Wine Act 2003

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24 Suspension of operations under registered wine standards management plan

(1)

The Director-General may suspend any or all operations under a registered wine standards management plan for a period of up to 3 months if the Director-General has reasonable grounds to believe that—

(a)

the plan may not be or is no longer effective; or

(b)

the wine made under the plan does not meet or no longer meets the requirements imposed by or under this Act; or

(c)

suspension is permitted under section 23A.

(2)

The Director-General may impose conditions and requirements in respect of the implementation and operation of a suspension under this section.

(3)

Where the Director-General suspends all or any operations under a wine standards management plan, he or she must give written notice of that fact to the operator of the plan, specifying—

(a)

the reason for the suspension; and

(b)

the period of the suspension; and

(c)

the date on which or time at which it commences (which may not be earlier than the date or time of notification); and

(d)

the operations to which the suspension applies; and

(e)

any conditions or requirements in relation to the suspension.

(4)

If the Director-General considers it necessary in the circumstances, and after having notified the operator of the proposed extension and the reasons for it, and having given the operator a reasonable opportunity to be heard, the period of suspension may be extended once for such further period not exceeding 3 months as the Director-General notifies to the operator in writing before the expiry of the original suspension.

(4A)

The operator of a registered wine standards management plan may suspend all or any operations under the plan for a minimum of 3 months and a maximum of 12 months.

(4B)

An operator who suspends a plan under subsection (4A) must give the Director-General a notice in writing stating—

(a)

the date on which the suspension starts, which must be a date after the date of the notice; and

(b)

the date on which the suspension ends; and

(c)

which operations are suspended; and

(d)

how the operator intends to deal with any affected product.

(5)

The Director-General must notify the operator’s verifying agency of a suspension under this section.

(6)

The Director-General may notify any suspension under this section in the Gazette.

(7)

A suspension under this section does not affect any other actions that the Director-General may take under this Act.

(8)

Where operations are suspended under this section, the Director-General may direct the operator or person in charge to take action appropriate to deal with any affected wine, and may exercise any of his or her other powers.

(9)

If a person acting under the delegated authority of the Director-General suspends any operations under this section, the operator of the wine standards management plan or of the business concerned may seek a review of the suspension under section 114.

Section 24(1): amended, on 2 March 2018, by section 193(1) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 24(1)(b): amended, on 2 March 2018, by section 193(2) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 24(1)(c): inserted, on 2 March 2018, by section 193(3) of the Food Safety Law Reform Act 2018 (2018 No 3).

Section 24(4A): inserted, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).

Section 24(4B): inserted, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).

Section 24(5): amended, on 2 March 2018, by section 193(4) of the Food Safety Law Reform Act 2018 (2018 No 3).