Revised Explanatory Memorandum
XI. Notes on Schedule 8 - Amending the Wine Australia Corporation Act 1980
89. This Schedule seeks to update the circumstances in which the Wine Australia Corporation (Wine Australia) must provide an annual operational plan to the responsible Minister, and to clarify the term of office of a member of the Geographical Indications Committee in the Wine Australia Corporation Act 1980 (Wine Act).
90. An explanation of the amendments proposed in Schedule 8 is provided in sequential order.
Provision of annual operational plans to the Minister
91. Item 1 amends subsection 31G(1) of the Wine Act to update the circumstances in which Wine Australia must provide the responsible Minister with a copy of Wine Australia's annual operational plan, as prepared in accordance with section 31F of the Wine Act.
92. The item removes the requirement regarding the provision of Wine Australia's first annual operational plan on or before 1 October 1986, as this information is now redundant.
93. Item 1 retains, essentially, the requirement that an annual operational plan must be provided at least 2 months before the start of the period to which that plan relates.
94. The item also permits the responsible Minister, in exceptional circumstances, to set another time by which Wine Australia must provide the annual operational plan (irrespective of whether the period to which the annual operation plan relates has commenced or not).
Term of office for Geographical Indications Committee members
95. Item 2 repeals and replaces clause 5 of the Schedule to the Wine Act to provide that a member of Wine Australia (which includes the Chairperson) holds office for a fixed period, as specified in their instrument of appointment. However, this period must not exceed 3 years.
96. Currently, the Presiding Member of the Geographical Indications Committee has a fixed term of not more than 3 years, while a member appointed by an organisation holds office until that organisation nominates another person in place of that member. That is, an ordinary member has no constraint on their term of office. Item 2 ensures all Wine Australia members would not surpass 3 years in office.
Application
97. Item 3 clarifies that the amendment made by item 2 applies in relation to the appointment of a member made after the commencement of item 2 .