40ZAFDetermination by Committee

40ZAF Determination by Committee

(1) After considering any submissions made to it in response to a notice under section 40ZAE, the Committee must determine whether to omit the Australian GI on the ground that the GI is not in use. (2) The Committee may, in writing, make a determination to omit the GI on that ground if the Committee is satisfied of the following matters: (a) that the GI has been registered for a period of more than 5 years before the date of the notice under section 40ZAE; (b) that the GI has not been used during the period of 3 years before the date of the notice under section 40ZAE (see subsection (3)); (c) that no special circumstances exist in relation to the region or locality indicated by the GI that would preclude the making of a determination to omit the GI from the Register (see subsection (4)). Meaning of GI not been used (3) For the purposes of paragraph (2)(b), an Australian GI has not been used if: (a) there has not been a production of wine for commercial use originating in the region or locality indicated by the GI; and (b) wine originating in the region or locality indicated by the GI has not been described and presented for sale within Australia, or for export, using that GI. Meaning of special circumstances (4) For the purposes of paragraph (2)(c), special circumstances exist if: (a) the region or locality indicated by the GI has been affected by fire, drought or some other disaster; and (b) as a result of being so affected, there has not been a production of wine for commercial use originating in the region or locality indicated by the GI during the period of 3 years immediately before the date of the notice under section 40ZAE.