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Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013
7AConstitutional limits
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#### 7A Constitutional limits
The Authority may perform its functions only:
(a) for purposes relating to trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2 Territories; or
(b) for purposes related to external affairs, including any of the following:
(i) enabling Australia to fulfil its obligations under prescribed wine‑trading agreements;
(ii) enabling Australia to fulfil its obligations under other international agreements to which Australia is a party;
(iii) addressing matters of international concern;
(iv) by way of the performance of its functions in a place outside Australia; or
(c) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or
(d) for purposes relating to the collection of statistics; or
(e) by way of the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or
(f) by way of the making of a grant of financial assistance to a State or Territory; or
(g) for purposes relating to a Territory; or
(h) with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or
(i) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or
(j) for purposes relating to the executive power of the Commonwealth; or
(k) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
48 Section 8 (heading)
Omit “Corporation”, substitute “the Authority”.
49 Subsection 8(1)
Omit “Corporation”, substitute “Authority”.
50 Subsection 8(2)
Omit “Corporation” (first occurring), substitute “Authority”.
51 Paragraph 8(2)(a)
Omit “Corporation”, substitute “Authority”.
52 Paragraph 8(2)(d)
Omit “the export of grape products from Australia, or the sale of grape products overseas, by persons other than the Corporation”, substitute “the consumption and sale of grape products in Australia or overseas”.
53 Paragraphs 8(2)(e) and (f)
Omit “Corporation” (wherever occurring), substitute “Authority”.
54 Paragraph 8(2)(g)
After “provision of”, insert “goods or”.
55 Paragraphs 8(2)(g), (ga) and (h)
Omit “Corporation”, substitute “Authority”.
56 At the end of subsection 8(2)
Add:
; and (i) to enter into agreements under section 10A for the carrying out of grape or wine research and development activities by other persons; and
(j) to enter into agreements under section 10B for the carrying out of grape or wine research and development activities by the Authority and other persons; and
(k) to make applications, including joint applications, for patents; and
(l) to deal with patents vested in the Authority or in the Authority and other persons; and
(m) to accept gifts, grants, bequests and devises made to the Authority, and act as trustee of money and other property vested in the Authority on trust; and
(n) to join in the formation of a company.
57 Subsection 8(2A) (heading)
Omit “Corporation”, substitute “Authority”.
58 Subsection 8(2A)
Omit “Corporation’s common”, substitute “Authority’s”.
59 Subsection 8(2B)
Omit “Corporation” (first occurring), substitute “Authority”.
60 Subsection 8(2B)
Omit “Chairperson”, substitute “Chair”.
61 Subsection 8(2B)
Omit “Corporation” (last occurring), substitute “Authority”.
62 Subsection 8(2F)
Omit “Wine Australia Corporation Act 1980” (wherever occurring), substitute “Australian Grape and Wine Authority Act 2013”.
63 Subsection 8(2G)
Omit “Chairperson”, substitute “Chair”.
64 Subsection 8(3)
Omit “Corporation”, substitute “Authority”.
65 Section 10
Omit “Corporation” (wherever occurring), substitute “Authority”.
66 After section 10
Insert: