The Regulations require exporters of grape products to be licensed where individual shipments exceed 100 litres. 

In accordance with section 9(1) of the Regulations, a person may apply to Wine Australia for a licence to export grape products from Australia.

In deciding whether to grant the licence, Wine Australia must consider the matters set out in section 9(3) of the Regulations, including:

• any matter that may adversely affect the export trade in grape products
• any other matter relating to the promotion of Australian grape products that relates to the applicant
• whether the applicant, or an associate of the applicant, has had a licence suspended or cancelled
• whether the applicant is a fit and proper person.

Wine Australia may also consider any other matter relating to the promotion of the export of grape products.

In deciding whether a person is fit and proper, Wine Australia must have regard to:

• whether the applicant or an associate of the applicant has been convicted of an offence against the Act
• whether a debt is due and payable by the applicant or an associate of the applicant under the Act
• whether wine export charges[1] due and payable by the applicant or an associate of the applicant have been paid, and
• whether a previous application made by the applicant, or an associate of the applicant, for approval of a grape product for export, or any other approval under the Act, has been refused or revoked.

Licences are not transferable and any change in the licensee’s circumstances must be advised to Wine Australia as soon as practicable. Changes in a licensee’s business address must be advised within 14 days. Licence application fees are not refundable if the applicant withdraws the application or Wine Australia determines not to grant the application. Licences are issued for 12-month periods.

The Regulations provide for the suspension or cancellation of a licence for breaches of the Act or if Wine Australia considers that the exporter is no longer fit and proper to hold an export licence. For example, licences may be cancelled or suspended in circumstances where:

• an exporter has committed an offence relating to the description and presentation of a grape product (for example, the vintage, variety or origin of a product is incorrectly described)
• an exporter has failed to keep accurate records verifying claims made about the vintage, variety or origin in accordance with the LIP
• an exporter has sold or exported a grape product that does not comply with the Food Standards Code, or
• an exporter has engaged in an activity that might adversely impact the reputation of Australian wine overseas (such as having engaged in the production of copycat brands that are intended to leverage from the reputation of existing brand owners through causing confusion in market).

Applying for a licence to export

You can apply for an export licence through WALAS once you have created an account. Instructions and an overview of the WALAS platform can be seen here.

The application will ask whether you are a Wine Grapes Levy Payer. A Wine Grapes Levy payer is a person who pays a levy based on the volume of grapes crushed at a winery. Wine Grape Levy Payers are eligible for a reduced licence fee in the first year. If you are a Wine Grapes Levy Payer, you will need to include your ABN to be eligible for the reduced fee. If you are not liable to pay the Wine Grapes Levy you should select ‘no’.

You may be asked to provide additional information  to substantiate your entity type, for example, company director details, and/or copies of partnership agreements or trust deeds.

You can pay the licence fee online through WALAS. You should allow five business days for review and processing of your licence application. If your export licence is granted, you will receive an email notification with a link to a downloadable PDF document. You will also be assigned a Licence ID number which you will need for all interactions with WALAS.