40GSale, export or import of wine in contravention of registered conditions of use

40G Sale, export or import of wine in contravention of registered conditions of use

(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 in trade or commerce with a description and presentation that: (i) includes an indication or term that is a registered geographical indication, a registered translation of such an indication, a registered traditional expression, a registered quality wine term or a registered additional term; and (ii) does not comply with any registered conditions of use applicable to that geographical indication, translation, traditional expression, quality wine term or additional term (as the case may be).

Penalty: Imprisonment for 1 year.

Note: A court may impose a maximum fine of 60 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.)

Indication or term registered for more than one place (2) Subsection (1) does not apply if: (a) the indication or term is registered in one or more Parts of the Register in relation to one or more countries, regions or localities; and (b) the description and presentation complies with the registered conditions of use applicable to the indication or term as registered in one of those Parts for one of those countries, regions or localities; and (c) the wine originated in that country, region or locality; and (d) the description and presentation indicates that the wine originated in that country, region or locality.

Note: The defendant bears an evidential burden in relation to the matters in this subsection. (See subsection 13.3(3) of the Criminal Code.)

Indication or term is registered additional term for particular wine (3) Subsection (1) also does not apply if: (a) the indication or term is a registered additional term for a particular wine and is also either or both of the following: (i) a registered additional term for another particular wine; (ii) registered in one or more Parts of the Register in relation to one or more countries, regions or localities; and (b) the description and presentation complies with the registered conditions of use that are applicable to the indication or term as registered: (i) for one of those particular wines; or (ii) in one of those Parts for one of those countries, regions or localities; and (c) either: (i) if subparagraph (b)(i) applies—the wine is the particular wine; or (ii) if subparagraph (b)(ii) applies—the wine originated in that country, region or locality, and the description and presentation indicates that the wine originated in that country, region or locality.