Contents
2Commencement#
(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 15 September 2026 |
| 2. Schedule 1 | A single day to be fixed by Proclamation.However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
| 3. Schedule 2 | The day after this Act receives the Royal Assent. | 16 September 2026 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3Schedules#
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 · Amendment of the Wine Australia Act 2013
Part 1 · Information management
Wine Australia Act 2013#
1 At the end of section 3
Add:
; and (e) to support the operation of the Competition and Consumer Act 2010 in relation to the grape industry and wine industry.
2 Subsection 4(1)
Insert:
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
entrusted person means any of the following:
(a)the Minister;
(b)the Secretary;
(c)a director of the Authority;
(d)an employee of the Authority (see section 30);
(e)a consultant engaged under section 30A;
(f)an inspector;
(g)an APS employee in the Department;
(h)any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department or the Authority;
(i)any other person who:
(i)is employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and
(ii)is in a class of persons prescribed by the regulations.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means:
(a)information obtained by a person under this Act or the regulations; or
(b)information obtained or generated by a person in the course of or for the purposes of:
(i)administering this Act or the regulations or monitoring compliance with this Act or the regulations; or
(ii)assisting another person to administer this Act or the regulations or monitor compliance with this Act or the regulations.
State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.
3 After paragraph 7(eb)
Insert:
(ec)to conduct or arrange surveys of the grape industry or wine industry to support the operation of this Act or the Competition and Consumer Act 2010 in relation to the grape industry or wine industry;
4 Subsection 39ZJ(1)
Omit “give information obtained under this Part, and other assistance, to”, substitute “provide assistance in relation to this Part to”.
5 Section 39ZK
Repeal the section, substitute:
39ZKCivil proceedings not to lie against Authority etc.#
(1)Any of the following persons or bodies is not subject to any civil liability for, or in relation to, the doing of a thing mentioned in subsection (2):
(a)the Authority ;
(b)a director of the Authority;
(c)an employee of the Authority;
(d)an inspector.
(2)The things are:
(a)giving information obtained under this Part to a person or body referred to in paragraph 39ZJ(1)(a), (b) or (c) in accordance with Division 1 of Part VII; or
(b)providing assistance to such a person or body under subsection 39ZJ(1).
(3)Subsection (1) has effect despite anything in a law of the Commonwealth, a State or a Territory (whether passed or made before or after the commencement of this section) unless the law expressly provides otherwise.
6 After Part VIB
Insert:
Part VIC · Compliance and enforcement
Division 1 · Simplified outline
41AASimplified outline of this Part#
This Part applies Part 4 of the Regulatory Powers Act to the civil penalty provisions of this Act.
Division 2 · Civil penalty provisions
41ABCivil penalty provisions#
Enforceable civil penalty provisions
(1)Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2)For the purposes of Part 4 of the Regulatory Powers Act:
(a)the Chair is an authorised applicant in relation to each civil penalty provision of this Act; and
(b)the Secretary is also an authorised applicant in relation to subsection 41AP(1).
(3)The Chair may, in writing, delegate to the principal employee of the Authority the Chair’s powers under Part 4 of the Regulatory Powers Act in relation to the civil penalty provisions of this Act.
(4)The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 4 of the Regulatory Powers Act in relation to the civil penalty provisions of this Act referred to in paragraph (2)(b).
(5)A person exercising powers under a delegation under subsection (3) must comply with any directions of the Chair.
(6)A person exercising powers under a delegation under subsection (4) must comply with any directions of the Secretary.
Relevant court
(7)For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a)the Federal Court of Australia;
(b)the Federal Circuit and Family Court of Australia (Division 2).
Liability of Crown
(8)Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to be subject to civil proceedings for a contravention of a civil penalty provision.
Extension to external Territories
(9)Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to each external Territory.
7 Before section 41A
Insert:
Division 1 · Information management
Subdivision A · Authorised uses and disclosures by entrusted person or other persons
41ACUse or disclosure for the purposes of this Act#
An entrusted person may use or disclose relevant information in the course of or for the purposes of:
(a)administering this Act or the regulations or monitoring compliance with this Act or the regulations; or
(b)assisting another person to administer this Act or the regulations or monitor compliance with this Act or the regulations.
41ADUse or disclosure for the purposes of other Acts#
An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.
41AEDisclosure to a Commonwealth entity#
An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.
41AFDisclosure to a court, tribunal etc.#
(1)An entrusted person may disclose relevant information to a court exercising federal jurisdiction.
(2)An entrusted person may disclose relevant information to any of the following for the purposes referred to in subsection (3):
(a)a court;
(b)a tribunal, authority or person that has the power to require the answering of questions or the production of documents.
(3)The purposes are the following:
(a)the enforcement of a law of the Commonwealth;
(b)to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made under a law of the Commonwealth.
41AGDisclosure for the purposes of law enforcement#
(1)An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:
(a)the entrusted person reasonably believes that disclosing the information is necessary for:
(i)the enforcement of the criminal law; or
(ii)the enforcement of a law imposing a pecuniary penalty; or
(iii)the protection of public revenue; and
(b)the functions of the body include that enforcement or protection; and
(c)for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:
(i)is in force between the Commonwealth and the State or Territory; and
(ii)applies in relation to the information; and
(d)for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.
(2)The bodies are the following:
(a)a Commonwealth entity;
(b)a State or Territory body;
(c)the Australian Federal Police;
(d)the police force or police service of a State or Territory.
41AHUse or disclosure for research, policy development or data analysis#
(1)An entrusted person may use relevant information for the purpose of undertaking research, policy development or data analysis to assist the Department or the Authority with:
(a)the administration of this Act; or
(b)achieving one or more objects of this Act.
(2)An entrusted person may disclose relevant information to a person or body mentioned in subsection (3) for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department or the Authority with:
(a)the administration of this Act; or
(b)achieving one or more objects of this Act.
(3)The persons or bodies are any of the following:
(a)another entrusted person;
(b)a person who is employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth;
(c)a Commonwealth entity;
(d)another person or body.
(4)Despite subsection (2), an entrusted person must not disclose relevant information to another person or body as mentioned in paragraph (3)(d) unless:
(a)the person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:
(i)is in force between the Commonwealth, or a body corporate that is established by a law of the Commonwealth, and that person or body; and
(ii)applies in relation to the information; and
(b)the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement; and
(c)in the case of research, policy development or data analysis that could not proceed if personal information were de-identified before the relevant information is disclosed—the entrusted person is satisfied that:
(i)only the minimum amount of personal information necessary to proceed is disclosed; or
(ii)otherwise—all reasonable steps have been taken to de-identify any personal information before the relevant information is disclosed.
41AIUse or disclosure of statistics#
An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.
41AJUse or disclosure of publicly available information#
An entrusted may use or disclose relevant information if the information has already been lawfully made available to the public.
41AKDisclosure to person to whom information relates#
An entrusted person may use or disclose relevant information to the person to whom the information relates.
41ALUse or disclosure with consent#
An entrusted person may use or disclose relevant information that relates to a person if:
(a)the person has consented to the use or disclosure; and
(b)the use or disclosure is in accordance with that consent.
41AMDisclosure to person who provided information#
An entrusted person may disclose relevant information to the person who provided the information.
Subdivision B · Authorised disclosures by Secretary or director of Authority
41ANDisclosure to State or Territory body#
The Secretary or a director of the Authority may disclose relevant information to a State or Territory body if:
(a)the Secretary or director (as the case requires) reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and
(b)the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:
(i)is in force between the Commonwealth and the State or Territory; and
(ii)applies in relation to the information; and
(c)the Secretary or director (as the case requires) is satisfied that the information will be used or further disclosed only in accordance with the agreement.
Subdivision C · Authorised uses and disclosures under regulations
41AOUse or disclosure authorised by regulations#
(1)A person may use relevant information if:
(a)the person is included in a class of persons prescribed by the regulations; and
(b)the use is for a purpose prescribed by the regulations; and
(c)the information is of a kind prescribed by the regulations; and
(d)the use complies with any conditions prescribed by the regulations.
(2)A person may disclose relevant information if:
(a)the person is included in a class of persons prescribed by the regulations; and
(b)the disclosure is for a purpose prescribed by the regulations; and
(c)the information is of a kind prescribed by the regulations; and
(d)the disclosure complies with any conditions prescribed by the regulations.
(3)Regulations made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the regulations are made.
(4)Subdivisions A and B do not limit regulations that may be made for the purposes of this section.
Subdivision D · Protected information
41APCivil penalty—use or disclosure of protected information#
Civil penalty
(1)A person contravenes this subsection if:
(a)the person is, or has been, an entrusted person; and
(b)the person has obtained or generated information in the course of or for the purposes of:
(i)administering this Act or the regulations or monitoring compliance with this Act or the regulations; or
(ii)assisting another person to administer this Act or the regulations or monitor compliance with this Act or the regulations; and
(c)the information is of a kind covered by subsection (2); and
(d)the person uses or discloses the information.
Civil penalty: 60 penalty units.
Protected information
(2)For the purposes of subsection (1), this subsection covers information (including commercially sensitive information) the disclosure of which could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence.
Exception—required or authorised by law
(3)Subsection (1) does not apply if the use or disclosure of the information is required or authorised by:
(a)this Act or another law of the Commonwealth; or
(b)a law of a State or Territory prescribed by the regulations.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).
Exception—good faith
(4)Subsection (1) does not apply if the person uses or discloses the information in good faith:
(a)in the purported administering of this Act or the regulations or purported monitoring of compliance with this Act or the regulations; or
(b)in assisting another person in the purported administering of this Act or the regulations or purported monitoring of compliance with this Act or the regulations.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).
Division 2 · Other provisions
8 Subsection 45A(7) (including the heading)
Repeal the subsection.
9 Subsection 45A(8)
Repeal the subsection.
Part 2 · Application, saving and transitional provisions
10 Application and saving provisions—legal proceedings
(1) Section 39ZK of the Wine Australia Act 2013, as substituted by this Schedule, applies in relation to the giving of information, or the providing of assistance, on or after the commencement of this item.
(2) Section 39ZK of the Wine Australia Act 2013, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to information or assistance given before that commencement.
11 Application provision—information management
Division 1 of Part VII of the Wine Australia Act 2013, as inserted by this Schedule, applies in relation to the use or disclosure of relevant information on or after the commencement of this item, whether the information was obtained or generated before, on or after that commencement.
12 Transitional provision—information under old provisions
(1) Information of the following kinds is taken, on and after the commencement of this item, to be relevant information for the purposes of the Wine Australia Act 2013:
(a) information obtained under Part VIA of that Act;
(b) particulars included in the Register;
(c) information included in the Label Directory.
(2) Subitem (1) applies to information obtained or generated before, on or after that commencement.
Schedule 2 · Amendment of the Primary Industries Levies and Charges Collection Act 2024
Part 1 · Information management
Primary Industries Levies and Charges Collection Act 2024#
1 Subsection 28(4)
Omit “or (3)”.
2 At the end of section 28
Add:
Requirements for disclosing information to non-Commonwealth persons or bodies
(5)Despite subsection (3), an entrusted person must not disclose relevant levy/charge information in accordance with that subsection to a person or body other than a person or body covered by subsection (8) (about Commonwealth bodies) unless the requirements in subsections (6) (about on-disclosure) and (7) (about personal information) are met.
(6)The requirements are that:
(a)the person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:
(i)is in force between the Commonwealth and that person or body; and
(ii)applies in relation to the information; and
(b)the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.
(7)The requirements are that:
(a)if the disclosure is for the purposes of research or data analysis that could not proceed if personal information were de-identified before the relevant levy/charge information is disclosed—the entrusted person is satisfied that only the minimum amount of personal information necessary to proceed is disclosed; or
(b)otherwise—all reasonable steps have been taken to de-identify any personal information before the relevant information is disclosed.
(8)The following persons or bodies are covered by this subsection:
(a)another entrusted person;
(b)a person who is employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth;
(c)a Commonwealth entity.
Part 2 · Rule-making power
Primary Industries Levies and Charges Collection Act 2024#
3 Subsection 59(1) (at the end of the heading)
Add “etc.”.
4 Subsection 59(1)
Omit “For better securing the payment of levy or charge imposed in relation to collection commodities/services, the”, substitute “The”.
5 Paragraphs 59(2)(a), (b) and (c)
Before “requiring”, insert “for better securing the payment of levy or charge imposed in relation to collection commodities/services—”.
Part 3 · Application and transitional provisions
6 Application provision
The amendments made by Part 1 of this Schedule apply in relation to the use or disclosure of relevant levy/charge information on or after the commencement of this item, whether the information was obtained or generated before, on or after that commencement.
7 Transitional provision
The amendments made by Part 2 of this Schedule do not affect the validity of rules in force for the purposes of subsection 59(1) of the Primary Industries Levies and Charges Collection Act 2024 immediately before the commencement of this item.
[Minister’s second reading speech made in—
House of Representatives on 1 July 2026
Senate on 17 August 2026]
(98/26)
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.