winemakers and growers of Barossa grapes of information, relevant to the Barossa wine industry and, in particular, to the improvement of practices in the industry;\n\t(iv)\tprograms designed to encourage communication and cooperation between Barossa winemakers and growers of Barossa grapes;\n\t(v)\tother purposes of the body;\n\t(b)\tpayments for other purposes for the benefit of the Barossa wine industry;\n\t(c)\tpayment of the expenses of administering the Fund;\n\t(d)\trepayment of contributions to the Fund under regulation 6.\n8—Exchange of information\nThe Minister may provide a body to which payments are made out of the Fund under regulation 7(a) with information identifying growers of Barossa grapes and Barossa winemakers who have paid or been refunded contributions under these regulations.\n9—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.\n10—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 Barossa\nThe following map is provided for information purposes only.\n\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n2—Transitional provisions\n\t(1)\tSubject to this clause, the revoked regulations, as in force immediately before their revocation under clause 1 of this Schedule, continue to operate in respect of the prescribed period under the revoked regulations that commenced on 1 June 2021 (the transitional prescribed period).\n\t(2)\tThe Minister may, by notice in the Gazette published before the date for payment of contributions for the transitional prescribed period, vary an amount fixed under regulation 5 of the revoked regulations in respect of that period.\n\t(3)\tThe period within which a person may claim a refund in respect of contributions paid into the Fund for the transitional prescribed period under regulation 6 of the revoked regulations is modified to be the period of 6 months following the transitional prescribed period.\nLegislative history\nNotes\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 (Barossa Wine Industry Fund) Regulations 2021 revoked the following:\nPrimary Industry Funding Schemes (Barossa Wine Industry Fund) Regulations 2007\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2021\n126\nGazette 2.9.2021 p3439 \n2.9.2021: r 2\n2023\n12\nGazette 30.3.2023 p626\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\n30.3.2023\nr 3\n\n\nr 3(1)\n\n\nprescribed period\namended by 12/2023 r 3\n30.3.2023\nSch 2\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n30.3.2023\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations largely continue the scope and purpose of the revoked 2007 regulations: they preserve the existing Barossa Wine Industry Fund, carry over monies and mechanisms for collecting levies, and set out the same categories of permitted expenditure (promotion, R&D, administration, etc.) (regulations 4 and 7). The main changes are procedural or modernising (explicitly tying the geographic scope to the Barossa geographical indication under the Wine Australia Act, updating prescribed‑period definitions, and providing transitional arrangements in Schedule 2), and they consolidate ministerial powers to set and vary levy rates by Gazette notice (regulation 5). Those changes alter operational detail and timing but do not materially expand the Fund’s substantive purpose or the class of persons subject to contributions compared with the prior instrument."},"complexity_factors":["About 8 defined or specialised terms in the interpretation section (e.g. Barossa, Barossa grapes, Barossa winemaker, prescribed period, revoked regulations, default, delivered, Fund) (regulation 3).","Cross‑references to revoked regulations (2007 instrument) and to the Wine Australia Act for the geographical indication that determine the Fund’s geographic scope (regulation 3 and Schedule 1).","Significant ministerial discretion to set, vary and cap contribution amounts by Gazette notice, including mid‑period variations (regulation 5(1)–(5)).","Multiple conditional payment rules (different rules for winemakers with Barossa premises vs those without; per‑tonne vs minimum amounts) (regulation 5(1)).","Refund mechanics include evidence requirements, a strict 6‑month claim window, and interest calculated to the lodgment date (regulation 6).","Default/exclusion rule depends on conduct over the immediately preceding two prescribed periods, creating time‑based eligibility conditions (regulation 3(2) and regulation 9).","Record‑keeping, electronic reporting requirement where equipment permits, and inspection rights (regulation 5(6)–(7)).","Transitional provisions preserving prior instrument for a specified transitional prescribed period and modifying its refund window (Schedule 2).","Penalty provision for false or misleading statements with a specified maximum monetary amount ($5,000) (regulation 10)."],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- Establish and continue the Barossa Wine Industry Fund (the Fund) and make the Minister responsible for administering it (regulation 4).\n- Require contributions to the Fund from two groups in respect of Barossa grapes delivered during each annual “prescribed period” (regulation 5):\n  - Barossa winemakers (people who make wine and process Barossa grapes). The winemaker’s contribution is either an amount fixed by the Minister (if the winemaker has a cellar door, winemaking facility or vineyard in the Barossa) or the greater of a Minister‑fixed minimum or a per‑tonne rate (regulation 5(1)(a)).\n  - Growers who deliver Barossa grapes to a Barossa winemaker must pay a per‑tonne amount fixed by the Minister (regulation 5(1)(b)).\n- The Minister sets contribution amounts and may publish maximums or vary amounts by notice in the Gazette (regulation 5(2), (4), (5)). Contributions for a prescribed period are payable by the last day of the month following that period (regulation 5(3)).\n- Winemakers must keep records of tonnage, growers and contributions, make them available for inspection, lodge a financial statement in the form the Minister requires (electronic if able), and forward the contributions with that statement (regulation 5(6)–(7)).\n- Refunds: growers or winemakers may claim refunds for contributions paid in a prescribed period within six months after that period; the Minister may require evidence and must pay refunded amounts with interest at the Reserve Bank cash rate up to the claim lodgment date (regulation 6).\n- The Fund may be used for specified purposes including payments to a body that, in the Minister’s opinion, represents both Barossa winemakers and growers for operating expenses, promotion, R&D and programs encouraging communication; for other purposes benefiting the Barossa wine industry; for Fund administration; and for repaying refunded contributions (regulation 7).\n- The Minister may provide recipient bodies with information identifying growers and winemakers who have paid or been refunded contributions (regulation 8).\n- People who are in “default” in relation to contributions (either unpaid contributions or who have been refunded in the immediately preceding two prescribed periods) are excluded from receiving direct benefits or services funded by the Fund (regulation 3(2), regulation 9).\n- It is an offence to make a false or misleading statement or record in relation to these regulations; maximum penalty $5,000 (regulation 10).\n- Transitional rules preserve operation of the revoked 2007 regulations for the 1 June 2021–period and adjust the refund claim window for that transitional period (Schedule 2).\n\n**Who pays, who decides, who benefits**\n\n- Who pays: growers delivering Barossa grapes and Barossa winemakers processing those grapes (regulation 5).\n- Who decides contribution levels and limits: the Minister, by notice in the Gazette (regulation 5(1)–(5)).\n- Who benefits: parties or activities funded from the Fund — primarily a body the Minister considers represents both winemakers and growers (regulation 7(a)), but also other purposes for the benefit of the Barossa wine industry and Fund administration (regulation 7(b)–(c)). The Minister controls payments (regulation 7).\n\n**Why it matters (official rationale and practical implications)**\n\n- The regulations set up an industry levying system to pool money for activities such as promotion, research and development, industry communication and administration (regulation 7). The official purpose is to provide a funding mechanism for those activities.\n\n- Costs and incentives (mechanisms, not judgments):\n  - Direct cost to growers and winemakers: contributions per prescribed period (regulation 5). Where a per‑tonne levy applies, larger tonnage increases absolute cost; a Minister‑fixed minimum or cellar‑door status creates different payment profiles between operators (regulation 5(1)(a)).\n  - Administration and compliance costs fall mainly on winemakers: bookkeeping, producing and supplying financial statements, and making records available for inspection (regulation 5(6)–(7)). Non‑compliance carries criminal penalty risk for false or misleading statements (regulation 10).\n  - The Fund channels spending decisions through the Minister (who sets rates and approves recipients) and through a recipient body the Minister considers representative (regulations 5, 7). That concentrates decision authority over how pooled funds are spent in two places: ministerial discretion and the chosen body (regulation 7(a)–(b)).\n  - Exclusion rules: a person who has not paid contributions or who was refunded in the previous two prescribed periods is ineligible to receive direct Fund benefits (regulations 3(2), 9). This creates an incentive to stay current with contributions to retain access to Fund‑funded services.\n  - Refunds are available but time‑limited and require evidence; refunded amounts attract interest calculated at the Reserve Bank cash rate to the lodgment date (regulation 6).\n\n**Trade‑offs, implementation risks and practical points**\n\n- Ministerial discretion and transparency: the Minister sets levy amounts and decides a recipient body (regulations 5 and 7). The rules require Gazette notices for amounts, which is a public instrument, but the regulations leave substantial discretion over levels and recipients.\n- Concentration of benefits and selection mechanism: payments are directed to a body the Minister considers representative of both growers and winemakers (regulation 7(a)). The mechanism gives that body access to identified payer information (regulation 8), which may alter bargaining or service provision dynamics between parties.\n- Compliance burden: winemakers must maintain and produce tonnage and payment records and provide statements (regulation 5(6)–(7)). The penalty for false or misleading information (regulation 10) and the possibility of inspection create enforcement leverage and compliance costs.\n- Behavioural effects: per‑tonne levies can affect pricing, contracting and the commercial terms under which growers sell grapes to winemakers. A minimum contribution for winemakers without Barossa premises (regulation 5(1)(a)(ii)) may shift cost incidence between different business models.\n- Transitional continuity: the 2021 regulations expressly continue the Fund from the revoked 2007 instrument and preserve contributions already held (regulation 4 and Schedule 2), so existing commitments are carried forward.\n\n**Key sections to look at quickly**\n- Who pays and how: regulation 5.\n- What the Fund can pay for: regulation 7.\n- Refunds and interest: regulation 6.\n- Default and exclusion from benefits: regulations 3(2) and 9.\n- Record keeping and inspection: regulation 5(6)–(7).\n- Exchange of payer information with recipient bodies: regulation 8.\n- Penalty for false or misleading statements: regulation 10 (max $5,000).\n\nThis summary focuses on what the regulations require and enable, who bears costs and who makes the spending decisions, and the practical compliance and incentive effects that follow from those mechanics (see cited regulations)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be formally assessed without the legislative text. Based on the title, the regulation appears narrowly targeted at the Barossa wine industry, consistent with what would be expected under the Primary Industry Funding Schemes Act 1998 (SA). No evidence of scope creep is apparent from the title alone."},"complexity_factors":["Complexity cannot be fully assessed — the legislative text was not retrievable due to a broken URL","Based on title and likely parent Act, this type of regulation is typically straightforward: it sets levy rates, defines who must pay, and establishes fund governance","Primary industry funding scheme regulations in SA generally follow a standardised template, keeping complexity low","No cross-jurisdictional or constitutional complexity expected for a state-based industry levy"],"plain_english_summary":"The Regulations set up a South Australian funding scheme for the Barossa wine industry, creating a pooled fund—likely financed by levies on local grape growers and winemakers—to support industry activities such as promotion, research and development. It affects Barossa producers and the bodies that administer the fund, and matters because it directs collective resources to sustain and promote a key regional industry."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as the original 2007 regulations. It is a straightforward re-enactment with updated machinery provisions (dates, references) but no expansion of purpose or substantive new powers. The Fund continues with identical objectives: collecting industry levies and funding promotion/research for the Barossa wine industry."},"complexity_factors":["Multiple defined terms in regulation 3 (7 defined terms including nested definitions for 'delivered' and 'default')","Conditional contribution structure in regulation 5 with tiered payment rules (winemakers with/without cellar doors, minimum vs per-tonne calculations)","Cross-references to revoked regulations (2007) and transitional provisions in Schedule 2 requiring readers to understand both old and new schemes simultaneously","Ministerial discretion exercised through Gazette notices (external documents not contained in the regulations themselves)","Temporal complexity with 'prescribed periods' running June-May and payment deadlines in the following month","Modified refund timeframes for transitional period creating exception to general rule"],"plain_english_summary":"**What this does:**\n\nThese regulations set up a funding scheme for the Barossa wine region in South Australia. They create (or continue) a special bank account called the **Barossa Wine Industry Fund** that collects money from winemakers and grape growers in the Barossa region. This money is then used to promote Barossa wines, fund research, and support industry bodies that represent local winemakers and growers.\n\n**Who it affects:**\n\n- **Barossa winemakers** — people who make wine using grapes grown in the Barossa region\n- **Grape growers** — people who grow grapes in the Barossa and sell them to winemakers\n- **Industry bodies** — organisations that represent both winemakers and growers (who can receive funding from the Fund)\n\n**How it works:**\n\n- Both winemakers and growers must pay contributions (fees) based on the amount of grapes processed or delivered each year\n- The exact amounts are set by the Minister and published in the Government Gazette (a public notice)\n- Winemakers with cellar doors or facilities in Barossa pay a fixed fee; others pay per tonne of grapes or a minimum fee\n- Growers pay per tonne of grapes they deliver to winemakers\n- People can claim refunds within 6 months if they change their mind or circumstances change\n- The Fund can be used for marketing, research, industry cooperation programs, and paying the body that represents winemakers and growers\n\n**Why it matters:**\n\nThis is essentially a **levy system** (a mandatory industry tax) that ensures the Barossa wine industry has pooled resources for collective marketing and research. Without this, individual small winemakers couldn't afford big promotional campaigns or research projects. It also includes enforcement mechanisms — people who don't pay can't receive benefits from the Fund, and lying on forms carries a $5,000 fine.\n\n**Key features:**\n- Replaced earlier 2007 regulations but kept the same Fund running\n- Includes a 6-month transition period for the 2021-2022 year\n- Allows information sharing between the Minister and industry bodies about who has paid\n- Interest is paid on refunds at the Reserve Bank cash rate"},"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/primary-industry-funding-schemes-barossa-wine-industry-fund-regulations-2021","history":"/api/acts/primary-industry-funding-schemes-barossa-wine-industry-fund-regulations-2021/history","analysis":"/api/acts/primary-industry-funding-schemes-barossa-wine-industry-fund-regulations-2021/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-barossa-wine-industry-fund-regulations-2021/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-barossa-wine-industry-fund-regulations-2021/important-cases","documents":"/api/acts/primary-industry-funding-schemes-barossa-wine-industry-fund-regulations-2021/documents"}}