Phylloxera and Grape Industry Act 1995

This Act may be cited as the Phylloxera and Grape

Industry Act 1995.

In this Act, unless the contrary intention appears—

Board means the Phylloxera and Grape Industry

Board of South Australia continued under

Part

2;

Chief Inspector means the Chief Inspector appointed under the Plant Health

Act 2009;

cutting means a portion of a grape vine cane that has not been planted in soil or permitted to develop roots;

disease means—

any bacterium, fungus, insect, mite or other arthropod, protozoan, virus or other organism or pathogen; or

any other condition, that may affect vines;

Fund means the Phylloxera and Grape Industry

Fund continued under Part

4;

owner means—

the owner in fee simple; or

in relation to land held under an agreement to purchase from the

Crown—the person entitled to the benefit of the agreement;

or

in relation to land held under a Crown lease or licence—the lessee or licensee;

prescribed region means a region defined by regulation;

Register means the Register maintained under

Part

3;

registered person means a person registered in the Register;

vine means a grape vine, alive or dead, or any vine cutting or part of a vine;

vineyard means a parcel of land in which one or more vines are planted, growing or found.

NoteFor definition of divisional penalties (and divisional expiation fees) see Appendix.

The Phylloxera Board of South Australia continues in existence as the Phylloxera and Grape Industry Board of South

Australia.

The Board is a body corporate with full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.

Where an apparently genuine document purports to bear the common seal of the Board, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to that document.

Subject to subsection (3), the Board consists of—

the Chief Inspector; and

up to eight members appointed by the Minister of whom—

one will be a person nominated by the Minister with expertise in viticultural research; and

up to 7 will be persons nominated by 1 or more organisations or bodies that, in the opinion of the Minister, have significant involvement in grape growing or winemaking.

When nominating members of the Board, each nominating organisation or body referred to in subsection (1)(b)(ii) must ensure that—

written reasons are provided to the Minister in support of each nomination; and

any other requirements notified in writing by the Minister are satisfied.

The Minister must ensure that—

no more than 1 member from each prescribed region is appointed to the Board; and

all members of the Board have proven experience, knowledge and commitment to the improvement of the State's grape growing and wine industries, and their protection from disease.

An appointed member of the Board will hold office for a term of not more than three years and, at the end of that term, will be eligible for reappointment.

A member of the Board is entitled to allowances and expenses determined by the Minister.

The Minister may remove an appointed member of the Board from office—

for misconduct; or

for neglect of duty; or

for incompetence; or

for mental or physical incapacity to carry out satisfactorily the duties of his or her office.

The office of an appointed member becomes vacant if the member—

dies; or

completes a term of office; or

resigns by written notice addressed to the Minister;

or

is removed from office by the Minister under subsection (3).

On the office of an appointed member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.

An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership, or a defect in the appointment of a member.

The members of the Board must, in July each year, elect one of their number to be the presiding member of the Board for a term of one year.

A member is, on the expiration of a term of office as presiding member, eligible for re-election.

If the presiding member ceases to be a member of the Board before the expiration of a term of office, the members of the Board must elect one of their number to be the presiding member for the balance of the term.

Five members of the Board constitute a quorum of the

Board.

Each member present at a meeting of the Board is entitled to one vote on a matter arising for decision at the meeting, but the presiding member has, in the event of an equality of votes, a casting vote as well as a deliberative vote.

A decision carried by a majority of the votes of the members present at a meeting of the Board is a decision of the

Board.

A conference conducted by telephone, video or other electronic means between members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present.

Subject to this Act, the business of the Board may be conducted in the manner determined by the Board.

A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the

Public Sector (Honesty and Accountability)

Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the grape growing industry generally or the wine industry generally, or a substantial section of those engaged in or associated with the grape growing industry or the wine industry.

The Board has the following functions (its primary functions):

to identify and assess—

the relative threat to the State's vineyards posed by phylloxera and other diseases; and

the risk of spreading diseases through the movement of machinery, equipment, vines and other vectors into and within the State;

to develop policies in relation to—

appropriate restrictions on or conditions for the movement of machinery, equipment, vines and other vectors into and within the State to prevent the spread of disease; and

the quarantine of vines that are or may be affected by disease;

and

appropriate measures for the control of outbreaks of disease in the

State;

to develop plans for the eradication of disease in the State's vineyards;

to support and encourage the conduct and evaluation of research into—

disease resistance and tolerance of root stocks and scions;

and

diseases that affect or may affect vines, and any matter relating to such diseases, including their control;

to publish the results of relevant research;

to promote awareness of the dangers of disease among the public and people involved in grape growing or winemaking;

to disseminate information on disease and work practices or industry codes of practice that would minimise the risk of disease, or its spread, to people involved in grape growing or winemaking;

to approve nurseries (whether within or outside the State) that are capable of producing propagative material that is free of specified diseases or industry-based accreditation schemes for such nurseries;

subject to subsection (3), to collect and, on request by an interested person, supply data relating to vineyards and vine health in South

Australia;

to perform the other functions assigned to the Board by or under this Act or by the Minister.

The Board has the additional function of assisting and supporting the grape industry in its initiatives.

The Board must not supply data that relates to or reveals any details relating to a particular person or business unless the person or proprietor of the business consents to the release of the data.

If an outbreak of disease occurs, the Chief Inspector and the presiding member of the Board must—

determine the appropriate action to be taken to control the outbreak; and

provide on-going advice to the Minister in relation to the outbreak and the action being taken to control it.

The Board must establish committees representing each of the prescribed regions (regional committees) to advise the Board in relation to vine health in those regions and any other matter determined by the Board.

A member of the Board may be appointed to a regional committee.

The Board may establish other committees (which may, but need not, consist of or include members of the Board) to advise or assist the

Board.

For the purpose, or in the course, of performing its functions, the

Board may—

accept money or other things provided or given to the Board by an authority or person for the performance of its functions under this

Act;

obtain expert or technical advice on any matter on terms and conditions determined by the Board;

employ staff on terms and conditions approved by the Minister or make use of Public Service facilities or the services of Public Service employees;

enter into a contract or arrangement of any kind;

acquire, hold, deal with and dispose of real or personal property;

exercise any other powers that are necessary or expedient for, or incidental to, the performance of its functions.