Wine Industry Act 1994

A wine producer licence authorises the licensee—

to sell the licensee’s wine in sealed containers for consumption off the licensed premises; and

to sell or give the licensee’s wine as a sample for consumption on the licensed premises.

The chief executive may allow the licensee, as a condition of the licence, to sell the licensee’s wine, other than as a sample, for consumption on the licensed premises.

The chief executive may allow the licensee, as a condition of the licence, to sell or give the licensee’s wine on other premises (a satellite cellar door) approved by the chief executive for the sale of the licensee’s wine under authority of the licence—

as a sample for consumption at the satellite cellar door; or

other than as a sample, for consumption at the satellite cellar door; or

for consumption away from the satellite cellar door.

The chief executive may allow the licensee, as a condition of the licence, to sell wine, other than the licensee’s wine—

for consumption on the licensed premises; and

for consumption off the licensed premises but only if the sale is in the amounts, and in the circumstances, prescribed under a regulation.

However, the total amount of wine sold by a licensee under subsection (3A) in a financial year must not be more than the total amount of the licensee’s wine sold by the licensee in the year.

In deciding whether to allow the licensee to sell the licensee’s wine under subsection (2), the chief executive must have regard to the suitability of the premises for the purpose.

In deciding whether to approve premises as a satellite cellar door, the chief executive must have regard to—

the suitability of the premises for the purpose; and

the location of the premises in relation to the main premises; and

the ability of the licensee to control the premises; and

the types of business activities being conducted at the premises; and

the number of satellite cellar doors already approved for the licensee’s licence; and

other matters prescribed by regulation.

If, on a conversion application, the chief executive issues a wine producer licence to the applicant under section 11(5)(b), the chief executive must include the condition mentioned in subsection (3A) on the licence.