Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 46

  (1)   The Governor - General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:

  (a)   making provision with respect to annual general meetings including, in particular, provisions in respect of:

  (i)   the giving of notice of motions to be moved at such meetings; and

  (ii)   the moving of motions at such meetings by the Authority; and

  (iii)   the procedure at such meetings; and

  (iv)   the appointment by persons entitled to attend such meetings of other persons to be their proxies at such meetings; and

  (iva)   the method of determining the number of votes that an eligible producer (within the meaning of section   29U) may cast at such meetings; and

  (v)   the means of determining whether or not motions voted upon at such meetings have been passed; and

  (vi)   the confidentiality of voting at such meetings; and

  (b)   requiring the doing of acts or things necessary to be done for the purpose of giving effect to a prescribed wine - trading agreement; and

  (c)   prohibiting the export of a grape product from Australia except subject to and in accordance with prescribed conditions, including, in particular:

  (i)   conditions requiring an exporter to be the holder of a licence to export the grape product;

  (ii)   conditions requiring an exporter to obtain the approval of the Authority for particular exports of the grape product;

  (iii)   conditions requiring the purchaser of the grape product, or the person to whom the grape product is consigned as an agent or representative of the purchaser or exporter in the country to which the grape product is consigned, to be a person approved by the Authority; or

  (iv)   conditions relating to the price, or form of consignment, of the grape product; and

  (d)   making provision with respect to:

  (i)   the grant, suspension or cancellation by the Authority, or a person authorized by it, of licences to export a grape product from Australia; and

  (ii)   the issuing or revocation by the Authority, or by a person authorized by it, in respect of particular exports of a grape product, of certificates as to compliance with the conditions subject to which the grape product may be exported; and

  (e)   providing for the period for which a licence, or a licence included in a class of licences, granted under the regulations remains in force; and

  (f)   authorizing the Authority, or a person authorized by it:

  (i)   to determine prices or other matters for the purposes of the regulations; or

  (ii)   to give to the holder of a licence to export a grape product granted under the regulations directions, in writing, with respect to the quantities of the grape product that may be exported by the holder of the licence either generally or otherwise as provided in the regulations; and

  (g)   requiring persons to furnish returns and information necessary for the purposes of this Act; and

  (h)   providing for a penalty of:

  (i)   if the person is a natural person, a fine not exceeding 50 penalty units; or

  (ii)   if the person is a body corporate, a fine not exceeding 250 penalty units;

    for offences against the regulations.