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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  20 May 2013
Consolidated as at:  Sessional

PART 4 - Appellation wine

Division 1 - Authority to produce appellation wine

159. Control of wine

A person shall not represent as an appellation wine a wine that is not an appellation wine.

Penalty:

Fine not exceeding 40 penalty units.

160. Definition of appellation wine

A wine is an appellation wine if –

(a) all the juice used to make it was produced from grapes grown in Tasmania; and

(b) the wine was produced by the holder of a wine producers licence; and

(c) the Commissioner –

(i) has examined a sample of the wine and has certified that it complies with the wine standards applicable to that class of wine; or

(ii) has exempted the wine from examination and certification; and

(d) the wine is in a container that has fixed to it a label that has been approved for the wine by the Commissioner.

Division 2 - Wine producers licences

161. Qualifications for a wine producers licence

A person is not qualified to be granted a wine producers licence unless the person is a natural person –

(a) who has attained the age of 18 years; and

(b) who satisfies the Commissioner that the person –

(i) grows grapes in Tasmania; or

(ii) produces wine from grapes grown in Tasmania.

162. Application for wine producers licence

      (1) An application for a wine producers licence –

(a) shall be made on a form approved or provided for the purpose by the Commissioner; and

(b) shall be accompanied by any prescribed application fee.

      (2) The Commissioner may require an applicant for a wine producers licence to supply to the Commissioner such further particulars (including plans and specifications of any relevant premises) as the Commissioner considers necessary for a proper consideration of the application.

163. Consideration of application for wine producers licence

      (1) After considering an application for a wine producers licence the Commissioner shall –

(a) grant the licence; or

(b) refuse to grant the licence.

      (2) If the Commissioner refuses to grant a wine producers licence the Commissioner shall –

(a) notify the applicant accordingly; and

(b) inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.

      (3) The Commissioner shall not grant a wine producers licence unless the Commissioner is satisfied –

(a) that the applicant is qualified to hold the licence; and

(b) that the premises specified in the application are suitable for producing wine or for growing grapes, as the case may be.

      (4) The Commissioner is not required to take any action in respect of an application for a wine producers licence if –

(a) the prescribed application fee has not been paid; or

(b) any further particulars required by the Commissioner in accordance with section 162(2) have not been supplied.

164. Certain matters to be specified in wine producers licence

When the Commissioner grants a wine producers licence the Commissioner shall specify in the licence –

(a) the name of the licensee; and

(b) the premises that may be used to grow grapes or produce wine or both, as the case may be.

165. Duration of wine producers licence

A wine producers licence is valid from the date specified in it until it is terminated in accordance with this Act.

166. Wine producers licence not transferable without approval

      (1) A wine producers licence cannot be transferred to another person without the approval of the Commissioner.

      (2) If an attempt is made to transfer the benefit of a wine producers licence to another person without the Commissioner's approval the licence is suspended with effect from the date of the attempted transfer.

      (3) The suspension of a wine producers licence under subsection (2) ends if and when –

(a) the Commissioner approves the transfer of the licence; or

(b) the licensee informs the Commissioner that the alleged transfer has been rescinded.

167. Application for transfer of a wine producers licence

An application for the transfer of a wine producers licence shall –

(a) be made to the Commissioner on a form approved or provided for the purpose by the Commissioner; and

(b) be accompanied by any prescribed fee; and

(c) be made at least 28 days before the day on which the transfer is to take effect, or such lesser period as the Commissioner may agree.

168. Decision of Commissioner on consideration of application to transfer a wine producers licence

      (1) After considering an application for the transfer of a wine producers licence, the Commissioner shall –

(a) approve the transfer; or

(b) refuse to approve the transfer –

      (2) If the Commissioner refuses to approve the transfer of a wine producers licence the Commissioner shall, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.

169. Surrender of wine producers licence

      (1) A wine producers licence may be surrendered to the Commissioner at any time.

      (2) A surrender may relate to all or part of the premises specified in the licence.

      (3) Where a surrender relates to part of the premises specified in the licence the Commissioner shall amend the licence accordingly.

170. Effect of suspension of wine producers licence

      (1) A wine producers licence that has been suspended in respect of all or any part of the premises specified in it is not authority for the production of appellation wine or the growing of grapes to be used for the production of appellation wine, as the case may be, on the premises or the part of the premises in respect of which the licence has been suspended during the period of suspension.

      (2) The suspension of a wine producers licence does not affect a licensee's obligations to pay licence fees in accordance with this Act.

Division 3 - Assessment and certification of wines

171. Wine standards

      (1) The Commissioner shall, from time to time, formulate and publish a set of wine standards.

      (2) In formulating wine standards the Commissioner shall –

(a) seek guidance both from within and from without the wine growing, wine producing and wine marketing industry; and

(b) formulate a set of standards that specifies the characteristics and qualities that are required in the wine.

      (3) The Commissioner may formulate and publish different wine standards for different classes of wine.

      (4) The holder of a wine producers licence may at any time appeal to the Board against a wine standard formulated and published by the Commissioner.

172. Wine to be assessed

      (1) Subject to subsection (2), the holder of a wine producers licence who wants a wine produced by him or her to become an appellation wine shall submit a sample of the wine to the Commissioner for assessment.

      (2) For the purpose of subsection (1) –

(a) each vintage; and

(b) each blend of varieties; and

(c) each method of fermentation –

      (3) A wine need not be submitted for assessment if the total production of that wine is below such amount as the Commissioner may specify by notice in the Gazette.

173. Qualification for assessment

A person is not qualified to have wine assessed unless that person is the holder of a wine producers licence.

174. Application for assessment

      (1) An application for assessment of a wine –

(a) shall be made on a form provided or approved for the purpose by the Commissioner; and

(b) shall be accompanied by –

(i) any prescribed fee; and

(ii) a sample of at least .75 litre of the wine or such other quantity as agreed with the Commissioner.

      (2) The Commissioner may require an applicant for the assessment of a wine –

(a) to supply the Commissioner with further particulars; or

(b) to provide the Commissioner with a further sample of the wine.

175. Consideration of assessment of wine

      (1) The Commissioner shall assess any wine sent to the Commissioner for assessment to confirm whether or not it complies with the relevant wine standard.

      (2) If the Commissioner is satisfied that a wine complies with the relevant wine standard the Commissioner shall issue a certificate to that effect to the applicant.

      (3) If the Commissioner is not satisfied that a wine complies with the relevant wine standard the Commissioner shall inform the applicant accordingly, and shall, at the same time, inform the applicant of the applicant's right to have the wine reassessed at any time.

      (4) The Commissioner shall not issue a certificate under this section in respect of a wine unless the Commissioner is satisfied that –

(a) the applicant is the holder of a wine producers licence and that the licence has not been suspended or cancelled in respect of the premises where the wine was produced or where the grapes used to produce the wine were grown; and

(b) the juice used to make the wine was produced from grapes grown in Tasmania.

      (5) The Commissioner is not required to take any action in respect of an application for the assessment of a wine if –

(a) any prescribed application fee has not been paid; or

(b) further particulars required by the Commissioner in accordance with section 174(2)(a) have not been supplied; or

(c) a further sample of the wine required by the Commissioner in accordance with section 174 (2)(b) has not been supplied.

176. Reassessment of wine

      (1) The holder of a wine producers licence may have a wine produced by him or her reassessed at any time.

      (2) A reassessment of a wine shall be dealt with in all respects as if it were an original assessment of wine.

      (3) A wine may be reassessed whether or not it was previously certified as complying with the relevant wine standard applicable to the wine.

177. Certificate to contain certain information

A certificate issued by the Commissioner following the assessment of a wine shall specify –

(a) the name of the person producing the wine; and

(b) the place where the wine was produced or the place where the grapes used to produce the wine were grown; and

(c) the year of the vintage; and

(d) any type of grape to be used to identify the wine; and

(e) the class of wine, as referred to in section 171(3); and

(f) the date of the issue of the certificate –

Division 4 - Approved labels

178. Qualifications for approval of label

A person is not qualified to be granted approval of a label to be used in respect of wine unless that person is the holder of a wine producers licence.

179. Application for approval of label

      (1) An application for approval of a label to be used in respect of wine –

(a) shall be made on a form provided or approved for the purpose by the Commissioner; and

(b) shall be accompanied by –

(i) any prescribed fee; and

(ii) 4 copies of the label or a draft of the proposed label.

      (2) The Commissioner may require an applicant for approval of a label –

(a) to supply the Commissioner with further particulars; or

(b) to alter the label to such extent as the Commissioner specifies.

180. Consideration of application for approval of label

      (1) After considering an application for approval of a label the Commissioner shall –

(a) grant approval; or

(b) refuse to grant approval –

      (2) If the Commissioner refuses to grant approval of a label the Commissioner shall when informing the applicant of the refusal inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.

      (3) The Commissioner shall not grant approval of a label unless the Commissioner is satisfied that –

(a) the applicant is the holder of a wine producers licence and that the licence has not been suspended or cancelled in respect of the premises where the grapes used for the wine were grown or where the wine was produced, as the case may be; and

(b) the Commissioner has certified that the wine complies with the wine standards applicable to the wine or, as the case may be, has exempted the wine from examination and certification; and

(c) the label contains true statements or representations and nothing of a false or misleading nature.

      (4) The Commissioner is not required to take any action in respect of an application for approval of a label if –

(a) any prescribed application fee has not been paid; or

(b) any further particulars required by the Commissioner in accordance with section 179(2)(a) have not been supplied.

      (5) If –

(a) the Commissioner requires an alteration to be made to a label before the Commissioner will grant approval to it; and

(b) the applicant informs the Commissioner that the applicant is not prepared to make that alteration –

Division 5 - Restrictions and controls on production of appellation wine

181. Power of Commissioner to suspend licence

      (1) If the Commissioner is satisfied that –

(a) a licensee has failed to comply with an obligation under Division 6 (obligations of licensees); or

(b) the condition of the premises specified in a wine producers licence is such that they are no longer satisfactory for producing wine or for growing grapes –

      (2) If a licensee fails to comply with a direction specified in a notice given in accordance with subsection (1) the Commissioner may, by written notice served on the licensee, suspend the wine producers licence of the licensee in respect of all or any part of the premises specified in the licence.

      (3) If the Commissioner gives notice under subsection (2) suspending a wine producers licence the Commissioner shall at the same time inform the licensee of the licensee's right to appeal to the Board against the suspension of the licence.

      (4) The suspension of a licence under this section takes effect when notice of the suspension is served on the licensee or on such later date as is specified in the notice.

      (5) The Commissioner may revoke a suspension under subsection (2) at any time.

182. Cancellation and suspension of wine producers licence

The Commissioner may apply to the Board for a hearing to cancel or suspend a wine producers licence if –

(a) the licensee is in prison serving a term of imprisonment; or

(b) the licensee has been convicted of an offence either in Tasmania or elsewhere, that makes it not in the public interest that the licensee should continue to hold a wine producers licence; or

(c) the licensee's licence has been suspended under or by virtue of this Part on 3 occasions; or

(d) the licensee is no longer using or intending to use the premises specified in the licence to produce wine or grow grapes, as the case may be; or

(e) the licensee is no longer the owner or occupier of the premises specified in the licence; or

(f) the licensee is no longer the agent of the owner or occupier of the premises specified in the licence; or

(g) the licence was obtained by means of a false or misleading statement or by a failure to disclose relevant facts; or

(h) the premises specified in the licence have been altered without the Commissioner's approval; or

(i) the licensee can no longer exercise personal control over the production of wine or the growing of grapes, as the case may be, on all or any part of the premises specified in the licence.

Division 6 - Obligations of licensees

183. Licensee to keep records

      (1) A licensee shall keep records showing –

(a) in the case of a licensee growing grapes –

(i) the types of grapes grown; and

(ii) the size of the area in which each type of grape is grown; and

(iii) the date each area was planted with grape vines; and

(iv) where the licensee does not produce wine –

(A) the name and address of the person who is to produce wine from the grapes; and

(B) the amount of each type of grape sent to that person; and

(C) the date when the grapes were sent to that person; and

(b) in the case of a licensee producing wine –

(i) the types of grapes used to produce each wine; and

(ii) the quantity of grapes used to produce each wine; and

(iii) the date of harvest; and

(iv) the date when any wine is bottled; and

(v) where the licensee does not grow grapes –

(A) the name and address of each person who grew grapes used to produce wine by the licensee; and

(B) the amount of grapes delivered by each such person; and

(C) the dates when grapes were delivered by each such person.

      (2) A licensee shall keep a record in such form as the Commissioner specifies.

      (3) A licensee shall keep a record –

(a) on the premises specified in the licence; or

(b) on such other premises as the Commissioner approves.

      (4) A licensee shall preserve a record for 5 years after the date referred to in subsection (1)(a)(iii) or (b)(iii), as the case may be.

      (5) A licensee shall –

(a) produce a record to an authorized officer when requested to do so; and

(b) allow an authorized officer to take copies of a record.

184. Licensee to provide abstracts

      (1) A licensee shall provide the Commissioner with abstracts of the licensee's records kept in accordance with section 183 to enable the Commissioner to ensure that only grapes grown in Tasmania are used to produce appellation wine.

      (2) An abstract –

(a) shall be provided at such time; and

(b) shall contain such information; and

(c) shall be provided in such form –

185. Licensee to retain control over growing grapes, &c.

The licensee shall ensure that the production of wine, or the growing of grapes, as the case may be, on the premises specified in the licence is carried out in such a way that the licensee can exercise control over the entire process.

186. Licensee not to alter premises

A licensee shall not alter premises specified in a wine producers licence without the Commissioner's approval.

187. Licensee to cultivate, &c.

A licensee shall ensure that any premises specified in a wine producers licence that are used to grow grapes are properly cultivated for that purpose and that the vines are kept free of pests and diseases.

188. Licensee to keep premises clean, &c.

A licensee shall ensure that the premises specified in a wine producers licence are kept clean, tidy and in good order and that any part of the premises used to produce wine is kept in a hygienic condition and free from contamination.

189. Wine producers licence to be produced on demand

A licensee shall produce the licensee's wine producers licence to an authorized officer when required to do so.

190. True samples to be provided

A licensee shall not provide for the purposes of this Part any sample of wine that is not a fair representation of the whole of that wine.

191. Approved labels to be used only for specified wine

A licensee shall not use in respect of any wine produced by the licensee a label that has been approved in accordance with this Part for use in respect of another wine.

192. Only approved labels to be fixed to appellation wine

A licensee shall not fix to an appellation wine, in addition to the approved label, any other label that has not been approved by the Commissioner.

193. Licensee not to hinder authorized officer

A licensee shall not –

(a) hinder an authorized officer carrying out the officer's duties under this Act; or

(b) fail to comply with any requirement of an authorized officer made in accordance with this Act; or

(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.

Division 7 - Offences

194. False returns – wine production

A person shall not –

(a) with intent to defraud –

(i) keep records or provide an abstract that is false or misleading in any material particular; or

(ii) omit from the person's records or abstract any information that is required to be in the record or abstract by virtue of this Part; or

(b) by an act or omission, wilfully evade the payment of a licence fee, or procure, or attempt to procure, an incorrect determination of a licence fee.

Penalty:

Fine not exceeding 40 penalty units.

195. False application

A person shall not knowingly make a false or misleading statement in an application made for the purpose of this Part.

Penalty:

Fine not exceeding 10 penalty units.

196. Unauthorized person not to advertise, &c.

A person shall not represent himself or herself as being able or prepared to produce appellation wine unless the person is the holder of a wine producers licence.

Penalty:

Fine not exceeding 10 penalty units.

197. Premises not to be represented as producing appellation wine unless authorized

A person shall not represent that premises are or may be used to produce appellation wine unless the premises are specified in a wine producers licence.

Penalty:

Fine not exceeding 10 penalty units.

198. Tasmanian wine

A person shall not represent a wine to be a Tasmanian wine unless all the juice used to make it was produced from produce produced in Tasmania.

Penalty:

Fine not exceeding 10 penalty units.

199. Authorized officer not to be hindered

A person shall not hinder an authorized officer carrying out the officer's duties under this Part.

Penalty:

Fine not exceeding 10 penalty units.

Division 8 - Administration of wine appellation system

200. Authorized officer may enter and inspect premises, &c.

      (1) An authorized officer may, at any time, enter and inspect premises specified in a wine producers licence.

      (2) An authorized officer may, at any time, require a licensee to produce to the officer the records required to be kept by the licensee in accordance with section 183 and to answer questions relating to those records.

      (3) An authorized officer may inspect and take copies or abstracts of any records produced to the officer.

201. Authorized officer may require samples to be provided

An authorized officer may require a licensee to provide the officer with a sample of –

(a) any vines or grapes on any vines growing on the premises specified in the licence; or

(b) any wine produced on the premises specified in the licence.

202. Authorized officer may require information to be given

An authorized officer may require a licensee to supply the officer with such information as may be reasonably necessary to satisfy the officer that obligations imposed by or under this Part are being complied with.

Division 9 - Licence fees – wine producers licence

203. Licence fee

      (1) The prescribed licence fee is payable by the licensee to the Commissioner on the grant of a wine producers licence and subsequently on 1 January in each year.

      (2) The fee payable on the grant of a wine producers licence may be reduced proportionately where the licence is granted other than on 1 January in any year.

204. Commissioner to assess wine producers licence fee

      (1) The Commissioner shall –

(a) assess a licence fee payable by the licensee in accordance with section 203; and

(b) send a notice to the licensee informing the licensee of the amount of the licence fee the licensee is required to pay.

      (2) If the Commissioner is satisfied that an assessment of a licence fee was too high the Commissioner may –

(a) reassess the fee; and

(b) either –

(i) refund any over-payment; or

(ii) remit any subsequent licence fee payable by the licensee to the extent of any over-payment.

205. Penalty for late payment of wine producers licence fee

      (1) If a licensee fails to pay a wine producers licence fee by the prescribed time there is payable by the licensee an additional fee of 10% of the amount due for payment.

      (2) If a licensee fails to pay a wine producers licence fee –

(a) within one month of it becoming payable; or

(b) by any later date the Commissioner may agree –

      (3) The suspension of a licence in accordance with subsection (2) ends when any outstanding licence fee payable by the licensee is paid to the Commissioner.