40ESale, export or import of wine with a misleading description and presentation

40E Sale, export or import of wine with a misleading description and presentation

(1) A person commits an offence if: (a) the person sells, exports or imports wine; and (b) the wine is sold, exported or imported by the person: (i) in trade or commerce; and (ii) with a misleading description and presentation.

Penalty: Imprisonment for 2 years.

Note: A court may impose a maximum fine of 120 penalty units instead of, or in addition to, a term of imprisonment. A body corporate that is convicted of an offence may be fined up to 5 times that maximum fine. (See subsections 4B(2) and (3) of the Crimes Act 1914.)

(2) The description and presentation may be misleading even if it indicates the country, region or locality (as the case may be) in which the wine originated.