South Australia
Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2003
under the Primary Industry Funding Schemes Act 1998

Contents
1	Short title
3	Interpretation
4	Adelaide Hills Wine Industry Fund
5	Contributions to Fund
6	Application of Fund
6A	Exchange of information
7	Exclusion from benefits of person in default in relation to contributions
8	False or misleading statements
Schedule 1—Map showing Adelaide Hills
Schedule 2—Contributions
1	Interpretation
2	Prescribed rate
Legislative history

1—Short title
These regulations may be cited as the Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2003.
3—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
Act means the Primary Industry Funding Schemes Act 1998;
Adelaide Hills means the area outlined in bold and shown on the map in Schedule 1;
Adelaide Hills grapes means any variety of grapes grown in the Adelaide Hills and used or intended to be used for wine;
Adelaide Hills grapes winemaker means a person who carries on a business of making wine and who processes Adelaide Hills grapes for that purpose;
delivered—see subregulation (3);
Fund—see regulation 4;
prescribed period means—
	(a)	the period commencing on 8 August 2003 and ending on 30 September 2003; or
	(b)	the period commencing on 1 October 2003 and ending on 30 June 2004; or
	(c)	the period of 12 months commencing on 1 July 2004 or on 1 July in any subsequent year up to and including the period of 12 months commencing on 1 July 2011; or
	(d)	the period commencing on 15 November 2012 and ending on 31 May 2013; or
	(e)	the period of 12 months commencing on 1 June 2013 or on 1 June in any subsequent year up to and including the period of 12 months commencing on 1 June 2016;
prescribed rate—see Schedule 2.
	(2)	A person is in default in relation to contributions to the Fund if, within the immediately preceding 2 prescribed periods—
	(a)	all or some of the contributions payable to the Fund by the person have not been paid; or
	(b)	the person has been refunded contributions from the Fund.
	(3)	For the purposes of these regulations—
	(a)	grapes will be taken to be delivered to an Adelaide Hills grapes winemaker by a grower of Adelaide Hills grapes when the winemaker takes possession of the grapes; and
	(b)	if an Adelaide Hills grapes winemaker processes Adelaide Hills grapes grown by the winemaker, grapes will be taken to be delivered to the winemaker when the winemaker places the grapes in a container for the purposes of commencing processing of the grapes (including placing the grapes in a container for fermentation or in preparation for crushing or pressing).
4—Adelaide Hills Wine Industry Fund
	(1)	The Adelaide Hills Wine Industry Fund (the Fund) is established.
	(2)	The Fund will be administered by the Minister.
	(3)	The Fund consists of—
	(a)	contributions paid or collected in accordance with these regulations; and
	(b)	income of the Fund from investment; and
	(c)	any other sums received by the Minister for payment into the Fund.
5—Contributions to Fund
	(1)	The following contributions are payable to the Minister for payment into the Fund for Adelaide Hills grapes delivered to an Adelaide Hills grapes winemaker during a prescribed period:
	(a)	in the case of grapes grown by a person other than an Adelaide Hills grapes winemaker—
	(i)	the grower of the grapes must contribute the prescribed rate; and
	(ii)	the winemaker must contribute the prescribed rate,
for each tonne of grapes delivered during the prescribed period;
	(b)	in the case of grapes grown by an Adelaide Hills grapes winemaker, the winemaker must contribute twice the prescribed rate for each tonne of grapes delivered during the prescribed period.
	(1a)	The contributions are payable on or before the last day of the month that immediately follows the prescribed period.
	(2)	Contributions payable by a grower under subregulation (1)(a)(i) must be paid on behalf of the grower by the Adelaide Hills grapes winemaker who purchases the grapes out of the amount payable by the winemaker to the grower for the grapes.
	(3)	An Adelaide Hills grapes winemaker must—
	(a)	keep proper records relating to the tonnage of Adelaide Hills grapes delivered to the winemaker, the growers of those grapes and the contributions required to be made (on the winemaker's own behalf and on behalf of growers) in respect of those grapes; and
	(b)	make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.
	(4)	An Adelaide Hills grapes winemaker must, on or before the last day of the month that immediately follows a prescribed period—
	(a)	furnish the Minister with a financial statement relating to the contributions (on the winemaker's own behalf and on behalf of growers) for Adelaide Hills grapes delivered during that prescribed period that—
	(i)	is in the form, and contains the information, required by the Minister; and
	(ii)	is, if the person has the necessary equipment, in an electronic form acceptable to the Minister; and
	(b)	forward to the Minister, with the annual financial statement required by paragraph (a), the required contributions (on the winemaker's own behalf and on behalf of growers) for Adelaide Hills grapes delivered during the prescribed period to which the financial statement relates.
	(5)	Refunds of contributions paid in respect of Adelaide Hills grapes delivered during a prescribed period may be claimed by notice in writing to the Minister within the 12 months following that prescribed period as follows:
	(a)	a grower of Adelaide Hills grapes may claim a refund in respect of contributions paid by an Adelaide Hills grapes winemaker on behalf of the grower;
	(b)	an Adelaide Hills grapes winemaker may claim a refund in respect of contributions paid on the winemaker's own behalf.
	(6)	A person claiming a refund under subregulation (5) must supply the Minister with evidence acceptable to the Minister of the contributions made by the claimant in respect of which the claim for refund is made.
	(7)	If the person satisfies the Minister that the person is entitled to a refund, the Minister must refund to the person the amount of the contributions paid by or on behalf of the person, together with interest (at the official cash rate) on that amount for the period commencing on the date of payment of the contributions to the Minister and ending on the date of lodgment of the claim for the refund.
	(8)	In subregulation (7)—
official cash rate means the cash rate fixed by the Reserve Bank of Australia and prevailing on the date of lodgment of the claim for the refund.
6—Application of Fund
The Fund may be applied by the Minister for any of the following purposes:
	(a)	payments to a body that, in the opinion of the Minister, represents both Adelaide Hills grapes winemakers and growers of Adelaide Hills grapes for one or more of the following purposes:
	(i)	the reasonable operating and management expenses of the body;
	(ii)	promoting the Adelaide Hills wine industry;
	(iii)	undertaking or facilitating research and development, or the collection and dissemination to Adelaide Hills grapes winemakers and growers of Adelaide Hills grapes of information, relevant to the Adelaide Hills wine industry and, in particular, to the improvement of practices in the industry;
	(iv)	programs designed to encourage communication and cooperation between Adelaide Hills grapes winemakers and growers of Adelaide Hills grapes;
	(v)	other purposes of the body;
	(b)	payments for other purposes for the benefit of the Adelaide Hills wine industry;
	(c)	payment of the expenses of administering the Fund;
	(d)	repayment of contributions to the Fund under regulation 5.
6A—Exchange of information
The Minister may provide a body to which payments are made out of the Fund under regulation 6(a) with information identifying growers of Adelaide Hills grapes and Adelaide Hills grapes winemakers who have paid or been refunded contributions under these regulations.
7—Exclusion from benefits of person in default in relation to contributions
A person who is in default in relation to contributions to the Fund is not entitled to receive direct benefits or services funded by payments from the Fund.
8—False or misleading statements
A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, for the purposes of these regulations.
Maximum penalty: $5 000.

Schedule 1—Map showing Adelaide Hills

Schedule 2—Contributions
1—Interpretation
In this Schedule—
variation day means the day on which the Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) (Prescribed Rate) Variation Regulations 2008 come into operation.
2—Prescribed rate
The prescribed rate is as follows:
	(a)	for the prescribed period 1 July 2007 to 30 June 2008—
	(i)	for grapes delivered before the variation day—$3.00 per tonne;
	(ii)	for grapes delivered on or after the variation day—$4.50 per tonne;
	(b)	for the prescribed period 1 July 2008 to 30 June 2009—$5.00 per tonne;
	(c)	for the prescribed period 1 July 2009 to 30 June 2010—$5.50 per tonne;
	(d)	for the prescribed period 1 July 2010 to 30 June 2011—$6.00 per tonne;
	(e)	for the prescribed period 1 July 2011 to 30 June 2012—$6.50 per tonne;
	(f)	for the prescribed period 15 November 2012 to 31 May 2013 or any subsequent prescribed period—$6.50 per tonne.

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2003	169	Gazette 7.8.2003 p3210	8.8.2003: r 2 	
2003	171	Gazette 14.8.2003 p3243	14.8.2003: r 2 	
2007	307	Gazette 13.12.2007 p4849	13.12.2007: r 2	
2008	21	Gazette 28.2.2008 p758	28.2.2008: r 2	
2012	226	Gazette 15.11.2012 p5010	Pt 2 (rr 4—7)—15.11.2012: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 2	omitted under Legislation Revision and Publication Act 2002	13.12.2007	
r 3			
r 3(1)			
delivered	inserted by 21/2008 r 4(1)	28.2.2008	
prescribed period	varied by 307/2007 r 4	13.12.2007	
	varied by 226/2012 r 4	15.11.2012	
prescribed rate	inserted by 21/2008 r 4(2)	28.2.2008	
r 3(3)	inserted by 21/2008 r 4(3)	28.2.2008	
r 5			
r 5(1)	varied by 171/2003 r 4(1), (2)	14.8.2003	
	substituted by 21/2008 r 5(1)	28.2.2008	
	varied by 226/2012 r 5(1)	15.11.2012	
r 5(1a)	inserted by 21/2008 r 5(1)	28.2.2008	
r 5(2)	varied by 171/2003 r 4(3)	14.8.2003	
r 5(3)	varied by 21/2008 r 5(2)	28.2.2008	
r 5(4)	varied by 21/2008 r 5(3)—(5)	28.2.2008	
r 5(5)	varied by 21/2008 r 5(6)	28.2.2008	
r 5(7)	varied by 21/2008 r 5(7)	28.2.2008	
	substituted by 226/2012 r 5(2)	15.11.2012	
r 5(8)	inserted by 226/2012 r 5(2)	15.11.2012	
r 6A	inserted by 226/2012 r 6	15.11.2012	
r 9	deleted by 307/2007 r 5	13.12.2007	
Sch 2	inserted by 21/2008 r 6	28.2.2008	
cl 2	varied by 226/2012 r 7	15.11.2012	
Historical versions
14.8.2003		
13.12.2007		
28.2.2008