40ZAQDetermination of foreign geographical indications and translations

40ZAQ Determination of foreign geographical indications and translations

(1) The regulations may make provision for and in relation to the determination of geographical indications, and translations of geographical indications, in relation to wine originating in a foreign country. Role of Committee (2) Without limiting subsection (1), the regulations may: (a) provide for the Committee to deal with applications for the determination of geographical indications, and translations of such indications, in relation to wine originating in a foreign country or a region or locality in a foreign country; and (b) provide for the Committee to make determinations of such indications and translations (including determining any conditions of use applicable to such indications and translations); and (c) set out criteria for use by the Committee in making such determinations; and (d) provide for review by the Administrative Review Tribunal of such determinations. Role of Registrar of Trade Marks (3) Without limiting subsection (1), the regulations may also: (a) provide for objections to be made to the Registrar of Trade Marks in relation to the determination of proposed geographical indications, and translations of such indications, in relation to wine originating in a foreign country or a region or locality in a foreign country; and (b) set out the grounds on which such objections may be made; and (c) set out the procedure to be followed in dealing with such objections (including the charging of fees, the holding of hearings and the taking of evidence); and (d) provide for the Registrar of Trade Marks to make recommendations to the Committee in relation to the determination of the proposed indications and translations. Timing of applications for review to the Administrative Review Tribunal (4) Regulations made for the purposes of subsection (1) may modify the operation of sections 18 and 19 of the Administrative Review Tribunal Act 2024 (which deal with when applications for review may be made) as they apply in relation to a determination made under those regulations.