Wine Act 2003

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22 Registration of significant amendment of wine standards management plan

(1)

The operator of a registered wine standards management plan must amend that plan, and apply for registration of the amendment, where any change, event, or other matter means that the plan—

(a)

is no longer appropriate, or will no longer be appropriate, to the wine, processes, or premises or place covered by the plan; or

(b)

otherwise impacts, or will impact, on the fitness for its intended purpose of the wine concerned or the content of the wine standards management plan.

(2)

The operator must amend the plan, and apply for registration of the amendment, before the event where the operator knows of the change, event, or other matter in advance, and in all other cases must do so without unreasonable delay.

(3)

The operator of a wine standards management plan may at any time apply to the Director-General for registration of an amendment to the plan.

(3A)

An application under this section must be made in writing in a form or manner approved by the Director-General and be accompanied by—

(a)

any information and other material required by the regulations or any supplementary notice; and

(b)

the prescribed fee (if any).

(3B)

The information or material accompanying the application must be provided in a way that complies with any requirements prescribed by the regulations or any supplementary notice.

(3C)

Sections 18(2) and (3), 19, and 20 apply to an application under this section, with any necessary modifications, as if it were an application for registration under section 18.

(4)

As soon as practicable after determining to register an amendment, the Director-General must—

(a)

notify the applicant in writing accordingly; and

(b)

where the amendment relates to future events or matters, specify the date or occasion on which the amendment takes effect or will apply; and

(c)

give the applicant’s verifying agency a copy of the amendment (or, where appropriate, of a redraft of the relevant part of the plan that incorporates the amendment); and

(d)

make an appropriate entry on the register of wine standards management plans.

(5)

If the Director-General proposes to refuse to register an amendment, the Director-General must give the applicant—

(a)

a notice containing such particulars as will clearly inform the applicant of the grounds on which the Director-General proposes to refuse to register the amendment; and

(b)

a reasonable opportunity to make written submissions or be heard in respect of the matter.

(6)

Where the Director-General finally determines to refuse to register an amendment, the Director-General must as soon as practicable notify that fact to the applicant in writing, giving reasons.

(7)

If a person acting under the delegated authority of the Director-General refuses to register an amendment, the applicant may seek a review of that decision under section 114.

(8)

[Repealed]

Section 22 heading: amended, on 2 March 2018, by section 190(1) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 22(3): amended, on 2 March 2018, by section 190(2) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 22(3A): inserted, on 2 March 2018, by section 190(3) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 22(3B): inserted, on 2 March 2018, by section 190(3) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 22(3C): inserted, on 2 March 2018, by section 190(3) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 22(4)(c): amended, on 2 March 2018, by section 190(4) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 22(8): repealed, on 2 March 2018, by section 190(5) of the Food Safety Law Reform Act 2018 (2018 No 3).