Queensland Consolidated Acts

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WINE INDUSTRY ACT 1994 - SCHEDULE 2

-- DICTIONARY

acceptable evidence of age of a person means a document that is acceptable evidence of age of the person under section 6 of the Liquor Act.

conversion application see section 8(2).

criminal history of a person means the person's criminal record within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 and, despite section 6 of that Act, includes a conviction to which the section applies.

fruit includes—

(a) the juices of fruit used to make wine; and
(b) concentrated fruit juice used to make wine; and
(c) honey used to make mead.

investigator means a person authorised under section 174(1) of the Liquor Act 1992 or a police officer.

licence means a licence under this Act.

licensed premises means—

(a) for a wine producer licence—the main premises and any satellite cellar door for the licence; or
(b) for a wine merchant licence—the premises to which the licence relates.

licensee means a person who holds a licence.

licensee's wine—

(a) for the holder of a wine producer licence, means wine at least 85% of which is—
(i) made from fruit grown by the licensee on the licensee's licensed premises; or
(ii) made by the licensee on the licensee's licensed premises; and
(b) for the holder of a wine merchant licence, means wine made only from fruit grown by the licensee on the licensee's licensed premises.

Liquor Act means the Liquor Act 1992.

main premises means the premises stated in the licence to be the main premises for the licence.

permit means a permit granted under section 32.

permit place means a place stated in the permit to be a permit place for the licence.

premises includes land, and a building or structure on or in land.

Examples—
vineyard, apiary or orchard.

private event means an event, held at premises other than licensed premises, if—

(a) the event is not publicly advertised or is not open to the public or to casual attendance; or
(b) attendance at the event is restricted by personal invitation by the event's host; or
(c) admission to the event does not involve paying a fee for admission or for entertainment or services provided at the event.
Examples of a private event—
a 21st birthday party, a boardroom lunch, a company cocktail party, a wedding, a wine tasting or promotion for a winery

provide wine to a person means—

(a) supply wine to the person; or
(b) allow wine to be supplied to the person; or
(c) allow wine to be consumed by the person.

register means the register of licences and permits kept by the chief executive under section 58.

satellite cellar door, for a wine producer licence, see section 15(3).

sell has the meaning given by the Liquor Act.

Editor's note—
Liquor Act, section 4—
sell includes—
(a) barter or exchange; and
(b) offer, agree or attempt to sell; and
(c) expose, send, forward or deliver for sale; and
(d) cause or permit to be sold or offered for sale; and
(e) supply or offer, agree or attempt to supply—
(i) in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or
(ii) gratuitously, but to gain or keep custom or other commercial advantage.

Tribunal has the meaning given by the Liquor Act.

unduly intoxicated has the meaning given by the Liquor Act.

Editor's note—
Liquor Act, section 4—
unduly intoxicated means a state of being in which a person's mental and physical faculties are impaired because of consumption of liquor so as to diminish the person's ability to think and act in a way in which an ordinary prudent person in full possession of his or her faculties, and using reasonable care, would act under like circumstances.

wine means any of the following fermented or distilled fluids of an intoxicating nature intended for human consumption—

(a) a fluid resulting from the complete or partial fermentation of only grapes and, at 20&#deg;C, containing ethyl alcohol (ethanol) of at least 80mL/L (8%);
(b) a fluid resulting from the complete or partial fermentation of fruit (other than wholly from grapes) and, at 20&#deg;C, containing ethyl alcohol (ethanol) of at least 11.5mL/L (1.15%);
(c) a fluid resulting from the complete or partial fermentation of honey and at 20&#deg;C, containing ethyl alcohol (ethanol) of at least 11.5mL/L (1.15%);
(d) 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&#deg;C, containing ethyl alcohol (ethanol) of at least 250mL/L (25%);
(e) a fluid resulting from adding a fluid mentioned in paragraph (d) with a fluid mentioned in paragraph (a), (b) or (c) and, at 20&#deg;C, containing ethyl alcohol (ethanol) of at least 170mL/L (17%).
Examples of paragraphs (a) to (e)—
(a) table wine and sparkling wine;
(b) cider, perry and other fruit and vegetable wines;
(c) mead and sparkling mead;
(d) brandy and fruit brandy including Calvados, Fraise, Framboise, Kirsch, Kirschwasser, Quetsch, Mirabella and Slivovitz;
(e) fortified fruit and vegetable wines.

wine merchant licence means a licence granted under section 9(1) that states it is a wine merchant licence.

wine producer licence means a licence granted under section 9(1) that states it is a wine producer licence.



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