Wine Industry Act 1994 - Queensland

Service summary

To foster an efficient wine industry in Queensland which has integrity and authenticity.

The Act requires all persons or companies who sell wine which they have made commercially to be licensed under the Act. Annual fees are prescribed by the Regulation.

The Act prescribes the obligations and responsibilities of licensees (further detailed in the Regulation) and the offences and penalties under the Act.

The following Subordinate Legislation should be examined:

  • Wine Industry Regulation 1995.

Wine Industry guidelines are available on the Business Queensland website.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Wine

Means any of the following fermented or distilled fluids of an intoxicating nature intended for human consumption:

  1. a fluid resulting from the complete or partial fermentation of only grapes and, at 20 degrees C, containing ethyl alcohol (ethanol) of at least 80mL/L (8%) and includes table wine and sparkling wine.
  2. a fluid resulting from the complete or partial fermentation of fruit (other than wholly from grapes) and, at 20 degrees C, containing ethyl alcohol (ethanol) of at least 11.5mL/L (1.15%) and includes cider, perry and other fruit and vegetable wines.
  3. a fluid resulting from the complete or partial fermentation of honey and at 20 degrees C, containing ethyl alcohol (ethanol) of at least 11.5mL/L (1.15%) and includes mead and sparkling mead.
  4. a fluid resulting from the distillation of any fruit to obtain a fluid possessing the taste, aroma and other characteristics generally attributed to brandy and, at 20 degrees C, containing ethyl alcohol (ethanol) of at least 250mL/L (25%) and includes brandy and fruit brandy including Calvados, Fraise, Framboise, Kirsch, Kirschwasser, Quetsch, Mirabella and Slivovitz.
  5. a fluid resulting from adding a fluid mentioned in paragraph (d) with a fluid mentioned in paragraph (a), (b) and (c) and, at 20 degrees C, containing ethyl alcohol (ethanol) of at least 170mL/L (17%) and includes fortified fruit and vegetable wines.

Additional information

Prospective and current licensees under the Act should also be aware of the requirements of the Liquor Act.

Winemakers may also need to check local authority zoning and specific by-laws.

In some cases licence applicants may be required to publicly advertise their application.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Authorised officers (including police officers) have powers to monitor and enforce compliance with the Act and investigate complaints. These include issuing of on the spot fines and seizure of liquor from unlicensed premises.

Offences may be dealt with before the Magistrates Court or through Departmental administrative hearing. Such actions may result in heavy fines, suspension or cancellation of licence, reprimand or issuance of orders on premises.

Review or Appeal Mechanisms:

An appeal against a determination of the Chief Executive may be made to the Queensland Civil and Administrative Tribunal by parties to the application, submission or objection.

Enquiries may be made to:

Registrar
Queensland Civil and Administrative Tribunal.


Administering agency

Licensing Division

Contact details

Licensing Division


Operating address:
63 George Street
Brisbane, Queensland 4000
Mailing address:
Locked Bag 180
City East, Queensland 4002

Phone:

13 QGOV (13 74 68)

Fax:

07 3872 0998
OLGRlicensing@justice.qld.gov.au

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.