Commerce (Imports) Regulations (Amendment) (Cth)

STATUTORY RULES

1973 No.

—————

REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commerce (Trade Descriptions) Act 1905-1966.

Dated this fourth day of May, 1973.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(Sgd) LIONEL MURPHY

Minister of State for Customs and Excise.

———

Amendments of the Commerce (Imports) Regulations 

Definitions.

1. Regulation 5 of the Commerce (Imports) Regulations is amended—

(a) by omitting the definition of “appointed analyst”; and

(b) by omitting from the definition of “ ‘rolled gold’ and ‘gold-cased’ ” the figures and words “60 degrees Fahrenheit” and substituting the figures and words “16 degrees Celsius”.

Additional prohibition of certain imports.

2. Regulation 7 of the Commerce (Imports) Regulations is amended by omitting from paragraph (ha) of sub-regulation (1) the words “twenty-four square inches” and substituting the words “one hundred and fifty-five square centimetres”.

Articles used for food or drink by man.

3. Regulation 10 of the Commerce (Imports) Regulations is amended by omitting the words “pint or pound weight” and substituting the words “pint, litre, pound or kilogramme”.

Agricultural seeds.

4. Regulation 13 of the Commerce (Imports) Regulations is amended by omitting from sub-regulation (3) the words “one pound” and substituting the figures and word “500 grams”.

5. Regulations 23, 24 and 25 of the Commerce (Imports) Regulations are repealed and the following regulations substituted:—

Inspection of prescribed goods.

“23. Goods to which a trade description is applied, goods specified in sub-regulation (1) of regulation 7 and goods that an officer has reasonable grounds to believe are goods so specified are goods prescribed for the purposes of section 5 of the Commerce (Trade Descriptions) Act 1905-1966.

 

* Notified in the Commonwealth Gazette on 1973.

  Statutory Rules 1940, No. 280, as amended by Statutory Rules 1949, No. 46; 1951, No. 154;1952 No. 48; 1953, No. 54; 1954, Nos. 73 and 104; 1955, Nos. 33 and 68; 1959, No. 74; 1963, No. 21; 1969, No. 200; and 1973, No, 41.

26231/70—Price 5c 10/15.3.1973

Analysts.

“24.(1) The Minister may appoint persons who have the necessary qualifications to be analysts for the purposes of these Regulations.

“(2) An officer of the Department of Science holding, or for the time being performing the duties of, a prescribed office in that Department has all the powers of an analyst for the purposes of these Regulations.

“(3) The following offices are prescribed offices for the purpose of sub-regulation (2):—

(a) Commonwealth Analyst;

(b) Chief Chemist;

(c) Principal Chemist;

(d) Chemist, Class 3;

(e) Chemist, Class 2;

(f) Chemist, Class 1;

(g) Principal Bacteriologist;

(h) Bacteriologist, Class 3;

(i) Bacteriologist, Class 2; and

(j) Bacteriologist, Class 1.

“(4) An analyst may analyse samples of prescribed goods that are taken by an officer under the Commerce (Trade Descriptions) Act 1905-1966.

Certificates of analysts.

“25. (1) In proceedings under the Customs Act 1901-1971, the Commerce (Trade Descriptions) Act 1905-1966 or these Regulations in relation to prescribed goods, a certificate given by an analyst as to the results of an examination of those prescribed goods, or of an analysis of a sample of those prescribed goods, is evidence of the matters stated in the certificate.

“(2) Judicial notice shall be taken of the signature of an analyst appearing on a certificate referred to in sub-regulation (1) and of the fact that the person by whom the certificate purports to have been signed is an analyst.

“(3) In this regulation, a reference to an analyst shall be read as including a reference to an officer of the Department of Science who has all the powers of an analyst tinder sub-regulation (2) of regulation 24.”.

Penalties.

6. Regulation 26 of the Commerce (Imports) Regulations is amended by omitting the words “Twenty pounds” and substituting the words “Forty dollars”.

Printed by Authority by the Government Printer of the Commonwealth of Australia