South Australia
Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2001
under the Primary Industry Funding Schemes Act 1998

Contents
1	Short title
2	Commencement
3	Interpretation
4	Riverland Wine Industry Fund
5	Contributions to Fund
6	Application of Fund
7	Exclusion from benefits of person in default in relation to contributions
8	False or misleading statements
9	Expiry of regulations
Legislative history

1—Short title
These regulations may be cited as the Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2001.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
Act means the Primary Industry Funding Schemes Act 1998;
Fund—see regulation 4;
Riverland means—
	(a)	the areas (from time to time) of the following councils:
	(i)	The Berri Barmera Council;
	(ii)	District Council of Loxton Waikerie;
	(iii)	District Council of Renmark Paringa;
	(iv)	Mid Murray Council (excluding the Hundred of Jellicoe);
	(v)	Rural City of Murray Bridge (excluding the Hundred of Brinkley);
	(b)	the Hundred of Katarapko;
	(c)	the County of Young;
	(d)	the County of Hamley;
Riverland grapes means any variety of grapes grown in the Riverland and used or intended to be used for wine;
Riverland grapes winemaker means a person who carries on a business of making wine and who processes Riverland grapes for that purpose.
	(2)	A person is in default in relation to contributions to the Fund if, within the immediately preceding two financial years—
	(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.
4—Riverland Wine Industry Fund
	(1)	The Riverland 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 within 30 days after the end of each financial year to the Minister for payment into the Fund for each tonne of Riverland grapes processed by a Riverland grapes winemaker during that financial year:
	(a)	in the case of grapes grown by a person other than the winemaker—
	(i)	$1.00 is payable by the grower of the grapes; and
	(ii)	35 cents is payable by the winemaker; and
	(b)	in the case of grapes grown by the winemaker—$1.35 is payable by the winemaker.
	(2)	Contributions payable by a grower under subregulation (1)(a)(i) must be paid on behalf of the grower by the Riverland grapes winemaker who purchases the grapes out of the amount payable by the winemaker to the grower for the grapes.
	(3)	A Riverland grapes winemaker must—
	(a)	keep proper records relating to the growers and tonnage of Riverland grapes processed by the winemaker 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)	A Riverland grapes winemaker must—
	(a)	within 30 days after the end of each financial year, furnish the Minister with a financial statement relating to the contributions (on the winemaker's own behalf and on behalf of growers) for Riverland grapes processed during that financial year 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 Riverland grapes processed during the financial year to which the financial statement relates.
	(5)	Refunds of contributions paid in respect of Riverland grapes processed during a financial year may be claimed by notice in writing to the Minister within the 12 months following that financial year as follows:
	(a)	a grower of Riverland grapes may claim a refund in respect of contributions paid by a Riverland grapes winemaker on behalf of the grower; and
	(b)	a Riverland 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—
	(a)	evidence acceptable to the Minister of the contributions made by the claimant in respect of which the claim for refund is made; and
	(b)	verification of that evidence in the form of a statutory declaration.
	(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 the person in respect of grapes processed during the relevant financial year.
6—Application of Fund
The Fund may be applied by the Minister for any of the following purposes:
	(a)	payments (not exceeding 49% of contributions to the Fund) to a body that, in the opinion of the Minister, represents growers of Riverland grapes for one or more of the following purposes:
	(i)	the reasonable operating and management expenses of the body;
	(ii)	fees for affiliation of the body with regional, State or national wine industry bodies;
	(iii)	representation of growers of Riverland grapes in regional, State or national wine industry forums;
	(iv)	the provision of industry information to growers of Riverland grapes;
	(v)	other purposes of the body;
	(b)	payments to a body that, in the opinion of the Minister, represents both Riverland grapes winemakers and growers of Riverland grapes for one or more of the following purposes:
	(i)	the reasonable operating and management expenses of the body;
	(ii)	promoting the Riverland wine industry, including through wine shows, wine festivals or other wine industry forums or through tourism;
	(iii)	undertaking or facilitating research and development, or the collection and dissemination to Riverland grapes winemakers and growers of Riverland grapes of information, relevant to the Riverland wine industry;
	(iv)	participation of the body in regional, State or national wine industry forums;
	(v)	programs designed to encourage communication and cooperation between Riverland grapes winemakers and growers of Riverland grapes;
	(vi)	other purposes of the body;
	(c)	payments for other purposes for the benefit of the Riverland wine industry;
	(d)	payment of the expenses of administering the Fund;
	(e)	repayment of contributions to the Fund under regulation 5.
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.
9—Expiry of regulations
These regulations will expire on 31 March 2008.

Legislative history
Notes
	•	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.
Expiry of regulations
The Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2001 will expire on 31.3.2008: see r 9.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2001	127	Gazette 14.6.2001 p2244	14.6.2001: r 2	
2001	174	Gazette 19.7.2001 p2715	19.7.2001: r 2	
2003	32	Gazette 28.3.2003 p1270	28.3.2003: r 2	
Provisions varied
New entries appear in bold.
Provision	How varied	Commencement	
r 3			
r 3(1)			
Riverland	varied by 174/2001 r 3	19.7.2001	
r 9	varied by 32/2003 r 4	28.3.2003