31Marketing periods for use of geographical indications, registered traditional expressions and registered additional terms

31 Marketing periods for use of geographical indications, registered traditional expressions and registered additional terms

(1) For the purposes of subsection 40J(5) of the Act, wine is exempted from the operation of the offence provisions if: (a) the description and presentation of the wine is false or misleading, or does not comply with registered conditions of use, only because of the use of a registered geographical indication, a registered translation, a registered traditional expression or a registered additional term; and (b) the wine was lawfully produced before the day on which the offence provisions first applied to the use of the indication, translation, expression or term; and (c) the indication, translation, expression or term is used by: (i) a wholesaler of wine acting in the course of the wholesaler’s business; or (ii) a retailer of wine in the course of the retailer’s business.

Note: The offence provisions is defined in subsection 40J(1) of the Act.

Marketing period (2) The exemption in subsection (1) applies for a period, commencing on the day on which the offence provisions first apply to the use of the indication, translation, expression or term, of: (a) for use in the description and presentation of fortified wines—5 years; and (b) for use in the description and presentation of other wines—3 years. (3) However, if a retailer has a stock of a wine at the end of the period mentioned in subsection (2), the exemption continues in relation to use by the retailer until that stock is exhausted.