Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2016

The regulations revolve around a small set of defined legal concepts and functional mechanisms.

• Fund. The Riverland Wine Industry Fund is the financial vehicle that receives the levies and disburses payments under these regulations. It is defined and continued from the previous regulations (r 4(1)-(3)). The Fund’s receipts are contributions under these regulations, contributions under the revoked 2001 regulations, investment income and other sums paid to the Minister for the Fund (r 4(3)).

• Prescribed period. A prescribed period is a 12‑month period commencing on 1 June in any year (r 3(1), definition). This creates an annual accounting and payment cycle that runs 1 June to 31 May.

• Geographic scope: Riverland. “Riverland” is precisely defined as the areas of specified councils (Berri Barmera, Loxton Waikerie, Renmark Paringa, Mid Murray excluding Hundred of Jellicoe, Rural City of Murray Bridge excluding Hundred of Brinkley), plus the Hundred of Katarapko and Counties of Young and Hamley (r 3(1), definition of Riverland). That definition gates who is subject to the contribution rules.

• Riverland grapes and Riverland grapes winemaker. “Riverland grapes” means any grape variety grown in Riverland used or intended for wine, and a “Riverland grapes winemaker” is a person carrying on a business of making wine who processes Riverland grapes (directly or by contracting) whether inside or outside the State (r 3(1)). The delivery concept is geared to possession: grapes are taken to be delivered when the winemaker takes possession; self‑grown grapes are deemed delivered when placed in a container to commence processing (r 3(3)).

• Contribution types. There are three categories of levy: a grower contribution (0.5% of the amount payable by the winemaker to the grower for the grapes, r 5(1)(a)(i)(A) and r 5(1a)(a)(i)), a winemaker contribution (historically $1 per tonne for self‑grown grapes, r 5(1)(a)(ii)(A) and r 5(1a)(b)(i)), and an industry development contribution payable by winemakers (historically 35c or 50c per tonne depending on timing , r 5(1)(a)(i)(B), r 5(1)(b)(i)(B), r 5(1a)). From prescribed periods commencing on or after 1 June 2022 the Minister may fix per‑tonne amounts by Gazette notice for both growers and winemakers (r 5(1b)).

• Collection mechanics. Contributions are due on or before the last day of the month following the end of the prescribed period (r 5(2)). Winemakers who purchase grapes must pay the grower contribution on behalf of growers and may do so out of amounts payable to growers (r 5(3)). Winemakers must keep records permitting identification of growers and tonnages and allow inspection by Ministerial authorised persons (r 5(4)). They must lodge an annual financial statement within 30 days after each prescribed period and forward the required contributions with that statement (r 5(5)).

• Refunds. Refund claims are available to growers (for contributions paid on their behalf) and winemakers (for contributions paid on their own behalf), within refund windows that are time‑limited (r 6(1)-(5)). Refunds, if allowed, attract interest at the official cash rate from payment date to lodgment (r 6(4)).

• Allocation and governance. The Minister may apply Fund monies to payments to three categories of associations for specified purposes, to other Riverland wine industry benefits, to administration expenses and refunds (r 7(1)). The Minister determines whether a body “represents” the relevant constituency and must be satisfied about probity and governance in relation to associations before payments are made (r 7(1), r 7(2)). The regulations express intended allocation proportions and priority rules, including separate ledgers and priority to the industry development association if funds are insufficient (r 7(2)(a)-(e)).

• Information exchange and oversight. The Minister can require associations to provide financial statements, annual reports and business plans, and can disclose identifying information about who paid or was refunded contributions to the associations (r 8(1)-(2)).

• Non‑compliance and exclusions. A person is defined to be in default in relation to contributions if, within the immediately preceding two prescribed periods, contributions payable have not been paid or the person has been refunded contributions (r 3(2)). Persons in default are not entitled to direct benefits or services funded by payments from the Fund under r 7(1)(d) (r 9). The regulations also impose a prohibition against false or misleading statements with a monetary penalty (r 10).

These concepts allocate administrative responsibility to winemakers for collection, to the Minister for administration and discretion over amounts and recipient associations, and to specified representative bodies for receipt of funds subject to Ministerial satisfaction about governance and probity.

The regulations create legal duties and entitlements for a small, defined group of stakeholders.

• Riverland grape growers. A grower of Riverland grapes whose grapes are delivered to a Riverland grapes winemaker is subject to the grower contribution (r 5(1)(a)(i)(A) and r 5(1a)(a)(i)). The grower can claim refunds for contributions paid on the grower’s behalf within the refund period (r 6(1)(a)). A grower who fails to ensure contributions are paid may be treated as in default for the preceding two prescribed periods and thereby excluded from receiving direct benefits funded by the Fund (r 3(2), r 9).

• Riverland grapes winemakers. A person who makes wine and processes Riverland grapes (whether in or outside the State) is defined as a Riverland grapes winemaker (r 3(1)). Winemakers carry collection and remittance duties: they must pay their own winemaker contributions and industry development contributions, and must pay grower contributions on behalf of growers out of amounts payable to the grower (r 5(1), r 5(3)). Winemakers must keep and permit inspection of records (r 5(4)), lodge a financial statement within 30 days after the end of each prescribed period, and forward required contributions with that statement (r 5(5)). Winemakers are also entitled to claim refunds in respect of contributions paid on their own behalf (r 6(1)(b)).

• Representative bodies seeking Fund payments. The regulations name three categories of potential recipients: an industry development association representing both winemakers and growers (r 7(1)(a)), a grower association representing growers (r 7(1)(b)), and a winemaker association representing winemakers (r 7(1)(c)). The Minister’s opinion determines whether a body “represents” the constituency for the purposes listed. These bodies are subject to provision of information and documents to the Minister on demand (r 8(1)). Payments to these bodies are contingent on the Minister being satisfied about probity, governance and performance (r 7(2)).

• The Minister and authorised officers. Administration, inspection and allocation powers are vested in the Minister (r 4(2), r 8(1)). The Minister can require associations to supply financial information and may disclose identifying information about payers and refundees to associations (r 8(1)-(2)). The Minister also fixes or varies contribution amounts by Gazette notice for periods from 1 June 2022 (r 5(1b), r 5(3a)-(3b)).

• Indirectly affected parties. Parties to grape supply agreements and commercial counterparts, including buyers and sellers, are affected in practice because winemakers must withhold the grower contribution from the money payable to growers (r 5(3)). This affects contractual payment flows and cashflow for growers. The regulations themselves do not name other state agencies, but Ministerial information exchanges and disclosure to associations (r 8) may have implications for entities using that information.

• Persons at risk of exclusion. A person who is in default in relation to contributions , defined where, within the immediately preceding two prescribed periods, contributions payable have not been paid or a person has been refunded contributions , is excluded from direct benefits funded by the Fund (r 3(2); r 9). This definition applies both to growers and winemakers where the triggering facts exist.

Geographic and temporal gating is important: only grapes grown in the defined Riverland area and delivered during prescribed periods are within scope (r 3(1) definitions; r 5). From 1 June 2022 the Minister’s Gazette notices can change contribution amounts, so the set of persons affected and the cost per tonne can change over time (r 5(1b), r 5(3a)-(3b)).

Duties established by the regulations are mostly administrative and financial; rights are primarily refund rights and eligibility for Fund‑financed benefits.

Principal duties

• Pay contributions. For each tonne of Riverland grapes delivered during a prescribed period, specified contributions are payable to the Minister for payment into the Fund (r 5(1), r 5(1a), r 5(1b)). The exact amounts depend on the timing of delivery relative to the “relevant day” and later Ministerial Gazette notices (r 5(1)-(1b)).

• Timing of payment. Contributions are payable on or before the last day of the month immediately following the end of each prescribed period (r 5(2)). Withstanding variation powers, this timing is consistent across prescribed periods.

• Collection by winemaker. Where a winemaker purchases grapes, the winemaker must pay contributions on behalf of the grower out of the amount payable to the grower (r 5(3)). This imposes a collecting obligation on winemakers and a practical cashflow duty on growers, insofar as the winemaker deducts the grower contribution from payments to the grower.

• Record keeping and inspection. Winemakers must keep records that enable identification of growers for whom they must pay contributions, the tonnage delivered by each grower, and the tonnage grown and processed by the winemaker. Those records must be made available for inspection by a person authorised by the Minister at any reasonable time (r 5(4)). Failure carries a maximum penalty of $500.

• Financial statement and remittance. Winemakers must furnish a financial statement within 30 days after the end of each prescribed period in the form and containing the information required by the Minister; if the winemaker has the necessary equipment the statement must be in an electronic form acceptable to the Minister. The winemaker must forward the required contributions with that statement (r 5(5)).

• Refund process. A grower or winemaker may claim refunds within the refund period: growers for contributions paid on their behalf, winemakers for contributions paid on their own behalf. Refund claims must supply evidence acceptable to the Minister and, if required, be verified by statutory declaration (r 6(1)-(3)). Where a refund is payable, the Minister must pay interest at the official cash rate from payment to lodgment date (r 6(4)).

• Information provision by associations. Associations must provide the Minister with financial statements, annual reports, business plans and other reasonable information on request (r 8(1)).

Principal rights

• Right to claim refunds. Growers and winemakers have a statutory right to lodge refund claims within the specified refund period and, if successful, to receive interest calculated at the official cash rate (r 6).

• Entitlement to Fund payments. Where the Minister is satisfied as to matters of probity, governance and performance, representative bodies may receive payments from the Fund for the purposes specified in r 7(1). Regulation 7(2) provides intended allocation principles and priority rules which the Minister is to have regard to, though those are expressed as intended practices.

• Access to identifying information. Associations may receive identifying information about growers and winemakers who have paid or been refunded contributions; this is a discretionary disclosure power to the associations (r 8(2)).

Other enforceable restrictions

• Exclusion from benefits. Persons in default over the immediately preceding two prescribed periods are not entitled to direct benefits or services funded by the Fund under r 7(1)(d) (r 9). The regulations define “default” in r 3(2).

• Prohibition on false or misleading statements. A person must not make a statement that is false or misleading in a material particular in any information provided or record kept for the purposes of these regulations (r 10). Maximum penalty $5,000.

Those duties reallocate collection risk onto winemakers, create reporting obligations timed to the prescribed period cycle, and create statutory refund rights and Ministerial discretion over allocation of Fund monies.

The regulations use monetary penalties, administrative exclusion and statutory record inspection powers rather than criminal imprisonment. Enforcement mechanisms are a combination of specified monetary penalties, Ministerial information powers, inspection rights and exclusion from Fund benefits.

Monetary penalties

• Record‑keeping breach. Failure by a Riverland grapes winemaker to keep proper records as required by r 5(4) attracts a maximum penalty of $500. The requirement covers identification of growers, tonnage delivered by each grower, and tonnage grown and processed by the winemaker (r 5(4)).

• False or misleading statements. Making a false or misleading statement in any information provided, or record kept, for purposes of the regulations is an offence under r 10, with a maximum penalty of $5,000. The text emphasises materiality and covers both inclusion and omission.

Administrative enforcement and exclusion

• Inspection power. Records kept by winemakers must be made available for inspection at any reasonable time by a person authorised by the Minister (r 5(4)(b)). The regulatory architecture delegates factual verification to authorised inspectors acting under the Minister’s authority.

• Exclusion from Fund benefits. Regulation 3(2) defines “default” (failure to pay contributions or having been refunded contributions within the preceding two prescribed periods). A person in default is not entitled to direct benefits or services funded by the Fund under r 7(1)(d) (r 9). This is an administrative sanction that can materially affect access to Fund‑financed programs.

• Ministerial preconditions for payments. Regulation 7(2) requires the Minister to be satisfied as to probity, governance and performance before payments are made to associations; the Minister also controls allocation priorities and intended ledger treatment (r 7(2)). This gives the Minister gatekeeping power to refuse or condition payments on governance matters.

• Financial verification for refunds. Refunds require evidence acceptable to the Minister and, if requested, verification by statutory declaration (r 6(3)). The requirement for evidentiary verification places the procedural burden on claimants and allows the Minister to reject insufficiently documented claims.

Administrative powers enabling enforcement

• Variation and Gazette notices. The Minister may vary levy amounts for a prescribed period by notice in the Gazette published before the date for payment (r 5(3a)). Where varied after commencement of the prescribed period, the variation applies only to the part of the period following the variation effective date (r 5(3b)). This gives the Minister a prospective tool to change contribution levels and to communicate them formally.

• Information demands on associations. The Minister may require associations to provide financial statements, annual reports and business plans (r 8(1)); failure to comply with such requests may attract remedial administrative responses, though the regulations do not specify penalties for non‑compliance with r 8(1) itself.

Limits and gaps in enforcement

• Recovery mechanisms are not detailed. The regulations do not set out explicit civil recovery mechanisms or penalties beyond the monetary maximums and exclusion provisions; they presuppose Ministerial administration and inspection. The winemaker’s obligation to pay grower contributions “out of the amount payable” to the grower (r 5(3)) creates a collection mechanism but the regulations do not specify recovery processes for unpaid amounts beyond the definition of “default” and exclusion consequence (r 3(2), r 9).

• Discretion left to the Minister. Several key decisions are left to the Minister’s opinion , whether a body “represents” a constituency, satisfaction about probity and governance (r 7(1), r 7(2)) and the acceptability of refund evidence (r 6(3)). Enforcement therefore depends heavily on administrative exercise of those discretions.

In sum, the enforcement regime combines modest criminal penalties for record and accuracy breaches, statutory inspection rights and administrative exclusion and discretion. The principal coercive mechanism for ensuring collection appears to be the winemaker’s statutory duty to remit on behalf of growers and the threat of exclusion for defaulters.

These regulations sit under the Primary Industry Funding Schemes Act 1998 and operate as subordinate legislation. The instrument repeatedly references the Minister and the use of the Gazette for notices, which are standard administrative procedures for subordinate instruments.

Relevant cross‑references within the instrument

• Principal Act. The regulations are made under the Primary Industry Funding Schemes Act 1998 (see heading of the instrument and r 3 (Act means the Primary Industry Funding Schemes Act 1998)). The Act supplies the enabling power and administrative architecture; the regulations do not restate those enabling provisions.

• Revoked regulations continuity. Regulation 4(1) expressly continues the Fund established under the revoked 2001 regulations, so there is continuity of the Fund’s legal existence and receipts derived under prior regulations (r 4(1)-(3)).

Operational interactions with other legal and commercial frameworks

• Contractual payment flows. Regulation 5(3) mandates that contributions payable by a grower must be paid on the grower’s behalf by the Riverland grapes winemaker who purchases the grapes out of the amount payable by the winemaker to the grower. This changes the mechanics of commercial settlements between growers and winemakers by imposing a statutory deduction obligation on winemakers. That obligation will interact with existing contract terms between growers and winemakers and may require contractual amendments or bookkeeping adjustments in commercial agreements.

• Administrative law and review. The regulations leave multiple matters to Ministerial opinion and satisfaction, for example whether a body “represents” a constituency (r 7(1)) and whether probity and governance conditions are met (r 7(2)). Those discretionary decisions will operate against the general administrative law framework in South Australia (not described in the regulations). The instrument itself records no dispute resolution or appeal pathway, but ordinary avenues of administrative review or judicial review available under general administrative law principles would be the external legal mechanisms to challenge a Ministerial decision.

• Privacy and information disclosure. Regulation 8(2) authorises the Minister to provide identifying information about payers and refundees to associations. That disclosure power will interact in practice with any applicable state or federal privacy or records laws. The regulation does not itself set privacy safeguards or limits on use, so disclosure under r 8(2) will need to be managed within the constraints of any external privacy regime if and as applicable.

• Evidence and statutory declaration. The refund regime allows the Minister to require verification by statutory declaration (r 6(3)(b)). That invokes statutory declaration procedures provided by general South Australian statute (not set out in these regulations).

• Gazette notices and subordinate instrument rules. The Minister’s power to fix or vary amounts by Gazettal notice (r 5(1b), r 5(3a)) operates as an instrument of subordinate law-making and will interact with rules governing publication of notices, timing and effect of Gazetted instruments.

Practical compatibility issues

• Cashflow and taxation. The regulations impose an operational levy obligation that affects cash receipts. While the regulations do not address taxation treatment, businesses will need to account for the contributions in their bookkeeping and tax returns under existing tax law frameworks.

• No express conflict resolution with other statutes. The regulations themselves do not specify precedence or conflict resolution with other statutes. Standard statutory interpretation and supremacy principles apply: where another Act prescribes conflicting duties, the primary legislation or later provisions would control, but the regulations themselves do not address such conflicts.

Overall, the regulations are designed to operate within the standard administrative and commercial legal environment. They create collection, disclosure and allocation rules that require integration into broader contractual, privacy and tax compliance systems external to the instrument.

The legislative history supplied in the instrument records the origin of the 2016 Regulations and subsequent variations in 2017, 2021 and 2023. The table in the legislative history identifies specific provisions amended and the dates on which those amendments commenced.

Key milestones

• 2016 (No 206). Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2016 were published in the Gazette 25 August 2016 and (subject to r 2) commenced on 1 September 2016 (legislative history top entries). These regulations revoked the Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2001 and continued the Fund in existence under r 4(1).

• 2017 (No 332). A variation published in Gazette 12 December 2017, commencing 12 December 2017, made several changes: it substituted r 5(1) and inserted r 5(1a), adjusted r 3 by inserting the “relevant day” definition and other textual adjustments, and varied r 7(2) (legislative history entries). The 2017 variation inserted provisions distinguishing contributions for grapes delivered before and after the “relevant day”, and introduced r 5(1a) for prescribed period commencing 1 June 2018 and subsequent periods up to and including the prescribed period starting 1 June 2021.

• 2021 (No 132). A variation published 2 September 2021 and commencing 2 September 2021 inserted r 5(1b), r 5(3a), and r 5(3b), allowing the Minister to fix amounts for prescribed periods commencing on or after 1 June 2022 by Gazette notice and permitting the Minister to vary amounts by prior Gazette notice for a prescribed period (r 5(3a)) and to specify the effect of post‑commencement variation within a prescribed period (r 5(3b)). The 2021 variation also amended r 6 , adjusting refund rules, including the refund period definition (r 6(5)) to shorten the refund period for prescribed periods after the period commencing 1 June 2020 from 12 months to 6 months. The legislative history notes r 5(1a) was varied by the 2021 changes.

• 2023 (No 16). A variation published 30 March 2023 and commencing 30 March 2023 further amended the regulations; the legislative history records r 3 (prescribed period) varied by 16/2023 r 3 among other entries. The specific textual changes to r 3 were effected at this date.

Other editorial changes

• Omission of r 2. Regulation 2 was omitted under the Legislation Revision and Publication Act 2002 as noted in the legislative history effective 12 December 2017.

• Historical versions. The instrument lists historical versions for 12 December 2017 and 2 September 2021.

Practical implications of amendments

• Time‑phased contribution schedule. The amendment pattern shows a time‑phased approach to contribution rates and ministerial flexibility. Initially the instrument fixed specified dollar and cent amounts and percentage amounts for particular periods (2016 and 2017 versions). From 2022 the 2021 amendment introduced Ministerial discretion to fix amounts by Gazette notice (r 5(1b)), shifting some pricing decisions from the regulation text to ministerial notices.

• Refund window reduction. The 2021 variation shortened the refund claim window for prescribed periods after 1 June 2020 from 12 months to 6 months (r 6(5)), reducing the maximum period during which refunds can be claimed and increasing the administrative urgency for claimants.

• Administrative detail added. The 2021 insertion of r 5(3a) and (3b) clarified the mechanics and effect of Gazette notices changing amounts, including the treatment of mid‑period variations.

The recorded legislative history provides the formal timeline and shows the instrument has evolved to add Ministerial flexibility and to shorten refund windows, among other technical and editorial changes.

The regulations as supplied contain no recorded litigation history, and the legislative history appended to the instrument does not cite any judicial decisions or administrative tribunal determinations concerning interpretation or enforcement of the regulations. The instrument itself names no cases and provides no recorded jurisprudence.

Consequences of the absence of recorded litigation

• Administrative discretion without reported judicial gloss. Multiple provisions vest evaluative judgments in the Minister: whether a body “represents” a constituency (r 7(1)), satisfaction as to probity and governance in relation to associations (r 7(2)), acceptability of refund evidence and requirement for statutory declaration in r 6(3), and the exercise of Gazette notice powers in r 5(3a)-(3b). In the absence of reported litigation, those discretions do not have any recorded judicial interpretation in the material provided, meaning there is limited precedent to guide the precise scope, standards or procedural expectations that Ministerial decision‑makers should follow under these regulations.

• Practical implications for stakeholders. Where a regulatory provision depends on Ministerial opinion or satisfaction, parties that seek to challenge a decision (for example refusal to recognise an association, refusal to allocate funds, or denial of a refund) will need to rely on general administrative law principles and external review mechanisms rather than regulation‑specific case law recorded in the instrument. The instrument does not supply internal appeal routes, nor does it specify procedural obligations for the Minister’s decision‑making. Parties contemplating dispute or review should therefore be attentive to external administrative law remedies.

• Record‑keeping of disputes. The legislative history does list earlier versions of the statutory instrument and the formal amendments, but not judicial or tribunal materials. If litigation arises in the future, relevant decisions would be reported elsewhere; they are not part of the legislative history attached to the regulations.

Because the provided material contains no litigation history, readers should treat the provisions that confer managerial discretion as administratively significant and potentially susceptible to review under general administrative law, recognising that no regulatory case law is recorded in the instrument itself.

The regulations contain several practical pitfalls and timing traps for participants that are not obvious on first reading. The following are concrete operational issues drawn from the text.

1. Payment timing aligns with the prescribed period but both the financial statement and payment are due promptly. A prescribed period runs 1 June to 31 May (r 3(1), definition of prescribed period). Contributions are payable on or before the last day of the month immediately following the end of the prescribed period (r 5(2)), and winemakers must furnish the Minister with a financial statement within 30 days after the end of each prescribed period and forward the contributions with that statement (r 5(5)). In practice this means financial statements and contributions are due at the same time, creating a single compliance deadline at month end.

2. Winemakers are the statutory collectors for grower contributions. The winemaker must pay contributions on behalf of growers out of the amount payable to the grower (r 5(3)). This statutory deduction changes commercial cashflows and requires winemakers to administer collections and remittances. Growers who expect gross payment may find amounts withheld by statute.

3. Default is a rolling two‑prescribed‑period test with exclusion consequences. A person is in default if, within the immediately preceding two prescribed periods, contributions payable have not been paid or the person has been refunded contributions (r 3(2)). Regulation 9 then excludes persons in default from direct Fund‑funded benefits (r 9). A refund, therefore, can itself be a trigger of default if it appears in the two preceding prescribed periods, potentially producing unexpected exclusion.

4. Mid‑period ministerial variations apply only prospectively. If the Minister varies an amount after the commencement of a prescribed period, the variation applies only to the part of the prescribed period after the variation takes effect (r 5(3b)). Parties must monitor Gazette notices and be prepared to apply different rates within a single prescribed period depending on the variation date (r 5(3a)-(3b)).

5. Refund window shortened for recent periods. Refunds for prescribed periods up to and including the period commencing 1 June 2020 may be claimed within 12 months following the prescribed period, but for each subsequent prescribed period the refund period is 6 months after the prescribed period (r 6(5)). Claimants must act faster for more recent periods.

6. Definition of “delivered” affects self‑supplied grapes. Grapes grown by a winemaker and processed by the winemaker are taken to be delivered when placed in a container to commence processing (including for fermentation or in preparation for crushing or pressing) (r 3(3)(b)). That technical definition triggers winemaker and industry development contributions for self‑grown crops at the moment processing commences, which may be earlier than sale.

7. Ministerial discretion on representation and governance. Payments to associations are conditional on the Minister’s opinion that the body “represents” the constituency and on the Minister being satisfied as to probity and governance (r 7(1), r 7(2)). Those evaluative tests are not elaborated in the regulations. Associations should prepare governance documentation and be ready to meet the Minister’s probity enquiries.

8. Information disclosure to associations. The Minister may supply associations with identifying information about contributors and refundees (r 8(2)). That transfer of identifying data may surprise contributors who assume confidentiality; associations will need to be ready to manage and secure that data according to any external privacy obligations.

9. Small statutory penalties but potent administrative sanctions. The monetary penalties in the regulations are modest , $500 for record‑keeping breach (r 5(4)) and $5,000 for false or misleading statements (r 10) , but administrative exclusion from benefits under r 9 is potentially a more consequential penalty with no quantifiable cap set in the regulations.

10. Intended ledger rules are prefatory, not mandatory. Regulation 7(2) sets out intended allocation proportions and ledger treatment, including priority to the industry development association if funds are insufficient (r 7(2)(d)-(e)). The language is expressed as “it is intended” and conditional on the Minister’s satisfaction about probity, governance and performance; it does not create absolute legal entitlements to particular allocation proportions.

11. Evidence standard for refunds. Refund claimants must provide evidence acceptable to the Minister and may be required to verify that evidence by statutory declaration (r 6(3)). The absence of a detailed evidentiary list means claimants should maintain comprehensive transaction documentation.

12. Electronic form requirement if capable. A winemaker with “the necessary equipment” must provide the financial statement in an electronic form acceptable to the Minister (r 5(5)(a)(ii)). Winemakers should ensure they can produce and transmit electronic records if they have the capacity.

These points show that compliance is as much about timing, record systems, and readiness for Ministerial scrutiny as it is about simple rate calculation.

Compliance requires systems to identify whether grapes are in scope, to calculate and collect the correct levies, to retain and make available records, to prepare and lodge financial statements and payments on time, and to manage refund claims and Ministerial engagements. The following is a practical compliance checklist mapped to the regulations.

1. Confirm geographic and activity scope.

   • Check whether the grape lot originates in the defined Riverland area (r 3(1) , specified councils, Hundreds and Counties). Only grapes grown in the defined Riverland and used or intended for wine are in scope.
   • Confirm whether you are a Riverland grapes winemaker, defined by carrying on a business of making wine and processing Riverland grapes, even if processing occurs outside the State (r 3(1)).

2. Determine applicable prescribed period and relevant day.

   • Prescribed periods run from 1 June to 31 May each year (r 3(1)). Align accounting and compliance cycles to that interval.
   • Identify whether deliveries fall before or after the “relevant day” for transitional rates (see r 5(1) and r 5(1a)). From prescribed periods commencing on or after 1 June 2022, check for Ministerially fixed amounts by Gazette notice (r 5(1b)).

3. Calculate contributions for each tonne delivered.

   • For growers: calculate 0.5% of the amount payable by the winemaker to the grower for the grapes (r 5(1)(a)(i)(A) and r 5(1a)(a)(i)). Ensure the base amount is correctly determined per the sale contract.
   • For winemaker contributions and industry development contributions: apply the applicable per‑tonne cents or dollar amounts in force for the delivery date (r 5(1), r 5(1a), r 5(1b)). Monitor Gazette notices for ministerial changes (r 5(3a)).

4. Withhold and remit grower contributions.

   • If you are the winemaker purchasing grapes, withhold the grower contribution from the amount payable to the grower and remit it to the Minister (r 5(3)). Make internal accounting entries that track withheld funds distinctly from amounts payable to growers.

5. Maintain required records.

   • Keep records enabling identification of growers for whom contributions are paid, tonnages delivered by each grower, and tonnage grown and processed by the winemaker (r 5(4)(a)(i)-(iii)).
   • Ensure records are accessible for inspection at reasonable times by persons authorised by the Minister (r 5(4)(b)).
   • Given the “two prescribed periods” default definition, retain records for at least two prescribed periods to demonstrate payment history relative to the default test (r 3(2)). While not prescribed as a retention period, this is a practical step.

6. Prepare and lodge the financial statement and payment.

   • Within 30 days after the end of each prescribed period (i.e. by 30 June), furnish the Minister with a financial statement in the form and containing the information required by the Minister (r 5(5)(a)(i)) and in electronic form if you have the necessary equipment and the Minister accepts it (r 5(5)(a)(ii)).
   • Forward the required contributions for the prescribed period with that annual financial statement (r 5(5)(b)).

7. Manage refund claims.

   • If seeking a refund, lodge a written claim to the Minister within the refund period: 12 months for prescribed periods up to and including the period commencing 1 June 2020, and 6 months for subsequent prescribed periods (r 6(1), r 6(5)).
   • Provide acceptable evidence of the contributions paid and be prepared to verify that evidence by statutory declaration if the Minister requires it (r 6(3)(a)-(b)).
   • If a refund is paid, note that the Minister must pay interest at the official cash rate from payment to lodgment date (r 6(4)).

8. Prepare for Ministerial engagement if seeking Fund payments.

   • Bodies seeking payments should assemble governance, probity and performance documentation and be ready to demonstrate representation of the constituency the body claims to represent, because the Minister must be satisfied on those matters before payments are made (r 7(1), r 7(2)).
   • Be prepared to provide financial statements, annual reports, business plans and other material on request under r 8(1), and consider privacy implications of any identifying information disclosed under r 8(2).

9. Monitor Gazette notices and adjust rates mid‑period if necessary.

   • If the Minister publishes a notice varying amounts for a prescribed period before the payment date, apply the varied amount for the prescribed period (r 5(3a)). If varied after commencement, the new amount applies only to the part of the period following the variation effective date (r 5(3b)). Ensure systems can apply multiple rates within a prescribed period if needed.

10. Avoid record and information offences.

• Do not make statements that are false or misleading in a material particular in information provided or records kept for the purposes of these regulations; maximum penalty $5,000 (r 10).
• Maintain accurate ledgers, particularly if you are a winemaker who must track grower deductions, winemaker contributions and industry development contributions separately to support refund claims and Ministerial audits.

11. Operational suggestions.

• Implement an invoice and deduction template that clearly shows the gross amount payable to the grower, the 0.5% grower contribution deduction, the net payable, and the tonnage base for the calculation.
• Maintain a reconciliation schedule by prescribed period that links tonnage delivered, amounts payable, amounts withheld, contributions remitted, and any refunds processed.
• Keep statutory declaration templates available where evidence for refunds may require verification.

12. Consider seeking advice for ambiguous cases.

• For borderline cases (e.g. whether grapes are “used or intended to be used for wine”, or when possession constitutes delivery under r 3(3)), consider obtaining legal advice given the importance of those characterisations for liability and timing.

Following these steps will help businesses and associations align internal processes to the timing, calculation and evidentiary rules of the regulations and to position themselves for Ministerial scrutiny where Fund payments are sought.