Wine Industry Act 1994

This Act may be cited as the Wine Industry Act 1994.

This Act commences on a day to be fixed by proclamation.

The objectives of this Act are—

to enable the efficiency of the Queensland wine industry to be developed further; and

to foster further investment in, and growth of, the Queensland wine industry; and

to help the Queensland wine industry to develop further its tourism potential; and

to establish a system under which the integrity of the Queensland wine industry is ensured; and

to regulate the Queensland wine industry in a way that is compatible with minimising harm arising from the misuse of liquor and the aims of the National Health Policy on Alcohol adopted by the Ministerial Council on Drug Strategy and published by the Commonwealth.

Editor’s note—

The policy is available from the department.

The objectives are to be achieved mainly by licensing, under this Act, persons so that they can sell wine.

A person who is licensed under this Act need not be licensed under the Liquor Act 1992 before the person can lawfully sell wine.

The objectives of the Act are also to be achieved by allowing the Minister to establish the Wine Industry Policy Council as a representative body to advise the Minister.

The dictionary in schedule 2 defines particular words used in this Act.

This Act is based, in part, on the Liquor Act and some relevant issues are common to both Acts.

Example—

principle that alcohol is not to be sold to minors

To ensure consistency with the Liquor Act, some words are defined by reference to the meaning of the word in the Liquor Act.

Example—

The definition acceptable evidence of age refers to a document that is acceptable evidence of age under the Liquor Act.

Also, parts 2 and 7 of the Liquor Act apply in a way stated in sections 33 and 49.

A licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

Before a person may lawfully sell wine, the person must be licensed under this Act or be authorised to sell wine under the Liquor Act.

A person may obtain a wine producer licence to sell wine under this Act if the business the person will conduct under the licence will involve—

selling wine made from fruit grown by the person on the premises to which the licence will relate; or

selling wine made by the person on the premises to which the licence will relate.

A person may obtain a wine merchant licence to sell wine under this Act if the business the person will conduct under the licence is not a business mentioned in subsection (2) but is a business that will otherwise contribute to the Queensland wine industry in a substantial way.

Without limiting subsection (3), a person’s business will contribute, or does contribute, to the Queensland wine industry in a substantial way if the person—

buys fruit grown in the State—

to make wine in the State other than on the person’s licensed premises; or

to have wine made, under the person’s direction, on the premises of another winemaker in the State; or

grows fruit, in the State, that will later be used to make wine but until that time buys fruit to make wine; or

blends, in the State, different wines to create a unique wine.

For subsection (3), the business (the wine merchant business) a person will conduct under a wine merchant licence is not a business mentioned in subsection (2) to the extent a minor part of the wine merchant business will involve selling wine made only from fruit grown, by the person, on the premises to which the person’s wine merchant licence will relate.

A person’s business will not contribute, or does not contribute, to the Queensland wine industry in a substantial way merely because the person—

buys bulk wine from outside the State and bottles it in the State; or

sells only wine made and bottled by other persons.

This part sets out provisions about the following—

applying for a licence and other matters under this part;

decision on an application;

granting a licence;

nominees;

the authority under a licence;

trading hours;

transferring a licence and an interim licence;

advertising;

varying, cancelling, suspending and surrendering a licence;

permits for promoting a winery or region.

An application under this part, other than a conversion application, must—

be in the form approved by the chief executive; and

be made to the chief executive; and

include the particulars prescribed under a regulation; and

be accompanied by the fee prescribed under a regulation.

For including a condition mentioned in section 15(2), (3) or (3A) or 16(2) in a licence—

an applicant for a licence may apply for the condition to be included in the applicant’s licence at any time before the chief executive grants or refuses to grant the licence; and

a licensee may apply for the condition to be included in the licensee’s licence at any time.

The chief executive, by written notice, may ask the applicant to give further information or documents relevant to the application.

This section applies if the holder of a wine merchant licence proposes to conduct a business involving either—

selling wine made from fruit grown by the holder on the holder’s licensed premises; or

selling wine made by the holder on the holder’s licensed premises.

The holder may apply to the chief executive to convert the holder’s licence to a wine producer licence (a conversion application).

The conversion application must—

be in writing; and

include particulars of the business the applicant proposes to conduct.

The chief executive may, by written notice, ask the applicant to give further information or documents relevant to the application.

The following provisions of this part apply to a conversion application as if the application were an application for a wine producer licence.

However, the chief executive is not obliged to consider whether the applicant is a suitable person to hold a wine producer licence.

Subsection (5) is subject to any express statement about conversion applications contained in the provisions.

The chief executive must consider an application for a licence, and the suitability of the applicant to hold a licence, and either grant the licence or refuse to grant the licence.

In considering the suitability of the applicant to hold a licence, the chief executive must have regard to, and may make inquiries about—

the person’s knowledge and understanding of their obligations under this Act; and

the person’s character and standing.

Example—

The chief executive’s inquiries about an applicant’s suitability may include asking the commissioner of the police service for a written report about the applicant’s criminal history.

Subsection (2) does not limit the matters to which the chief executive may have regard in considering an application or the suitability of the applicant.

A wine merchant licence must relate only to 1 premises.

If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about an applicant’s criminal history.

Subsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.

The chief executive may grant a person’s application for a licence only if the chief executive is satisfied—

for a wine producer licence—the business the person will conduct under the licence will involve—

selling wine made from fruit grown by the person on the premises to which the licence will relate; or

selling wine made by the person on the premises to which the licence will relate; and

for a wine merchant licence—the business the person will conduct under the licence is not a business mentioned in paragraph (a) but is a business that will contribute to the Queensland wine industry in a substantial way; and

the person is a suitable person to hold a licence; and

a person who will have authority or influence in the conduct of the business, particularly any proposed nominee, is a suitable person; and

the premises from which the wine is to be sold or to be provided are suitable for the sale or supply of wine.

For subsection (1)(ab), the business (the wine merchant business) the person will conduct under a wine merchant licence is not a business mentioned in subsection (1)(a) to the extent a minor part of the wine merchant business will involve selling wine made only from fruit grown, by the person, on the premises to which the person’s wine merchant licence will relate.

The chief executive may grant a licence on conditions stated in the licence.

A licence must state—

for a wine producer licence—the premises that are to be the main premises under the licence; and

for a wine merchant licence—the premises under the licence.

However, the chief executive must not grant a person’s application for a licence until the business that the person is to conduct under the licence is to include the sale of wine.

If the application is a conversion application and the chief executive decides to grant the application, the chief executive must—

cancel the applicant’s wine merchant licence; and

issue the applicant with a wine producer licence.

For issuing the wine producer licence mentioned in subsection (5)(b)—

the premises under the wine merchant licence are the main premises under the wine producer licence; and

if the wine merchant licence stated that a person was the nominee for the licence, the person is the nominee for the main premises for the wine producer licence and is taken to have been approved under section 14.