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This is a Bill, not an Act. For current law, see the Acts databases.


WINE INDUSTRY AMENDMENT BILL 2007

         Queensland



Wine Industry Amendment
Bill 2007

 


 

 

Queensland Wine Industry Amendment Bill 2007 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Replacement of s 4 (Definitions--the dictionary) . . . . . . . . . . . . . 4 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 6 (Requirement to be licensed under this Act or Liquor Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 7 (Application for licence and other matters under this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Insertion of new section 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Conversion of wine merchant licence to wine producer licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 11 (Grant of licence) . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of s 12 (Licensee may hold more than 1 licence). . . 6 10 Amendment of s 13 (Application for nominee for new licence or existing licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of s 15 (Authority under wine producer licence). . . . 7 12 Amendment of s 18 (Ordinary trading hours) . . . . . . . . . . . . . . . . 8 13 Amendment of s 25 (Advertisement of applications) . . . . . . . . . . 9 14 Amendment of s 26 (Submissions about an application) . . . . . . . 9 15 Amendment of s 27 (Grounds for variation, suspension or cancellation) ................................. 9 16 Amendment of s 28 (Procedure for variation, suspension or cancellation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Omission of s 31A (Definition for div 10) . . . . . . . . . . . . . . . . . . . 10 18 Amendment of s 32 (Permits to promote particular wineries or regions) ...................................... 10 19 Insertion of new ss 32A and 32B . . . . . . . . . . . . . . . . . . . . . . . . . 11 32A Approval to notify chief executive of event . . . . . . . . . 11

 


 

2 Wine Industry Amendment Bill 2007 32B Notification of event . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Amendment of s 34 (Breach of conditions of licence or permit). . 13 21 Amendment of s 47 (Business names and related matters) . . . . 13 22 Amendment of s 59 (Register open to inspection) . . . . . . . . . . . . 13 23 Insertion of new pt 9, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 13 24 Insertion of new pt 9, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 2 Transitional provision for the Wine Industry Amendment Act 2007 65 Advertising applications . . . . . . . . . . . . . . . . . . . . . . . 14 25 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 14

 


 

2007 A Bill for An Act to amend the Wine Industry Act 1994

 


 

s1 4 s5 Wine Industry Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Wine Industry Amendment Act 3 2007. 4 Clause 2 Commencement 5 This Act commences on a day to be fixed by proclamation. 6 Clause 3 Act amended 7 This Act amends the Wine Industry Act 1994. 8 Clause 4 Replacement of s 4 (Definitions--the dictionary) 9 Section 4-- 10 omit, insert-- 11 `4 Dictionary 12 `The dictionary in schedule 2 defines particular words used in 13 this Act.'. 14 Clause 5 Amendment of s 6 (Requirement to be licensed under this 15 Act or Liquor Act) 16 (1) Section 6(4)(a)(i), after `State'-- 17 insert-- 18 `other than on the person's licensed premises'. 19 (2) Section 6-- 20 insert-- 21 `(4A) For subsection (3), the business (the wine merchant business) 22 a person will conduct under a wine merchant licence is not a 23 business mentioned in subsection (2) to the extent a minor 24 part of the wine merchant business will involve selling wine 25

 


 

s6 5 s7 Wine Industry Amendment Bill 2007 made only from fruit grown, by the person, on the premises to 1 which the person's wine merchant licence will relate.'. 2 Clause 6 Amendment of s 7 (Application for licence and other 3 matters under this part) 4 Section 7(1), `part'-- 5 omit, insert-- 6 `part, other than a conversion application,'. 7 Clause 7 Insertion of new section 8 8 Part 2, division 1A-- 9 insert-- 10 `8 Conversion of wine merchant licence to wine 11 producer licence 12 `(1) This section applies if the holder of a wine merchant licence 13 proposes to conduct a business involving either-- 14 (a) selling wine made from fruit grown by the holder on the 15 holder's licensed premises; or 16 (b) selling wine made by the holder on the holder's licensed 17 premises. 18 `(2) The holder may apply to the chief executive to convert the 19 holder's licence to a wine producer licence (a conversion 20 application). 21 `(3) The conversion application must-- 22 (a) be in writing; and 23 (b) include particulars of the business the applicant 24 proposes to conduct. 25 `(4) The chief executive may, by written notice, ask the applicant 26 to give further information or documents relevant to the 27 application. 28 `(5) The following provisions of this part apply to a conversion 29 application as if the application were an application for a wine 30 producer licence. 31

 


 

s8 6 s9 Wine Industry Amendment Bill 2007 `(6) However, the chief executive is not obliged to consider 1 whether the applicant is a suitable person to hold a wine 2 producer licence. 3 `(7) Subsection (5) is subject to any express statement about 4 conversion applications contained in the provisions.'. 5 Clause 8 Amendment of s 11 (Grant of licence) 6 (1) Section 11-- 7 insert-- 8 `(1A) For subsection (1)(ab), the business (the wine merchant 9 business) the person will conduct under a wine merchant 10 licence is not a business mentioned in subsection (1)(a) to the 11 extent a minor part of the wine merchant business will involve 12 selling wine made only from fruit grown, by the person, on 13 the premises to which the person's wine merchant licence will 14 relate.'. 15 (2) Section 11-- 16 insert-- 17 `(5) If the application is a conversion application and the chief 18 executive decides to grant the application, the chief executive 19 must-- 20 (a) cancel the applicant's wine merchant licence; and 21 (b) issue the applicant with a wine producer licence. 22 `(6) For issuing the wine producer licence mentioned in subsection 23 (5)(b)-- 24 (a) the premises under the wine merchant licence are the 25 main premises under the wine producer licence; and 26 (b) if the wine merchant licence stated that a person was the 27 nominee for the licence, the person is the nominee for 28 the main premises for the wine producer licence and is 29 taken to have been approved under section 14.'. 30 Clause 9 Amendment of s 12 (Licensee may hold more than 1 31 licence) 32 (1) Section 12, footnote-- 33

 


 

s 10 7 s 11 Wine Industry Amendment Bill 2007 omit. 1 (2) Section 12-- 2 insert-- 3 `Note-- 4 Under section 13, if an applicant for a licence is already a licensee, the 5 applicant must apply for another adult to be the nominee for the new 6 licence.'. 7 Clause 10 Amendment of s 13 (Application for nominee for new 8 licence or existing licence) 9 (1) Section 13(2)(b)-- 10 omit, insert-- 11 `(b) the application seeks an approval under section 15(3) to 12 sell wine at a satellite cellar door.'. 13 (2) Section 13(7)(a), `on other premises'-- 14 omit, insert-- 15 `at a satellite cellar door'. 16 (3) Section 13(9), `to other premises'-- 17 omit, insert-- 18 `to a satellite cellar door'. 19 (4) Section 13(9), `the other premises'-- 20 omit, insert-- 21 `the satellite cellar door'. 22 Clause 11 Amendment of s 15 (Authority under wine producer 23 licence) 24 (1) Section 15(3), after `on other premises'-- 25 insert-- 26 `(a satellite cellar door)'. 27 (2) Section 15(3)(a) and (b), `on the premises'-- 28 omit, insert-- 29

 


 

s 12 8 s 12 Wine Industry Amendment Bill 2007 `at the satellite cellar door'. 1 (3) Section 15(3)(c), `off the premises'-- 2 omit, insert-- 3 `away from the satellite cellar door'. 4 (4) Section 15(4)-- 5 omit, insert-- 6 `(4) In deciding whether to allow the licensee to sell the licensee's 7 wine under subsection (2), the chief executive must have 8 regard to the suitability of the premises for the purpose. 9 `(5) In deciding whether to approve premises as a satellite cellar 10 door, the chief executive must have regard to-- 11 (a) the suitability of the premises for the purpose; and 12 (b) the location of the premises in relation to the main 13 premises; and 14 (c) the ability of the licensee to control the premises; and 15 (d) the types of business activities being conducted at the 16 premises; and 17 (e) the number of satellite cellar doors already approved for 18 the licensee's licence; and 19 (f) other matters prescribed by regulation. 20 `(6) If, on a conversion application, the chief executive issues a 21 wine producer licence to the applicant under section 11(5)(b), 22 the chief executive must include the condition mentioned in 23 subsection (3A) on the licence.'. 24 Clause 12 Amendment of s 18 (Ordinary trading hours) 25 (1) Section 18(1) and (2)-- 26 omit, insert-- 27 `(1) A licence authorises the licensee to sell wine on the licensed 28 premises for the licence-- 29 (a) between 8a.m. and midnight on any day other than 30 Christmas Day, Good Friday and Anzac Day; and 31 (b) between 1p.m. and midnight on Anzac Day.'. 32

 


 

s 13 9 s 15 Wine Industry Amendment Bill 2007 (2) Section 18(3)-- 1 renumber as section 18(2). 2 Clause 13 Amendment of s 25 (Advertisement of applications) 3 Section 25(1) and (2)-- 4 omit, insert-- 5 `(1) The chief executive must decide whether an applicant should 6 be required to advertise an application made under this Act 7 having regard to-- 8 (a) whether members of the public, in the area of the State 9 to which the application relates, are likely to be affected 10 by, or concerned about, the grant of the application; and 11 (b) whether the application is required to be advertised as 12 part of another process, for example, an application for 13 planning approval; and 14 (c) any other matters prescribed under a regulation. 15 `(2) If the chief executive decides the application should be 16 advertised, the application must be advertised in the way 17 prescribed under a regulation.'. 18 Clause 14 Amendment of s 26 (Submissions about an application) 19 Section 26(1)-- 20 omit, insert-- 21 `(1) Written submissions may be made to the chief executive 22 objecting to the granting of an application required to be 23 advertised under section 25.'. 24 Clause 15 Amendment of s 27 (Grounds for variation, suspension or 25 cancellation) 26 (1) Section 27(1)(e), footnote-- 27 omit. 28 (2) Section 27(1)-- 29 insert-- 30

 


 

s 16 10 s 18 Wine Industry Amendment Bill 2007 `Note-- 1 Apart from this division, a licence is suspended, and may be cancelled, 2 under section 54 because fees are not paid when payable.'. 3 (3) Section 27-- 4 insert-- 5 `(3) If the holder of a wine producer licence ceases to conduct the 6 business of selling wine because of a natural disaster, 7 subsection (1)(e) does not apply for 12 months after the 8 cessation. 9 Example of a natural disaster-- 10 crop destruction because of fire, hail, flood, drought, insect infestation 11 or disease 12 `(4) The chief executive may extend the period under subsection 13 (3) by not more than 12 months if the chief executive is 14 satisfied there are special circumstances for the wine producer 15 not having wine available to sell including, for example, 16 adverse weather conditions for growing the fruit from which 17 the wine is to be made.'. 18 Clause 16 Amendment of s 28 (Procedure for variation, suspension 19 or cancellation) 20 Section 28(2), `ground exists to cancel the licence'-- 21 omit, insert-- 22 `ground exists to vary, suspend or cancel the licence'. 23 Clause 17 Omission of s 31A (Definition for div 10) 24 Section 31A-- 25 omit. 26 Clause 18 Amendment of s 32 (Permits to promote particular 27 wineries or regions) 28 (1) Section 32(2)(b)-- 29 omit, insert-- 30

 


 

s 19 11 s 19 Wine Industry Amendment Bill 2007 `(b) reasonably considers it is more important for wine to be 1 sold under a permit instead of a licence because the 2 purpose of the permit is to sell the licensee's wine-- 3 (i) at a single event; or 4 (ii) at more than 1 event if the events are of the same 5 type and held at the same place.'. 6 (2) Section 32(3)-- 7 omit, insert-- 8 `(3) A permit authorises the licensee stated in the permit-- 9 (a) to sell the licensee's wine in sealed containers, at the 10 permit place stated in the permit, for consumption away 11 from the permit place; and 12 (b) to sell or give the licensee's wine as a sample for 13 consumption at the permit place.'. 14 (3) Section 32(5), after `permit'-- 15 insert-- 16 `other than a permit mentioned in subsection (2)(b)(ii)'. 17 (4) Section 32(8)-- 18 omit, insert-- 19 `(8) A permit granted to a group of licensees authorises the 20 licensees stated in the permit-- 21 (a) to sell the licensees' wine in sealed containers, at the 22 permit place stated in the permit, for consumption away 23 from the permit place; and 24 (b) to sell or give the licensees' wine as a sample for 25 consumption at the permit place.'. 26 Clause 19 Insertion of new ss 32A and 32B 27 Part 2, division 10-- 28 insert-- 29 `32A Approval to notify chief executive of event 30 `(1) This section applies to a licensee who, on more than 1 31 occasion-- 32

 


 

s 19 12 s 19 Wine Industry Amendment Bill 2007 (a) has been granted a permit under section 32; and 1 (b) has complied with the conditions of the permit. 2 `(2) The licensee may apply to the chief executive for approval to 3 merely notify the chief executive if-- 4 (a) the licensee again proposes to sell the licensee's wine, or 5 give the wine as a sample, at an event for which a permit 6 could be granted under section 32; and 7 (b) the event is a private event. 8 `(3) The chief executive may grant the approval only if the chief 9 executive is satisfied of the matters mentioned in subsection 10 (1). 11 `(4) An approval-- 12 (a) applies only to a private event; and 13 (b) authorises the licensee stated in the approval-- 14 (i) to sell the licensee's wine in sealed containers, at 15 the place stated in the notification for the event, for 16 consumption away from the place; and 17 (ii) to sell or give the licensee's wine as a sample for 18 consumption at the place; and 19 (c) is subject to the conditions stated in the approval. 20 `32B Notification of event 21 `(1) A notification given under an approval must-- 22 (a) state the time, date and place of the private event; and 23 (b) be given to the chief executive at least 7 days before the 24 event. 25 `(2) A licensee granted an approval under section 32A is not 26 required to hold a permit under section 32 for an event for 27 which the licensee has given the chief executive a notification 28 under subsection (1). 29 `(3) For part 3 and section 49(3)(b) and (c) of this Act-- 30 (a) a notification under subsection (1), for a private event, is 31 taken to be a permit for the event; and 32

 


 

s 20 13 s 23 Wine Industry Amendment Bill 2007 (b) the place stated in the notification for the event is taken 1 to be the permit place stated in the permit.'. 2 Clause 20 Amendment of s 34 (Breach of conditions of licence or 3 permit) 4 Section 34(3), penalty-- 5 omit, insert-- 6 `Maximum penalty--40 penalty units.'. 7 Clause 21 Amendment of s 47 (Business names and related 8 matters) 9 Section 47-- 10 insert-- 11 `(4) However, subsection (2)(c) does not apply to the holder of a 12 wine merchant licence who operates a sales outlet on the 13 holder's licensed premises.'. 14 Clause 22 Amendment of s 59 (Register open to inspection) 15 (1) Section 59, footnote-- 16 omit. 17 (2) Section 59-- 18 insert-- 19 `Editor's note-- 20 The department's office in Brisbane is located at Mineral House, 41 21 George Street, Brisbane.'. 22 Clause 23 Insertion of new pt 9, div 1 hdg 23 Part 9, before section 63-- 24 insert-- 25 `Division 1 Transitional provisions for the Wine 26 Industry Amendment Act 2001'. 27

 


 

s 24 14 s 25 Wine Industry Amendment Bill 2007 Clause 24 Insertion of new pt 9, div 2 1 Part 9, after section 64-- 2 insert-- 3 `Division 2 Transitional provision for the Wine 4 Industry Amendment Act 2007 5 `65 Advertising applications 6 `Section 25, as in force immediately before the 7 commencement of this section, continues to apply to an 8 application under this Act, made but not decided before the 9 commencement.'. 10 Clause 25 Amendment of sch 2 (Dictionary) 11 (1) Schedule 2, definition licensee's wine-- 12 omit. 13 (2) Schedule 2-- 14 insert-- 15 `conversion application see section 8(2). 16 licensee's wine-- 17 (a) for the holder of a wine producer licence, means wine at 18 least 85% of which is-- 19 (i) made from fruit grown by the licensee on the 20 licensee's licensed premises; or 21 (ii) made by the licensee on the licensee's licensed 22 premises; and 23 (b) for the holder of a wine merchant licence, means wine 24 made only from fruit grown by the licensee on the 25 licensee's licensed premises. 26 private event means an event, held at premises other than 27 licensed premises, if-- 28 (a) the event is not publicly advertised or is not open to the 29 public or to casual attendance; or 30

 


 

s 25 15 s 25 Wine Industry Amendment Bill 2007 (b) attendance at the event is restricted by personal 1 invitation by the event's host; or 2 (c) admission to the event does not involve paying a fee for 3 admission or for entertainment or services provided at 4 the event. 5 Examples of a private event-- 6 a 21st birthday party, a boardroom lunch, a company cocktail 7 party, a wedding, a wine tasting or promotion for a winery 8 satellite cellar door, for a wine producer licence, see section 9 15(3).'. 10 (3) Schedule 2, definition fruit-- 11 insert-- 12 `(aa) concentrated fruit juice used to make wine; and'. 13 (4) Schedule 2, definition fruit, paragraphs (aa) and (b)-- 14 renumber as paragraphs (b) and (c). 15 (5) Schedule 2, definition licensed premises, paragraph (a)-- 16 omit, insert-- 17 `(a) for a wine producer licence--the main premises and any 18 satellite cellar door for the licence; or'. 19 (6) Schedule 2, definition wine, examples, footnote-- 20 omit. 21 State of Queensland 2007

 


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