QueenslandWineIndustryAct1994WineIndustryRegulation1995Reprinted as in force on 1 July 2009Reprint No. 2CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2009 SL No. 170 s 20
Information about this reprintThis
regulation is reprinted as at 1 July 2009. The reprint shows the
law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.SpellingThe spelling of
certain words or phrases may be inconsistent in this reprint or
with otherreprints because of changes made in various
editions of the Macquarie Dictionary (forexample, in the
dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of
spellingwill be updated in the next authorised
reprint.Dates shown on reprintsReprints dated at
last amendmentAllreprintsproducedonorafter1July2002,authorised (that is, hard copy) and
unauthorised (that is, electronic), are dated as at the lastdate
of amendment. Previously reprints were dated as at the date of
publication. If anauthorised reprint is dated earlier than an
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QueenslandWine Industry
Regulation 1995ContentsPart 112Part 235Part 367891011Part
412Part 51314Part 61516171819PagePreliminaryShort title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .3Commencement . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .3Application for licenceParticulars to be included in application
for licence—Act,s 7(1)(b)......................................3Labelling of sealed containers—Act, s
17 . . . . . . . . . . . . . . . . . .4Advertising and submissions on licence
applicationsAdvertisement of applications—Act, s 25. . .
. . . . . . . . . . . . . . . .5Who
may make a submission—Act, s 26(2)(a) . . . . . . . . . . . . .
.6Form
of submission—Act,
s 26(2)(b) . . . . . . . . . . . . . . . . . . . . . .6When submission to be made—Act, s 26(2)(c) . . . . . . . . . . . . . .6Grounds on which an objection may be made—Act, s 26(2)(d) . .6Requirements
of submission
by petition.
. . . . . . . . . . . . . . . . . . .7Decision on applicationConference
of concerned
persons and
decision by
chiefexecutive......................................8Queensland Wine Industry Policy
CouncilFunctions of Policy Council—Act, s 55(2) . .
. . . . . . . . . . . . . . . .9Membership of Policy Council—Act, s 56(2) .
. . . . . . . . . . . . . . .9RecordsRecords to be kept by licensee holding wine producerlicence—Act, s
50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .9Records to be kept by licensee holding
wine merchantlicence—Act, s 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10Records to be kept by licensee who blends wine—Act, s 50 . . . .11Records of sales by licensees—Act, s 50 . . . . . . . . . . . . . . . . . .12Annual return—Act, s 51(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
s13s3WineIndustryRegulation1995Wine Industry Regulation 1995[as
amended by all amendments that commenced on or before 1 July
2009]Part 1Preliminary1Short
titleThis regulation may be cited as theWineIndustryRegulation1995.2CommencementSection 51commences on 1 September 1995.Part
2Application for licence3Particulars to be included in application
for licence—Act,s 7(1)(b)(1)The
following particulars must be included in an applicationfor a
licence—(a)acopyoftheregisteredplanofsurveyandtheinstrumentoftitleforthepremisestowhichtheapplication relates;(b)a
description of each area from which it is proposed tosell
or supply wine on the premises;1Section 5 is about labelling requirements
for a licensee’s wine.
s54s5WineIndustryRegulation1995(c)a plan of the
premises drawn to scale showing the layoutof the
premises;(d)a food licence issued by the relevant
local governmentfor the premises;(e)evidence that conducting the proposed
business on thepremises is permitted under the planning
scheme of therelevant local government for the
premises;(f)if the application is for a wine
producer licence and theapplicantgrows,onthepremises,fruitformakingwine—(i)the types of fruit grown on the
premises for makingwine; and(ii)the
size of the area in which each type of fruit isgrown;(g)if the application is for a wine
producer licence and theapplicant makes wine on the premises—a
description ofthe winemaking facilities on the
premises;(h)iftheapplicationisforawinemerchantlicence—adescriptionofthefacilitiesonthepremisesthatwillenabletheapplicanttocontributetotheQueenslandwine industry in
a substantial way.(2)In this section—foodlicencemeansalicenceissuedbytherelevantlocalgovernmentforthepremisesundertheFoodHygieneRegulation1989,section 7(3).planningschemehasthemeaninggivenbytheIntegratedPlanningAct1997, section
2.1.1.relevantlocalgovernment,forpremises,meansthelocalgovernment for
the area in which the premises are located.5Labelling of sealed containers—Act, s
17Alabelonasealedcontainerin
whichalicensee’swineissold or supplied must
state—
s65s6WineIndustryRegulation1995(a)theareawherethefruitusedtomakethewinewasgrown; and(b)the place the wine was made.Part
3Advertising and submissionson
licence applications6Advertisement of applications—Act, s
25(1)An application made under the Act,
other than an applicationundersection13,21or24oftheAct,2mustbeadvertisedby—(a)publishing a
notice—(i)in the gazette; and(ii)inanewspapercirculatinginthelocalityofthepremises to which the application
relates; and(b)conspicuouslydisplayingacopyofthenoticeonthepremises for 28 days immediately
before the submissiondate.(2)The
notice must be published—(a)in the gazette—as
soon as possible after the applicationis made;
and(b)in the newspaper—(i)once
at least 28 days before the submission date;and(ii)oncebetween14and21daysbeforethesubmission date.2Section 25(3) of the Act provides that
section 25 does not apply to an applicationunder the
following sections of the Act—•section 13 (Application for nominee for new
licence or existing licence)•section 21 (Application for transfer of
licence)•section 24 (Application for interim
licence).
s
76s 10WineIndustryRegulation1995(3)The displayed
copy of the notice must be printed on a sign thedimensions of which (including the
dimensions of the print)are approved by the chief
executive.(4)In this section—submission
datemeans the date, not less than 28 days
afterthe application is made, fixed by the chief
executive as the lastday for filing objections to the
application.7Who may make a submission—Act, s
26(2)(a)A submission to the chief executive
objecting to the grantingof an application may be made
by—(a)an adult or body of persons
that—(i)hasaproperinterestinthelocalitytowhichtheapplication relates; and(ii)islikelytobeaffectedbythegrantoftheapplication; or(b)the
local government for the locality; or(c)theAssistantCommissionerinchargeofthepoliceservice for the
locality.8Form of submission—Act, s
26(2)(b)A submission objecting to the grant of an
application may bemade individually or by petition.9When submission to be made—Act, s
26(2)(c)A submission objecting to the grant of an
application must begiventothechiefexecutiveonorbeforethelastdayformaking submissions stated in the
notice.10Grounds on which an objection may be
made—Act, s26(2)(d)The grounds on
which a person may object to the grant of anapplication
are—
s
117s 11WineIndustryRegulation1995(a)undue offence,
annoyance, disturbance or inconvenienceto people living
in the locality to which the applicationrelates or
travelling to or from an existing or proposedplaceofpublicworship,hospitalorschoolinthelocality; or(b)the
amenity, quiet or good order of the locality would beadversely affected in some way.11Requirements of submission by
petition(1)A submission purporting to be by
petition is ineffective, andmay be
disregarded, unless—(a)eachsheetofthepetitionhasanidenticalheadingclearlystatingthesubjectmatterofthepetitionandpositioned to be clearly legible to
every person whosesignature on the petition is sought;
and(b)each signatory to the petition adds
particulars of his orher connection with the locality to
which the applicationrelates; and(c)eachsheetofthepetitionstatesthenameofthepetition’s sponsor with whom contact
between the chiefexecutiveandthesignatoriestothepetitionistotakeplace.(2)A notice given by the chief executive,
or the registrar of theTribunal, to the sponsor of the
petition is taken to be given toall signatories
to the petition.33Section 33 of
theWineIndustryAct1994applies part 2 of
the Liquor Act which isabout appeals to the Liquor Appeals
Tribunal. Under part 2 of the Liquor Act, theregistrar of the
Tribunal is required to give certain notices to persons who made
asubmission about an application relevant to
a proceeding before the Tribunal.
s
128s 12WineIndustryRegulation1995Part 4Decision on
application12Conference of concerned persons and
decision by chiefexecutive(1)This
section applies if the chief executive—(a)isgivenanapplicationorsubmissionobjectingtothegranting of an
application and is required to decide anissue; and(b)considersitdesirablethataconferenceofallpersonsconcerned be
held.(2)The chief executive may take part in
the conference.(3)If—(a)a
conference is held; and(b)becauseoftheconference,agreementisreachedbetween the
conferring persons; and(c)theagreedtermsareputinwritingandsignedbytheconferring persons; and(d)the chief executive is satisfied a
decision in the agreedterms is lawful;the chief
executive must make a decision consistent with theterms.(4)Indecidingwhethertograntanapplicationifaconferencewas held but no
agreement was reached under subsection (3),or a conference
was not held, the chief executive must haveregard to—(a)submissionsmadeobjectingtothegrantoftheapplication; and(b)the
impact on the amenity of the community concerned.(5)EvidenceofanythingsaidordoneduringaconferenceisinadmissibleinaproceedingbeforetheTribunalunlesstheparties to the conference agree
otherwise.
s
139s 15WineIndustryRegulation1995Part 5Queensland Wine
IndustryPolicy Council13Functions of Policy Council—Act, s
55(2)The functions of the Wine Industry Policy
Council are—(a)toconsultwith,andprovideadviceto,theMinisteraboutissuesofstrategicsignificancetothewineindustry;
and(b)to examine, and make recommendations
to the Ministeron,issuesrelevanttothewineindustry,eitherontheCouncil’s own
initiative or if asked by the Minister; and(c)tofindout,andadvisetheMinisteron,thewineindustry’sviewsabouttheadministrationoftheindustry; and(d)to
provide a forum for discussion of issues relevant tothe
wine industry; and(e)toprovideamechanismfortherecognitionofexcellence in the wine industry.14Membership of Policy Council—Act, s
56(2)(1)The Policy Council consists of the
number of members (notless than 3 nor more than 5) decided
by the Minister.(2)The Minister must appoint the members
on the basis of theircapacity to adequately represent the
strategic interests of thewine industry.Part 6Records15Records to be kept by licensee holding wine
producerlicence—Act, s 50Alicenseewhoholdsawineproducerlicencemustkeeprecords about the
following—
s
1610s 16WineIndustryRegulation1995(a)if the licensee
grows, on the licensed premises, fruit tobe used for
making wine—(i)the types of fruit grown; and(ii)the size of the area in which each
type of fruit isgrown; and(iii)the
day each area is planted with the plants, trees orvines
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 thelicensee on the
licensed premises, to make wine—(i)the
name and address of each person who grew thefruit 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;(d)if the licensee has wine made but the
wine is not madeon the licensed premises—(i)the name and address of the person who
made thewine 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 theperson for the
licensee.16Records to be kept by licensee holding
wine merchantlicence—Act, s 50Alicenseewhoholdsawinemerchantlicencemustkeeprecords about the
following—
s
1711s 17WineIndustryRegulation1995(a)if the licensee
grows, on the licensed premises, plants,treesorvines,thefruitofwhichwilllaterbeusedtomake wine—(i)the types of plants, trees or vines
grown; and(ii)the size of the area in which each
type of plant, treeor 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 fromthe fruit of the type of plant, tree or vine
will firstbecome available;(b)if
the licensee uses fruit, other than fruit grown by thelicensee on the licensed premises, to make
wine—(i)the name and address of each person
who grew thefruit 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 madeon
the licensed premises—(i)the name and
address of the person who made thewine 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 theperson for the
licensee.17Records to be kept by licensee who
blends wine—Act, s50A licensee must keep a record of each
purchase of wine usedfor blending.
s
1812s 18WineIndustryRegulation199518Records of sales
by licensees—Act, s 50(1)The purpose of
this section is to prescribe records about winesales that each
licensee must keep.(2)If the licensee sells wine to the
holder of a licence or permitunder the Liquor
Act, the licensee must keep records aboutthe
following—(a)the name and address of the person to
whom the sale ismade;(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 thewine is sold;(e)the
total quantity of each type of wine;(f)the
sale price for each type of wine included in the sale.(3)Forthesaleofwineotherthanasaleofwineforwhicharecord must be kept under subsection
(2), the licensee mustkeeparecordaboutthefollowingforeachcategoryofprescribed buyer—(a)the
total quantity of each type of wine;(b)the
total quantity of each type of wine sold in each typeof
container;(c)the total value for each type of
wine.(4)In this section—brandymeansawineofthetypedescribedinschedule2,definitionwine,
paragraph (d) of the Act.category of prescribed buyermeans—(a)for
each State, other than Queensland, persons who buywine
for resale under an interstate licence; or(b)persons in Australia who buy wine for
export, as part ofa commercial transaction, from
Australia;(c)personsinothercountriestowhomthelicenseesellsand
exports wine;
s
1913s 19WineIndustryRegulation1995(d)otherpersonswhobuywine,otherthanholdersofalicenceorpermitundertheLiquorActorpersonsdescribed in
paragraphs (a), (b) or (c).cidermeansawineofthetypedescribedinschedule2,definitionwine,
paragraph (b) of the Act.fortified winemeans a wine of
the type described in schedule2,
definitionwine, paragraph (e) of the Act.interstate licencemeans a licence
or permit under a law ofanother State that corresponds to the
Liquor Act.meadmeansawineofthetypedescribedinschedule2,definitionwine,
paragraph (c) of the Act.table winemeans a wine of
the type described in schedule 2,definitionwine, paragraph (a) of the Act.type
of containermeans each of the following—(a)bottles;(b)casks;(c)containers other than bottles or
casks.type of winemeans each of the
following—(a)table wine;(b)cider;(c)mead;(d)brandy;(e)fortified wine.19Annual return—Act, s 51(1)The
prescribed day for a licensee to give the chief executive areturn about the matters included in the
licensee’s records is21 July in each year.
s
2014s 22WineIndustryRegulation1995Part 7Miscellaneous20FeesThe fees payable for the purposes of
the Act are set out in theschedule.21FormsThe chief
executive may approve forms for use under the Actor
this regulation.Part 8Transitional22Wine
labelled before 1 September 1995(1)Thissectionappliesonlytoasealedcontainerofwinetowhich
a label was applied before 1 September 1995.(2)A
licence authorises the licensee to sell the licensee’s wine
ina sealed container even if the label does
not state the mattersmentioned in section 5.
16WineIndustryRegulation1995Endnotes1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.163Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .164Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .175List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .176List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .182Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 1 July 2009.Future amendments
of the Wine Industry Regulation 1995 may be made in
accordancewith this reprint under the Reprints Act
1992, section 49.3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered
17WineIndustryRegulation19954Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1BAmendments tonone1995
SL No. 2522001 SL No. 95Effective31
March 19958 September 199529 June
2001Reprint date26 April
19958 October 199613 July
2001ReprintNo.1C1D1E1F22A2B2CAmendments
included2002 SL No. 2132003 SL No.
1432004 SL No. 1032005 SL No.
135—2006 SL No. 1622007 SL No.
1492009 SL No. 84Effective1
September 20021 July 20031 July
20041 July 20051 July
20051 July 20061 July
20071 July 2009NotesR1F
withdrawn, see R25List of legislationWine
Industry Regulation 1995 SL No. 71made by the
Governor in Council on 30 March 1995notfd gaz 31
March 1995 pp 1462–5s 5 commenced 1 September 1995 (see s
2)remaining provisions commenced on date of
notificationexp 31 August 2009 (see SIA s 56A(2) and SIR
s 5 sch 3)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—Wine
Industry Amendment Regulation (No. 1) 1995 SL No. 252notfd
gaz 8 September 1995 pp 170–2commenced on date
of notificationWine Industry Amendment Regulation (No. 1)
2001 SL No. 95notfd gaz 29 June 2001 pp 822–5commenced on date of notificationWine
Industry Amendment Regulation (No. 1) 2002 SL No. 213notfd
gaz 23 August 2002 pp 1478–81ss 1–2 commenced
on date of notificationremaining provisions commenced 1
September 2002 (see s 2)
18WineIndustryRegulation1995Tourism, Racing and Fair Trading (Fees)
Amendment Regulation (No. 1) 2003 SLNo. 143 ss 1–3
schnotfd gaz 27 June 2003 pp 749–56ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2003 (see s 2)Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No.
1) 2004 SL No. 103notfd gaz 25 June 2004 pp 573–81ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2004 (see s 2)Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No.
1) 2005 SL No. 135notfd gaz 24 June 2005 pp 639–45ss
1–2 commenced on date of notificationremaining
provisions commence 1 July 2005 (see s 2)Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No.
1) 2006 SL No. 162 ss 1–2, 3 schnotfd gaz 30 June
2006 pp 1060–7ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2006
(see s 2)Tourism,FairTradingandWineIndustryDevelopment(Fees)AmendmentRegulation (No.
1) 2007 SL No. 149 ss 1, 2(2), 3 schnotfd gaz 29 June
2007 pp 1157–65ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2007
(see s 2(2))Gambling and Other Legislation Amendment
Regulation (No. 1) 2009 SL No. 84 pts1, 11notfd
gaz 12 June 2009 pp 619–21ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2009
(see s 2)Queensland Civil and Administrative Tribunal
(Jurisdiction Provisions) AmendmentAct 2009 No. 24
ss 1–2, ch 5 pt 79date of assent 26 June 2009ss
1–2 commenced on date of assentremaining
provisions not yet proclaimed into force (see s 2)6List of annotationsParticulars to be included in application for
licence—Act, s 7(1)(b)s 3amd 2001 SL No.
95 s 3; 2004 SL No. 103 s 3 schPercentage of
licence’s wine to be included in blended wine—Act, s 16(3)s
4om 2001 SL No. 95 s 4Labelling of
sealed containers—Act, s 17s 5amd 1995 SL No.
252 s 3; 2001 SL No. 95 s 5