105Determination by Geographical Indications Committee

105 Determination by Geographical Indications Committee

(1) After considering any submissions made to it in response to a notice under section 104, the Geographical Indications Committee must determine whether to omit the registered GI, registered translation of a GI, or both, that the application under section 102 relates to. Omission of GI (2) The Committee may, in writing, make a determination to omit a GI if the Committee is satisfied of the following matters: (a) that the GI has been registered for more than 5 years before the date of the notice under section 104; (b) that the GI has not been used during the 3 years before the date of the notice under section 104; (c) that no special circumstances exist in relation to the country, region or locality indicated by the GI that would preclude the making of a determination to omit the GI from the Register. (3) For the purposes of paragraph (2)(b), a GI has not been used if: (a) there has not been a production of wine for commercial use originating in the country, region or locality indicated by the GI; and (b) wine originating in the country, region or locality indicated by the GI has not been described and presented for sale in Australia using the GI or a registered translation of the GI; and (c) wine originating in the country, region or locality indicated by the GI has not been described and presented for sale in the country of origin using the GI or a registered translation of the GI. (4) For the purposes of paragraph (2)(c), special circumstances exist if: (a) the country, 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 country, region or locality indicated by the GI during the 3 years immediately before the date of the notice under section 104. Omission of translation of GI (5) The Committee may, in writing, make a determination to omit a translation of a GI if the Committee is satisfied that the translation no longer conveys or evokes the significance of the GI for which it was registered. (6) If the application under section 102 is for omission of both a GI and its translation, the Committee may make a determination to omit the translation without omitting the GI if the Committee is satisfied of the matter in subsection (5) in relation to the translation. (7) The Committee must make a determination to omit a translation of a GI if it makes a determination to omit the GI.