This regulation sets out detailed administrative rules for wine licences in Queensland: what must be included in licence applications, how applications are advertised, who may object and how, and minimum labelling and record-keeping obligations for different licence types. It also specifies fee mechanics (including rounding), the role and composition of a Wine Industry Policy Council, and transitional arrangements continuing parts of the 1995 regulation for pending applications. It matters because it prescribes the compliance burden on applicants and licensees and the decision processes used by the chief executive.
This regulation prescribes the operational, administrative and record-keeping rules that support licensing, advertising, objections and record returns under the Wine Industry Act framework. Mechanically, it:
Prescribes the particulars that must accompany licence applications (s 2), including title documents, plans, the layout of premises, planning and local food-licence evidence, and specific agricultural and winemaking particulars for wine producer and wine merchant licences (s 2).
Requires labelling on sealed containers sold or supplied by a licensee to state the area where the fruit was grown and the place the wine was made, subject to an exemption for labels applied before 1 September 1995 (s 3).
Sets mandatory public-advertising and on-premises signage procedures for licence applications, including newspaper circulation requirements, the timing of notices, and minimum sign dimensions and type sizes (s 4).
Defines who may object to an application, the permitted grounds for objection, the form and timing of submissions (including petitions) and the admissibility of petition sheets (ss 5-9). It establishes a 28-day submission period starting on a notice date that may be agreed between the chief executive and the applicant or prescribed by the chief executive (s 4(5)).
Gives the chief executive discretion to convene a conference with interested persons, requires the chief executive to have regard to a lawful written agreement reached at such a conference, and, where no agreement exists, to have regard to all submissions and the amenity impact (s 10). It also makes statements or conduct at a conference inadmissible before the Tribunal unless parties agree (s 10(5)).
Constitutes an advisory Queensland Wine Industry Policy Council with functions to advise the Minister, examine industry issues, solicit industry views and provide recognition mechanisms, and establishes ministerial appointment parameters and membership numbers (ss 11-12).
Current sections
Direct links to the current provisions in Wine Industry Regulation 2009.
32
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Wine Industry Regulation 2009 .
pt.2
Application for licence
Application for licence
sec.2
Particulars to be included in application for licence— Act , s 7 (1) (b)
sec.2 Particulars to be included in application for licence— Act , s 7 (1) (b)
The following particulars must be included in an application for a licence—
a copy of the registered plan of survey and the instrument of title for the premises to which the application relates;
a description of each area from which it is proposed to sell or supply wine on the premises;
a plan of the premises drawn to scale showing the layout of the premises;
if a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business;
evidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises;
if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine—
the types of fruit grown on the premises for making wine; and
the size of the area in which each type of fruit is grown;
if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises;
if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.
In this section—
food business see the Food Act 2006 , section 13 .
food licence means a licence issued by a local government under the Food Act 2006 , section 60 or 64 .
planning scheme means a planning scheme under the Planning Act 2016 .
relevant local government , for premises, means the local government for the area in which the premises are located.
s 2 amd 2009 SL No. 280 s 205 ; 2017 SL No. 103 s 186
(sec.2-ssec.1) The following particulars must be included in an application for a licence— a copy of the registered plan of survey and the instrument of title for the premises to which the application relates; a description of each area from which it is proposed to sell or supply wine on the premises; a plan of the premises drawn to scale showing the layout of the premises; if a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business; evidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises; if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine— the types of fruit grown on the premises for making wine; and the size of the area in which each type of fruit is grown; if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises; if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.
(sec.2-ssec.2) In this section— food business see the Food Act 2006 , section 13 . food licence means a licence issued by a local government under the Food Act 2006 , section 60 or 64 . planning scheme means a planning scheme under the Planning Act 2016 . relevant local government , for premises, means the local government for the area in which the premises are located.
(a) a copy of the registered plan of survey and the instrument of title for the premises to which the application relates;
(b) a description of each area from which it is proposed to sell or supply wine on the premises;
(c) a plan of the premises drawn to scale showing the layout of the premises;
(d) if a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business;
(e) evidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises;
(f) if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine— (i) the types of fruit grown on the premises for making wine; and (ii) the size of the area in which each type of fruit is grown;
(i) the types of fruit grown on the premises for making wine; and
(ii) the size of the area in which each type of fruit is grown;
(g) if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises;
(h) if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.
(i) the types of fruit grown on the premises for making wine; and
(ii) the size of the area in which each type of fruit is grown;
sec.3
Labelling of sealed container— Act , s 17
sec.3 Labelling of sealed container— Act , s 17
This section does not apply to a sealed container of wine to which a label was applied before 1 September 1995.
A label on a sealed container in which a licensee’s wine is sold or supplied must state—
the area where the fruit used to make the wine was grown; and
the place the wine was made.
(sec.3-ssec.1) This section does not apply to a sealed container of wine to which a label was applied before 1 September 1995.
(sec.3-ssec.2) A label on a sealed container in which a licensee’s wine is sold or supplied must state— the area where the fruit used to make the wine was grown; and the place the wine was made.
(a) the area where the fruit used to make the wine was grown; and
(b) the place the wine was made.
pt.3
Advertising and submissions on licence applications
Advertising and submissions on licence applications
sec.4
Advertisement of applications— Act , s 25 (2)
sec.4 Advertisement of applications— Act , s 25 (2)
For the Act , section 25 (2) , an application must be advertised by—
publishing a notice in a newspaper circulating—
in the area of the State to which the application relates; or
in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and
conspicuously displaying a notice on the premises for the submission period.
The notice must state the following information—
the type of licence being applied for;
the name of the applicant;
the name of the premises;
the principal activity of the business operated on the premises;
the trading hours of the premises;
that written submissions may be made to the chief executive objecting to the granting of the application;
the notice date;
the submission period.
The notice under subsection (1) (a) must be published in the newspaper—
once within the first 7 days of the submission period; and
once between 14 and 21 days from the start of the submission period.
The notice under subsection (1) (b) must be printed on a sign that—
is at least 600mm wide and 900mm high; and
has a heading in a bold style; and
has lettering for the heading at least 50mm high; and
has lettering for the body of the text at least 15mm high; and
if situated outdoors—is constructed of weatherproof material.
In this section—
notice date , for an application, means—
if the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or
otherwise—the day that is 28 days after the chief executive decides that the application should be advertised.
submission period means a period of 28 days starting on the notice date.
(sec.4-ssec.1) For the Act , section 25 (2) , an application must be advertised by— publishing a notice in a newspaper circulating— in the area of the State to which the application relates; or in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and conspicuously displaying a notice on the premises for the submission period.
(sec.4-ssec.2) The notice must state the following information— the type of licence being applied for; the name of the applicant; the name of the premises; the principal activity of the business operated on the premises; the trading hours of the premises; that written submissions may be made to the chief executive objecting to the granting of the application; the notice date; the submission period.
(sec.4-ssec.3) The notice under subsection (1) (a) must be published in the newspaper— once within the first 7 days of the submission period; and once between 14 and 21 days from the start of the submission period.
(sec.4-ssec.4) The notice under subsection (1) (b) must be printed on a sign that— is at least 600mm wide and 900mm high; and has a heading in a bold style; and has lettering for the heading at least 50mm high; and has lettering for the body of the text at least 15mm high; and if situated outdoors—is constructed of weatherproof material.
(sec.4-ssec.5) In this section— notice date , for an application, means— if the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or otherwise—the day that is 28 days after the chief executive decides that the application should be advertised. submission period means a period of 28 days starting on the notice date.
(a) publishing a notice in a newspaper circulating— (i) in the area of the State to which the application relates; or (ii) in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and
(i) in the area of the State to which the application relates; or
(ii) in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and
(b) conspicuously displaying a notice on the premises for the submission period.
(i) in the area of the State to which the application relates; or
(ii) in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and
(a) the type of licence being applied for;
(b) the name of the applicant;
(c) the name of the premises;
(d) the principal activity of the business operated on the premises;
(e) the trading hours of the premises;
(f) that written submissions may be made to the chief executive objecting to the granting of the application;
(g) the notice date;
(h) the submission period.
(a) once within the first 7 days of the submission period; and
(b) once between 14 and 21 days from the start of the submission period.
(a) is at least 600mm wide and 900mm high; and
(b) has a heading in a bold style; and
(c) has lettering for the heading at least 50mm high; and
(d) has lettering for the body of the text at least 15mm high; and
(e) if situated outdoors—is constructed of weatherproof material.
(a) if the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or
(b) otherwise—the day that is 28 days after the chief executive decides that the application should be advertised.
sec.5
Who may make a submission— Act , s 26 (2) (a)
sec.5 Who may make a submission— Act , s 26 (2) (a)
A submission to the chief executive objecting to the granting of an application may be made by—
an adult or body of persons that—
has a proper interest in the area of the State to which the application relates; and
is likely to be affected by the grant of the application; or
the local government for the area of the State to which the application relates; or
the Assistant Commissioner in charge of the police service for the area of the State to which the application relates.
(a) an adult or body of persons that— (i) has a proper interest in the area of the State to which the application relates; and (ii) is likely to be affected by the grant of the application; or
(i) has a proper interest in the area of the State to which the application relates; and
(ii) is likely to be affected by the grant of the application; or
(b) the local government for the area of the State to which the application relates; or
(c) the Assistant Commissioner in charge of the police service for the area of the State to which the application relates.
(i) has a proper interest in the area of the State to which the application relates; and
(ii) is likely to be affected by the grant of the application; or
sec.6
How a submission may be made— Act , s 26 (2) (b)
sec.6 How a submission may be made— Act , s 26 (2) (b)
A submission objecting to the grant of an application may be made individually or by petition.
sec.7
When submission to be made— Act , s 26 (2) (c)
sec.7 When submission to be made— Act , s 26 (2) (c)
A submission objecting to the grant of an application must be made to the chief executive within the submission period.
In this section—
submission period see section 4 (5) .
(sec.7-ssec.1) A submission objecting to the grant of an application must be made to the chief executive within the submission period.
(sec.7-ssec.2) In this section— submission period see section 4 (5) .
sec.8
Grounds on which an objection may be made— Act , s 26 (2) (d)
sec.8 Grounds on which an objection may be made— Act , s 26 (2) (d)
The grounds on which a person may object to the grant of an application are—
undue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or
the amenity, quiet or good order of the locality would be adversely affected in some way.
In this section—
locality means the locality of the premises to which the application relates.
(sec.8-ssec.1) The grounds on which a person may object to the grant of an application are— undue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or the amenity, quiet or good order of the locality would be adversely affected in some way.
(sec.8-ssec.2) In this section— locality means the locality of the premises to which the application relates.
(a) undue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or
(b) the amenity, quiet or good order of the locality would be adversely affected in some way.
sec.9
Requirements of submission by petition
sec.9 Requirements of submission by petition
A submission purporting to be by petition is ineffective, and may be disregarded, unless—
each sheet of the petition has an identical heading clearly stating the subject matter of the petition and positioned to be clearly legible to every person whose signature on the petition is sought; and
each signatory to the petition adds particulars of his or her connection with the area of the State to which the application relates; and
each sheet of the petition states the name of the petition’s sponsor with whom contact between the chief executive and the signatories to the petition is to take place.
A notice given by the chief executive, or the tribunal, to the sponsor of the petition is taken to be given to all signatories to the petition.
s 9 amd 2009 Act No. 24 s 872 (amd 2009 Act No. 48 s 102 )
(sec.9-ssec.1) A submission purporting to be by petition is ineffective, and may be disregarded, unless— each sheet of the petition has an identical heading clearly stating the subject matter of the petition and positioned to be clearly legible to every person whose signature on the petition is sought; and each signatory to the petition adds particulars of his or her connection with the area of the State to which the application relates; and each sheet of the petition states the name of the petition’s sponsor with whom contact between the chief executive and the signatories to the petition is to take place.
(sec.9-ssec.2) A notice given by the chief executive, or the tribunal, to the sponsor of the petition is taken to be given to all signatories to the petition.
(a) each sheet of the petition has an identical heading clearly stating the subject matter of the petition and positioned to be clearly legible to every person whose signature on the petition is sought; and
(b) each signatory to the petition adds particulars of his or her connection with the area of the State to which the application relates; and
(c) each sheet of the petition states the name of the petition’s sponsor with whom contact between the chief executive and the signatories to the petition is to take place.
pt.4
Consideration of conferences and objections
Consideration of conferences and objections
sec.10
Conference of interested persons and consideration by chief executive
sec.10 Conference of interested persons and consideration by chief executive
This section applies to the chief executive when considering an application for a licence.
The chief executive may hold a conference with the interested persons for the application.
If a conference is held and a formal agreement is reached between the interested persons for the application, the chief executive must, in considering the application, have regard to the formal agreement.
If a conference is not held or a conference was held but no agreement was reached, the chief executive must, in considering the application, have regard to—
all submissions objecting to the grant of the application; and
the impact on the amenity of the community concerned.
Evidence of anything said or done during a conference is inadmissible in a proceeding before the Tribunal unless the parties to the conference agree otherwise.
In this section—
formal agreement means a written agreement—
signed by interested persons; and
that the chief executive is satisfied is lawful.
interested person , for an application, means—
the applicant; or
a person who has properly made a submission objecting to the application.
(sec.10-ssec.1) This section applies to the chief executive when considering an application for a licence.
(sec.10-ssec.2) The chief executive may hold a conference with the interested persons for the application.
(sec.10-ssec.3) If a conference is held and a formal agreement is reached between the interested persons for the application, the chief executive must, in considering the application, have regard to the formal agreement.
(sec.10-ssec.4) If a conference is not held or a conference was held but no agreement was reached, the chief executive must, in considering the application, have regard to— all submissions objecting to the grant of the application; and the impact on the amenity of the community concerned.
(sec.10-ssec.5) Evidence of anything said or done during a conference is inadmissible in a proceeding before the Tribunal unless the parties to the conference agree otherwise.
(sec.10-ssec.6) In this section— formal agreement means a written agreement— signed by interested persons; and that the chief executive is satisfied is lawful. interested person , for an application, means— the applicant; or a person who has properly made a submission objecting to the application.
(a) all submissions objecting to the grant of the application; and
(b) the impact on the amenity of the community concerned.
(a) signed by interested persons; and
(b) that the chief executive is satisfied is lawful.
(a) the applicant; or
(b) a person who has properly made a submission objecting to the application.
pt.5
Queensland Wine Industry Policy Council
Queensland Wine Industry Policy Council
sec.11
Functions of Policy Council— Act , s 55 (2)
sec.11 Functions of Policy Council— Act , s 55 (2)
The functions of the Queensland Wine Industry Policy Council are—
to consult with, and provide advice to, the Minister about issues of strategic significance to the wine industry; and
to examine, and make recommendations to the Minister on, issues relevant to the wine industry, either on the council’s own initiative or if asked by the Minister; and
to find out, and advise the Minister on, the wine industry’s views about the administration of the industry; and
to provide a forum for discussion of issues relevant to the wine industry; and
to provide a mechanism for the recognition of excellence in the wine industry.
(a) to consult with, and provide advice to, the Minister about issues of strategic significance to the wine industry; and
(b) to examine, and make recommendations to the Minister on, issues relevant to the wine industry, either on the council’s own initiative or if asked by the Minister; and
(c) to find out, and advise the Minister on, the wine industry’s views about the administration of the industry; and
(d) to provide a forum for discussion of issues relevant to the wine industry; and
(e) to provide a mechanism for the recognition of excellence in the wine industry.
sec.12
Membership of Policy Council— Act , s 56 (2)
sec.12 Membership of Policy Council— Act , s 56 (2)
The Queensland Wine Industry Policy Council consists of the number of members (not less than 3 nor more than 5) decided by the Minister.
The Minister must appoint the members on the basis of their capacity to adequately represent the strategic interests of the wine industry.
(sec.12-ssec.1) The Queensland Wine Industry Policy Council consists of the number of members (not less than 3 nor more than 5) decided by the Minister.
(sec.12-ssec.2) The Minister must appoint the members on the basis of their capacity to adequately represent the strategic interests of the wine industry.
pt.6
Records
Records
sec.13
Records to be kept by licensee for a wine producer licence— Act , s 50 (1)
sec.13 Records to be kept by licensee for a wine producer licence— Act , s 50 (1)
A licensee for a wine producer licence must keep records about the following—
if the licensee grows, on the licensed premises, fruit to be used for making wine—
the types of fruit grown; and
the size of the area in which each type of fruit is grown; and
the day each area is planted with the plants, trees or vines on which the fruit is grown; and
the day the fruit is harvested;
if the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine—
the name and address of each person who grew the fruit used by the licensee to make the wine; and
the amount of fruit delivered by each person; and
the day the fruit is delivered by each person;
if the licensee makes wine on the licensed premises—
the type of fruit used to make each wine; and
the quantity of fruit used to make each wine; and
the day the wine is bottled;
if the licensee has wine made but the wine is not made on the licensed premises—
the name and address of the person who made the wine for the licensee; and
the amount of each type of fruit sent to the person; and
the day the fruit is delivered to the person; and
the total volume of wine made from the fruit by the person for the licensee.
(a) if the licensee grows, on the licensed premises, fruit to be used for making wine— (i) the types of fruit grown; and (ii) the size of the area in which each type of fruit is grown; and (iii) the day each area is planted with the plants, trees or vines on which the fruit is grown; and (iv) the day the fruit is harvested;
(i) the types of fruit grown; and
(ii) the size of the area in which each type of fruit is grown; and
(iii) the day each area is planted with the plants, trees or vines on which the fruit is grown; and
(iv) the day the fruit is harvested;
(b) if the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine— (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and (ii) the amount of fruit delivered by each person; and (iii) the day the fruit is delivered by each person;
(i) the name and address of each person who grew the fruit used by the licensee to make the wine; and
(ii) the amount of fruit delivered by each person; and
(iii) the day the fruit is delivered by each person;
(c) if the licensee makes wine on the licensed premises— (i) the type of fruit used to make each wine; and (ii) the quantity of fruit used to make each wine; and (iii) the day the wine is bottled;
(i) the type of fruit used to make each wine; and
(ii) the quantity of fruit used to make each wine; and
(iii) the day the wine is bottled;
(d) if the licensee has wine made but the wine is not made on the licensed premises— (i) the name and address of the person who made the wine for the licensee; and (ii) the amount of each type of fruit sent to the person; and (iii) the day the fruit is delivered to the person; and (iv) the total volume of wine made from the fruit by the person for the licensee.
(i) the name and address of the person who made the wine for the licensee; and
(ii) the amount of each type of fruit sent to the person; and
(iii) the day the fruit is delivered to the person; and
(iv) the total volume of wine made from the fruit by the person for the licensee.
(i) the types of fruit grown; and
(ii) the size of the area in which each type of fruit is grown; and
(iii) the day each area is planted with the plants, trees or vines on which the fruit is grown; and
(iv) the day the fruit is harvested;
(i) the name and address of each person who grew the fruit used by the licensee to make the wine; and
(ii) the amount of fruit delivered by each person; and
(iii) the day the fruit is delivered by each person;
(i) the type of fruit used to make each wine; and
(ii) the quantity of fruit used to make each wine; and
(iii) the day the wine is bottled;
(i) the name and address of the person who made the wine for the licensee; and
(ii) the amount of each type of fruit sent to the person; and
(iii) the day the fruit is delivered to the person; and
(iv) the total volume of wine made from the fruit by the person for the licensee.
sec.14
Records to be kept by licensee for a wine merchant licence— Act , s 50 (1)
sec.14 Records to be kept by licensee for a wine merchant licence— Act , s 50 (1)
A licensee for a wine merchant licence must keep records about the following—
if the licensee grows, on the licensed premises, plants, trees or vines, the fruit of which will later be used to make wine—
the types of plants, trees or vines grown; and
the size of the area in which each type of plant, tree or vine is grown; and
the day each area is planted with the type of plant, tree or vine; and
the year when it is expected that wine made from the fruit of the type of plant, tree or vine will first become available;
if the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine—
the name and address of each person who grew the fruit used by the licensee to make the wine; and
the amount of fruit delivered by each person; and
the day the fruit is delivered by each person;
if the licensee has wine made but the wine is not made on the licensed premises—
the name and address of the person who made the wine for the licensee; and
the amount of each type of fruit sent to the person; and
the day the fruit is delivered to the person; and
the total volume of wine made from the fruit by the person for the licensee.
(a) if the licensee grows, on the licensed premises, plants, trees or vines, the fruit of which will later be used to make wine— (i) the types of plants, trees or vines grown; and (ii) the size of the area in which each type of plant, tree or vine is grown; and (iii) the day each area is planted with the type of plant, tree or vine; and (iv) the year when it is expected that wine made from the fruit of the type of plant, tree or vine will first become available;
(i) the types of plants, trees or vines grown; and
(ii) the size of the area in which each type of plant, tree or vine is grown; and
(iii) the day each area is planted with the type of plant, tree or vine; and
(iv) the year when it is expected that wine made from the fruit of the type of plant, tree or vine will first become available;
(b) if the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine— (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and (ii) the amount of fruit delivered by each person; and (iii) the day the fruit is delivered by each person;
(i) the name and address of each person who grew the fruit used by the licensee to make the wine; and
(ii) the amount of fruit delivered by each person; and
(iii) the day the fruit is delivered by each person;
(c) if the licensee has wine made but the wine is not made on the licensed premises— (i) the name and address of the person who made the wine for the licensee; and (ii) the amount of each type of fruit sent to the person; and (iii) the day the fruit is delivered to the person; and (iv) the total volume of wine made from the fruit by the person for the licensee.
(i) the name and address of the person who made the wine for the licensee; and
(ii) the amount of each type of fruit sent to the person; and
(iii) the day the fruit is delivered to the person; and
(iv) the total volume of wine made from the fruit by the person for the licensee.
(i) the types of plants, trees or vines grown; and
(ii) the size of the area in which each type of plant, tree or vine is grown; and
(iii) the day each area is planted with the type of plant, tree or vine; and
(iv) the year when it is expected that wine made from the fruit of the type of plant, tree or vine will first become available;
(i) the name and address of each person who grew the fruit used by the licensee to make the wine; and
(ii) the amount of fruit delivered by each person; and
(iii) the day the fruit is delivered by each person;
(i) the name and address of the person who made the wine for the licensee; and
(ii) the amount of each type of fruit sent to the person; and
(iii) the day the fruit is delivered to the person; and
(iv) the total volume of wine made from the fruit by the person for the licensee.
sec.15
Records to be kept by licensee who blends wine— Act , s 50 (1)
sec.15 Records to be kept by licensee who blends wine— Act , s 50 (1)
A licensee must keep a record of each purchase of wine used for blending.
sec.16
Records of sales by licensees— Act , s 50 (1)
sec.16 Records of sales by licensees— Act , s 50 (1)
The purpose of this section is to prescribe records about wine sales that each licensee must keep.
If the licensee sells wine to the holder of a licence or permit under the Liquor Act , the licensee must keep records about the following—
the name and address of the person to whom the sale is made;
the number of the buyer’s licence;
the date of the sale;
the type of wine and the type of container in which the wine is sold;
the total quantity of each type of wine;
the sale price for each type of wine included in the sale.
For the sale of wine, other than a sale of wine for which a record must be kept under subsection (2) , the licensee must keep a record about the following for each category of prescribed buyer—
the total quantity of each type of wine;
the total quantity of each type of wine sold in each type of container;
the total value for each type of wine.
In this section—
brandy means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (d) .
category of prescribed buyer means—
for each State, other than Queensland, persons who buy wine for resale under an interstate licence; or
persons in Australia who buy wine for export, as part of a commercial transaction, from Australia; or
persons in other countries to whom the licensee sells and exports wine; or
any other persons who buy wine, other than holders of a licence or permit under the Liquor Act .
cider means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (b) .
fortified wine means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (e) .
interstate licence means a licence or permit under a law of another State that corresponds to the Liquor Act .
mead means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (c) .
table wine means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (a) .
type of container means each of the following—
bottles;
casks;
containers other than bottles or casks.
type of wine means each of the following—
table wine;
cider;
mead;
brandy;
fortified wine.
(sec.16-ssec.1) The purpose of this section is to prescribe records about wine sales that each licensee must keep.
(sec.16-ssec.2) If the licensee sells wine to the holder of a licence or permit under the Liquor Act , the licensee must keep records about the following— the name and address of the person to whom the sale is made; the number of the buyer’s licence; the date of the sale; the type of wine and the type of container in which the wine is sold; the total quantity of each type of wine; the sale price for each type of wine included in the sale.
(sec.16-ssec.3) For the sale of wine, other than a sale of wine for which a record must be kept under subsection (2) , the licensee must keep a record about the following for each category of prescribed buyer— the total quantity of each type of wine; the total quantity of each type of wine sold in each type of container; the total value for each type of wine.
(sec.16-ssec.4) In this section— brandy means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (d) . category of prescribed buyer means— for each State, other than Queensland, persons who buy wine for resale under an interstate licence; or persons in Australia who buy wine for export, as part of a commercial transaction, from Australia; or persons in other countries to whom the licensee sells and exports wine; or any other persons who buy wine, other than holders of a licence or permit under the Liquor Act . cider means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (b) . fortified wine means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (e) . interstate licence means a licence or permit under a law of another State that corresponds to the Liquor Act . mead means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (c) . table wine means a wine of the type described in the Act , schedule 2 , definition wine , paragraph (a) . type of container means each of the following— bottles; casks; containers other than bottles or casks. type of wine means each of the following— table wine; cider; mead; brandy; fortified wine.
(a) the name and address of the person to whom the sale is made;
(b) the number of the buyer’s licence;
(c) the date of the sale;
(d) the type of wine and the type of container in which the wine is sold;
(e) the total quantity of each type of wine;
(f) the sale price for each type of wine included in the sale.
(a) the total quantity of each type of wine;
(b) the total quantity of each type of wine sold in each type of container;
(c) the total value for each type of wine.
(a) for each State, other than Queensland, persons who buy wine for resale under an interstate licence; or
(b) persons in Australia who buy wine for export, as part of a commercial transaction, from Australia; or
(c) persons in other countries to whom the licensee sells and exports wine; or
(d) any other persons who buy wine, other than holders of a licence or permit under the Liquor Act .
(a) bottles;
(b) casks;
(c) containers other than bottles or casks.
(a) table wine;
(b) cider;
(c) mead;
(d) brandy;
(e) fortified wine.
sec.17
Annual return— Act , s 51 (1)
sec.17 Annual return— Act , s 51 (1)
The prescribed day for a licensee to give the chief executive a return about the matters included in the licensee’s records is 21 July in each year.
pt.7
Miscellaneous
Miscellaneous
sec.18
Fees
sec.18 Fees
The fees payable for the purposes of the Act are set out in schedule 1 .
s 18 amd 2017 SL No. 109 s 132
sec.18AA
Rounding of amounts expressed as numbers of fee units
sec.18AA Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—
if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or
if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or
if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).
If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
s 18AA ins 2022 SL No. 79 s 180
(sec.18AA-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
(sec.18AA-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
(a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or
(c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or
(d) if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).
sec.18A
Section sec.18A
s 18A prev s 18A ins 2020 SL No. 83 s 6
exp 30 June 2021 (see s 18A(4))
pres s 18A ins 2021 SL No. 155 s 9 (retro)
exp 30 June 2022 (see s 18A(5))
sec.19
Forms
sec.19 Forms
The chief executive may approve forms for use under the Act or this regulation.
pt.8
Repeal
Repeal
sec.20
Repeal
sec.20 Repeal
The Wine Industry Regulation 1995 , SL No. 71 is repealed.
pt.9
Transitional provisions
Transitional provisions
sec.21
Applications advertised under the Wine Industry Regulation 1995
sec.21 Applications advertised under the Wine Industry Regulation 1995
The Wine Industry Regulation 1995 , part 3 , as in force immediately before the commencement, continues to apply to an application under the Act , that was made, but not decided, before the commencement.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Wine Industry Regulation 2009 .
pt.2 Application for licence
Application for licence
sec.2 Particulars to be included in application for licence— Act , s 7 (1) (b)
sec.2 Particulars to be included in application for licence— Act , s 7 (1) (b)
The following particulars must be included in an application for a licence—
a copy of the registered plan of survey and the instrument of title for the premises to which the application relates;
a description of each area from which it is proposed to sell or supply wine on the premises;
a plan of the premises drawn to scale showing the layout of the premises;
if a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business;
evidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises;
if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine—
the types of fruit grown on the premises for making wine; and
the size of the area in which each type of fruit is grown;
if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises;
if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.
In this section—
food business see the Food Act 2006 , section 13 .
food licence means a licence issued by a local government under the Food Act 2006 , section 60 or 64 .
planning scheme means a planning scheme under the Planning Act 2016 .
relevant local government , for premises, means the local government for the area in which the premises are located.
s 2 amd 2009 SL No. 280 s 205 ; 2017 SL No. 103 s 186
(sec.2-ssec.1) The following particulars must be included in an application for a licence— a copy of the registered plan of survey and the instrument of title for the premises to which the application relates; a description of each area from which it is proposed to sell or supply wine on the premises; a plan of the premises drawn to scale showing the layout of the premises; if a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business; evidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises; if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine— the types of fruit grown on the premises for making wine; and the size of the area in which each type of fruit is grown; if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises; if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.
(sec.2-ssec.2) In this section— food business see the Food Act 2006 , section 13 . food licence means a licence issued by a local government under the Food Act 2006 , section 60 or 64 . planning scheme means a planning scheme under the Planning Act 2016 . relevant local government , for premises, means the local government for the area in which the premises are located.
Prescribes mandatory record-keeping obligations for wine producers, wine merchants, blenders and sellers, spelling out the data elements to be maintained (ss 13-16). It fixes an annual return day of 21 July for licensees to deliver returns of the prescribed records (s 17).
Declares that fees are set out in schedule 1 (s 18) and prescribes how amounts expressed as fee units are rounded when converted to dollars (s 18AA).
Permits the chief executive to approve forms (s 19), repeals the prior 1995 regulation (s 20) and provides transitional treatment for applications advertised under the 1995 regulation (s 21).
The text contains amendment annotations (for example, s 2 amended 2009 and 2017, s 18AA inserted 2022) that indicate later changes to the regulation. The regulation itself does not set out penalty provisions; compliance consequences and enforcement mechanisms are matters the Act and other instruments will address. The operational effect is to specify documentary, notice, record and procedural inputs that licence applicants and current licensees must supply and to allocate decision and facilitation roles to the chief executive and the Minister (ss 2-12, 17-19).
Main concepts
The regulation organises its rules around a handful of controlling concepts: application particulars, public notice and objection processes, conferencing and decision-making by the chief executive, advisory oversight, record-keeping and returns, fees and administrative forms.
Application particulars (s 2)
The regulation transforms abstract licence requirements in the Act into concrete documentary and plan-based deliverables. Applicants must provide title and plan of survey, a scale plan of premises, a description of selling areas, and evidence of planning-scheme permissibility. For wine producers and merchants there are bespoke agricultural and facility particulars (s 2).
Public advertising and submissions (ss 4-9)
Advertising is dual-track: a newspaper publication plus conspicuous on-premises signage for the 28-day submission period. The regulation fixes the content and timing of newspaper notices (two insertions at prescribed windows) and prescribes minimum physical properties of signage (size, heading style and letter heights) and weatherproofing if outdoors (s 4). Submissions may be made individually or by petition (s 6). The class of persons with standing to object is limited to adults or bodies with a proper interest likely to be affected, the local government and the Assistant Commissioner in charge of police for the relevant area (s 5). Grounds for objection are confined to local nuisance/amenity considerations (s 8).
Conferences and decision inputs (s 10)
The chief executive may convene a conference of interested persons. A lawful written agreement signed by interested persons reached at a conference must be regarded by the chief executive. Absent a conference or agreement, the chief executive must have regard to all written submissions and the impact on community amenity (s 10). Statements made at conferences are inadmissible before the Tribunal unless agreed otherwise, insulating negotiating communications.
Advisory council (ss 11-12)
The Queensland Wine Industry Policy Council is an industry advisory body whose functions are to consult and advise the Minister on strategic issues, examine and recommend policy matters, obtain industry views, provide discussion forums and recognise excellence. Membership is either three to five members appointed by the Minister on the basis of representational capacity (s 11-12).
Records and returns (ss 13-17)
The regulation sets out the exact contents of records licensees must keep, distinguishing producer, merchant, blender and seller records. Producers must record crop types, planted areas and harvest dates, outsourced fruit details, bottling dates and contract-making details (s 13). Merchants must record planting and expected first-availability years, fruit suppliers’ details and outsourcing particulars (s 14). Blenders must record each purchase used for blending (s 15). Sales records require buyer identity, buyer licence number if sold to a licensed holder, quantities, container types and sale prices (s 16). The annual return day is 21 July (s 17).
Fees and rounding (ss 18, 18AA)
The regulation points to schedule 1 for fees (s 18) and sets a rounding regime for converting fee units to monetary amounts, with graduated rounding intervals from 5 cents up to multiples of 10 dollars depending on the dollar magnitude (s 18AA).
Administrative instruments (s 19) and transition/repeal (ss 20-21)
The chief executive may approve forms (s 19). The 1995 regulation is repealed (s 20) but applications already advertised under the 1995 instrument continue to be governed by that instrument until decided (s 21).
Across these concepts the regulation narrows substantive grounds for objection to amenity and nuisance, standardises transparency obligations via advertising and signage, and creates precise documentary and record burdens that identify supply chains, production timing and sales flows. The chief executive and Minister are given practical levers (notice timing, conferences, form approvals, council appointments) to shape process without the regulation specifying enforcement sanctions.
Who it affects
Directly affected persons and entities
Licence applicants: Parties applying for any licence under the Act must supply the particulars set out in s 2. That includes owners or occupiers seeking wine producer licences, wine merchant licences and other licence categories. Applicants must collate title documents, plans, descriptions of sale areas, and, where applicable, food-licence and planning-scheme evidence (s 2).
Current licensees: Obligations to keep specified records (ss 13-16) and to lodge an annual return on the prescribed day (s 17) apply to holders of wine producer, wine merchant, blending and sales-related licences.
Wine merchants and producers: The regulation contains industry-specific data points (types of fruit, area sizes, planting and harvest dates, expected first-availability years for merchant-grown vines) that will be of particular operational interest to growers and producers (ss 13-14).
Businesses conducting food services on licensed premises: If a food business operates on the premises the applicant must supply details of the local government food licence (s 2(d)). That links local food-safety regulation to wine-licensing approval.
Indirectly affected persons and institutions
Local governments: They have standing to object to licence applications for premises in their area (s 5(b)). They are the authorities issuing food licences referenced in s 2 and are the planning-scheme authorities whose schemes applicants must demonstrate compliance with (s 2(e)).
Police (Assistant Commissioner): The Assistant Commissioner in charge of the police service for the local area has standing to object (s 5(c)), giving the police a formal role in the objection pipeline.
Consumers and neighbouring residents: The grounds for objection (s 8) are framed in terms of undue offence, disturbance, inconvenience and adverse effects on amenity and quiet. Residents and persons likely to be affected may make submissions if they have a proper interest and are likely to be affected (s 5).
The Minister and the chief executive: The Minister appoints Policy Council members (s 12) and receives advice. The chief executive administers advertising notice dates, holds conferences, approves forms and receives submissions (ss 4, 10, 19).
Who bears compliance costs
Licence applicants bear costs associated with assembling title and planning documentation, preparing scale plans, obtaining and supplying local government food licences (if relevant), and preparing detailed agricultural and facility descriptions for producer and merchant licences (s 2). They also must fund advertising (newspaper insertions and signage) and manage the timing of those notices as prescribed (s 4).
Licensees must maintain record systems capable of capturing the granular production and sales data specified (ss 13-16), and staff time to prepare and file annual returns (s 17).
Petition sponsors must ensure petitions comply with formal requirements,identical headings, signatory particulars and sponsor naming,or risk their petition being disregarded (s 9).
Decision-makers and discretionary actors
The chief executive has discretion to set the notice date by agreement with an applicant or set a default notice date (s 4(5)); to hold conferences and to direct consideration to formal agreements when reached (s 10); and to approve administrative forms (s 19). The Minister decides the size and membership of the Policy Council within a 3-5 member band and appoints members on representational capacity (s 12).
Who decides the outcome
The regulation allocates procedural and administrative decision-making to the chief executive and policy-advisory functions to the Minister and the Policy Council. It does not itself decide licence grants or specify sanctions; that remains with the Act and the chief executive’s statutory powers under the Act.
Key duties and rights
Duties imposed on licence applicants and licensees
Application documentation (s 2)
Applicants must include a copy of the registered plan of survey and instrument of title for the premises (s 2(a)).
They must provide a description of each area from which wine is to be sold or supplied and a scale plan showing premises layout (s 2(b)-(c)).
If a food business operates on the premises, the applicant must include details of the local government food licence (s 2(d)).
Applicants must provide evidence that the proposed business is permitted under the local planning scheme (s 2(e)).
Wine producers must provide details of fruit types, area sizes and, if winemaking occurs on premises, a description of winemaking facilities (s 2(f)-(g)).
Wine merchant applicants must describe facilities that would enable them to contribute substantially to the Queensland wine industry (s 2(h)).
Advertising and signage (s 4)
Applicants must arrange publication of a notice in a newspaper circulating in the relevant area (or statewide if no local paper circulates) and conspicuously display a sign on the premises for the submission period (s 4(1)).
Notices in newspapers must be published twice within the submission period timing windows set out in s 4(3).
Signage must meet dimension and typography requirements and be weatherproof if outdoors (s 4(4)).
Record-keeping and returns (ss 13-17)
Producers must record types of fruit grown, area sizes, planting and harvest dates, fruit delivered by third parties, bottling dates, and contract-making and outsourcing details if applicable (s 13).
Merchants must record types of vines/plants, area sizes, planting dates and expected first-availability years, plus third-party fruit supplier details (s 14).
Blenders must record each purchase of wine used for blending (s 15).
All licensees must maintain sales records with buyer identities, licence numbers where applicable, sale dates, types of wine and containers, quantity and sale price, and aggregate category records for prescribed buyers (s 16).
An annual return about the matters in licensee records is due 21 July each year (s 17).
Procedural duties (ss 4-10)
Applicants must start the submission period by either an agreed notice date with the chief executive or as prescribed by the chief executive (s 4(5)). Submissions must be made within the 28-day submission period (s 7).
Petition sponsors must ensure petitions comply with sheet-heading, signatory connection particulars and sponsor-naming requirements, or the petition may be disregarded (s 9).
Discretionary powers, rights to be heard and protections
Chief executive’s duties and discretion (ss 4, 10, 19)
The chief executive is required to receive and consider submissions within the submission period (s 7) and may hold conferences with interested persons (s 10(2)). If a lawful written agreement is made at a conference, the chief executive must have regard to it (s 10(3)). Where no agreement exists, the chief executive must have regard to all submissions and the impact on community amenity (s 10(4)). The chief executive may approve forms for use under the Act or regulation (s 19).
Standing to object (s 5)
Persons with a proper interest who are likely to be affected, local government, and the Assistant Commissioner in charge of local police may make submissions objecting to an application (s 5). Submissions may be individual or by petition (s 6).
Protection of conference communications (s 10(5))
Evidence of anything said or done during a conference is inadmissible in Tribunal proceedings unless the parties to the conference agree otherwise, protecting negotiation confidentiality.
Label rights and obligations (s 3)
Licensees must label sealed containers to state the area where fruit was grown and the place the wine was made. The regulation grants a narrow historical exemption for labels applied before 1 September 1995 (s 3(1)-(2)).
Policy Council functions (s 11)
The Policy Council has a right to be consulted and to provide advice to the Minister on strategic issues. Membership is appointed by the Minister and limited to 3-5 members (s 12).
Where the regulation is silent or delegates elsewhere
The regulation sets processes and documentary obligations but does not specify sanctions or enforcement processes. The duty to enforce and any penalties will be found in the Act or other instruments; the regulation prescribes process inputs, not the full consequences of non-compliance.
Penalties and enforcement
The Wine Industry Regulation 2009 text provided contains no express penalty, infringement or enforcement provisions. The regulation prescribes procedural and documentary requirements (application particulars s 2; advertising s 4; petition requirements s 9; records ss 13-16; annual return s 17; fees s 18; rounding s 18AA; forms s 19), but it does not itself specify:
Criminal or civil penalties for failing to comply with the prescribed application particulars, advertising or signage standards, or for failing to keep the records the regulation requires.
Time limits or retention periods for records beyond the annual return date set at 21 July (s 17).
Administrative enforcement mechanisms such as notices to produce records, inspection powers or infringement notices within this regulation.
Practical implications from the text
Because the regulation sets substantive recording and procedural obligations but omits penalty clauses, enforcement must be sought in the Act or other statutes. Users must therefore consult the parent statute (the Wine Industry Act and any consequential provisions) to identify the specific sanctions and enforcement powers that apply where a duty in the regulation is breached. The regulation’s role is procedural and evidential rather than punitive in its text.
The regulation creates administrative levers that influence decision-making: the chief executive must have regard to formal agreements reached at conferences (s 10(3)) and to submissions and amenity impacts (s 10(4)). Failure to follow the advertising, submission and petition processes may affect the administrative record on which the chief executive relies, and that may indirectly affect licensing outcomes even if the regulation does not prescribe a punishment.
The protection for conference communications from admissibility before the Tribunal (s 10(5)) is a procedural protection; it reduces the risk that negotiation statements will be used against participants in tribunal proceedings unless parties consent.
Where to look for enforcement rules
For sanctions, compliance remedies, powers of inspection and the formal consequences of non-compliance with licensing requirements, the Act and associated enforcement instruments must be consulted. The regulation cross-references the Act in multiple places (for example, it is drafted ", Act, s 7(1)(b)" in relation to application particulars), indicating that enforcement and licence-granting authority likely rest in the Act. The absence of penalty provisions in this regulation should be treated as an intentional separation of process (this regulation) from enforcement (the Act).
Analyst’s practical note
Practitioners should not treat the regulatory obligations as unenforceable because this regulation lacks penalties. Administrative decision-makers commonly treat failure to comply with prescribed procedures as grounds to refuse or delay licences; the enforcement consequences are realised through discretionary decision-making and through the Act’s sanctioning provisions. Counsel should map the regulation’s procedural obligations to the Act’s enforcement provisions before giving compliance advice or planning operational changes.
How it interacts with other laws
Cross-references within the regulation
The regulation explicitly cross-references the Act (for example, ss 2, 3, 4, 11 and 16 are captioned with "Act, s ..."), indicating that its application is carved out as subordinate, procedural law under the parent statute. For example, s 2 is framed "Particulars to be included in application for licence, Act, s 7(1)(b)" and s 3 "Labelling of sealed container, Act, s 17", tying these regulatory details to statutory licensing and labelling powers.
Links to planning and local government law
Applicants must provide evidence that the proposed business is permitted under the planning scheme of the relevant local government (s 2(e)). "Planning scheme" is defined in the regulation to mean a planning scheme under the Planning Act 2016. This imports a planning-law compliance requirement into the licensing process: an applicant must satisfy both liquor/wine licensing procedural obligations and local planning rules.
Food regulation interaction
If a food business operates on the premises, the applicant must provide details of the local government food licence. The regulation defines "food licence" by reference to the Food Act 2006, sections 60 or 64, and "food business" is defined by the Food Act 2006, s 13 (s 2). This creates a cross-regulatory compliance point requiring coordination with local government food-safety licensing.
Liquor and interstate licensing
Sales record obligations (s 16) reference the Liquor Act and interstate licences. "Category of prescribed buyer" is defined to include, among others, persons who buy wine for resale under an interstate licence, and interstate licences are defined as licences under a law of another State that correspond to the Liquor Act. This implicates state-to-state trade and the documentation required for interstate or export transactions.
Administrative law and tribunal interaction
The regulation contemplates Tribunal proceedings in relation to conference evidence admissibility (s 10(5)). The regulation precludes evidence of what was said or done in a conference from admissibility in Tribunal proceedings unless parties agree otherwise. This rule interacts with procedural fairness and evidentiary regimes in administrative and tribunal practice.
Local policing and public order
The Assistant Commissioner in charge of the police service for the area has standing to object to licence applications (s 5(c)). This creates a legal interface between licensing administration and public-order or policing considerations, allowing police to engage through formal submissions.
Fees and broader fiscal instruments
The regulation sets fees by reference to schedule 1 (s 18) and prescribes rounding rules for fee units (s 18AA). Fee units and their monetary value interact with broader financial and Acts Interpretation Act provisions referenced in s 18AA (Acts Interpretation Act 1954, s 48C(3)).
Transitional and repeals
The regulation repeals the Wine Industry Regulation 1995 (s 20) but preserves the applicability of the prior regime to applications advertised under the 1995 regulation and not decided before the commencement (s 21). This minimises retroactive disruption but creates a cohort of applications governed by older rules.
Practical consequences of these interactions
Applicants must coordinate with local government planning and food-licensing instruments and ensure records and sales data are compatible with interstate and export documentation needs. Because the regulation itself lacks penalty provisions, enforcement consequences and detailed inspection or sanctioning powers will be found in the Act and in related statutes such as the Liquor Act, Food Act and Planning Act.
Amendment history
The regulation text includes internal amendment annotations indicating later modifications and insertions. The explicit annotations in the source are the basis for this amendment history summary.
Key annotated amendments and insertions visible in the text
s 2: annotated "s 2 amd 2009 SL No. 280 s 205; 2017 SL No. 103 s 186". The text also repeats s 2 with amended numbering and formatting reflecting amendments.
s 9: annotated "s 9 amd 2009 Act No. 24 s 872 (amd 2009 Act No. 48 s 102)". This indicates that s 9 was amended in 2009, with citations to amending Acts.
s 18: annotated "s 18 amd 2017 SL No. 109 s 132", indicating the fees provision was amended in 2017.
s 18AA: annotated "s 18AA ins 2022 SL No. 79 s 180", showing s 18AA is a 2022 insertion prescribing the rounding rules for fee unit conversions.
s 18A: text indicates previous s 18A insertion and expirations in 2020 and 2021 but shows "Section sec.18A s 18A prev s 18A ins 2020 SL No. 83 s 6 exp 30 June 2021 (see s 18A(4)) pres s 18A ins 2021 SL No. 155 s 9 (retro) exp 30 June 2022 (see s 18A(5))". This suggests transient provisions existed and had expiry dates, but the current text provided does not include live s 18A material.
Interpretive notes based on the annotations present
The regulation has been subject to incremental amendment, particularly around fees and procedural details. The insertion of s 18AA in 2022 reflects a recent policy choice to standardise rounding for fee-unit conversions.
The amendments to s 2 in 2009 and 2017 likely adjusted application particulars or definitions; the source text shows the present content with amendments incorporated.
The presence of expiry annotations for s 18A indicates the regulation has accommodated temporary provisions in the past, though the provided text does not show a lasting substantive s 18A.
Limitations
The schedule containing fees (schedule 1) is not reproduced in the provided text. s 18 declares that fees are set out in schedule 1; the amendment note to s 18 in 2017 suggests fee levels or structures were changed then, but the exact fee amounts and categories are not available in the provided text.
The annotations provide statutory instrument references (SL numbers and section numbers) but do not include the full amending texts. For a complete legislative history, practitioners should consult the official consolidated version held by the Queensland legislation database and the full text of the cited amending instruments (2009 SL No. 280; 2017 SL No. 103; 2022 SL No. 79; amending Acts noted against s 9).
Practical consequence of amendment pattern
The regulation has evolved on fees and administrative devices (forms, rounding), and has accommodated time-limited changes. Where a compliance or transactional plan relies on fee quantum or rounding outcomes, practitioners should confirm the current consolidated schedule 1 and recent amending instruments to ensure accurate cost modelling (s 18, s 18AA).
Litigation history
The provided regulation text does not record any case law, judicial decisions or Tribunal determinations. There are no named cases in the text and no references to litigation outcomes. Specific features relevant to litigation risk include:
Evidence exclusion for conference communications (s 10(5)): This provision will be relevant in tribunal or court proceedings that arise from licensing decisions. It creates a statutory rule about admissibility in Tribunal proceedings unless parties agree otherwise. The effect of this exclusion will be driven by tribunal and court interpretation should disputes arise about whether parties consented to admission or whether documents fall outside the exclusion.
The regulation prescribes procedural and documentary obligations that could generate administrative-law challenges if the chief executive fails to follow required processes (for example, in advertising notice timing s 4(3), or in having regard to formal agreements s 10(3), s 10(4)). Judicial review or Tribunal appeals might engage issues of procedural fairness or whether the chief executive properly had regard to submissions and amenity impacts. The text itself, however, contains no litigation annotations or decisions.
Analyst guidance
Because the regulation sets process and documentary requirements without specifying enforcement sanctions, most litigation or review will be anchored in the parent Act or in general administrative-law principles. If there is a dispute about whether the chief executive complied with obligations set out in the regulation, the likely legal path will be administrative-review applications or Tribunal appeals under the Act. Practitioners should map specific statutory review paths in the Act and Tribunal rules rather than rely on the regulation for dispute-resolution guidance.
Recommendation for practitioners
To build a litigation or appeals strategy related to licensing decisions, obtain and review: the parent Act provisions that grant powers to the chief executive and specify review and appeal rights; Tribunal procedures and precedents; and any cases that have interpreted admissibility of conference communications in similar administrative contexts. The regulation’s s 10(5) will be a focal evidentiary provision in such disputes.
Gotchas
This section highlights practical traps and friction points that the regulation creates by its text and by its silences. Each "gotcha" is rooted in the regulation’s actual wording.
Signage and advertising are prescriptive and technical (s 4)
The regulation prescribes not only that a sign be displayed but precise dimensions (600 mm by 900 mm minimum), typography requirements (heading at least 50 mm; body text at least 15 mm) and weatherproofing if outdoors (s 4(4)). Failure to meet these technical specifications can make the on-premises notice non-compliant with the Act’s advertising requirements as implemented by the regulation. Applicants should not rely on generic signage providers without checking these minimums.
Newspaper timing windows are strict (s 4(3))
The regulation requires two newspaper insertions: one "within the first 7 days of the submission period" and one "between 14 and 21 days from the start of the submission period" (s 4(3)). Timing is tied to the submission period which starts on the notice date, itself either agreed between applicant and chief executive or otherwise the day that is 28 days after the chief executive decides advertising should start (s 4(5)). Mis-timing advertisements can truncate or otherwise invalidate the submission window.
Submission period and notice date interplay (s 4(5), s 7)
The submission period is 28 days starting on the notice date (s 4(5)). The notice date may be set by agreement between applicant and chief executive. If no agreement exists, the notice date is the day 28 days after the chief executive decides that the application should be advertised. This creates complexity and potential uncertainty about when the submission period actually runs; applicants should obtain written confirmation of the notice date from the chief executive to remove ambiguity.
Petition technicalities (s 9)
A petition "purporting to be by petition is ineffective, and may be disregarded" unless each sheet has an identical heading, each signatory provides particulars of connection with the area, and each sheet names the petition sponsor (s 9(1)). Failure to meet any of these requirements risks the petition being disregarded. Sponsors must manage logistics so that signatory particulars are captured at signing and sheet headings are consistent.
Labelling exemption limited to historical labels (s 3)
The labelling requirement applies to sealed containers sold or supplied by licensees (s 3(2)), but labels applied before 1 September 1995 are exempt (s 3(1)). Contemporary producers who retain stock bottled and labelled prior to that date are exempt for those labels; however, any relabelling or new bottling will trigger the requirement to state the area where the fruit was grown and the place the wine was made. Practitioners should confirm labelling for older vintages if they intend to re-sell.
Record content specified but retention period unspecified (ss 13-16, s 17)
The regulation prescribes what records must be kept and fixes the annual return date (21 July, s 17). It does not specify how long records must be retained, where they must be stored, or what format is acceptable. This silence can lead to downstream disputes about whether a licensee has "kept" records in an acceptable way if the Act or an inspection power later requires production. Practitioners should adopt conservative retention practices and confirm retention periods in the Act or other guidance.
Fees set in schedule 1 not reproduced (s 18)
s 18 states fees are in schedule 1, but schedule 1 is not included in the provided text. A party budgeting for licence fees must consult the consolidated regulation’s schedule 1. Further, rounding rules in s 18AA can affect final fee amounts; the example in s 18AA shows rounding up at half-way points.
Conference evidence inadmissibility (s 10(5))
Evidence of what is said or done at a conference is inadmissible in Tribunal proceedings unless parties agree otherwise. Parties negotiating at a conference may therefore operate with a degree of confidentiality but must be deliberate about whether they want statements preserved for possible later proceedings. A "formal agreement" must be written, signed and lawful for the chief executive to have regard to it (s 10(3)-(6)).
Who may object is limited and fact-specific (s 5)
Only adults or bodies with a "proper interest" who are "likely to be affected" may object; local government; and the Assistant Commissioner in charge of local police (s 5). Determining "proper interest" and "likely to be affected" can be contested thresholds; practitioners should craft submissions demonstrating both elements.
Policy Council membership discretionary (s 12)
The Minister decides the number of Policy Council members (within 3-5) and appoints members based on their capacity to represent strategic industry interests (s 12). There is no statutory process for nomination, term length, conflict-of-interest rules or transparency within the regulation; governance details may therefore be in other instruments or left to ministerial practice.
Transitional cohort governed by old rules (s 21)
Applications advertised under the Wine Industry Regulation 1995 and not decided before commencement continue to be governed by the 1995 part 3 (s 21). Practitioners must determine which instrument governed any pending application to advise correctly.
How to comply
This section provides a practical compliance checklist and steps mapped to the regulation’s sections. It assumes the practitioner will also consult the parent Act and schedule 1 for fees.
Pre-application and application stage (s 2)
Assemble title and survey documents: obtain a copy of the registered plan of survey and the instrument of title for the premises (s 2(a)).
Prepare a scale plan of premises: include a clear, to-scale layout showing each area from which wine will be sold or supplied (s 2(b)-(c)).
Confirm planning permissibility: obtain written evidence that the proposed activity is permitted under the local government planning scheme (s 2(e)). The regulation defines planning scheme as under the Planning Act 2016; obtain the specific planning instrument and any development approvals.
Food business nexus: if any food business operates on the premises, secure and include the local government food licence details under the Food Act 2006 (s 2(d)).
Producer/merchant particulars:
Wine producer: document types of fruit grown, size of the area for each fruit type, planting dates for each area, harvest dates, and a description of winemaking facilities if winemaking occurs on site (s 2(f)-(g)).
Wine merchant: prepare a description of facilities that will enable substantial contribution to the Queensland wine industry; if growing vines/plants, record types, areas, planting dates and expected year when wine from the plant first becomes available (s 2(h), s 14(a)).
Advertising compliance checklist (s 4)
Agree notice date with the chief executive in writing or obtain confirmation of the chief executive’s decision date to compute the notice date as the day 28 days after the chief executive decides advertising should commence (s 4(5)).
Prepare the newspaper notice to include the type of licence, applicant’s name, premises name, principal business activity, trading hours, that written submissions may be made to the chief executive objecting to the application, the notice date and the submission period (s 4(2)).
Book two newspaper insertions: one within the first 7 days of the submission period and the second between day 14 and day 21 from the start of the submission period (s 4(3)).
Prepare the on-premises sign: minimum 600 mm x 900 mm, bold heading at least 50 mm high, body text at least 15 mm high, weatherproof if outdoors (s 4(4)). Ensure the sign is displayed conspicuously for the entire 28-day submission period (s 4(1)(b)).
Managing objections and petitions (ss 5-9)
Anticipate who may object: adults or bodies with a proper interest likely to be affected, the relevant local government, and the Assistant Commissioner in charge of local police (s 5). Prepare for potential submissions from these sources.
Timing: all submissions must be lodged within the 28-day submission period starting on the notice date (s 7).
Petition preparation: ensure each petition sheet carries an identical heading clearly stating the subject matter; collect signatory particulars of connection with the locality; and identify the sponsor on each sheet (s 9). Keep a primary contact sponsor who can receive notices from the chief executive or tribunal (s 9(2)).
Conferences and formal agreements (s 10)
If the chief executive proposes a conference, be prepared to negotiate a formal agreement: it must be written, signed by interested persons and the chief executive must be satisfied it is lawful for it to be considered (s 10(3)-(6)).
Treat conference communications as protected for Tribunal admissibility unless all parties expressly agree otherwise (s 10(5)). If you want statements recorded for later use, secure party consent.
Record-keeping systems (ss 13-16) and annual returns (s 17)
Implement record systems that capture the exact data elements required:
Producers (s 13): types of fruit, area sizes, planting dates, harvest dates, third-party fruit supplier names/addresses, delivery dates and amounts, bottling dates, and details of wine made off-premises including makers’ names, amounts of fruit sent and volumes returned.
Merchants (s 14): types of plants/trees/vines, area sizes, planting dates, expected year of first availability, third-party fruit supplier details and off-premises production particulars.
Blenders (s 15): maintain a record of each purchase of wine used for blending.
Sales (s 16): maintain buyer name and address, buyer’s licence number where applicable, sale date, type of wine and container type, total quantity and sale price. Also track aggregate categories for prescribed buyers (interstate, export, others).
Annual return: lodge the return on or before 21 July in each year (s 17). Build the return cycle into financial and compliance calendars.
Fees and fee-unit rounding (ss 18, 18AA)
Consult schedule 1 to determine fee categories and fee-unit numbers (s 18).
Apply s 18AA rounding rules when converting fee units to dollar amounts:
If the dollar result is ≤ $100, round to nearest 5 cents.
If > $100 and ≤ $1,000, round to nearest 10 cents.
If > $1,000 and ≤ $5,000, round to nearest dollar.
If > $5,000 and ≤ $100,000, round to nearest multiple of $10.
Use the illustrative example in s 18AA for implementation and check rounding at half-way points (s 18AA example).
Forms and record evidence (s 19)
Seek approval of any bespoke forms from the chief executive where the Act or regulation requires forms to be used. Keep copies of approved forms and confirmations from the chief executive to demonstrate compliance (s 19).
Transitional considerations (s 21)
If an application was advertised under the 1995 regulation and not decided before the commencement of the 2009 regulation, it remains governed by the 1995 rules (s 21). Check which instrument applied to any pending application.
Practical documentation and audit trail
Keep a clear compliance folder containing:
Copies of all plans, title documents and planning approvals submitted (s 2).
Newspaper notice tear sheets and proof of publication with dates (s 4(3)).
Photos and logs confirming the on-premises sign was displayed for the entire submission period and met dimension/typeface requirements (s 4(4)).
Copies of all submissions received and a log of any petitions with sponsor details and signatory particulars (s 6-9).
Minutes or written texts of any formal agreements reached at conferences and evidence that they are written, signed and lawful (s 10(3)-(6)).
Complete records required by ss 13-16 and the annual return submitted by 21 July (s 17).
Fee calculations showing fee-unit conversions and rounding steps (s 18AA).
Final compliance check
Before lodging an application or processing a licence renewal, confirm:
You have written confirmation of the notice date or a record of the chief executive’s decision that sets the start of the submission period (s 4(5)).
Advertising and signage bookings and installations comply with timing and technical rules (s 4).
Record-keeping systems produce the exact fields required for both routine audit and the annual return (ss 13-16, s 17).
All third-party supplier details have been collected and verified to satisfy outsourcing and off-premises production record requirements (ss 13(d), 14(c)).
If in doubt
Because this regulation prescribes process and record detail but omits enforcement language, check the parent Act for sanctions and consult the chief executive’s office for clarifications on notice dates, approved forms and conference procedures (s 19).
Part pt.3Advertising and submissions on licence applications
(a) a copy of the registered plan of survey and the instrument of title for the premises to which the application relates;
(b) a description of each area from which it is proposed to sell or supply wine on the premises;
(c) a plan of the premises drawn to scale showing the layout of the premises;
(d) if a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business;
(e) evidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises;
(f) if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine— (i) the types of fruit grown on the premises for making wine; and (ii) the size of the area in which each type of fruit is grown;
(i) the types of fruit grown on the premises for making wine; and
(ii) the size of the area in which each type of fruit is grown;
(g) if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises;
(h) if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.
(i) the types of fruit grown on the premises for making wine; and
(ii) the size of the area in which each type of fruit is grown;
sec.3 Labelling of sealed container— Act , s 17
sec.3 Labelling of sealed container— Act , s 17
This section does not apply to a sealed container of wine to which a label was applied before 1 September 1995.
A label on a sealed container in which a licensee’s wine is sold or supplied must state—
the area where the fruit used to make the wine was grown; and
the place the wine was made.
(sec.3-ssec.1) This section does not apply to a sealed container of wine to which a label was applied before 1 September 1995.
(sec.3-ssec.2) A label on a sealed container in which a licensee’s wine is sold or supplied must state— the area where the fruit used to make the wine was grown; and the place the wine was made.
(a) the area where the fruit used to make the wine was grown; and
(b) the place the wine was made.
pt.3 Advertising and submissions on licence applications
Advertising and submissions on licence applications
sec.4 Advertisement of applications— Act , s 25 (2)
sec.4 Advertisement of applications— Act , s 25 (2)
For the Act , section 25 (2) , an application must be advertised by—
publishing a notice in a newspaper circulating—
in the area of the State to which the application relates; or
in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and
conspicuously displaying a notice on the premises for the submission period.
The notice must state the following information—
the type of licence being applied for;
the name of the applicant;
the name of the premises;
the principal activity of the business operated on the premises;
the trading hours of the premises;
that written submissions may be made to the chief executive objecting to the granting of the application;
the notice date;
the submission period.
The notice under subsection (1) (a) must be published in the newspaper—
once within the first 7 days of the submission period; and
once between 14 and 21 days from the start of the submission period.
The notice under subsection (1) (b) must be printed on a sign that—
is at least 600mm wide and 900mm high; and
has a heading in a bold style; and
has lettering for the heading at least 50mm high; and
has lettering for the body of the text at least 15mm high; and
if situated outdoors—is constructed of weatherproof material.
In this section—
notice date , for an application, means—
if the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or
otherwise—the day that is 28 days after the chief executive decides that the application should be advertised.
submission period means a period of 28 days starting on the notice date.
(sec.4-ssec.1) For the Act , section 25 (2) , an application must be advertised by— publishing a notice in a newspaper circulating— in the area of the State to which the application relates; or in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and conspicuously displaying a notice on the premises for the submission period.
(sec.4-ssec.2) The notice must state the following information— the type of licence being applied for; the name of the applicant; the name of the premises; the principal activity of the business operated on the premises; the trading hours of the premises; that written submissions may be made to the chief executive objecting to the granting of the application; the notice date; the submission period.
(sec.4-ssec.3) The notice under subsection (1) (a) must be published in the newspaper— once within the first 7 days of the submission period; and once between 14 and 21 days from the start of the submission period.
(sec.4-ssec.4) The notice under subsection (1) (b) must be printed on a sign that— is at least 600mm wide and 900mm high; and has a heading in a bold style; and has lettering for the heading at least 50mm high; and has lettering for the body of the text at least 15mm high; and if situated outdoors—is constructed of weatherproof material.
(sec.4-ssec.5) In this section— notice date , for an application, means— if the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or otherwise—the day that is 28 days after the chief executive decides that the application should be advertised. submission period means a period of 28 days starting on the notice date.
(a) publishing a notice in a newspaper circulating— (i) in the area of the State to which the application relates; or (ii) in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and
(i) in the area of the State to which the application relates; or
(ii) in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and
(b) conspicuously displaying a notice on the premises for the submission period.
(i) in the area of the State to which the application relates; or
(ii) in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and
(a) the type of licence being applied for;
(b) the name of the applicant;
(c) the name of the premises;
(d) the principal activity of the business operated on the premises;
(e) the trading hours of the premises;
(f) that written submissions may be made to the chief executive objecting to the granting of the application;
(g) the notice date;
(h) the submission period.
(a) once within the first 7 days of the submission period; and
(b) once between 14 and 21 days from the start of the submission period.
(a) is at least 600mm wide and 900mm high; and
(b) has a heading in a bold style; and
(c) has lettering for the heading at least 50mm high; and
(d) has lettering for the body of the text at least 15mm high; and
(e) if situated outdoors—is constructed of weatherproof material.
(a) if the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or
(b) otherwise—the day that is 28 days after the chief executive decides that the application should be advertised.
sec.5 Who may make a submission— Act , s 26 (2) (a)
sec.5 Who may make a submission— Act , s 26 (2) (a)
A submission to the chief executive objecting to the granting of an application may be made by—
an adult or body of persons that—
has a proper interest in the area of the State to which the application relates; and
is likely to be affected by the grant of the application; or
the local government for the area of the State to which the application relates; or
the Assistant Commissioner in charge of the police service for the area of the State to which the application relates.
(a) an adult or body of persons that— (i) has a proper interest in the area of the State to which the application relates; and (ii) is likely to be affected by the grant of the application; or
(i) has a proper interest in the area of the State to which the application relates; and
(ii) is likely to be affected by the grant of the application; or
(b) the local government for the area of the State to which the application relates; or
(c) the Assistant Commissioner in charge of the police service for the area of the State to which the application relates.
(i) has a proper interest in the area of the State to which the application relates; and
(ii) is likely to be affected by the grant of the application; or
sec.6 How a submission may be made— Act , s 26 (2) (b)
sec.6 How a submission may be made— Act , s 26 (2) (b)
A submission objecting to the grant of an application may be made individually or by petition.
sec.7 When submission to be made— Act , s 26 (2) (c)
sec.7 When submission to be made— Act , s 26 (2) (c)
A submission objecting to the grant of an application must be made to the chief executive within the submission period.
In this section—
submission period see section 4 (5) .
(sec.7-ssec.1) A submission objecting to the grant of an application must be made to the chief executive within the submission period.
(sec.7-ssec.2) In this section— submission period see section 4 (5) .
sec.8 Grounds on which an objection may be made— Act , s 26 (2) (d)
sec.8 Grounds on which an objection may be made— Act , s 26 (2) (d)
The grounds on which a person may object to the grant of an application are—
undue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or
the amenity, quiet or good order of the locality would be adversely affected in some way.
In this section—
locality means the locality of the premises to which the application relates.
(sec.8-ssec.1) The grounds on which a person may object to the grant of an application are— undue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or the amenity, quiet or good order of the locality would be adversely affected in some way.
(sec.8-ssec.2) In this section— locality means the locality of the premises to which the application relates.
(a) undue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or
(b) the amenity, quiet or good order of the locality would be adversely affected in some way.
sec.9 Requirements of submission by petition
sec.9 Requirements of submission by petition
A submission purporting to be by petition is ineffective, and may be disregarded, unless—
each sheet of the petition has an identical heading clearly stating the subject matter of the petition and positioned to be clearly legible to every person whose signature on the petition is sought; and
each signatory to the petition adds particulars of his or her connection with the area of the State to which the application relates; and
each sheet of the petition states the name of the petition’s sponsor with whom contact between the chief executive and the signatories to the petition is to take place.
A notice given by the chief executive, or the tribunal, to the sponsor of the petition is taken to be given to all signatories to the petition.
s 9 amd 2009 Act No. 24 s 872 (amd 2009 Act No. 48 s 102 )
(sec.9-ssec.1) A submission purporting to be by petition is ineffective, and may be disregarded, unless— each sheet
This is an opening excerpt, not the complete document.