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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  19 May 2013
Consolidated as at:  Sessional

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 –