Commonwealth Numbered Regulations - Explanatory Statements

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WINE AUSTRALIA CORPORATION (LABELLING OF GRAPE PRODUCTS) AMENDMENT REGULATION 2013 (SLI NO 205 OF 2013)

EXPLANATORY STATEMENT

 

Issued by Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry

 

Select Legislative Instrument 2013 No. 205

 

Wine Australia Corporation Act 1980

 

Wine Australia Corporation (Labelling of Grape Products) Amendment Regulation 2013

 

Section 46 of the Wine Australia Corporation Act 1980 provides, in part, that the Governor-General may make regulations consistent with the Act to prescribe all matters permitted and required to give effect to the Act, and in particular with respect to requiring the doing of acts or things necessary to be done for the purpose of giving effect to a prescribed wine-trading agreement.

 

Regulation 6B of the Wine Australia Corporation Regulations 1981 (the Principal Regulations) currently prohibits export of a grape product other than wine, brandy or grape spirit with the name of a variety or varieties of grapes. The restriction was introduced to protect the reputation of Australian wines in overseas markets. However product innovation in the ensuing time has resulted in growing consumer demand for products such as flavoured wines, and Australian producers wish to take advantage of this growing market segment. 

 

The purpose of the regulation was to remove this prohibition. Deletion of the paragraph containing the prohibition allows Australian wine makers to export grape products other than wine, brandy or grape spirit, with varietal claims as part of the description and presentation of the wine product. For example, a grape product made from the shiraz grape with strawberry flavouring can currently only be exported as a "strawberry-infused" beverage. The amendments allow this product to be exported as "strawberry-infused shiraz".

 

The Winemakers' Federation of Australia (WFA) requested removal of regulation 6B on behalf of its industry members. WFA stated that industry has successfully introduced innovative products such as flavoured wine products into the Australian market and these products are gaining favour in many potential export markets.  Furthermore they are already legally imported into Australia.

 

There would be consequential renumbering of paragraph 6B(1)(d) to become paragraph 6B(1)(c).

 

Amendment of the relevant paragraph in regulation 6B has no impact on the primary legislation -  the Wine Australia Corporation Act 1980. There are no other portfolio acts which are affected by this amendment to the Principal Regulations.

 

Following the request for the amendment from the WFA, the Department of Agriculture, Fisheries and Forestry consulted closely with it by email and discussions. The Department also consulted with the Office of Best Practice Regulation (OBPR) in the Department of Finance and Deregulation in preparing the instrument, to ensure that the amendments meet treaty requirements and are in line with government policy. The OBPR determined that the amendment was of a minor nature, and that no further analysis was required in the form of a Regulation Impact Statement (OBPR Reference Number 14254).

 

The Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.


 

Attachment

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Wine Australia Corporation (Labelling of Grape Products)

Amendment Regulation 2013

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

This Legislative Instrument amends the Wine Australia Corporation Regulations 1981 (the Regulations) to allow the export of grape products other than wine, brandy or grape spirit which are flavoured.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon. Peter Douglas Sidebottom MP

Parliamentary Secretary for Agriculture, Fisheries and Forestry

 

 

 

 

 

 

 

 

 


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