14Approval of grape product for export

14 Approval of grape product for export

(1) A licensee may apply to the Authority, in a form approved in writing by the Authority, for a grape product to be approved for export by the licensee. (2) If a licensee applies in accordance with subsection (1), the Authority must: (a) approve the grape product, with or without conditions; or (b) refuse to approve the grape product. (3) The Authority may approve the grape product if the Authority is satisfied that: (a) either: (i) the grape product complies with the Australia New Zealand Food Standards Code; or (ii) the ways in which the product does not comply will not compromise the reputation of Australian grape products; and (b) the grape product is sound and merchantable; and (c) the description and presentation of the grape product is appropriate having regard to requirements of the Act, other Australian laws and the laws of other countries. (4) However, the Authority must not approve a grape product other than wine, brandy or grape spirit if the description and presentation of the product includes: (a) a registered geographical indication other than the term “Australia”; or (b) a registered translation. (5) The Authority must refuse to approve the grape product if the licensee fails to comply with a request under section 16 in relation to the grape product. Conditions (6) Without limiting paragraph (2)(a), the Authority may impose a condition that limits the countries to which export is approved.

Note: Example: Export might only be approved where the Authority is satisfied the grape product meets requirements of the importing country.

Notice of decision (7) The Authority must notify the licensee in writing of its decision. If the Authority refuses to approve the grape product, or imposes conditions on the approval of the grape product, the notice must state the reasons for the decision. Variation of conditions (8) The Authority may, by notice in writing given to the approval holder, vary the conditions on an approval. The notice must state the reasons for the variation. Description and presentation (9) This section applies as if a reference to wine in section 5C of the Act (meaning of description and presentation) included a reference to a grape product.