The Bill amends the Wine Australia Act 2013 and the Primary Industries Levies and Charges Collection Act 2024 to facilitate better industry oversight and research. A central feature is the expansion of Wine Australia's functions to include conducting surveys that support the Competition and Consumer Act 2010. From the explanatory memo:
"This will support the implementation of the Australian Government response to the Review of regulatory options for the wine and grape sector... and in particular the mandatory code of conduct for wine grape purchases."To balance these new powers, the Bill introduces a "modern information management framework" [EM page 1] that governs how "relevant information" is used and disclosed. It establishes a civil penalty of up to 60 penalty units for the unauthorised disclosure of protected information by "entrusted persons." Furthermore, the Bill enables ABARES to disclose levy-payer contact details to third-party providers for "critical agricultural surveys" [EM page 2]. This is intended to improve survey reach and data quality, provided that de-identification and privacy safeguards are met. The Bill also makes technical adjustments to the Secretary's rule-making powers to ensure they operate as intended within the broader legislative scheme.
The primary justification for this Bill lies in the pursuit of Utilitarian Ground Truth; specifically, the necessity of accurate, comprehensive data to inform agricultural policy and market transparency. By empowering Wine Australia and ABARES to conduct more effective surveys, the government ensures that "growers and winemakers assess supply and demand, adapt to changing market conditions, and make informed business decisions" [Explanatory Memo page 39]. The current inability of ABARES to share contact details with third-party mailout providers creates a significant bottleneck that degrades the quality of survey data, ultimately harming the industry's evidence-based planning capabilities.
Furthermore, the Bill upholds important Legal Principles by replacing fragmented information rules with a cohesive, modern framework. The introduction of a civil penalty for the unauthorised disclosure of "protected information" provides a "proportionate deterrent" [Explanatory Memo page 19] that protects the commercially sensitive data of wine producers. This ensures that the expansion of data-sharing powers is balanced by strict accountability, maintaining the "relationship of trust and confidence" between the industry and the regulator [Judgment].
The most significant concern regarding this Bill pertains to Individual Autonomy and the right to privacy. By amending the Collection Act to allow ABARES to disclose personal information—including names, addresses, and telephone numbers—to third-party mailing companies, the Bill increases the surface area for potential data breaches or misuse. While the government argues these measures are "critical," they represent a further erosion of the privacy of levy-payers who are compelled by law to provide this information in the first place [Judgment].
Additionally, the Bill raises serious concerns regarding the Legal Principle of the presumption of innocence. The new civil penalty regime in the Wine Act includes "reverse burden" provisions, where a defendant bears the evidential burden of proving they acted in "good faith" or under legal authorisation. As noted in the Statement of Compatibility with Human Rights, these provisions "reverse the usual burden of proof" [Explanatory Memo page 35]. While the government justifies this as a matter of efficiency, it sets a troubling precedent where the state shifts the onus of proof onto the individual in regulatory proceedings, potentially undermining fair trial rights [Judgment].
2026-07-01
House of Representatives
Before House of Representatives
Unspecified
Agriculture, Fisheries and Forestry
Agriculture, Competition Policy, Consumer Protection