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Wine Australia Corporation Amendment Regulation 2012 (No. 1)1

Select Legislative Instrument 2012 No. 161

I, QUENTIN BRYCE, Governor­General of the Commonwealth

of Australia, acting with the advice of the Federal Executive

Council, make the following regulation under the Wine Australia

Corporation Act 1980.

Dated 12 July 2012

QUENTIN BRYCE

Governor­General

By Her Excellency’s Command

PETER DOUGLAS SIDEBOTTOM

Parliamentary Secretary for Agriculture, Fisheries and Forestry

1204722A­120612Z

Section 1

1 Name of regulation

This regulation is the Wine Australia Corporation Amendment Regulation 2012 (No. 1).

2 Commencement

This regulation commences on the day after it is registered.

3 Amendment ofWine Australia Corporation Regulations 1981

Schedule 1 amends the Wine Australia Corporation Regulations 1981.

Schedule 1 Amendments (section 3)

[1] After regulation 28

insert

28A Modifications of Division 4 of Part VIB of the Act

For subsection 40PA (3) of the Act, the provisions of Division 4 of Part VIB of the Act apply as if they were modified as set out in Schedule 4.

[2] Regulation 45, definition of party, paragraph (b)

substitute

(b) if the objection was made on a ground mentioned in subsection 40RB (1), (3) or (4)of the Act—the owner of the trade mark concerned;

(ba) if the objection was made on a ground mentioned in subsection 40RB (5) of the Act—the person who made the objection;

Wine Australia Corporation Amendment Regulation 2012 (No. 1) 2012, 1612

1

Amendments Schedule 1

[3] After Schedule 3

insert

Schedule 4 Modification of Division 4 of Part VIB of the Act (regulation 28A)

After subsection 40RB (4)

insert

Common use

(5) A person may object to the determination of a proposed GI on the

ground that the proposed GI is used in Australia:

(a) as the common name of a type or style of wine; or

(b) as the name of a variety of grapes.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.

2012, 161 Wine Australia Corporation Amendment Regulation 2012 (No. 1) 3