{"id":"primary-industry-funding-schemes-clare-valley-wine-industry-fund-regulations-2021","name":"Primary Industry Funding Schemes (Clare Valley Wine Industry Fund) Regulations 2021","slug":"primary-industry-funding-schemes-clare-valley-wine-industry-fund-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236721,"registerId":"sa-primary-industry-funding-schemes-clare-valley-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 (Clare Valley Wine Industry Fund) Regulations 2021","content":"South Australia\nPrimary Industry Funding Schemes (Clare Valley Wine Industry Fund) Regulations 2021\nunder the Primary Industry Funding Schemes Act 1998\n\nContents\n1\tShort title\n3\tInterpretation\n4\tClare Valley 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 Clare Valley\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 (Clare Valley 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;\nClare Valley means the geographical area in relation to which the geographical indication \"Clare Valley\" is in force under the Wine Australia Act 2013 of the Commonwealth at the commencement of these regulations (see Schedule 1);\nClare Valley grapes means any variety of grapes grown in the Clare Valley and used or intended to be used for wine;\nClare Valley winemaker means a person who carries on a business of making wine and who processes Clare Valley 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 (Clare Valley Wine Industry Fund) Regulations 2008.\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 Clare Valley winemaker by a grower of Clare Valley grapes when the winemaker takes possession of the grapes; and\n\t(b)\tif a Clare Valley winemaker processes Clare Valley 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—Clare Valley Wine Industry Fund\n\t(1)\tThe Clare Valley 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 Clare Valley grapes delivered to a Clare Valley winemaker during a prescribed period commencing on or after 1 June 2022:\n\t(a)\tin the case of a Clare Valley winemaker who has a vineyard, winemaking facility or cellar door in the Clare Valley, the winemaker must contribute whichever of the following is the greater amount:\n\t(i)\tthe amount fixed by the Minister, by notice in the Gazette, as the minimum contribution for the period;\n\t(ii)\tan amount being the sum of—\n\t(A)\tthe amount fixed by the Minister for the period, by notice in the Gazette, for each tonne of grapes grown by the winemaker delivered during the period; and\n\t(B)\tthe amount fixed by the Minister for the period, by notice in the Gazette, for each tonne of grapes grown by a person other than the winemaker delivered during the prescribed period;\n\t(b)\tin the case of any other Clare Valley winemaker, the winemaker must contribute the amount fixed for the period by the Minister, by notice in the Gazette, for each tonne of grapes grown by a person other than the winemaker delivered during the prescribed period;\n\t(c)\tif the grapes are grown by a person other than the winemaker, the grower of the grapes must contribute the amount fixed by the Minister for the period by notice in the Gazette for each tonne of grapes delivered during the prescribed 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)\tContributions payable by a grower of Clare Valley grapes must be paid on behalf of the grower by the Clare Valley winemaker who purchases the grapes out of the amount payable by the winemaker to the grower for the grapes.\n\t(5)\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(6)\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(7)\tA Clare Valley winemaker must—\n\t(a)\tkeep proper records relating to the tonnage of Clare Valley 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(8)\tA Clare Valley 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 Clare Valley 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 Clare Valley 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 Clare Valley 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 Clare Valley grapes may claim a refund in respect of contributions paid by the grower or by a Clare Valley winemaker on behalf of the grower;\n\t(b)\ta Clare Valley 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 Clare Valley winemakers or growers of Clare Valley grapes (or both) 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 Clare Valley wine industry;\n\t(iii)\tundertaking or facilitating research and development, or the collection and dissemination to Clare Valley winemakers and growers of Clare Valley grapes of information, relevant to the Clare Valley wine industry and, in particular, to the improvement of practices in the industry;\n\t(iv)\tthe participation of the body in regional, State and national wine industry events;\n\t(v)\tprograms designed to encourage communication and cooperation between Clare Valley winemakers and growers of Clare Valley grapes;\n\t(vi)\tother purposes of the body;\n\t(b)\tpayments for other purposes for the benefit of the Clare Valley 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 Clare Valley grapes and Clare Valley 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 Clare Valley\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 (Clare Valley Wine Industry Fund) Regulations 2021 revoked the following:\nPrimary Industry Funding Schemes (Clare Valley Wine Industry Fund) Regulations 2008\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2021\n127\nGazette 2.9.2021 p3446 \n2.9.2021: r 2\n2023\n13\nGazette 30.3.2023 p627\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 13/2023 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":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation continues and re-enacts the Clare Valley Wine Industry Fund previously established by the 2008 regulations, preserving the Fund’s original purpose to collect levies and apply them to industry benefit activities. The changes are chiefly administrative and modernising (for example, updated definitions, fresh ministerial powers to set or vary rates by Gazette notice, and transitional arrangements to move from the revoked regulations) rather than an expansion of substantive scope. Recent variations to the definition of \"prescribed period\" and minor editorial changes do not materially broaden the Fund’s purposes or the classes of persons subject to contributions; they adjust timing and administrative mechanics (see reg 3 and Schedule 2)."},"complexity_factors":["Relatively short instrument (10 substantive regulations + schedules).","About 8 defined terms in the interpretation section (Act; Clare Valley; Clare Valley grapes; Clare Valley winemaker; default in relation to contributions; delivered; Fund; prescribed period; revoked regulations).","Moderate cross-referencing to the revoked regulations and to the Primary Industry Funding Schemes Act 1998 (interpretation and continuity) (reg 3, reg 4, Schedule 2).","Conditional rate-setting and variation powers for the Minister (multiple clauses in reg 5: minima, per-tonne rates, maxima, variation before/after period commencement).","Collection and reporting obligations with timing conditions (reg 5(3), 5(7)–(8)).","Refund procedure with evidentiary requirement and interest (reg 6).","Enforcement features are simple (exclusion from benefits and a single statutory penalty provision) (regs 9–10).","Transitional provisions that preserve operation of revoked regulations for a specified transitional period (Schedule 2)."],"plain_english_summary":"**What this regulation does (mechanics)\n\n- Continues the Clare Valley Wine Industry Fund (the Fund) and makes the Minister responsible for administering it (reg 4).\n- Requires contributions (fees) to be paid into the Fund for Clare Valley grapes delivered to Clare Valley winemakers during each \"prescribed period\" (reg 5). The Minister fixes the contribution rates and any maxima by notice in the Gazette (reg 5(1)–(2), 5(5)–(6)).\n- Sets who pays and how collection works:\n  - A Clare Valley winemaker who has a vineyard, winemaking facility or cellar door in the Clare Valley must pay either a minimum amount set by the Minister or a per-tonne amount for grapes they grow plus a per-tonne amount for grapes they buy from other growers — whichever is greater (reg 5(1)(a)).\n  - Other Clare Valley winemakers pay a per-tonne rate for grapes grown by others (reg 5(1)(b)).\n  - Growers (if different to the winemaker) must pay a per-tonne amount for grapes they deliver; but that contribution must be paid on the grower’s behalf by the winemaker from the winemaker’s payment to the grower (reg 5(1)(c), 5(4)).\n- Payment timing and reporting: contributions are payable on or before the last day of the month immediately following the prescribed period; winemakers must keep tonnage and payment records and lodge a financial statement and the contributions to the Minister by that same date (reg 5(3), 5(7)–(8)).\n- Refunds: growers or winemakers can claim refunds for contributions relating to a prescribed period within six months after that period. The Minister may require evidence; if a refund is due the Minister must pay interest at the Reserve Bank official cash rate from payment date to claim date (reg 6).\n- Uses of the Fund: the Minister may apply Fund money to pay a body that, in the Minister’s opinion, represents Clare Valley winemakers or growers (for operating costs, promotion, R&D, participation in events, communication programs and related purposes), for other industry-benefit purposes, for Fund administration costs, or to repay refunded contributions (reg 7).\n- Information sharing: the Minister may give recipient bodies identifying information about growers and winemakers who have paid or been refunded contributions (reg 8).\n- Default and exclusion: a person is in default if they failed to pay contributions or were refunded contributions within the immediately preceding two prescribed periods (reg 3(2)). People in default are not entitled to direct benefits or services funded by the Fund (reg 9).\n- Record accuracy and penalty: it is an offence (maximum $5,000) to give materially false or misleading information or keep false records for the regulations’ purposes (reg 10).\n- Transitional provisions preserve the operation of the previous (2008) regulations for a transitional prescribed period beginning 1 June 2021 and permit ministerial variation for that period; the time to claim refunds for that transitional period is six months (Schedule 2).\n\nWho this affects\n\n- Clare Valley winemakers (defined as people who make wine and process Clare Valley grapes) — they collect and pay contributions, keep records, and lodge financial statements (regs 3, 5).\n- Growers of Clare Valley grapes — they are liable for per-tonne contributions but those contributions are collected and remitted by the buyer (the winemaker) (reg 5(1)(c), 5(4)).\n- Any bodies that receive Fund payments — they may be given identifying information about paying growers and winemakers and must use funds for the permitted purposes (regs 7–8).\n\nWhy it matters (purpose claims and operational implications)\n\n- The instrument formalises a small, industry-specific levy system to raise money for activities described as promoting and supporting the Clare Valley wine industry (reg 7). That is the positive purpose claimed by the regulation; the mechanics show how that purpose is funded and administered.\n\n- Who pays, who decides, and what behaviour changes:\n  - Who pays: growers and winemakers ultimately fund the levy (reg 5). Costs are collected chiefly by winemakers at the point of purchase (reg 5(4)).\n  - Who decides: the Minister sets contribution rates and maxima by Gazette notice and decides to whom Fund payments are made and what identifying information to disclose to recipient bodies (regs 5(1), 5(2), 5(5), 7, 8).\n  - Behaviour changes: winemakers must keep and make available accurate tonnage/payment records and submit statements; growers must accept that their fee will be deducted by purchasers and may be identifiable to recipient bodies (regs 5(7)–(8), 5(4), 8).\n\nTrade‑offs, compliance costs and implementation risks (concrete mechanisms)\n\n- Compliance burden: the principal administrative burden falls on winemakers (record-keeping, electronic reporting where required, and remitting contributions) (reg 5(7)–(8)). Growers face lower direct administrative duties but bear the economic cost via deductions from grapes payments (reg 5(4)).\n- Ministerial discretion and governance risk: the Minister has broad powers to set rates, maxima and recipients (regs 5(1)–(2), 5(5), 7). That concentrates decision-making with the Minister and makes outcomes sensitive to how those discretions are used; the regulations do not prescribe a formal allocation process or selection criteria for recipient bodies (reg 7). This creates execution and accountability risks (implementation and oversight depend on administrative practice rather than detailed statutory constraints).\n- Concentrated benefits, diffuse costs: payments from the Fund are targeted (payments to a representative body or industry-benefit uses) while the cost is spread across many growers and winemakers. The regulations enable payments for operational and promotional activities of a body representing the industry (reg 7(a)). That structure can produce concentrated recipients (a small group or single body) receiving ongoing funding from many contributors.\n- Refund and default mechanics: the refund window (six months) and the requirement for acceptable evidence create an administrative reconciliation process (reg 6). The default rule (failure to pay or prior refunds within two prescribed periods) leads to exclusion from direct Fund benefits (regs 3(2), 9), which gives an enforcement lever but may also complicate eligibility determinations.\n- Privacy and commercial information: the Minister may disclose identifying payer information to recipient bodies (reg 8). That is an explicit statutory disclosure power and could affect commercial confidentiality or relationships between growers and buyers.\n\nNet effect in practical terms\n\n- The regulation creates a recurring, administratively collected levy on Clare Valley grapes to finance industry activities, places collection and reporting duties mainly on winemakers, gives the Minister rate-setting and allocation discretion, allows recipients access to payer information, provides a narrow refund mechanism with interest, and enforces compliance by exclusion from benefits and a monetary penalty for false statements (regs 4–10)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent — the full text of the legislation was not retrievable. Based on the title, the regulations appear narrowly focused on a single regional wine industry fund, suggesting a contained and specific scope consistent with the Primary Industry Funding Schemes framework in South Australia."},"complexity_factors":["Actual legislative text was unavailable — a 'Page Not Found' error was returned instead of the regulation content","Analysis is based solely on the title, making any complexity assessment speculative","Primary Industry Funding Scheme regulations in SA are typically narrow and technical in scope but not broadly complex","Industry levy/fund regulations of this type usually involve straightforward definitions, levy rates, and fund governance rules"],"plain_english_summary":"Likely establishes a Clare Valley Wine Industry Fund under South Australia’s Primary Industry Funding Schemes to pool levies from local grape growers and winemakers. It would govern who pays, how funds are managed, and typical uses like marketing, research and regional promotion.\n\nThis affects Clare Valley grape growers, wine producers and related buyers; details require the actual regulation text for confirmation."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains the original scope of industry-specific funding for the Clare Valley wine region. The 2021 regulations are a direct replacement of the 2008 regulations with updated machinery provisions, but do not expand beyond the original purpose of establishing a compulsory levy system for regional wine industry promotion and research."},"complexity_factors":["Multiple calculation methods for contributions depending on business type (winemaker with/without local facilities, grower vs winemaker-grown grapes)","Nested conditional logic in regulation 5(1) with minimum contributions, per-tonne rates, and maximum caps all set by Gazette notice","Cross-references to revoked 2008 regulations for transitional period handling","Defined terms include functional tests ('delivered' has two different triggers depending on whether winemaker grows their own grapes)","Temporal complexity with prescribed periods, transitional periods, and varying commencement dates","Administrative machinery requiring record-keeping, financial statements, and Gazette notices rather than fixed statutory rates"],"plain_english_summary":"This legislation sets up a **mandatory levy system** for the Clare Valley wine region in South Australia. Here's what it does:\n\n**Who pays:**\n- **Grape growers** in the Clare Valley who sell their grapes to local winemakers\n- **Winemakers** in the Clare Valley who either grow their own grapes or buy grapes from growers\n\n**How it works:**\n- Everyone pays a contribution (essentially a fee) per tonne of grapes delivered, with rates set by the Minister and published in the Gazette (the government's official newspaper)\n- Winemakers with vineyards or facilities in the Clare Valley must pay a **minimum contribution** each year, even if they don't process many grapes\n- Winemakers collect the growers' contributions by deducting them from the purchase price paid for grapes\n\n**What the money is used for:**\nThe Fund supports the local wine industry through:\n- Marketing and promotion of Clare Valley wines\n- Research and development\n- Industry events and networking\n- Operating expenses of industry representative bodies\n\n**Key rules:**\n- Contributions are due monthly after each 12-month period ending 31 May\n- People can claim refunds within 6 months if they change their mind\n- Those who don't pay (or who claim refunds) are **banned from receiving benefits** from the Fund\n- False statements attract fines up to $5,000\n- The Minister can share payment information with industry bodies\n\n**Why it matters:**\nThis is a **compulsory industry funding scheme** — if you're in the Clare Valley wine business, you must participate. It ensures collective investment in regional promotion and research, but also means government involvement in collecting money and enforcing compliance."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industry-funding-schemes-clare-valley-wine-industry-fund-regulations-2021","history":"/api/acts/primary-industry-funding-schemes-clare-valley-wine-industry-fund-regulations-2021/history","analysis":"/api/acts/primary-industry-funding-schemes-clare-valley-wine-industry-fund-regulations-2021/analysis","conflicts":"/api/acts/primary-industry-funding-schemes-clare-valley-wine-industry-fund-regulations-2021/conflicts","importantCases":"/api/acts/primary-industry-funding-schemes-clare-valley-wine-industry-fund-regulations-2021/important-cases","documents":"/api/acts/primary-industry-funding-schemes-clare-valley-wine-industry-fund-regulations-2021/documents"}}