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.