Accountability to representative organisations
38A Accountability to representative organisations
As soon as practicable after the report prepared by the directors under section 9 of the Commonwealth Authorities and Companies Act 1997 on the operations of the Authority for a period has been given to the responsible Minister (within the meaning of that section), the Chair of the Authority must:
provide copies of the report to each representative organisation; and
make arrangements with each of those organisations to attend:
the organisation’s annual conference; or
a meeting of the organisation’s executive;
for the purposes set out in subsection (2).
The purposes mentioned in paragraph (1)(b) are as follows:
to enable the report to be considered;
to enable the Chair to deliver an address in relation to:
the Authority’s activities in the period to which the report relates; and
the Authority’s intended activities in the financial year next following the end of that period;
to enable the Chair to be questioned about those activities.
140 Section 39
Omit “Corporation” (wherever occurring), substitute “Authority”.
141 Section 39ZAA (heading)
Omit “Corporation”, substitute “Authority”.
142 Subsection 39ZAA(1)
Omit “Corporation” (wherever occurring), substitute “Authority”.
143 Section 39ZAC (heading)
Omit “Corporation”, substitute “Authority”.
144 Section 39ZAC
Omit “Corporation” (wherever occurring), substitute “Authority”.
145 Subparagraph 39ZAC(c)(i)
Omit “Corporation’s”, substitute “Authority’s”.
146 Section 39ZA
Omit “Corporation” (wherever occurring), substitute “Authority”.
147 Section 39ZB
Omit “Corporation” (wherever occurring), substitute “Authority”.
148 Section 39ZJ (heading)
Omit “Corporation”, substitute “Authority”.
149 Section 39ZJ
Omit “Corporation” (wherever occurring), substitute “Authority”.
150 Section 39ZK (heading)
Omit “Corporation”, substitute “Authority”.
151 Paragraph 39ZK(a)
Omit “Corporation”, substitute “Authority”.
152 Paragraph 39ZK(b)
Omit “member of the Corporation”, substitute “director of the Authority”.
153 Paragraph 39ZK(c)
Omit “Corporation”, substitute “Authority”.
154 Section 39ZL (heading)
Omit “Corporation”, substitute “Authority”.
155 Paragraphs 39ZL(1)(c), (d) and (e)
Repeal the paragraphs, substitute:
grapes research levy.
156 Subsection 39ZL(2)
Omit “Corporation” (wherever occurring), substitute “Authority”.
157 Paragraph 40K(1)(a)
Omit “Corporation”, substitute “Authority”.
158 Subsection 40Y(2)
Omit “Wine Australia Corporation Act 1980” (wherever occurring), substitute “Australian Grape and Wine Authority Act 2013”.
159 Subsection 40Z(2)
Omit “Chairperson of the Corporation”, substitute “Chair of the Authority”.
160 Section 40ZAC
Omit “Corporation” (wherever occurring), substitute “Authority”.
161 Subsection 40ZAI(2)
Omit “Chairperson of the Corporation”, substitute “Chair of the Authority”.
162 Section 40ZAJ
Omit “Corporation” (wherever occurring), substitute “Authority”.
163 Subsection 40ZAP(2)
Omit “Chairperson of the Corporation”, substitute “Chair of the Authority”.
164 Section 40ZA
Omit “Corporation” (wherever occurring), substitute “Authority”.
165 Paragraph 40ZB(e)
Omit “Corporation”, substitute “Authority”.
166 Section 40ZD
Omit “Corporation” (wherever occurring), substitute “Authority”.
167 Section 41A (heading)
Omit “Corporation etc.”, substitute “Geographical Indications Committee etc.”.
168 Paragraph 41A(1)(a)
Repeal the paragraph.
169 Paragraph 41A(1)(c)
Omit “member of the Corporation”, substitute “director of the Authority”.
170 Subsection 41A(5)
Omit “Corporation”, substitute “Authority”.
171 Subsection 43(1)
Omit “Corporation”, substitute “Authority”.
172 Subsection 43(1)
Omit “common”.
173 Subsections 43(2) and (3)
Omit “Corporation”, substitute “Authority”.
174 Paragraph 44AB(3)(a)
Omit “Corporation”, substitute “Authority”.
175 Section 46
Omit “Corporation” (wherever occurring), substitute “Authority”.
176 Part VIII
Repeal the Part.
177 Paragraph 2(1)(a) of the Schedule
Omit “Chairperson of the Corporation in accordance with a resolution of the Corporation”, substitute “Chair of the Authority in accordance with a resolution of the Authority”.
178 Paragraphs 2(1)(b) and (c) of the Schedule
Omit “Chairperson of the Corporation”, substitute “Chair of the Authority”.
179 Clauses 3, 4 and 6 of the Schedule
Omit “Chairperson of the Corporation” (wherever occurring), substitute “Chair of the Authority”.
180 Clause 7 of the Schedule
Omit “Corporation” (wherever occurring), substitute “Authority”.
181 Subclause 8(1) of the Schedule
Omit “Chairperson of the Corporation”, substitute “Chair of the Authority”.
182 Clauses 9 and 11 of the Schedule
Omit “Corporation” (wherever occurring), substitute “Authority”.
183 Clause 12 of the Schedule (heading)
Omit “Corporation’s”, substitute “Authority’s”.
184 Clause 12 of the Schedule
Omit “Corporation” (wherever occurring), substitute “Authority”.
185 Clause 12 of the Schedule
Omit “section 63H of the Audit Act 1901”, substitute “section 9 of the Commonwealth Authorities and Companies Act 1997”.
Schedule 2—Transitional provisions
Part 1—Introduction
1 Definitions
In this Schedule:
asset means:
any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
any right, power, privilege or immunity, whether actual, contingent or prospective.
assets official, in relation to an asset other than land, means the person or authority who:
under a law of the Commonwealth, a State or a Territory; or
under a trust instrument; or
otherwise;
has responsibility for keeping a register in relation to assets of the kind concerned.
final reporting period means the financial year ending immediately before the transition time.
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
transition time means the commencement of Part 2 of Schedule 1.
Part 2—Establishment of the Australian Grape and Wine Authority etc.
2 Consultants to assist with preparations
Eligible director
For the purposes of this item, a person is an eligible director if the person is appointed as a director of the Australian Grape and Wine Authority before the transition time in accordance with section 4 of the Acts Interpretation Act 1901.
Consultants
The Minister may, on behalf of the Commonwealth, engage eligible directors as consultants to assist with preparations for the establishment of the Australian Grape and Wine Authority.
The Minister may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to assist with preparations for the engagement by the Australian Grape and Wine Authority of a person to be its principal employee (however described).
The Minister must not engage a consultant under subitem (3) unless the Minister does so at the request of the consultants mentioned in subitem (2).
The consultants mentioned in subitems (2) and (3) are to be engaged on the terms and conditions that the Minister determines in writing.
The daily rate of remuneration payable to a consultant engaged under this item must not exceed the maximum daily rate of remuneration payable to a member of the Wine Australia Corporation Selection Committee.
The travel allowances payable to a consultant engaged under this item must not exceed the maximum travel allowances payable to a member of the Wine Australia Corporation Selection Committee.
3 Reimbursement of consultant expenses
After the transition time, the Australian Grape and Wine Authority must pay to the Commonwealth amounts equal to the expenses incurred by the Commonwealth (whether before or after the transition time) in relation to the engagement of consultants under item 2.
4 Wine Australia Corporation to assist with preparations
The functions of the Wine Australia Corporation include the function of assisting with preparations for the establishment of the Australian Grape and Wine Authority.
Despite anything in the Wine Australia Corporation Act 1980, money of the Wine Australia Corporation may be applied in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Wine Australia Corporation in, or in connection with, the performance of the function conferred by subitem (1).
Subsection 3(2) of the Wine Australia Corporation Act 1980 does not apply in relation to the performance of the function conferred by subitem (1).
5 Grape and Wine Research and Development Corporation to assist with preparations
The functions of the Grape and Wine Research and Development Corporation include assisting with preparations for the establishment of the Australian Grape and Wine Authority.
Paragraph 33(1)(b) of the Primary Industries and Energy Research and Development Act 1989 allows the Grape and Wine Research and Development Corporation to spend its money in the performance of its functions.
6 Wine Australia Corporation to pay 50% of the expenses of the Authority Selection Committee
The Wine Australia Corporation must pay 50% of the expenses, charges, obligations and liabilities incurred or undertaken before the transition time by:
the Presiding Member of the Australian Grape and Wine Authority Selection Committee; or
the Australian Grape and Wine Authority Selection Committee;
in or in connection with the performance of the functions, or the exercise of the powers, of the Australian Grape and Wine Authority Selection Committee under the Wine Australia Corporation Act 1980.
Despite anything in the Wine Australia Corporation Act 1980, money of the Wine Australia Corporation may be applied in making payments that the Wine Australia Corporation is required to make under subitem (1).
7 Grape and Wine Research and Development Corporation to pay 50% of the expenses of the Authority Selection Committee
The Grape and Wine Research and Development Corporation must pay 50% of the expenses, charges, obligations and liabilities incurred or undertaken before the transition time by:
the Presiding Member of the Australian Grape and Wine Authority Selection Committee; or
the Australian Grape and Wine Authority Selection Committee;
in or in connection with the performance of the functions, or the exercise of the powers, of the Australian Grape and Wine Authority Selection Committee under the Wine Australia Corporation Act 1980.
Despite anything in the Primary Industries and Energy Research and Development Act 1989, money of the Grape and Wine Research and Development Corporation may be applied in making payments that the Grape and Wine Research and Development Corporation is required to make under subitem (1).
8 Appointment process for the first directors of the Australian Grape and Wine Authority
Scope
This item applies to the appointments of persons as directors (other than the Chair) of the Australian Grape and Wine Authority if the appointments are to be made before the transition time in accordance with section 4 of the Acts Interpretation Act 1901.
Modifications to appointment process—nominations by Authority Selection Committee not required
The Minister may, by writing, determine that subsection 14(4) of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) does not apply to those appointments.
Subsection 14(4) of that Act requires appointments of directors (other than the Chair) to be made from persons nominated by the Australian Grape and Wine Authority Selection Committee.
If the Minister makes a determination under subitem (2), the Minister must, before making such an appointment, consult each representative organisation.
A determination under subitem (2) is not a legislative instrument.
9 Appointments of members of the Australian Grape and Wine Authority Selection Committee
If the Minister makes a determination under subitem 8(2), the Minister is not required to appoint members of the Australian Grape and Wine Authority Selection Committee before the transition time.
10 Number of directors of the Australian Grape and Wine Authority during its first 12 months of operation
Before 1 July 2015, paragraph 13(b) of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) has effect as if:
“at least 5, and not more than 7,” were omitted; and
“7” were substituted.
11 Initial appointments of directors of the Australian Grape and Wine Authority must end before 1 July 2015
Scope
This item applies to the appointment of a person as a director of the Australian Grape and Wine Authority if the period specified in the instrument of appointment begins before 1 July 2015.
Period of appointment
The period specified in the instrument of appointment must end before 1 July 2015.
12 Continuity of initial appointments of directors of the Australian Grape and Wine Authority
Scope
This item applies to the appointment of a person as a director of the Australian Grape and Wine Authority if the period specified in the instrument of appointment begins before 1 July 2015.
Continuity
If the appointment is to be made before the transition time in accordance with section 4 of the Acts Interpretation Act 1901:
the Minister; and
if subsection 14(4) of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) applies to the appointment—the Australian Grape and Wine Authority Selection Committee;
must have regard to the desirability of ensuring that:
the person is a member of the Wine Australia Corporation when the appointment is made; or
the person is a director of the Grape and Wine Research and Development Corporation when the appointment is made.
If the appointment is to be made after the transition time:
the Minister; and
if subsection 14(4) of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) applies to the appointment—the Australian Grape and Wine Authority Selection Committee;
must have regard to the desirability of ensuring that:
the person was a member of the Wine Australia Corporation immediately before the transition time; or
the person was a director of the Grape and Wine Research and Development Corporation immediately before the transition time.
Part 3—Transfer of assets and liabilities
13 Vesting of assets of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation
This item applies to the assets of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation immediately before the transition time.
At the transition time, the assets cease to be assets of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation and become assets of the Australian Grape and Wine Authority without any conveyance, transfer or assignment. The Australian Grape and Wine Authority becomes the successor in law in relation to the assets.
14 Vesting of liabilities of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation
This item applies to the liabilities of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation immediately before the transition time.
At the transition time, the liabilities cease to be liabilities of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation and become liabilities of the Australian Grape and Wine Authority without any conveyance, transfer or assignment. The Australian Grape and Wine Authority becomes the successor in law in relation to the liabilities.
15 Transfers of land may be registered
This item applies if:
any land vests in the Australian Grape and Wine Authority under this Part; and
there is lodged with a land registration official a certificate that:
is signed by the Minister; and
identifies the land, whether by reference to a map or otherwise; and
states that the land has become vested in the Australian Grape and Wine Authority under this Part.
The land registration official may:
register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
deal with, and give effect to, the certificate.
A certificate under paragraph (1)(b) is not a legislative instrument.
16 Certificates relating to vesting of assets other than land
This item applies if:
any asset other than land vests in the Australian Grape and Wine Authority under this Part; and
there is lodged with an assets official a certificate that:
is signed by the Minister; and
identifies the asset; and
states that the asset has become vested in the Australian Grape and Wine Authority under this Part.
The assets official may:
deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and
make such entries in the register as are necessary having regard to the effect of this Part.
A certificate under paragraph (1)(b) is not a legislative instrument.
Part 4—Transfer of other matters
17 Transitional—acts of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation to be attributed to the Australian Grape and Wine Authority
This item applies to anything done by, or in relation to, the Wine Australia Corporation or the Grape and Wine Research and Development Corporation before the transition time.
After the transition time, the thing has effect as if it had been done by, or in relation to, the Australian Grape and Wine Authority.
18 Substitution of the Australian Grape and Wine Authority as a party to certain pending proceedings
This item applies if any proceedings to which the Wine Australia Corporation or the Grape and Wine Research and Development Corporation was a party were pending in any court or tribunal immediately before the transition time.
The Australian Grape and Wine Authority is substituted for the Wine Australia Corporation or the Grape and Wine Research and Development Corporation, from the transition time, as a party to the proceedings.
19 Transitional—transfer of records to the Australian Grape and Wine Authority
This item applies to any records or documents that were in possession of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation immediately before the transition time.
The records and documents are to be transferred to the Australian Grape and Wine Authority after the transition time.
The records and documents are Commonwealth records for the purposes of the Archives Act 1983.
20 Transitional—transfer of Ombudsman investigations
If:
before the transition time, a complaint was made to the Ombudsman, or the Ombudsman began an investigation, under the Ombudsman Act 1976 in relation to an action taken by the Wine Australia Corporation or the Grape and Wine Research and Development Corporation; and
immediately before the transition time, the Ombudsman had not finally disposed of the matter in accordance with the Ombudsman Act 1976;
the Ombudsman Act 1976 applies after the transition time as if that action had been taken by the Australian Grape and Wine Authority.
21 References in certain instruments to the Wine Australia Corporation or the Grape and Wine Research and Development Corporation
If:
an instrument was in force immediately before the transition time; and
a reference is made in the instrument to the Wine Australia Corporation or the Grape and Wine Research and Development Corporation; and
the instrument is an instrument covered by one or more of the following subparagraphs:
an instrument that was made by the Wine Australia Corporation or the Grape and Wine Research and Development Corporation;
an instrument to which the Wine Australia Corporation or the Grape and Wine Research and Development Corporation was a party;
an instrument that was given to, or in favour of, the Wine Australia Corporation or the Grape and Wine Research and Development Corporation;
an instrument under which any right or liability accrues or may accrue to the Wine Australia Corporation or the Grape and Wine Research and Development Corporation;
any other instrument in which a reference is made to the Wine Australia Corporation or the Grape and Wine Research and Development Corporation;
the reference has effect after the transition time as if it were a reference to the Australian Grape and Wine Authority.
In this item:
exempt instrument means:
an Act; or
an instrument made under this Act; or
the Long Service Leave (Commonwealth Employees) Regulations 1957.
instrument:
includes:
a contract, deed, undertaking or agreement; and
a notice, authority, order or instruction; and
an instrument made under an Act or under regulations; but
does not include an exempt instrument.
22 Research and development agreements
If:
an agreement was entered into by the Grape and Wine Research and Development Corporation under section 13 of the Primary Industries and Energy Research and Development Act 1989; and
the agreement was in force immediately before the transition time;
then, after the transition time, the agreement has effect as if it had been entered into by the Australian Grape and Wine Authority under section 10A of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act).
If:
an agreement was entered into by the Grape and Wine Research and Development Corporation under section 14 of the Primary Industries and Energy Research and Development Act 1989; and
the agreement was in force immediately before the transition time;
then, after the transition time, the agreement has effect as if it had been entered into by the Australian Grape and Wine Authority under section 10B of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act).
This item does not limit item 17 or 21.
23 Transfer of appropriated money
For the purposes of the operation of an Appropriation Act after the transition time, references to the Wine Australia Corporation or the Grape and Wine Research and Development Corporation are to be read as references to the Australian Grape and Wine Authority.
In this item:
Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.
Part 5—Reporting obligations
24 Final annual report of the Wine Australia Corporation
The directors of the Australian Grape and Wine Authority must prepare a report in accordance with Schedule 1 to the Commonwealth Authorities and Companies Act 1997 for the Wine Australia Corporation for the final reporting period.
The report must include the material described in section 38 of the Wine Australia Corporation Act 1980 as in force immediately before the transition time.
Schedule 1 to the Commonwealth Authorities and Companies Act 1997, and the Finance Minister’s Orders referred to in that Schedule, apply in relation to the report as if:
references in that Schedule, or those Orders, to the directors were references to the directors of the Australian Grape and Wine Authority; and
references in that Schedule, or those Orders, to an annual report were references to the report; and
references in that Schedule, or those Orders, to a financial year were references to the final reporting period.
The directors of the Australian Grape and Wine Authority must give the report to the Minister by the 15th day of the fourth month after the end of the final reporting period. The Minister may grant an extension of time in special circumstances.
The Minister must table the report in each House of the Parliament as soon as practicable.
The Australian Grape and Wine Authority must publish the report on the Authority’s website as soon as practicable after the report is tabled in the House of Representatives.
25 Final annual report of the Grape and Wine Research and Development Corporation
The directors of the Australian Grape and Wine Authority must prepare a report in accordance with Schedule 1 to the Commonwealth Authorities and Companies Act 1997 for the Grape and Wine Research and Development Corporation for the final reporting period.
The report must include the material described in section 28 of the Primary Industries and Energy Research and Development Act 1989 as in force immediately before the transition time.
Schedule 1 to the Commonwealth Authorities and Companies Act 1997, and the Finance Minister’s Orders referred to in that Schedule, apply in relation to the report as if:
references in that Schedule, or those Orders, to the directors were references to the directors of the Australian Grape and Wine Authority; and
references in that Schedule, or those Orders, to an annual report were references to the report; and
references in that Schedule, or those Orders, to a financial year were references to the final reporting period.
The directors of the Australian Grape and Wine Authority must give the report to the Minister by the 15th day of the fourth month after the end of the final reporting period. The Minister may grant an extension of time in special circumstances.
The Minister must table the report in each House of the Parliament as soon as practicable.
The Australian Grape and Wine Authority must publish the report on the Authority’s website as soon as practicable after the report is tabled in the House of Representatives.
26 Contravention of final annual reporting requirement
If a final annual reporting requirement is contravened, each director of the Australian Grape and Wine Authority who:
caused the contravention; or
failed to take all reasonable steps to comply with the requirement, or secure compliance with the requirement;
contravenes this subitem.
Schedule 2 to the Commonwealth Authorities and Companies Act 1997 applies in relation to a contravention of subitem (1) of this item as if:
subitem (1) of this item were a civil penalty provision specified in clause 1 of that Schedule; and
subparagraphs 3(1)(b)(i) and (ii), clauses 4 and 5, subclause 6(2) and paragraph 11(c) of that Schedule were omitted; and
the reference to “or a compensation order” in subclause 6(1) were omitted.
If a contravention of a final annual reporting requirement consists of an omission from the financial statements, it is a defence if the defendant proves that the information omitted was immaterial and did not affect the giving of a true and fair view of the matters required by the Finance Minister’s Orders to be included in the statements.
In this item:
final annual reporting requirement means subitem 24(1), (2) or (4) or 25(1), (2) or (4) of this Schedule.
Part 6—Employees
27 Terms and conditions of employment
For the purposes of this item, a person is a transferring employee if the person was employed by the Wine Australia Corporation or the Grape and Wine Research and Development Corporation immediately before the transition time.
At the transition time, a transferring employee:
ceases to be an employee of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation; and
becomes an employee of the Australian Grape and Wine Authority.
A transferring employee is taken to have been engaged by the Australian Grape and Wine Authority on the same terms and conditions as those that applied to the transferring employee, immediately before the transition time, as an employee of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation.
This item does not prevent the terms and conditions of a transferring employee’s employment after the transition time from being varied:
in accordance with those terms and conditions; or
by or under a law, award, determination or agreement.
A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation as a result of this item.
In this item:
terms and conditions means terms and conditions that are set out in:
a contract of employment; or
a workplace instrument (within the meaning of the Fair Work Act 2009).
vary, in relation to terms and conditions, includes:
omit any of those terms and conditions; or
add to those terms and conditions; or
substitute new terms or conditions for any of those terms and conditions.
28 Accrued entitlements
This item applies to a person if:
the person was employed by the Wine Australia Corporation or the Grape and Wine Research and Development Corporation immediately before the transition time; and
at the transition time, the person becomes an employee of the Australian Grape and Wine Authority.
The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Australian Grape and Wine Authority, that is equivalent to the entitlement that the person had as an employee of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation immediately before the transition time.
The service of the person as an employee of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation is taken, for all purposes, to have been continuous with his or her service as an employee of the Australian Grape and Wine Authority.
29 Safety, Rehabilitation and Compensation Act 1988—rehabilitation provisions
This item applies if, before the transition time, an employee of the Wine Australia Corporation or the Grape and Wine Research and Development Corporation suffered an injury resulting in an incapacity for work or an impairment.
Sections 36, 37, 38, 39, 41 and 41A of the Safety, Rehabilitation and Compensation Act 1988 apply after the transition time, in relation to the injury, as if the employee were employed by the Australian Grape and Wine Authority.
The main effect of subitem (2) is that sections 36, 37, 38, 39, 41 and 41A of the Safety, Rehabilitation and Compensation Act 1988 apply in relation to the employee’s injury as if the principal officer of the Australian Grape and Wine Authority were the rehabilitation authority.
After the transition time, the Australian Grape and Wine Authority is, for the purposes of section 40 of the Safety, Rehabilitation and Compensation Act 1988, taken to be the relevant employer of the employee.
Part 7—Finance
30 Payments to the Authority
Paragraphs 32(aa) to (ah) of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) apply to:
an amount received by the Commonwealth after the transition time; and
an amount received by the Commonwealth before the transition time, where no payment was made by the Commonwealth in respect of that amount before the transition time to:
the Wine Australia Corporation; or
the Grape and Wine Research and Development Corporation.
31 Payments by the Authority to the Commonwealth
Subsections 33(3) and (4) of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) apply to:
a refund made after the transition time; and
a refund made before the transition time, where the amount so refunded was not recovered by the Commonwealth from the Wine Australia Corporation before the transition time.
Subsections 33(5) and (6) of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) apply to:
a refund made after the transition time; and
a refund made before the transition time, where the amount so refunded was not recovered by the Commonwealth from the Grape and Wine Research and Development Corporation before the transition time.
32 Commonwealth to be paid levy expenses
Section 36 of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) applies to:
an expense incurred after the transition time; and
an expense incurred before the transition time, where the expense was not reimbursed by:
the Wine Australia Corporation; or
the Grape and Wine Research and Development Corporation;
before the transition time.
33 Application of money transferred from Grape and Wine Research and Development Corporation etc.
Protected money and protected investments
For the purposes of this item:
if, at the transition time, money of the Grape and Wine Research and Development Corporation becomes money of the Australian Grape and Wine Authority, the money is protected money; and
if, at the transition time, an investment of the Grape and Wine Research and Development Corporation becomes an investment of the Australian Grape and Wine Authority, the investment is a protected investment.
See item 13 in relation to transfer of assets.
Application of protected money and protected investments etc.
After the transition time, the Australian Grape and Wine Authority may apply:
protected money; or
money that is derived from a protected investment; or
money that represents the proceeds of the realisation of a protected investment; or
money that is attributable, directly or indirectly, to money covered by paragraph (a), (b) or (c);
only for the purposes mentioned in subsection 35(1A) of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act).
Subitem (2) does not prevent:
the investment of surplus money of the Australian Grape and Wine Authority under section 19 of the Commonwealth Authorities and Companies Act 1997; or
the investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Australian Grape and Wine Authority; or
the reinvestment of the proceeds of an investment.
34 Funding of grape or wine research and development activities before first annual operational plan is developed
Until the first annual operational plan is developed by the Australian Grape and Wine Authority, paragraphs 35(1)(ac) and 35(1A)(a) of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) have effect as if the words “included in the broad groupings of grape or wine research and development activities specified in an annual operational plan in force when the relevant payments are made” were omitted.
Part 8—Annual general meetings and accountability
35 Annual general meeting in the first financial year
Section 29X of the Australian Grape and Wine Authority Act 2013 (as amended by Schedule 1 to this Act) does not apply to an annual general meeting convened in the financial year beginning on 1 July 2014.
The purpose of an annual general meeting convened in the financial year beginning on 1 July 2014 is to provide an opportunity for eligible producers:
to consider:
the report for the Wine Australia Corporation for the final reporting period prepared under item 24; and
the report for the Grape and Wine Research and Development Corporation for the final reporting period prepared under item 25; and
to receive an address by the Chair of the Australian Grape and Wine Authority with respect to:
the performance of the Wine Australia Corporation in the final reporting period; and
the performance of the Grape and Wine Research and Development Corporation in the final reporting period; and
the economic outlook for the grape industry and the wine industry, and the intended activities of the Australian Grape and Wine Authority, in the year next following the final reporting period; and
to question the directors of the Australian Grape and Wine Authority concerning any aspect of:
the activities of the Wine Australia Corporation during the final reporting period; and
the activities of the Grape and Wine Research and Development Corporation during the final reporting period; and
the intended activities of the Australian Grape and Wine Authority; and
to debate, and vote upon, any motion relating to a matter within the responsibilities of the Australian Grape and Wine Authority.
36 Initial accountability to representative organisations to relate to the final annual report of the Grape and Wine Research and Development Corporation
As soon as practicable after the report for the Grape and Wine Research and Development Corporation for the final reporting period prepared under item 25 has been given to the Minister, the Chair of the Australian Grape and Wine Authority must:
provide copies of the report to each representative organisation; and
make arrangements with each of those organisations to attend:
the organisation’s annual conference; or
a meeting of the organisation’s executive;
for the purposes set out in subitem (2).
The purposes mentioned in paragraph (1)(b) are as follows:
to enable the report to be considered;
to enable the Chair of the Australian Grape and Wine Authority to deliver an address in relation to:
the activities of the Grape and Wine Research and Development Corporation during the final reporting period; and
the Authority’s intended activities in the financial year next following the final reporting period;
to enable the Chair of the Australian Grape and Wine Authority to be questioned about those activities.
Part 9—Miscellaneous
37 Exemption from stamp duty and other State or Territory taxes
No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
For the purposes of this item, an exempt matter is:
the vesting of an asset or liability under this Schedule; or
the operation of this Schedule in any other respect.
The Minister may certify in writing:
that a specified matter is an exempt matter; or
that a specified thing was connected with a specified exempt matter.
In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate.
38 Constitutional safety net
If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
39 Certificates taken to be authentic
A document that appears to be a certificate made or issued under a particular provision of this Schedule:
is taken to be such a certificate; and
is taken to have been properly given;
unless the contrary is established.
40 Delegation by Minister
The Minister may, by writing, delegate all or any of his or her powers and functions under this Schedule to a person.
The delegate must be:
the Secretary of the Department; or
an SES employee, or acting SES employee, in the Department.
SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.
In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
Subitem (1) does not apply to a power to make, vary or revoke a legislative instrument.
41 Transitional rules
The Minister may, by legislative instrument, make rules in relation to transitional matters arising out of the amendments and repeals made by Schedule 1.
This Act’s bill:Explanatory memorandumSecond reading speech
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