1Short title
This Act may be cited as the Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013.
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Bill homepage (APH)This Act may be cited as the Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 13 December 2013 |
2. Schedule 1, Part 1 | The day after this Act receives the Royal Assent. | 14 December 2013 |
3. Schedule 1, Part 2 | 1 July 2014. | 1 July 2014 |
4. Schedule 2 | The day after this Act receives the Royal Assent. | 14 December 2013 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.
Schedule 1—Amendments
Part 1—Amendments commencing on the day after Royal Assent
Wine Australia Corporation Act 1980
1 Subsection 4(1)
Insert:
Authority means the Australian Grape and Wine Authority.
The Authority will be established on 1 July 2014.
2 Subsection 4(1)
Insert:
Authority Selection Committee means the Australian Grape and Wine Authority Selection Committee.
3 Subsection 4(1)
Insert:
Corporation Selection Committee means the Wine Australia Corporation Selection Committee.
4 Subsection 4(1)
Insert:
representative organisation has the meaning given by section 5BA.
5 Subsection 4(1) (definition of Selection Committee)
Repeal the definition.
6 After section 5B
Insert:
For the purposes of this Act, each of the following organisations is a representative organisation:
a declared winemakers organisation;
a declared wine grape growers organisation;
an organisation that the Minister declares, by legislative instrument, to be a representative organisation for the purposes of this Act.
The Minister must not declare an organisation under paragraph (1)(c) unless the Minister is satisfied that the objects or activities of the organisation relate to either or both of the following:
the grape industry;
the wine industry.
The Minister must ensure that at least one organisation is a representative organisation for the purposes of this Act.
7 Subsection 13(5)
Omit “Selection Committee”, substitute “Corporation Selection Committee”.
8 After subsection 13(5)
Insert:
Subsection (5) does not apply to the reappointment of a member if the member is reappointed for the period:
beginning at the start of 1 May 2014; and
ending at the end of 30 June 2014.
9 Subsection 15(2)
Omit “Selection Committee”, substitute “Corporation Selection Committee”.
10 After Part III
Insert:
• This Part establishes the Australian Grape and Wine Authority Selection Committee.
• The functions of the Committee are:
to select persons to be nominated for appointment as directors of the Authority (other than the Chair); and
to nominate persons so selected to the Minister for appointment as directors of the Authority.
A committee to be known as the Australian Grape and Wine Authority Selection Committee is established.
In this Act, Authority Selection Committee means the Australian Grape and Wine Authority Selection Committee—see section 4.
The functions of the Authority Selection Committee are:
to select persons to be nominated for appointment as directors of the Authority (other than the Chair); and
to nominate persons so selected to the Minister for appointment as directors of the Authority.
The Authority Selection Committee has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.
The Minister may, by written notice given to the Presiding Member of the Authority Selection Committee, request the Authority Selection Committee to give to the Minister, within the period specified in the notice, a specified number of written nominations of persons for appointment as a director or directors of the Authority (other than the Chair).
The Authority Selection Committee must not nominate a person for appointment as a director of the Authority unless the person is eligible for that appointment.
The Authority Selection Committee must not nominate a person for appointment as a director of the Authority if:
the person is a member of the Authority Selection Committee; or
the person has been a member of the Authority Selection Committee at any time during the 12‑month period preceding the nomination.
If the Minister gives a request to the Presiding Member of the Authority Selection Committee under section 27E:
the Authority Selection Committee must, before the end of the period specified in the notice, select persons to be nominated for appointment to the office or offices concerned; and
the Presiding Member of the Authority Selection Committee must, on behalf of the Authority Selection Committee, before the end of that period, give to the Minister the number of nominations specified in the request.
If the Authority Selection Committee proposes to nominate a person for appointment as a director of the Authority, the Presiding Member of the Authority Selection Committee must cause to be prepared and attached to the nomination a statement setting out:
details of the person’s qualifications and experience; and
such other information relating to the person as the Authority Selection Committee thinks will assist the Minister in considering whether to appoint the person.
The Authority Selection Committee may nominate a person for appointment even though:
the Minister has previously rejected a nomination of that person; or
the Authority Selection Committee has previously decided not to nominate the person for appointment.
If the Minister is not satisfied that a person nominated by the Authority Selection Committee for appointment as a director of the Authority should be appointed as such a director, the Minister may:
by written notice given to the Presiding Member of the Authority Selection Committee, reject the nomination; and
include in that notice a further request under section 27E for a specified number of nominations of persons for appointment to the office concerned.
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