40DFalse descriptions and presentations

40D False descriptions and presentations

(1) This section has effect for the purposes of section 40C. (2) Subject to sections 40DA and 40DB, the description and presentation of wine is false if: (a) it includes the name of a country, or any other indication that the wine originated in a particular country, and the wine did not originate in that country; or (b) it includes a registered geographical indication, and the wine did not originate in a country, region or locality in relation to which the geographical indication is registered; or (c) it includes a registered translation of a registered geographical indication, and the wine did not originate in a country, region or locality in relation to which the geographical indication is registered; or (d) it includes a registered traditional expression, and: (i) the wine is not a wine in relation to which the expression is registered; and (ii) the wine is in a category of wine in relation to which the expression is registered; and (iii) the expression is in a language in relation to which the expression is registered; or (e) it is not in accordance with any provisions relating to the description and presentation of wine as are prescribed for the purposes of this paragraph. (3) Subsection (2) does not limit what, apart from that subsection, is a false description and presentation of wine. (4) For the purposes of paragraphs (2)(b), (c) and (d): (a) a registered geographical indication; or (b) a registered translation of such an indication; or (c) a registered traditional expression; is included in the description and presentation of wine even if the indication, translation or expression is accompanied by an expression such as “kind”, “type”, “style”, “imitation”, “method”, or any similar expression.