Wine Act 2003

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Version as at 30 November 2022

Wine Act 2003

Public Act		2003 No 114
Date of assent		30 October 2003
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Primary Industries.

1	Title
	Part 1 Preliminary provisions
2	Commencement
3	Objects of Act
4	Interpretation
4A	Transitional, savings, and related provisions relating to amending Acts
	Application of Act generally
5	Scope of Act
6	Exemptions from application of Act
	Part 2 Winemaking and export of wine
7	Outline of this Part
	Subpart 1—Wine standards management plans
8	What is a wine standards management plan
9	Who must have a wine standards management plan
10	Winemakers with associated wine products or food business [Repealed]
11	Limited exemption from requirement to have wine standards management plan
12	Certain persons may be required to have wine standards management plan
13	Duties of operators of wine standards management plans
14	Contents of and requirements for wine standards management plans
15	Multi-business wine standards management plans
	Relationship between Food Act regime and wine standards management plans
15A	Persons involved with both food and wine
15B	Application for intermittent use of food control plan as wine standards management plan
15C	Intermittent use of food control plan as wine standards management plan
15D	Regulations may grant or provide for exemptions from this Act or Food Act 2014
	Registration of wine standards management plans
16	Wine standards management plans must be registered
17	Register of wine standards management plans
18	Applications for registration of wine standards management plans
19	Registration of wine standards management plans
20	Refusal to register wine standards management plan
21	Registration may not be transferred
22	Registration of significant amendment of wine standards management plan
23	Notification of minor amendments to wine standards management plans
23A	Director-General may require amendment to improve clarity of registered wine standards management plan
24	Suspension of operations under registered wine standards management plan
25	Deregistration of wine standards management plan
26	Removal of business or part of business from coverage of wider wine standards management plan
27	Surrender of registration
	Miscellaneous matters
28	References to verifying agency
29	Wine standards management plan in conflict with regulations or notices
	Subpart 2—Wine standards
30	Wine standards
31	Application of standards
32	Application to extension products, partial process products, and wine products [Repealed]
33	Regulations may prescribe standards
34	Prerequisites for prescribing standards
35	Director-General may issue specifications supplementary to wine standards [Repealed]
	Subpart 3—Export of wine
36	Object of subpart 3
37	Prerequisites for export
38	Export eligibility requirements
39	Exemption of certain consignments, wine, or persons
40	Duties of exporters
	Market access requirements and official assurances to foreign governments
41	Director-General to notify or make available access requirements for overseas markets
42	Director-General may issue official assurances
43	Form and content of official assurance
44	Obtaining of official assurance
45	Official assurance may be withdrawn, and reissued
46	Persons who may be authorised to issue official assurances
	Registration of exporters
47	Register of exporters
48	Applications for registration as exporter
49	Registration as exporter
50	Refusal to register exporter
51	Registration fee payable
52	Deregistration of exporters
53	Surrender of registration
54	Refusal to register or decision to deregister may be reviewed in certain cases
	Subpart 4—General obligations
54A	Interpretation
	Tracing and recall
54B	Tracing and recall requirements
54C	Regulations relating to tracing and recall
	Verification
54D	Verification
54E	Obligation of persons subject to verification requirements
54F	Regulations relating to verification
	Record keeping and reporting
54G	Record keeping and reporting requirements
54H	Regulations and notices relating to record keeping and reporting
	Part 3 Officers, cost recovery, etc
	Subpart 1—Officers, powers, and persons with specialist functions
	Appointment of officers
55	Wine officers
	Powers of Director-General
56	Director-General may issue notices
57	Director-General may give directions
58	Recall of wine
59	Power to direct disposal, etc, of wine in certain circumstances
60	Statements by Director-General
61	Delegations by Director-General
	Powers of wine officers
61A	Power to issue improvement notice
61B	Review of improvement notice
62	Power of entry
63	Power to examine, etc
64	Power to interrupt operations, etc
65	Issue of search warrant
66	Powers of Police and wine officers under warrant
67	Requirements when executing warrant
68	Disposal of property seized under search warrant
68A	Matters may be continued by different wine officer
68B	Opinion or belief of wine officer
	Recognised agencies, persons, and classes of persons
69	Outline of sections 70 to 82Z
70	Interpretation
	Recognition of agencies, persons, and classes of persons
71	Recognition of agencies
72	Recognition of certain agencies without application
73	Recognition of persons
74	Recognition of certain persons without application
75	Recognition of classes of persons
76	Interrelationship between sections 71 to 75
	Recognition process
77	Application for recognition
78	Director-General may require further information
79	Proposal to refuse application to recognise agency, person, or class of persons
80	Proposal to exclude members, or categories of members, from recognition of class
81	Director-General may impose or vary conditions of recognition
82	Grant of recognition
82A	Scope, effect, and transfer of recognition
82B	Duration of recognition
82C	Renewal of recognition before expiry
82D	Application for renewal of recognition
82E	Substituted notice of recognition
82F	Ongoing recognition fees, charges, or levies
	Performance of specified functions and activities
82G	Duties of recognised agencies
82H	Duties of recognised persons
82I	Recognised agency or person may act in other capacities
82IA	Recognised agency and recognised person accountable to Director-General
	Suspension of recognition
82J	Suspension of recognition of recognised agency, recognised person, or recognised class
82K	Director-General may extend suspension of recognition
82L	Method of suspension of recognition
82M	Suspension does not limit other actions
	Withdrawal of recognition
82N	Withdrawal of recognition of recognised agency or recognised person
82O	Withdrawal of recognition of recognised class
82P	Method of withdrawal of recognition
	Surrender of recognition
82Q	Surrender of recognition
82R	Effective date of surrender of recognition
	Public register of recognised agencies, recognised persons, and recognised classes
82S	Public register of recognised agencies, recognised persons, and recognised classes to be kept
82T	Contents of public register
82U	Inspection of public register
82V	Removal from public register
	Miscellaneous matters relating to recognition
82W	Notification to category or class of persons
82X	Means of consultation
82Y	Director-General may require notification of termination of contracts
82Z	Director-General must consider exemption, waiver, or refund of fees
	Protection of persons acting under Act
83	Protection of persons acting under authority of Act, etc
	Subpart 2—Cost recovery
84	Principles of cost recovery
85	Methods of cost recovery
86	Cost recovery to relate generally to financial year
87	Three-yearly review of cost recovery
88	Fees and charges to be prescribed by regulations
89	Regulations may impose levies
90	Trust accounts required to be kept by persons collecting levies
91	Other charges not requiring to be prescribed
92	Exemptions, waivers, and refunds
93	Fees, levies, and charges to constitute debt due to Director-General
94	Penalties for failure to pay fee, levy, or charge
95	Obligation to pay fee, levy, or charge not suspended by dispute
96	Levy regulations are confirmable instruments [Repealed]
	Part 4 Offences, penalties, and miscellaneous provisions
	Infringement offences
96A	Proceedings for infringement notices
96B	Issue and cancellation of infringement notices
96C	Form of infringement notice
96D	Payment of infringement fees
96E	Regulations about infringement offences
	Offences, penalties, and proceedings
97	Offences involving deception
98	Offences involving endangerment of human health
99	Sale of non-complying wine
100	Offence to export unless registered or in compliance with export eligibility requirements
101	Obstruction of officers, etc
101A	Offences involving automated electronic system
101B	Breach of compliance order
102	Offence of breach of duty
103	Failure to comply with Act, etc
104	Defence for persons charged with breach of duty or failure to comply
105	Evidence in proceedings
106	Presumption as to authority
107	Liability of body corporate
108	Liability of directors and managers of companies
109	Liability of companies and persons for actions of agent or employee
109A	Order to pay amount because of commercial gain
110	Charging documents
	Compliance orders
110A	Compliance orders
110B	Application for compliance order
110C	Notification of application
110D	Right to be heard
110E	Decision on application
110F	Interim compliance orders
110G	Change or cancellation of compliance order
110H	Compliance with compliance order
110I	Appeals to High Court
110J	Appeals to Court of Appeal or Supreme Court
110K	Effect of appeal
110L	Rules of court
	Industry levies
111	Application of Commodity Levies Act 1990 to wine
	Recordkeeping requirements [Repealed]
112	Records and returns [Repealed]
113	Records to be available for inspection, etc [Repealed]
	Use of border information
113A	Border information supplied using JBMS must be supplied in approved form and manner
113B	Duty to use JBMS to supply border information
	Right of review
114	Right of review of certain decisions made under delegated authority
	Consultation, notification, etc
115	Consultation requirements for making of Orders in Council, regulations, and notices
116	Notification of notices under section 120 [Repealed]
117	Service of individual notices, etc
118	Directions, etc, to non-Ministry persons with functions under Act
	Automated electronic systems
118A	Arrangement for system
118B	Effect of use of system
	Regulations, notices, etc
119	Regulations
119A	Scope of regulations
120	Notices
120A	Notification of notices under section 120
120B	Certain secondary legislation or published instruments may be consolidated
121	Incorporation of material by reference into regulations, notices, and orders
121A	Availability and proof of material incorporated by reference
121B	Application of Legislation Act 2012 to incorporating instrument and incorporated material
	Repeals, amendments, savings, and transitional provisions
122	Wine Makers Act 1981 repealed
123	Wine Makers Levy Act 1976 repealed
124	Alcohol Advisory Council Act 1976 amended
125	Food Act 1981 amended
126	Privacy Act 1993 amended
127	Customs and Excise Regulations 1996 amended
128	Wine Makers Regulations 1990 revoked
129	Saving of provisions of Wine Makers Act 1981 and Wine Makers Regulations 1990 as export eligibility requirement regulations, etc
130	Transitional period for wine standards management plans
131	Transitional provisions relating to exports and exporters
132	Transitional provisions relating to fees
	Schedule 1 Transitional, savings, and related provisions relating to amending Acts
	Schedule 1 Form of search warrant [Repealed]
	Schedule 2 Amendments to Alcohol Advisory Council Act 1976
	Wine Amendment Act 2012
	Notes

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