(1) In this Act, unless the contrary intention appears:
agreement country means:
(a) if an agreement relating to trade in wine is in force between the European Community and Australia—an EC country; and
(b) if an agreement relating to trade in wine is in force between a foreign country (other than an EC country) and Australia and is declared by the regulations to be a prescribed wine‑trading agreement—that foreign country.
annual general meeting means a meeting that is convened under section 29W.
annual operational plan means an annual operational plan developed by the Authority under section 31F.
Australia includes all the external Territories.
Authority means the authority known as Wine Australia.
Note: See section 6.
Authority Selection Committee means the Wine Australia Selection Committee.
blend means wine manufactured by blending wines of different vintages, varieties or geographical indications.
blending requirements means requirements relating to the blending of wines of different varieties, geographical indications or vintages, or any combination of the above.
Chair means the Chair of the Authority.
corporate plan means a corporate plan prepared by the Authority under section 31 or 31A.
corporation, in Part VIB, means a body corporate that:
(a) is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or
(b) is a trading corporation within the meaning of that paragraph that is formed within the limits of Australia; or
(c) is incorporated in a Territory.
country has a meaning affected by subsection (2).
declared wine grape growers organisation means an organisation in relation to which a declaration is in force under section 5B.
declared winemakers organisation means an organisation declared to be a declared winemakers organisation by a declaration in force under section 5A.
Deputy Chair means the Deputy Chair of the Authority.
description, in relation to wine, has a meaning affected by section 5C.
designated foreign country has the meaning given by subsection 40K(3).
designated primary industry sector in relation to the Authority: see section 4AA.
director means a director of the Authority, and includes the Chair.
dried grapes means grapes containing less than 60% of moisture.
EC country means a country that is a member of the European Community and, during the UK withdrawal transition period, includes the United Kingdom.
examinable document means:
(a) any document required to be kept:
(i) in relation to Part VIA—under Part VIA; or
(ii) in relation to Part VIB—under Part VIB; or
(iii) in relation to Part VII—under Part VII; or
(b) any wine label or other document relating to the vintage, variety or geographical indication of wine goods; or
(c) any document relating to advertising the vintage, variety or geographical indication of wine goods; or
(d) any other document that is relevant to monitoring or enforcing compliance with a label law.
export means export from Australia.
Federal Court means the Federal Court of Australia.
fresh grapes means grapes containing not less than 60% of moisture.
funding agreement means an agreement under section 42 of the Primary Industries Levies and Charges Disbursement Act 2024.
geographical indication, in relation to wine goods, means an indication that identifies the goods as originating in a country, or in a region or locality in that country, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin.
grape extract means grape juice, must, or concentrate obtained from grapes.
grape industry means the industry in Australia concerned with the production of grapes for processing, other than processing by drying.
grape or wine research and development means research and development for a designated primary industry sector in relation to the Authority.
grape or wine research and development activity means a research and development activity for a designated primary industry sector in relation to the Authority.
grape product means:
(a) wine manufactured in Australia from prescribed goods;
(b) brandy distilled in Australia from any such wine;
(c) grape spirit manufactured in Australia from prescribed goods and suitable for the fortifying of wine or the manufacture of brandy; or
(d) a product (being prescribed goods or a product derived in whole or in part from prescribed goods) declared by the regulations to be a grape product for the purposes of this Act.
grape product label means a label attached to, or writing or other sign appearing on, a bottle or other package of a grape product.
grapes research levy means levy imposed by a prescribed provision of regulations made under the Primary Industries (Excise) Levies Act 2024.
inspection power, in relation to wine premises, means:
(a) power to search any part of the premises; or
(b) power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any wine goods or other thing on the premises; or
(c) power to take extracts from, and make copies of, any examinable documents on the premises; or
(d) power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising any other inspection power on the premises.
inspector means a person appointed under section 39ZA.
international wine tourism means tourism undertaken by international tourists in Australia for the purposes of, or relating to, tasting, consuming or purchasing wine.
label claim, in relation to wine goods:
(a) means a written claim that is made or implied about the wine goods’ vintage, variety or prescribed geographical indication, including such a claim that is made or implied:
(i) on a label; or
(ii) in a record that is required to be kept under section 39F; or
(iii) in any other commercial document; or
(iv) in an advertisement; and
(b) includes such a claim about the vintage, variety or prescribed geographical indication of any other wine goods from which the wine goods were manufactured.
label law means:
(a) in relation to Part VIA:
(i) that Part; and
(ii) regulations made for the purposes of that Part; and
(iii) another law of the Commonwealth relating to the description of wine goods; and
(iv) a law of a State or an internal Territory relating to the description of wine goods; and
(b) in relation to Part VIB:
(i) Part VIB; and
(ii) regulations made for the purposes of Part VIB; and
(c) in relation to Part VII—regulations made under this Act relating to the export of grape products from Australia.
label offence means:
(a) in relation to Part VIA—an offence against a label law (within the meaning of paragraph (a) of the definition of label law); and
(b) in relation to Part VIB—an offence against a label law (within the meaning of paragraph (b) of the definition of label law); and
(c) in relation to Part VII—an offence against section 44.
manufacture wine includes making a blend.
manufacturer of wine goods means a person who operates an establishment at which:
(a) wine is manufactured; or
(b) grape extract is manufactured, being grape extract that is used or intended to be used in manufacturing wine; or
(c) wine goods are otherwise processed, modified or packaged.
modify, in relation to oenological practices and processes, or compositional requirements, includes:
(a) add one or more practices or processes, or compositional requirements; and
(b) vary any one or more of the practices or processes, or of the compositional requirements; and
(c) omit any one or more of the practices or processes, or of the compositional requirements.
national food standard means a national standard within the meaning of the Imported Food Control Act 1992.
organisation means any body of persons, whether a body corporate or an unincorporated body.
originate, in relation to wine or grape extract that is used or intended to be used in manufacturing wine, has the meaning given by section 5D.
package, in relation to a grape product, means a container in which the grape product is sold or transferred for sale.
pending, in relation to an application for the registration of a trade mark under the Trade Marks Act 1995, has the meaning given in that Act.
personal information has the same meaning as in the Privacy Act 1988.
prescribed geographical indication means a geographical indication that is prescribed by the regulations for the purposes of this definition.
prescribed goods means:
(a) fresh grapes;
(b) dried grapes; and
(c) grape juice, whether single‑strength or concentrated.
prescribed wine‑trading agreement means:
(a) an agreement relating to trade in wine that is in force between the European Economic Community and Australia; or
(b) an agreement relating to trade in wine that is in force between a foreign country (other than an EC country) and Australia and is declared by the regulations to be a prescribed wine‑trading agreement.
presentation, in relation to wine, has a meaning affected by section 5C.
principal employee means the person holding the position of principal employee (however described) of the Authority.
protection date for a registered traditional expression has the meaning given by subsection 40DB(6).
Register means the Register of Protected Geographical Indications and Other Terms kept under section 40ZC.
registered means included in the Register.
registered additional term means a term that is included in Part 4 of the Register.
registered conditions of use, in relation to:
(a) a registered geographical indication; or
(b) a registered translation of such an indication; or
(c) a registered traditional expression; or
(d) a registered quality wine term; or
(e) a registered additional term;
means a condition of use included in the Register that is applicable to the geographical indication, translation, traditional expression, quality wine term or additional term (as the case may be).
registered geographical indication means a geographical indication that is included in Part 1 of the Register.
registered owner, in relation to a trade mark, means the person in whose name the trade mark is registered under the Trade Marks Act 1995.
registered quality wine term means a term that is included in Part 3 of the Register.
registered trade mark means a trade mark whose particulars are entered in the Register of Trade Marks under the Trade Marks Act 1995.
registered traditional expression means a traditional expression that is included in Part 2 of the Register.
registered translation of a registered geographical indication means a translation, included in Part 1 of the Register, of the registered geographical indication.
Register of Trade Marks means the register kept under section 207 of the Trade Marks Act 1995.
Registrar means the Registrar of Protected Geographical Indications and Other Terms established under subsection 40ZA(1).
relevant agency has the meaning given by section 39ZL.
representative organisation has the meaning given by section 5BA.
research and development: see section 4AA.
research and development activity: see section 4AA.
sell includes offer, expose or advertise for sale.
trade mark has the meaning given in the Trade Marks Act 1995.
traditional expression, in relation to wine originating in a foreign country, means a traditionally used name referring, in particular, to the method of production or to the quality, colour or type of the wine.
UK withdrawal transition period means the period when transitional arrangements agreed between the United Kingdom and the European Union relating to trade are in force following the withdrawal of the United Kingdom from the European Union.
vacancy, in relation to the office of a director of the Authority, has a meaning affected by section 5E.
variety, in relation to wine or grape extract, means the variety of the grapes from which the wine or grape extract was obtained.
vintage means:
(a) in relation to grapes—the year (within the ordinary meaning of the term, as affected by subsection (2A)) in which the grapes were harvested; or
(b) in relation to wine or grape extract—the year (within the ordinary meaning of the term, as affected by subsection (2A)) in which the grapes from which the wine or extract was manufactured or obtained were harvested.
wine means an alcoholic beverage produced by the complete or partial fermentation of fresh grapes or products derived solely from fresh grapes, or both, and includes a grape product declared by the regulations to be wine for the purposes of this Act.
wine export charge means charge imposed by a prescribed provision of regulations made under the Primary Industries (Customs) Charges Act 2024.
wine goods means:
(a) wine; or
(b) grapes, or grape extract, used or intended to be used in manufacturing wine.
wine grapes levy means levy imposed by a prescribed provision of regulations made under the Primary Industries (Excise) Levies Act 2024.
wine industry means the industry in Australia concerned with:
(a) the storage, distribution, marketing and sale of grape products; or
(b) the making of wine.
wine label means a label attached to, or writing or other sign appearing on, a bottle or other package of wine.
wine premises means any premises, place or conveyance where it is reasonable to assume that wine goods or examinable documents are or might be located.
World Trade Organization means the body of that name established by the WTO Agreement, done at Marrakesh on 15 April 1994.
Note: The text of the WTO Agreement is set out in Australian Treaty Series 1995 No. 8 ([1995] ATS 8). In 2009, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
year means a period of 12 months commencing on 1 July.
Note: This definition does not apply in relation to the definition of vintage (see that definition and subsection (2A)).
References to country
(2) For the purposes of this Act, a reference to a country includes a reference to a member of the World Trade Organization.
Harvesting grapes
(2A) For the purposes of the definition of vintage, grapes that are harvested on or after 1 September in a calendar year, and before or on 31 December of that calendar year, are taken to have been harvested in the next calendar year.
Parties to prescribed wine trading agreements
(3) If a prescribed wine trading agreement is in force between the European Community and Australia, each EC country is taken, for the purposes of this Act, to be a party to the agreement.