Four separate processes are underway that may affect the Australian grape and wine sector’s regulation. This article explains what each is, why they are happening now, and where industry should provide input in September 2026.
Summary
| Consultation | Overview of matter | Consultation facilitated by | Consultation status |
|---|---|---|---|
| Introduction of a mandatory Code of Conduct for Winegrape Purchases | Proposed introduction of a mandatory code of conduct for winegrape purchases to be administered by the Australian Competition and Consumer Commission (ACCC) as recommended by the 2025 review by Dr Craig Emerson, the Australian Government’s response. The introduction of a mandatory Code of Conduct for Winegrape Purchases was separately recommended by the Rural and Regional Affairs and Transport References Committee’s Australian winegrape purchases code of conduct inquiry and the Australian Government’s response to that inquiry. |
Department of Agriculture, Fisheries and Forestry | Ongoing. A working group was established by DAFF to implement the recommendations, and it is expected that an Exposure Draft will be released by DAFF in the fourth quarter of 2026, before the Code is introduced ahead of 1 January 2027. |
| Changes to support the implementation of a mandatory Code of Conduct for Winegrape Purchases | Proposed changes to the Wine Australia Act 2013 to support the implementation of a new mandatory code for winegrape purchases and to enable Wine Australia to conduct or arrange surveys of the grape and wine industry and to enable Wine Australia to use and disclose information for authorised purposes. | Department of Agriculture, Fisheries and Forestry | The Wine and Other Legislation Amendment Bill 2026 was introduced to the House of Representatives on 1 July 2026. As at 1 September 2026, that Bill remains before the Senate. Consultation regarding this Bill is closed. The consultation used to develop the Bill is outlined in the Bill’s Explanatory Memorandum. |
| The most suitable option to protect wine geographical indications under the Australia–European Union Free Trade Agreement and “new” Wine Agreement | The Department of Agriculture, Fisheries and Forestry is consulting with the wine industry via this discussion paper as to the most suitable option to protect wine geographical indications, in the course of the implementation of the Australia–European Union Free Trade Agreement and the Wine Agreement, which will involve establishing a new GI system to protect EU food, agricultural and spirit geographical indications. | Department of Agriculture, Fisheries and Forestry | Written submissions close 30 September 2026 and must be directed to winepolicy@aff.gov.au |
| Wine Australia Regulations | An independent review, commissioned by Wine Australia, to develop a report for the Department of Agriculture, Fisheries and Forestry, examining whether the Wine Australia Regulations 2018 remain fit for purpose, are still required, and whether any changes should be considered before they are scheduled to sunset in 2028. | Wine Australia – however, as set out in the Discussion Paper, submissions should be directed to the independent reviewer, Jason Duldig, Dixon&King Pty Ltd at jason.duldig@dixonking.com | As set out in the Discussion Paper, written submissions close 25 September 2026. |
Four legislative review/amendment processes are underway that relate to the Wine Australia Act 2013 (the Act) and / or the Wine Australia Regulations 2018 (the Regulations).
While they are happening at a similar time, they are separate processes, led in different ways, and focused on different issues.
- Changes to the Act following the recommendations by Dr Craig Emerson in his 2025 review to support the implementation of a mandatory code of conduct (led by the Department of Agriculture, Fisheries and Forestry).
- Consultation to change the Act in relation to the geographical indication (GI) commitments through the recent Australia–European Union Free Trade Agreement (A–EU FTA) (led by the Department of Agriculture, Fisheries and Forestry).
- Consultation and review of the Regulations by an independent reviewer to report to the Department of Agriculture, Fisheries and Forestry (DAFF) ahead of the 1 April 2028 scheduled sunsetting of the Regulations on whether the Regulations should be replaced, amended, or allows to lapse. The independent reviewer will prepare a draft report for Wine Australia to be submitted to DAFF and it will be up to DAFF and the Government to determine whether the Regulations should be remade, remade with amendments, or allowed to sunset ahead of the sunsetting date of 1 April 2028. (conducted by an independent reviewer appointed by Wine Australia).
Wine Australia’s role is to support the sector within the responsibilities established by the Wine Australia Act. While government is responsible for policy and legislative development, Wine Australia can assist by helping the sector to understand relevant processes and supporting consultation and engagement activities.
Why are these processes happening at the same time?
The timing is coincidental; the mandatory code, geographical indication changes and Regulations sunsetting review have different origins, different timelines and different consultation processes.
Mandatory Code of Conduct
Between late-2024 and mid-2025, Dr Craig Emerson conducted an independent review of the Australian grape and wine sector. The review examined whether there was market failure in the grape and wine sector and provided advice about regulatory or other interventions. Dr Emerson was also given the task of leading an independent impact analysis of regulatory options for the Australian grape and wine sector concerning fair trading, competitive relationships, contracting practices and risk allocation. Dr Emerson’s report is available here and the Australian Government response here.
At the same time, the Senate Rural and Regional Affairs and Transport Committee conducted an inquiry into the grape and wine sector’s voluntary code of conduct. The inquiry report and the Australian Government’s response is available here.
On 22 December 2025, the Australian Government announced that it would introduce a mandatory Code of Conduct for Winegrape Purchases by 1 January 2027.
Geographical Indications
In March 2026, negotiations concluded on the A–EU FTA and Wine Agreement. Protection of GIs was necessary for Australia to secure an agreement with the EU. Under the A–EU FTA, Australia has agreed to protect 396 EU GIs. Australia will develop a new GI system as a result.
Regulations sunsetting review
Under the Legislation Act 2003, most Commonwealth legislative instruments automatically sunset (are repealed) approximately ten years after registration, unless further action is taken. The Regulations are automatically due to sunset on 1 April 2028.
How can industry have a say?
Mandatory Code of Conduct
There is already a bill of amendments to support the implementation of the Code going through Parliament. As at 1 September 2026, that Bill remains before the Senate.
Consultation regarding this Bill is closed. The proposed changes within the bill follow extensive industry consultation over recent years on supply and demand challenges, including through Dr Emerson’s review and the Senate Inquiry. Concerns raised by grape and wine sector participants about contractual fairness across the supply chain – from vineyard to retail shelf. The consultation used to develop the Bill is outlined in the Bill’s Explanatory Memorandum.
However, consultation is ongoing for the proposed introduction of the code that is to be administered by the Australian Competition and Consumer Commission (ACCC). A working group was established by DAFF to implement the recommendations, and it is expected that an Exposure Draft will be released by DAFF in the fourth quarter of 2026, before the Code is introduced ahead of 1 January 2027.
Geographical Indications changes
DAFF is seeking written feedback from the wine sector on how wine GIs should be protected under the agreements. This is an important question; whether wine GIs continue to be managed under the current arrangements or become part of a broader agriculture GI system.
DAFF is seeking views on the two options:
- a) A single system for the registration, maintaining and enforcing wine, food, agriculture and spirit GIs. Or,
- b) Maintain current wine GI system alongside new food, agriculture and spirit GI system.
Read the discussion paper and return your views to winepolicy@aff.gov.au by 5pm AEST Wednesday 30 September 2026.
Regulations sunsetting review
Industry input is an essential part of the review of the Regulations and there are two ways that you can contribute:
- attend a targeted consultation session between August and September 2026, or
- provide a written submission by 25 September 2026.
A Discussion Paper has been developed to help understand the background to, and scope of, the Review, and to prepare for consultation. Download the paper and see more information here.