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Content WindowAgriculture, Fisheries and Forestry Legislation Amendment Bill (No. 1) 2012
1 Subsection 4(1) (definition of direct sale )
Repeal the definition.
2 Subsection 39F(1) (note 2)
Repeal the note, substitute:
Note 2: See section 39G (which deals with when certain details are not required to be kept) and section 39H (which deals with details required under section 39F).
3 Subsection 39F(3)
Omit “(except as provided by subsection 39G(2))”.
4 Subsections 39G(2) and (3)
Repeal the subsections, substitute:
Suppliers and receivers, and their agents, not required to keep certain records
(a) a person:
(i) supplies or receives wine goods that are packaged in a container for the purpose of sale of the wine goods to a consumer; or
(ii) is an agent who, on behalf of a person covered by subparagraph (i), takes possession of wine goods that are packaged in a container for the purpose of sale of the wine goods to a consumer; and
(b) before the wine goods are sold to a consumer, the person has not taken any steps to change or affect any label claims made about the wine goods;
the person is not required to keep a record showing details required under paragraphs 39F(1)(e) to (l) in relation to that supply, receipt or taking possession of the wine goods.
5 Paragraph 39J(1)(c)
Omit “39G or”.
(1) The amendments made by this Schedule apply in relation to a supply, receipt or taking possession of wine goods that occurs on or after the commencement of this Schedule.
(a) apart from this item, a person would have been required by section 39F of the old Act to keep a record showing details required under paragraph 39F(1)(e), (f), (g), (h), (i), (j), (k) or (l) of the old Act in relation to wine goods; and
(b) the person would not be required to keep such a record in relation to the wine goods on or after the commencement of this Schedule;
then, despite Division 2 of Part VIA of the old Act, the person is taken not to have been required to keep the record.
(3) If, apart from this item, a person was required by subsection 39G(2) of the old Act to keep a record in relation to wine goods then, despite Division 2 of Part VIA of the old Act, the person is taken not to have been required to keep the record.
(4) In this item:
old Act means the Wine Australia Corporation Act 1980 as in force immediately before the commencement of this Schedule.