Schedule 1 — Label integrity program

Wine Australia Corporation Act 1980

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

             (2)  If:

                     (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”.

6  Application

(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.

(2)       If:

                     (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.