26Use of registered geographical indications

26 Use of registered geographical indications

Use of GI registered in relation to Australia—limit on number of GIs and foreign place names (1) For the purposes of subsection 40F(6) of the Act, if the description and presentation of wine uses one or more GIs registered in relation to Australia, the total number of registered GIs and foreign place names used in the description and presentation of the wine must be 3 or less.

Note: Subsection 4(1) of the Act defines registered geographical indication to mean a geographical indication included in Part 1 of the Register kept under section 40ZC of the Act. Subsection 40ZD(2) of the Act requires Part 1 of the Register to include particulars of any region or locality in relation to which a geographical indication is determined.

Use of one GI registered in relation to Australia (2) For the purposes of subsection 40F(6) of the Act, if the description and presentation of wine: (a) uses one GI registered in relation to Australia; and (b) does not use a GI registered in relation to another country; and (c) does not use a foreign place name; at least 850ml/L of the wine must have been obtained from grapes grown in the region or locality in Australia in relation to which the GI is registered. Use of one GI registered in relation to a foreign country (3) For the purposes of subsection 40F(6) of the Act, if the description and presentation of wine: (a) uses one GI registered in relation to another country; and (b) does not use a GI registered in relation to Australia; at least 850ml/L of the wine must have been obtained from grapes grown in the country, region or locality indicated by the GI.

Note: This subsection applies whether or not the description and presentation of the wine also uses one or more foreign place names.

Use of GI registered in relation to Australia with one or 2 other registered GIs (4) For the purposes of subsection 40F(6) of the Act, if the description and presentation of wine: (a) uses 2 or 3 registered GIs (at least one of which is registered in relation to Australia); and (b) does not use a foreign place name; the wine, and the description and presentation, must meet the requirements of subsection (5) of this section. (5) For the purposes of subsection (4): (a) in total, at least 950ml/L of the wine must have been obtained from grapes grown in the regions or localities in relation to which those GIs are registered; and (b) at least 50ml/L of the wine must have been obtained from each of those regions or localities; and (c) the description and presentation must set out the registered GIs in descending order of the proportions of the relevant grapes in the wine. Use of GI registered in relation to Australia with foreign place name (6) For the purposes of subsection 40F(6) of the Act, if the description and presentation of wine uses: (a) at least one GI registered in relation to Australia; and (b) at least one foreign place name; the wine, and the description and presentation, must meet the requirements of subsection (7) of this section. (7) For the purposes of subsection (6): (a) in total, at least 950ml/L of the wine must have been obtained from grapes grown in: (i) the regions or localities in relation to which those GIs are registered; and (ii) the countries, regions or localities identified by those foreign place names; and (b) at least 50ml/L of the wine must have been obtained from each of those countries, regions or localities; and (c) the description and presentation must set out the registered GIs and foreign place names in descending order of the proportions of the relevant grapes in the wine. General (8) For the purposes of this section: (a) a word or term is not to be treated as a registered GI or a foreign place name, as the case may be, when it appears in the description and presentation because it is required by another law; and (b) the volume of a fortified wine is to be calculated exclusive of the grape spirit or brandy (or both) added to the wine.