Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013 (135 of 2013)
Schedule 1 Amendments
Part 2 Amendments commencing on 1 July 2014
Wine Australia Corporation Act 1980
47 Sections 6 and 7
Repeal the sections, substitute:
Division 1 - Establishment, functions and powers of the Authority
6 Australian Grape and Wine Authority
The Australian Grape and Wine Authority is established by this section.
Note: In this Act, Authority means the Australian Grape and Wine Authority - see section 4.
7 Functions of the Authority
The Authority has the following functions:
(a) to investigate and evaluate the requirements for grape or wine research and development;
(b) to coordinate or fund the carrying out of grape or wine research and development activities;
(c) to:
(i) monitor; and
(ii) evaluate; and
(iii) report to the Parliament, the Minister and the representative organisations on;
grape or wine research and development activities that are coordinated or funded, wholly or partly, by the Authority;
(d) to:
(i) assess; and
(ii) report to the Parliament, the Minister and the representative organisations on;
the impact, on the grape industry or wine industry, of grape or wine research and development activities that are coordinated or funded, wholly or partly, by the Authority;
(e) to facilitate the dissemination, adoption and commercialisation of the results of grape or wine research and development;
(f) to control the export of grape products from Australia;
(g) to promote the consumption and sale of grape products, both in Australia and overseas;
(h) such other functions as are conferred on the Authority by:
(i) this Act; or
(ii) the regulations; or
(iii) any other law;
(i) to do anything incidental to, or conducive to, the performance of any of the above functions.
7A Constitutional limits
The Authority may perform its functions only:
(a) for purposes relating to trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2 Territories; or
(b) for purposes related to external affairs, including any of the following:
(i) enabling Australia to fulfil its obligations under prescribed wine-trading agreements;
(ii) enabling Australia to fulfil its obligations under other international agreements to which Australia is a party;
(iii) addressing matters of international concern;
(iv) by way of the performance of its functions in a place outside Australia; or
(c) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or
(d) for purposes relating to the collection of statistics; or
(e) by way of the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or
(f) by way of the making of a grant of financial assistance to a State or Territory; or
(g) for purposes relating to a Territory; or
(h) with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or
(i) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or
(j) for purposes relating to the executive power of the Commonwealth; or
(k) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.