Supplementary Order Paper No 244

No 244

House of Representatives

Supplementary Order Paper

Tuesday, 15 November 2016

Geographical Indications (Wine and Spirits) Registration Amendment Bill

Proposed amendments

Hon Paul Goldsmith, in Committee, to move the following amendments:

Clause 24A

Replace the heading to clause 24A (page 10, line 21) with New sections 45A and 45B inserted.

In clause 24A, after new section 45A (page 10, after line 34), insert:

45B Interested person may oppose proposed removal

If the Registrar gives notice of the proposed removal of a registered geographical indication under section 45A, an interested person may, in accordance with any prescribed requirements, oppose the proposed removal.

Clause 25

In clause 25(1), new section 46(1), delete “the registrant or” (page 11, lines 8 and 9).

In clause 25(2), new section 46(1B), after “an interested person” (page 11, line 20), insert “(other than the registrant)”.

Clause 25A

In the heading to clause 25A (page 11, line 31), replace and with to.

In clause 25A, after new section 46A (page 12, after line 9), insert:

46AB Interested person may oppose proposed alteration

If the Registrar gives notice of the proposed alteration of a registered geographical indication or the conditions or boundaries relating to a registered geographical indication under section 46A, an interested person may, in accordance with any prescribed requirements, oppose the proposed alteration.

Compare: 2013 No 68 s 87

Explanatory note

This Supplementary Order Paper amends the Geographical Indications (Wine and Spirits) Registration Amendment Bill (86—2) to correct an oversight in the Bill to make provision for an interested person to oppose the proposed removal or alteration of a registered geographical indication.

The Primary Production Committee, in reporting the Bill back to the House, had intended to clarify in the Bill that only interested persons have the ability to oppose the registration, removal, or alteration of a registered geographical indication (see Opposition procedures on page 2 of the Commentary). Currently, the Bill, in new section 36C (inserted by clause 21A) makes provision only for an interested person to oppose an application for registration of a geographical indication that the Registrar has accepted. This Supplementary Order Paper addresses the oversight and clarifies that an interested person may also oppose the proposed removal or alteration of a registered geographical indication.

This Supplementary Order Paper also makes technical amendments, consistent with other provisions in the Bill, to indicate that an interested person may include the registrant, except where indicated otherwise.