Geography Reference
In-Depth Information
to any neglect on the part of, a partner, the partner, as well as the partnership, is
guilty of the offence.
4.395
Section 17(4) provides that in s 17(3) 'partner' includes a person purporting to
act as a partner.
4.396
Where an unincorporated association is guilty of an offence under these
Regulations and that offence is proved to have been committed with the
consent or connivance of, or to have been attributable to any neglect on the part
of, an officer of the association, s 17(5) provides that the officer, as well as the
association, is guilty of the offence.
4.397
Section 17(6) provides that in s 17(5) 'officer', in relation to an unincorporated
association, means:
(a)
an officer of the association or a member of its governing body; or
(b)
a person purporting to act in that capacity.
2. Enforcement of EU wine indications overseas
4.398
Given the longevity of the complaints of EU wine producers concerning the
misappropriation of their GIs by overseas wine producers, considerable energy
has been directed towards securing bilateral agreements on this subject with
those non-EU wine-producing countries. A useful illustration of these agree-
ments and their translation into the legal protection of EU GIs for wines is the
negotiations between the EU and Australia.
3. Australia and EU Wine Agreements 1994 and 2009
4.399
Because of the significance of the EU as a destination for Australian wines, it
was inevitable that Australian labelling practices would have to be brought into
conformity with the European wine practices, particularly respecting European
wine GIs. On 6 December 1992 it was announced that the Australian govern-
ment and European Commission officials had negotiated the text of an
agreement aimed at improving the bilateral wine trade. The Agreement
between the European Community and Australia on Trade in Wine came into
effect on 1 March 1994.
84
In exchange for the European Community reducing
the technical barriers for Australian wines exports, Australia agreed to phase out
84
See http://www.austlii.edu.au/au/other/dfat/treaties/1994/6.html.