US Free Trade Agreement Implementation Act 2004 (120 of 2004)
Schedule 3 Australian geographical indications for wine amendments
12 Before section 40S
Insert:
40SA When may a determination be made under this Subdivision?
(1) If an objection was made to a proposed geographical indication ( GI ) under section 40RB, the Committee may only determine the GI in the circumstances set out in this section.
Grounds of objection not made out
(2) The Committee may determine a GI that was the subject of a decision under subsection 40RC(2), if:
(a) all appeals against, or reviews of, the decision (if any) in relation to the GI have been finalised; and
(b) the decision standing after the appeals and reviews have been finalised is that a ground of objection has not been made out in relation to the GI.
If grounds for objection made out and person agrees to determination of GI
(3) The Committee may determine a GI that is the subject of a decision that a ground of objection has been made out, if the person who objected to the determination of the GI has agreed, by notice in writing given to the Committee, to the determination of the GI.
If grounds for objection made out and a recommendation is made under subsection 40RC(3)
(4) The Committee may determine a GI that is the subject of a decision that a ground of objection has been made out, if:
(a) a recommendation has been made to the Committee under subsection 40RC(3) that the GI should be determined despite the ground of objection having been made out; and
(b) all appeals against, or reviews of, the decision that the GI should be determined (if any) have been finalised; and
(c) the decision standing after the appeals and reviews have been finalised is that the GI should be determined.
If grounds for objection made out and a decision is made under section 40RE
(5) The Committee may determine a GI that is the subject of a decision that a ground of objection has been made out, if:
(a) a decision has been made under section 40RE that the ground of objection no longer exists; and
(b) all appeals against, or reviews of, the decision that the ground no longer exists (if any) have been finalised; and
(c) the decision standing after the appeals and reviews have been finalised is that the ground no longer exists.