{"id":"qld:sl-2009-0170","name":"Wine Industry Regulation 2009","slug":"wine-industry-regulation-2009","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"170 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175804,"registerId":"qld-qld:sl-2009-0170-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Wine Industry Regulation 2009 .","sortOrder":1},{"sectionNumber":"pt.2","sectionType":"part","heading":"Application for licence","content":"# Application for licence","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Particulars to be included in application for licence— Act , s 7 (1) (b)","content":"### sec.2 Particulars to be included in application for licence— Act , s 7 (1) (b)\n\nThe following particulars must be included in an application for a licence—\na copy of the registered plan of survey and the instrument of title for the premises to which the application relates;\na description of each area from which it is proposed to sell or supply wine on the premises;\na plan of the premises drawn to scale showing the layout of the premises;\nif a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business;\nevidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises;\nif the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine—\nthe types of fruit grown on the premises for making wine; and\nthe size of the area in which each type of fruit is grown;\nif the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises;\nif the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.\nIn this section—\nfood business see the Food Act 2006 , section 13 .\nfood licence means a licence issued by a local government under the Food Act 2006 , section 60 or 64 .\nplanning scheme means a planning scheme under the Planning Act 2016 .\nrelevant local government , for premises, means the local government for the area in which the premises are located.\ns 2 amd 2009 SL No. 280 s 205 ; 2017 SL No. 103 s 186\n(sec.2-ssec.1) The following particulars must be included in an application for a licence— a copy of the registered plan of survey and the instrument of title for the premises to which the application relates; a description of each area from which it is proposed to sell or supply wine on the premises; a plan of the premises drawn to scale showing the layout of the premises; if a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business; evidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises; if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine— the types of fruit grown on the premises for making wine; and the size of the area in which each type of fruit is grown; if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises; if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.\n(sec.2-ssec.2) In this section— food business see the Food Act 2006 , section 13 . food licence means a licence issued by a local government under the Food Act 2006 , section 60 or 64 . planning scheme means a planning scheme under the Planning Act 2016 . relevant local government , for premises, means the local government for the area in which the premises are located.\n- (a) a copy of the registered plan of survey and the instrument of title for the premises to which the application relates;\n- (b) a description of each area from which it is proposed to sell or supply wine on the premises;\n- (c) a plan of the premises drawn to scale showing the layout of the premises;\n- (d) if a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business;\n- (e) evidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises;\n- (f) if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine— (i) the types of fruit grown on the premises for making wine; and (ii) the size of the area in which each type of fruit is grown;\n- (i) the types of fruit grown on the premises for making wine; and\n- (ii) the size of the area in which each type of fruit is grown;\n- (g) if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises;\n- (h) if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.\n- (i) the types of fruit grown on the premises for making wine; and\n- (ii) the size of the area in which each type of fruit is grown;","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Labelling of sealed container— Act , s 17","content":"### sec.3 Labelling of sealed container— Act , s 17\n\nThis section does not apply to a sealed container of wine to which a label was applied before 1 September 1995.\nA label on a sealed container in which a licensee’s wine is sold or supplied must state—\nthe area where the fruit used to make the wine was grown; and\nthe place the wine was made.\n(sec.3-ssec.1) This section does not apply to a sealed container of wine to which a label was applied before 1 September 1995.\n(sec.3-ssec.2) A label on a sealed container in which a licensee’s wine is sold or supplied must state— the area where the fruit used to make the wine was grown; and the place the wine was made.\n- (a) the area where the fruit used to make the wine was grown; and\n- (b) the place the wine was made.","sortOrder":4},{"sectionNumber":"pt.3","sectionType":"part","heading":"Advertising and submissions on licence applications","content":"# Advertising and submissions on licence applications","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Advertisement of applications— Act , s 25 (2)","content":"### sec.4 Advertisement of applications— Act , s 25 (2)\n\nFor the Act , section 25 (2) , an application must be advertised by—\npublishing a notice in a newspaper circulating—\nin the area of the State to which the application relates; or\nin the State, if there is not a newspaper circulating in the area of the State to which the application relates; and\nconspicuously displaying a notice on the premises for the submission period.\nThe notice must state the following information—\nthe type of licence being applied for;\nthe name of the applicant;\nthe name of the premises;\nthe principal activity of the business operated on the premises;\nthe trading hours of the premises;\nthat written submissions may be made to the chief executive objecting to the granting of the application;\nthe notice date;\nthe submission period.\nThe notice under subsection (1) (a) must be published in the newspaper—\nonce within the first 7 days of the submission period; and\nonce between 14 and 21 days from the start of the submission period.\nThe notice under subsection (1) (b) must be printed on a sign that—\nis at least 600mm wide and 900mm high; and\nhas a heading in a bold style; and\nhas lettering for the heading at least 50mm high; and\nhas lettering for the body of the text at least 15mm high; and\nif situated outdoors—is constructed of weatherproof material.\nIn this section—\nnotice date , for an application, means—\nif the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or\notherwise—the day that is 28 days after the chief executive decides that the application should be advertised.\nsubmission period means a period of 28 days starting on the notice date.\n(sec.4-ssec.1) For the Act , section 25 (2) , an application must be advertised by— publishing a notice in a newspaper circulating— in the area of the State to which the application relates; or in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and conspicuously displaying a notice on the premises for the submission period.\n(sec.4-ssec.2) The notice must state the following information— the type of licence being applied for; the name of the applicant; the name of the premises; the principal activity of the business operated on the premises; the trading hours of the premises; that written submissions may be made to the chief executive objecting to the granting of the application; the notice date; the submission period.\n(sec.4-ssec.3) The notice under subsection (1) (a) must be published in the newspaper— once within the first 7 days of the submission period; and once between 14 and 21 days from the start of the submission period.\n(sec.4-ssec.4) The notice under subsection (1) (b) must be printed on a sign that— is at least 600mm wide and 900mm high; and has a heading in a bold style; and has lettering for the heading at least 50mm high; and has lettering for the body of the text at least 15mm high; and if situated outdoors—is constructed of weatherproof material.\n(sec.4-ssec.5) In this section— notice date , for an application, means— if the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or otherwise—the day that is 28 days after the chief executive decides that the application should be advertised. submission period means a period of 28 days starting on the notice date.\n- (a) publishing a notice in a newspaper circulating— (i) in the area of the State to which the application relates; or (ii) in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and\n- (i) in the area of the State to which the application relates; or\n- (ii) in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and\n- (b) conspicuously displaying a notice on the premises for the submission period.\n- (i) in the area of the State to which the application relates; or\n- (ii) in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and\n- (a) the type of licence being applied for;\n- (b) the name of the applicant;\n- (c) the name of the premises;\n- (d) the principal activity of the business operated on the premises;\n- (e) the trading hours of the premises;\n- (f) that written submissions may be made to the chief executive objecting to the granting of the application;\n- (g) the notice date;\n- (h) the submission period.\n- (a) once within the first 7 days of the submission period; and\n- (b) once between 14 and 21 days from the start of the submission period.\n- (a) is at least 600mm wide and 900mm high; and\n- (b) has a heading in a bold style; and\n- (c) has lettering for the heading at least 50mm high; and\n- (d) has lettering for the body of the text at least 15mm high; and\n- (e) if situated outdoors—is constructed of weatherproof material.\n- (a) if the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or\n- (b) otherwise—the day that is 28 days after the chief executive decides that the application should be advertised.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Who may make a submission— Act , s 26 (2) (a)","content":"### sec.5 Who may make a submission— Act , s 26 (2) (a)\n\nA submission to the chief executive objecting to the granting of an application may be made by—\nan adult or body of persons that—\nhas a proper interest in the area of the State to which the application relates; and\nis likely to be affected by the grant of the application; or\nthe local government for the area of the State to which the application relates; or\nthe Assistant Commissioner in charge of the police service for the area of the State to which the application relates.\n- (a) an adult or body of persons that— (i) has a proper interest in the area of the State to which the application relates; and (ii) is likely to be affected by the grant of the application; or\n- (i) has a proper interest in the area of the State to which the application relates; and\n- (ii) is likely to be affected by the grant of the application; or\n- (b) the local government for the area of the State to which the application relates; or\n- (c) the Assistant Commissioner in charge of the police service for the area of the State to which the application relates.\n- (i) has a proper interest in the area of the State to which the application relates; and\n- (ii) is likely to be affected by the grant of the application; or","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"How a submission may be made— Act , s 26 (2) (b)","content":"### sec.6 How a submission may be made— Act , s 26 (2) (b)\n\nA submission objecting to the grant of an application may be made individually or by petition.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"When submission to be made— Act , s 26 (2) (c)","content":"### sec.7 When submission to be made— Act , s 26 (2) (c)\n\nA submission objecting to the grant of an application must be made to the chief executive within the submission period.\nIn this section—\nsubmission period see section 4 (5) .\n(sec.7-ssec.1) A submission objecting to the grant of an application must be made to the chief executive within the submission period.\n(sec.7-ssec.2) In this section— submission period see section 4 (5) .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Grounds on which an objection may be made— Act , s 26 (2) (d)","content":"### sec.8 Grounds on which an objection may be made— Act , s 26 (2) (d)\n\nThe grounds on which a person may object to the grant of an application are—\nundue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or\nthe amenity, quiet or good order of the locality would be adversely affected in some way.\nIn this section—\nlocality means the locality of the premises to which the application relates.\n(sec.8-ssec.1) The grounds on which a person may object to the grant of an application are— undue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or the amenity, quiet or good order of the locality would be adversely affected in some way.\n(sec.8-ssec.2) In this section— locality means the locality of the premises to which the application relates.\n- (a) undue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or\n- (b) the amenity, quiet or good order of the locality would be adversely affected in some way.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Requirements of submission by petition","content":"### sec.9 Requirements of submission by petition\n\nA submission purporting to be by petition is ineffective, and may be disregarded, unless—\neach sheet of the petition has an identical heading clearly stating the subject matter of the petition and positioned to be clearly legible to every person whose signature on the petition is sought; and\neach signatory to the petition adds particulars of his or her connection with the area of the State to which the application relates; and\neach sheet of the petition states the name of the petition’s sponsor with whom contact between the chief executive and the signatories to the petition is to take place.\nA notice given by the chief executive, or the tribunal, to the sponsor of the petition is taken to be given to all signatories to the petition.\ns 9 amd 2009 Act No. 24 s 872 (amd 2009 Act No. 48 s 102 )\n(sec.9-ssec.1) A submission purporting to be by petition is ineffective, and may be disregarded, unless— each sheet of the petition has an identical heading clearly stating the subject matter of the petition and positioned to be clearly legible to every person whose signature on the petition is sought; and each signatory to the petition adds particulars of his or her connection with the area of the State to which the application relates; and each sheet of the petition states the name of the petition’s sponsor with whom contact between the chief executive and the signatories to the petition is to take place.\n(sec.9-ssec.2) A notice given by the chief executive, or the tribunal, to the sponsor of the petition is taken to be given to all signatories to the petition.\n- (a) each sheet of the petition has an identical heading clearly stating the subject matter of the petition and positioned to be clearly legible to every person whose signature on the petition is sought; and\n- (b) each signatory to the petition adds particulars of his or her connection with the area of the State to which the application relates; and\n- (c) each sheet of the petition states the name of the petition’s sponsor with whom contact between the chief executive and the signatories to the petition is to take place.","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"Consideration of conferences and objections","content":"# Consideration of conferences and objections","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Conference of interested persons and consideration by chief executive","content":"### sec.10 Conference of interested persons and consideration by chief executive\n\nThis section applies to the chief executive when considering an application for a licence.\nThe chief executive may hold a conference with the interested persons for the application.\nIf a conference is held and a formal agreement is reached between the interested persons for the application, the chief executive must, in considering the application, have regard to the formal agreement.\nIf a conference is not held or a conference was held but no agreement was reached, the chief executive must, in considering the application, have regard to—\nall submissions objecting to the grant of the application; and\nthe impact on the amenity of the community concerned.\nEvidence of anything said or done during a conference is inadmissible in a proceeding before the Tribunal unless the parties to the conference agree otherwise.\nIn this section—\nformal agreement means a written agreement—\nsigned by interested persons; and\nthat the chief executive is satisfied is lawful.\ninterested person , for an application, means—\nthe applicant; or\na person who has properly made a submission objecting to the application.\n(sec.10-ssec.1) This section applies to the chief executive when considering an application for a licence.\n(sec.10-ssec.2) The chief executive may hold a conference with the interested persons for the application.\n(sec.10-ssec.3) If a conference is held and a formal agreement is reached between the interested persons for the application, the chief executive must, in considering the application, have regard to the formal agreement.\n(sec.10-ssec.4) If a conference is not held or a conference was held but no agreement was reached, the chief executive must, in considering the application, have regard to— all submissions objecting to the grant of the application; and the impact on the amenity of the community concerned.\n(sec.10-ssec.5) Evidence of anything said or done during a conference is inadmissible in a proceeding before the Tribunal unless the parties to the conference agree otherwise.\n(sec.10-ssec.6) In this section— formal agreement means a written agreement— signed by interested persons; and that the chief executive is satisfied is lawful. interested person , for an application, means— the applicant; or a person who has properly made a submission objecting to the application.\n- (a) all submissions objecting to the grant of the application; and\n- (b) the impact on the amenity of the community concerned.\n- (a) signed by interested persons; and\n- (b) that the chief executive is satisfied is lawful.\n- (a) the applicant; or\n- (b) a person who has properly made a submission objecting to the application.","sortOrder":13},{"sectionNumber":"pt.5","sectionType":"part","heading":"Queensland Wine Industry Policy Council","content":"# Queensland Wine Industry Policy Council","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions of Policy Council— Act , s 55 (2)","content":"### sec.11 Functions of Policy Council— Act , s 55 (2)\n\nThe functions of the Queensland Wine Industry Policy Council are—\nto consult with, and provide advice to, the Minister about issues of strategic significance to the wine industry; and\nto examine, and make recommendations to the Minister on, issues relevant to the wine industry, either on the council’s own initiative or if asked by the Minister; and\nto find out, and advise the Minister on, the wine industry’s views about the administration of the industry; and\nto provide a forum for discussion of issues relevant to the wine industry; and\nto provide a mechanism for the recognition of excellence in the wine industry.\n- (a) to consult with, and provide advice to, the Minister about issues of strategic significance to the wine industry; and\n- (b) to examine, and make recommendations to the Minister on, issues relevant to the wine industry, either on the council’s own initiative or if asked by the Minister; and\n- (c) to find out, and advise the Minister on, the wine industry’s views about the administration of the industry; and\n- (d) to provide a forum for discussion of issues relevant to the wine industry; and\n- (e) to provide a mechanism for the recognition of excellence in the wine industry.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Membership of Policy Council— Act , s 56 (2)","content":"### sec.12 Membership of Policy Council— Act , s 56 (2)\n\nThe Queensland Wine Industry Policy Council consists of the number of members (not less than 3 nor more than 5) decided by the Minister.\nThe Minister must appoint the members on the basis of their capacity to adequately represent the strategic interests of the wine industry.\n(sec.12-ssec.1) The Queensland Wine Industry Policy Council consists of the number of members (not less than 3 nor more than 5) decided by the Minister.\n(sec.12-ssec.2) The Minister must appoint the members on the basis of their capacity to adequately represent the strategic interests of the wine industry.","sortOrder":16},{"sectionNumber":"pt.6","sectionType":"part","heading":"Records","content":"# Records","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Records to be kept by licensee for a wine producer licence— Act , s 50 (1)","content":"### sec.13 Records to be kept by licensee for a wine producer licence— Act , s 50 (1)\n\nA licensee for a wine producer licence must keep records about the following—\nif the licensee grows, on the licensed premises, fruit to be used for making wine—\nthe types of fruit grown; and\nthe size of the area in which each type of fruit is grown; and\nthe day each area is planted with the plants, trees or vines on which the fruit is grown; and\nthe day the fruit is harvested;\nif the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine—\nthe name and address of each person who grew the fruit used by the licensee to make the wine; and\nthe amount of fruit delivered by each person; and\nthe day the fruit is delivered by each person;\nif the licensee makes wine on the licensed premises—\nthe type of fruit used to make each wine; and\nthe quantity of fruit used to make each wine; and\nthe day the wine is bottled;\nif the licensee has wine made but the wine is not made on the licensed premises—\nthe name and address of the person who made the wine for the licensee; and\nthe amount of each type of fruit sent to the person; and\nthe day the fruit is delivered to the person; and\nthe total volume of wine made from the fruit by the person for the licensee.\n- (a) if the licensee grows, on the licensed premises, fruit to be used for making wine— (i) the types of fruit grown; and (ii) the size of the area in which each type of fruit is grown; and (iii) the day each area is planted with the plants, trees or vines on which the fruit is grown; and (iv) the day the fruit is harvested;\n- (i) the types of fruit grown; and\n- (ii) the size of the area in which each type of fruit is grown; and\n- (iii) the day each area is planted with the plants, trees or vines on which the fruit is grown; and\n- (iv) the day the fruit is harvested;\n- (b) if the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine— (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and (ii) the amount of fruit delivered by each person; and (iii) the day the fruit is delivered by each person;\n- (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and\n- (ii) the amount of fruit delivered by each person; and\n- (iii) the day the fruit is delivered by each person;\n- (c) if the licensee makes wine on the licensed premises— (i) the type of fruit used to make each wine; and (ii) the quantity of fruit used to make each wine; and (iii) the day the wine is bottled;\n- (i) the type of fruit used to make each wine; and\n- (ii) the quantity of fruit used to make each wine; and\n- (iii) the day the wine is bottled;\n- (d) if the licensee has wine made but the wine is not made on the licensed premises— (i) the name and address of the person who made the wine for the licensee; and (ii) the amount of each type of fruit sent to the person; and (iii) the day the fruit is delivered to the person; and (iv) the total volume of wine made from the fruit by the person for the licensee.\n- (i) the name and address of the person who made the wine for the licensee; and\n- (ii) the amount of each type of fruit sent to the person; and\n- (iii) the day the fruit is delivered to the person; and\n- (iv) the total volume of wine made from the fruit by the person for the licensee.\n- (i) the types of fruit grown; and\n- (ii) the size of the area in which each type of fruit is grown; and\n- (iii) the day each area is planted with the plants, trees or vines on which the fruit is grown; and\n- (iv) the day the fruit is harvested;\n- (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and\n- (ii) the amount of fruit delivered by each person; and\n- (iii) the day the fruit is delivered by each person;\n- (i) the type of fruit used to make each wine; and\n- (ii) the quantity of fruit used to make each wine; and\n- (iii) the day the wine is bottled;\n- (i) the name and address of the person who made the wine for the licensee; and\n- (ii) the amount of each type of fruit sent to the person; and\n- (iii) the day the fruit is delivered to the person; and\n- (iv) the total volume of wine made from the fruit by the person for the licensee.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Records to be kept by licensee for a wine merchant licence— Act , s 50 (1)","content":"### sec.14 Records to be kept by licensee for a wine merchant licence— Act , s 50 (1)\n\nA licensee for a wine merchant licence must keep records about the following—\nif the licensee grows, on the licensed premises, plants, trees or vines, the fruit of which will later be used to make wine—\nthe types of plants, trees or vines grown; and\nthe size of the area in which each type of plant, tree or vine is grown; and\nthe day each area is planted with the type of plant, tree or vine; and\nthe year when it is expected that wine made from the fruit of the type of plant, tree or vine will first become available;\nif the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine—\nthe name and address of each person who grew the fruit used by the licensee to make the wine; and\nthe amount of fruit delivered by each person; and\nthe day the fruit is delivered by each person;\nif the licensee has wine made but the wine is not made on the licensed premises—\nthe name and address of the person who made the wine for the licensee; and\nthe amount of each type of fruit sent to the person; and\nthe day the fruit is delivered to the person; and\nthe total volume of wine made from the fruit by the person for the licensee.\n- (a) if the licensee grows, on the licensed premises, plants, trees or vines, the fruit of which will later be used to make wine— (i) the types of plants, trees or vines grown; and (ii) the size of the area in which each type of plant, tree or vine is grown; and (iii) the day each area is planted with the type of plant, tree or vine; and (iv) the year when it is expected that wine made from the fruit of the type of plant, tree or vine will first become available;\n- (i) the types of plants, trees or vines grown; and\n- (ii) the size of the area in which each type of plant, tree or vine is grown; and\n- (iii) the day each area is planted with the type of plant, tree or vine; and\n- (iv) the year when it is expected that wine made from the fruit of the type of plant, tree or vine will first become available;\n- (b) if the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine— (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and (ii) the amount of fruit delivered by each person; and (iii) the day the fruit is delivered by each person;\n- (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and\n- (ii) the amount of fruit delivered by each person; and\n- (iii) the day the fruit is delivered by each person;\n- (c) if the licensee has wine made but the wine is not made on the licensed premises— (i) the name and address of the person who made the wine for the licensee; and (ii) the amount of each type of fruit sent to the person; and (iii) the day the fruit is delivered to the person; and (iv) the total volume of wine made from the fruit by the person for the licensee.\n- (i) the name and address of the person who made the wine for the licensee; and\n- (ii) the amount of each type of fruit sent to the person; and\n- (iii) the day the fruit is delivered to the person; and\n- (iv) the total volume of wine made from the fruit by the person for the licensee.\n- (i) the types of plants, trees or vines grown; and\n- (ii) the size of the area in which each type of plant, tree or vine is grown; and\n- (iii) the day each area is planted with the type of plant, tree or vine; and\n- (iv) the year when it is expected that wine made from the fruit of the type of plant, tree or vine will first become available;\n- (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and\n- (ii) the amount of fruit delivered by each person; and\n- (iii) the day the fruit is delivered by each person;\n- (i) the name and address of the person who made the wine for the licensee; and\n- (ii) the amount of each type of fruit sent to the person; and\n- (iii) the day the fruit is delivered to the person; and\n- (iv) the total volume of wine made from the fruit by the person for the licensee.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Records to be kept by licensee who blends wine— Act , s 50 (1)","content":"### sec.15 Records to be kept by licensee who blends wine— Act , s 50 (1)\n\nA licensee must keep a record of each purchase of wine used for blending.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Records of sales by licensees— Act , s 50 (1)","content":"### sec.16 Records of sales by licensees— Act , s 50 (1)\n\nThe purpose of this section is to prescribe records about wine sales that each licensee must keep.\nIf the licensee sells wine to the holder of a licence or permit under the Liquor Act , the licensee must keep records about the following—\nthe name and address of the person to whom the sale is made;\nthe number of the buyer’s licence;\nthe date of the sale;\nthe type of wine and the type of container in which the wine is sold;\nthe total quantity of each type of wine;\nthe sale price for each type of wine included in the sale.\nFor the sale of wine, other than a sale of wine for which a record must be kept under subsection (2) , the licensee must keep a record about the following for each category of prescribed buyer—\nthe total quantity of each type of wine;\nthe total quantity of each type of wine sold in each type of container;\nthe total value for each type of wine.\nIn this section—\nbrandy means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (d) .\ncategory of prescribed buyer means—\nfor each State, other than Queensland, persons who buy wine for resale under an interstate licence; or\npersons in Australia who buy wine for export, as part of a commercial transaction, from Australia; or\npersons in other countries to whom the licensee sells and exports wine; or\nany other persons who buy wine, other than holders of a licence or permit under the Liquor Act .\ncider means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (b) .\nfortified wine means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (e) .\ninterstate licence means a licence or permit under a law of another State that corresponds to the Liquor Act .\nmead means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (c) .\ntable wine means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (a) .\ntype of container means each of the following—\nbottles;\ncasks;\ncontainers other than bottles or casks.\ntype of wine means each of the following—\ntable wine;\ncider;\nmead;\nbrandy;\nfortified wine.\n(sec.16-ssec.1) The purpose of this section is to prescribe records about wine sales that each licensee must keep.\n(sec.16-ssec.2) If the licensee sells wine to the holder of a licence or permit under the Liquor Act , the licensee must keep records about the following— the name and address of the person to whom the sale is made; the number of the buyer’s licence; the date of the sale; the type of wine and the type of container in which the wine is sold; the total quantity of each type of wine; the sale price for each type of wine included in the sale.\n(sec.16-ssec.3) For the sale of wine, other than a sale of wine for which a record must be kept under subsection (2) , the licensee must keep a record about the following for each category of prescribed buyer— the total quantity of each type of wine; the total quantity of each type of wine sold in each type of container; the total value for each type of wine.\n(sec.16-ssec.4) In this section— brandy means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (d) . category of prescribed buyer means— for each State, other than Queensland, persons who buy wine for resale under an interstate licence; or persons in Australia who buy wine for export, as part of a commercial transaction, from Australia; or persons in other countries to whom the licensee sells and exports wine; or any other persons who buy wine, other than holders of a licence or permit under the Liquor Act . cider means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (b) . fortified wine means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (e) . interstate licence means a licence or permit under a law of another State that corresponds to the Liquor Act . mead means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (c) . table wine means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (a) . type of container means each of the following— bottles; casks; containers other than bottles or casks. type of wine means each of the following— table wine; cider; mead; brandy; fortified wine.\n- (a) the name and address of the person to whom the sale is made;\n- (b) the number of the buyer’s licence;\n- (c) the date of the sale;\n- (d) the type of wine and the type of container in which the wine is sold;\n- (e) the total quantity of each type of wine;\n- (f) the sale price for each type of wine included in the sale.\n- (a) the total quantity of each type of wine;\n- (b) the total quantity of each type of wine sold in each type of container;\n- (c) the total value for each type of wine.\n- (a) for each State, other than Queensland, persons who buy wine for resale under an interstate licence; or\n- (b) persons in Australia who buy wine for export, as part of a commercial transaction, from Australia; or\n- (c) persons in other countries to whom the licensee sells and exports wine; or\n- (d) any other persons who buy wine, other than holders of a licence or permit under the Liquor Act .\n- (a) bottles;\n- (b) casks;\n- (c) containers other than bottles or casks.\n- (a) table wine;\n- (b) cider;\n- (c) mead;\n- (d) brandy;\n- (e) fortified wine.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Annual return— Act , s 51 (1)","content":"### sec.17 Annual return— Act , s 51 (1)\n\nThe prescribed day for a licensee to give the chief executive a return about the matters included in the licensee’s records is 21 July in each year.","sortOrder":22},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Fees","content":"### sec.18 Fees\n\nThe fees payable for the purposes of the Act are set out in schedule 1 .\ns 18 amd 2017 SL No. 109 s 132","sortOrder":24},{"sectionNumber":"sec.18AA","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.18AA Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\nif the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 18AA ins 2022 SL No. 79 s 180\n(sec.18AA-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.18AA-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\n- (d) if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).","sortOrder":25},{"sectionNumber":"sec.18A","sectionType":"section","heading":null,"content":"### Section sec.18A\n\ns 18A prev s 18A ins 2020 SL No. 83 s 6\nexp 30 June 2021 (see s 18A(4))\npres s 18A ins 2021 SL No. 155 s 9 (retro)\nexp 30 June 2022 (see s 18A(5))","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Forms","content":"### sec.19 Forms\n\nThe chief executive may approve forms for use under the Act or this regulation.","sortOrder":27},{"sectionNumber":"pt.8","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Repeal","content":"### sec.20 Repeal\n\nThe Wine Industry Regulation 1995 , SL No. 71 is repealed.","sortOrder":29},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Applications advertised under the Wine Industry Regulation 1995","content":"### sec.21 Applications advertised under the Wine Industry Regulation 1995\n\nThe Wine Industry Regulation 1995 , part 3 , as in force immediately before the commencement, continues to apply to an application under the Act , that was made, but not decided, before the commencement.","sortOrder":31}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation appears to have stayed true to its original purpose — providing administrative machinery for Queensland wine industry licensing. Amendments made in 2009, 2017, and 2022 updated cross-references to other legislation (e.g. replacing outdated planning scheme references, inserting fee rounding provisions) and made minor technical adjustments, but did not materially expand or restrict the regulation's fundamental scope."},"complexity_factors":["Multiple licence types (wine producer vs wine merchant) with different requirements creating conditional logic throughout","Cross-references to multiple other pieces of legislation (Food Act 2006, Planning Act 2016, Liquor Act, Acts Interpretation Act 1954)","Detailed tiered record-keeping obligations with numerous sub-categories depending on how the licensee operates","Complex advertising procedure with precise timing windows, physical sign specifications, and submission period calculations","Fee unit calculation system with tiered rounding rules requiring arithmetic","Overlapping definitions (e.g. 'type of wine', 'type of container', 'category of prescribed buyer') that require cross-referencing","Transitional provisions adding a historical layer to interpretation","Conference and objection process with admissibility rules and formal agreement requirements"],"plain_english_summary":"This regulation sets practical rules for operating licensed wine businesses in Queensland: how to apply for producer or merchant licences, mandatory wine labelling, public notice and objection processes for nearby communities and authorities, annual record-keeping, and the fee calculations that fund administration.  \n\nIt also establishes an advisory council to guide policy and recognise industry excellence — affecting prospective and existing licensees, neighbours, local councils and police."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose as a subordinate instrument supporting the Wine Industry Act 1994. It operationalises the Act's licensing, record-keeping, and advisory council provisions without significant expansion beyond administrative detail. The 2022 insertion of fee unit rounding (section 18AA) reflects standard modernisation of fee structures rather than scope creep."},"complexity_factors":["Multiple cross-references to the parent Wine Industry Act 1994 and other legislation (Food Act 2006, Planning Act 2016, Liquor Act, Acts Interpretation Act 1954)","Conditional requirements that vary by licence type (wine producer vs wine merchant) and business activities (on-site vs off-site winemaking, growing fruit vs buying fruit)","Detailed prescriptive requirements for advertising notices including specific measurements (600mm x 900mm signs, 50mm heading height, 15mm body text)","Extensive defined terms in interpretation sections (8 defined terms in section 16 alone, 5 in section 4, 4 in section 2)","Nested sub-paragraphs in record-keeping sections (up to 4 levels: section → subsection → paragraph → subparagraph)","Grandfathering clause for pre-1995 wine labels creating a permanent exception","Fee unit rounding mechanism with 4 tiered thresholds ($100, $1,000, $5,000, $100,000)"],"plain_english_summary":"This regulation sets out the practical rules for running a wine business in Queensland under the Wine Industry Act 1994. It covers three main groups: people applying for wine licences, existing licensees, and the Queensland Wine Industry Policy Council.\n\n**For applicants**, the regulation specifies what paperwork must be submitted with a licence application, including property documents, site plans, food licences (if applicable), and evidence of planning approval. There are different requirements depending on whether you're a wine producer (who makes wine) or a wine merchant (who sells it).\n\n**For advertising and objections**, the regulation requires applicants to publish notices in newspapers and display signs on the premises so locals can object if they believe the business will cause nuisance or harm the neighbourhood's character. Objections can come from affected residents, local councils, or police.\n\n**For existing licensees**, the regulation imposes detailed record-keeping obligations. Wine producers must track fruit growing, harvesting, and winemaking activities. Wine merchants must keep similar records plus details of any contracted winemaking. All licensees must keep sales records categorised by buyer type (liquor licence holders, interstate buyers, exporters, etc.) and submit annual returns by 21 July each year.\n\n**For the Policy Council**, the regulation sets its advisory functions and allows the Minister to appoint 3-5 members to represent industry interests.\n\n**Other provisions** include labelling rules (wine labels must state where fruit was grown and where wine was made), fee structures, and rounding rules for fee calculations."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the Wine Industry Regulation 1995 (sec.20) and replaces regulatory detail for licensing, advertising, objections, labelling, record-keeping, fees and governance. It preserves the 1995 part 3 for applications made but undecided before commencement (sec.21). The replacement consolidates prescriptive administrative requirements and adds a statutory rounding rule for fee-unit calculations (sec.18AA), shifting the operative regulatory text and transitional rules for pending matters (secs 20–21)."},"complexity_factors":["Detailed, itemised application requirements impose documentary and evidential burdens on applicants (sec.2).","Prescriptive labelling requirement for sealed containers (must state growing area and place made) creates operational labeling compliance (sec.3).","Highly prescriptive advertising procedure: newspaper timing, conspicuous on-premises signage with minimum dimensions and font sizes, and a fixed 28-day submission period (sec.4).","Narrowed standing and formality rules for objections and petitions (who may object; petition sheet headings; sponsor contact; connection particulars) affect participation and evidential quality of objections (secs 5, 6, 9).","Substantive limits on grounds of objection (undue offence/amenity impacts) constrain the scope of objections that the chief executive must consider (sec.8).","Chief executive discretion to hold conferences and to give formal agreements weight introduces administrative decision points and potential bargaining among parties (sec.10).","Extensive record-keeping obligations differ by licence type (producer, merchant, blender) and include planting/harvest/delivery/bottling dates and supplier details—raising ongoing compliance and bookkeeping costs (secs 13–15).","Detailed sales-recording regime with multiple buyer categories, wine types and container types requires granular transaction reporting and aggregation for non-licence buyers (sec.16).","Fixed annual return date creates a single compliance deadline (21 July) (sec.17).","Fee schedule linkage (schedule 1) plus rounding rules for amounts expressed in fee units create calculation and billing detail to apply (secs 18, 18AA).","Policy Council composition and appointment are left to Ministerial determination (number 3–5) and require appointments to represent industry strategic interests, introducing ministerial discretion (sec.12 and sec.11).","Repeal of the 1995 regulation and a transitional rule preserving previous advertising rules for pending applications add legal-transition complexity (secs 20–21)."],"plain_english_summary":"This regulation sets out detailed administrative rules for wine licences in Queensland: what must be included in licence applications, how applications are advertised, who may object and how, and minimum labelling and record-keeping obligations for different licence types. It also specifies fee mechanics (including rounding), the role and composition of a Wine Industry Policy Council, and transitional arrangements continuing parts of the 1995 regulation for pending applications. It matters because it prescribes the compliance burden on applicants and licensees and the decision processes used by the chief executive."}},"importantCases":[],"_links":{"self":"/api/acts/wine-industry-regulation-2009","history":"/api/acts/wine-industry-regulation-2009/history","analysis":"/api/acts/wine-industry-regulation-2009/analysis","conflicts":"/api/acts/wine-industry-regulation-2009/conflicts","importantCases":"/api/acts/wine-industry-regulation-2009/important-cases","documents":"/api/acts/wine-industry-regulation-2009/documents"}}