112Determination by Geographical Indications Committee

112 Determination by Geographical Indications Committee

(1) After considering any submissions made to it in response to a notice under section 111, the Geographical Indications Committee must determine whether to omit the GI. (2) The Committee must make a determination to omit the GI from the Register if it is satisfied of the following matters: (a) the GI is not protected by the laws of the country where the area indicated by the GI is located; (b) in the 3 years before the date of the notice under section 111, 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. (3) The Committee must make a determination in writing not to omit the GI from the Register if it is not satisfied of either or both of the matters in subsection (2). (4) If the Committee makes a determination to omit a GI for which there is a registered translation, the Committee must also make a determination to omit the translation.