|Print Page||Find Component||Find Legislation||History ON|
Liquor and Accommodation Act 1990 (No. 44 of 1990)
|Requested: 19 May 2013|
|Consolidated as at: Sessional|
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
and shall inform the applicant accordingly.
(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.
the Commissioner shall be taken to have refused to grant approval.
(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