Trade Descriptions and False Advertisements Act Amendment Act 1944 (WA)

1944.] Trade Descriptions and False [No. 46.

Advertisements.

TRADE DESCRIPTIONS AND FALSE

ADVERTISEMENTS.

8° and 9° GEO. VI., No. XLVI.

No. 46 of 1944.

AN ACT to amend the Trade Descriptions and False

Advertisements Act, 1936.

[Assented to 24th January, 1945.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

This Act may be cited as the Trade Descriptions and False Advertisements Act Amendment Act, 1944, and	Short title.
shall be read as one with the Trade Descriptions and
False Advertisements Act, 1936 (No. 42 of 1936), here-
inafter referred to as the principal Act.

1.

2.   A section is inserted in the principal Act after New section.

section one as follows:—

1A. This Act is divided into Parts as follows:	Act divided
into Parts.

PART I., ss. 2 to 4—PRELIMINARY.

PART II., SS. 4A tO 7A—TRADE DESCRIPTIONS. DIVISION 1, ss. 4A to 4E—TExTILE PRODUCTS.

DIVISION 2, s. 5—Goons OTHER THAN TEXTILE

PRODUCTS.

No. 46.] Trade Descriptions and False [1944.

Advertisements.

DIVISION 3, ss. 6 to 7A—GENERAL.

PART III., S. 8—FALSE ADVERTISEMENTS.

PART IV., SS. 9 to 12—IxspnoTons.

PART V., SS. 13 IO 23—MISCELLANEOUS.

SCHEDULE—GOODS TO WHICH ACT APPLIES.

Insertion of

heading. 3.

A heading is inserted in the principal Act imme-

diately above section two as follows :—" Part I.—

Preliminary."

Amendment

of s. 2. 4. Section two of the principal Act is amended as

follows :-

(a)

by inserting after the definition of "covering" new definitions as follows :—

"Distributor" means in relation to textile products any person who having in his possession, owner- ship or control imported textile products offers such products for sale either direct or through an agent or wholesaler or retailer, and includes contractors, jobbers, and makers-up engaged in any preliminary or intermediate process to the ultimate stage of manufacture of such textile products for sale direct or through an agent, wholesaler, or retailer.

"Fibre" includes wool, reprocessed wool, re-used

wool, and wool made into any fibrous state.

(b) by deleting from the definition of "goods" the word "means" in line one of the definition and inserting in lieu thereof the words "includes any textile products and also"

(c)

by inserting after the definition of "label" new definitions as follows:

"Manufacturer" means, in relation to textile pro- ducts, any person engaged in the process of spinning, weaving, knitting and feltin ,g of textile products for sale and includes contractors, job- bers and makers-up engaged in any preliminary or intermediate process to the ultimate stage of manufacture of such textile products for sale direct or through an agent, wholesaler, or re- tailer.

"Per centage" means in relation to the fibre con-

tents of a textile product, per centage by weight.

1944.] Trade Descriptions and False [No. 46.

Advertisements.

"Retailer" means a person who sells goods retail.

"Reprocessed wool" means the resulting fibre when

wool has been woven, knitted or felted into a textile product which without ever having been utilised in any way by the ultimate consumer, subsequently has been made into a fibrous state.

"Re-used wool" means the resulting fibre when wool or reprocessed wool has been spun, woven, knitted or felted into a textile product, which after having been utilised in any way by the ulti- mate consumer, subsequently has been made into a fibrous state.

(d)

by inserting after the definition of "Sell' a new definition as follows :—

" Textile products'' means woven, knitted or felted or other products manufactured from fibre, and includes such products whether in the piece or roll or in garments or other derivatives thereof and also tops and yarns.

The term does not include hats, or linings, interlinings or trimmings forming part of a garment, or any article which the Governor by regulation declares shall be excluded from the definition of "textile products."

by inserting after the definition of "Trade de- scription" new definitions as follows :—

(e)

" Wholesaler" means, in relation to textile products, a person who receives textile products from a manufacturer or a distributor for sale either direct or through a retailer.

"Wool" means the natural fibre from any variety of domestic sheep or lamb (ovis cries) which has

never been reclaimed from a textile product.

"Woollen goods" or "all wool" or "pure wool" means a textile product which contains ninety- five per centum of wool with five per centum of other material or substance for decoration.

5. A new heading, a subheading and new sections are inserted in the principal Act immediately after section	New heading
and neve
sections.
four as follows :—

No. 46.] Trade Descriptions and False [1944.

Advertisements.

PART IL—TRADE DESCRIPTIONS.

Division 1—Textile Products.

Trade

description	4A. (1) No person shall deliver for sale or sell any
compulsory

rotation to	textile product unless there is applied thereto, conspicu-
textile
products.	ously and legibly in such manner as may be prescribed, the full name and the complete address of the manufac- turer and also a trade description of the product contain- ing details of the constituent fibres comprising such pro- duct and also such other details as may be prescribed.
Provided that it shall not be necessary to state the name and address of the manufacturer where it is im- practicable or inconvenient to do so and the regulations make provision to that effect.

(2)

It shall not be necessary to affix the prescribed particulars relating to the manufacturer and to the tex- tile product on or to the product itself but it shall be sufficient compliance with this section if such particulars are attached or applied to any covering, label, reel, placard or thing used in connection with the textile pro- duct provided the same is at all times in such proximity to such product and sufficiently displayed as to be clearly and easily referable to the product by any person pro- posing to purchase the product.

(3) Any person who in any respect contravenes this section shall be guilty of an offence.

Penalty—For a first offence, fifty pounds; or any sub- sequent offence two hundred pounds.

False trade

description.	4B. (1) Any person who applies to a textile product a trade description the particulars of which do not com- ply with the requirements of section four A of this Act or of the regulations or are in any respect false or incor- rect shall be guilty of an offence.
Penalty—For a first offence, fifty pounds; or any sub- sequent offence two hundred pounds.
(2) It shall. be a defence in any prosecution for an offence under this section

(a) where the defendant is the manufacturer—that any deviation not exceeding three per centum from the fibre weight of the entire textile pro- duct was due to a cause arising out of or in the course of the process of manufacture;

1944.] Trade Descriptions and False [No. 46.

Advertisements.

(b)	where the defendant is a distributor—that the particulars of fibre content contained in the trade description applied to the textile pro- duct were the full information available and furnished at the time and at the point of entry by the Customs of the imported product as provided by the Commerce (Trade Descrip- tions) Act, 1905-1933, of the Commonwealth and the regulations made thereunder ;
(c)	where the defendant is a person other than the manufacturer or the distributor, that the par- ticulars stated in the trade description are the same as those supplied to him for the pur- poses of such trade description by the manu- facturer or the distributor from whom he received the product for sale.

Invoices to be

(1) Every manufacturer and every distributor shall when delivering textile products to a wholesaler or a retailer furnish to such wholesaler or retailer a numbered invoice which shall contain details of the constituent fibres comprising such textile products respectively as prescribed.	furnished.
(2) Any person who contravenes this section shall be guilty of an offence.

4C.

Penalty—Fifty pounds.

Records to

(1) Every manufacturer and every distributor of textile products shall keep and maintain in writing in the English language for at least three years all records and specifications of textile products delivered or sold by him and. invoiced as provided for in section four C of this Act.	be kept.
(2) Any person who contravenes this section shall be guilty of an offence.

4D.

Penalty—Fifty pounds.

Access for

(1) Every manufacturer and every distributor shall at all reasonable times give access to an inspector	inspector to
records.
inspect
to inspect and check records required by this Act or the regulations to be kept by such manufacturer or distributor.
(2) Any person who contravenes this section shall be guilty of an offence.

4E.

Penalty—Fifty pounds.

No. 46.] Trade Descriptions and False [1944.

Advertisements.

Amendment

of heading.	6. The heading "Trade Descriptions" where it appears immediately above section five of the principal Act is deleted, and a new heading is inserted in lieu thereof as follows :—" Division 2—Goods, other than tex- tile products."
Insertion of

new heading. 7. A new heading is inserted in the principal Act

immediately below section five as follows :—"Division 3—

General.''

8. A new section is inserted in the principal Act, as

follows :-

Certain

expressions	7A. A trade description shall not contain :—
in trade

descriptions	(a) The expressions "artificial wool," or "imita- tion wool," or "synthetic wool," or "sub- stitute wool" in any circumstances or for any purposes or in relation to any goods ;
prohibited.
(b) Any other expression (except the expressions "reused wool" or "reprocessed wool" when appropriately used in connection with a textile product) which includes the word "wool" and is intended to be descriptive of the goods to which the trade description is applied or of a substance used in the manufacture of the said goods, when the goods are not a textile product, or the sub- stance is not wool.
Amendment

of headings. 9. (1) The Heading "False Advertisements" where

it appears in the principal Act immediately below section seven is deleted, and a new heading is inserted in lieu thereof as follows :—"Part III.—False Advertisements."

(2) The heading "Inspectors" where it appears in the principal Act immediately below section eight is deleted, and a new heading is inserted in lieu thereof as follows :—"Part IV.—Inspectors."

(3) The heading "Offences" where it appears in the principal Act immediately below section twelve is deleted, and a new heading is inserted in lieu thereof as follows :- "Part V.—Miscellaneous."

(4) The heading "Miscellaneous" where it appears in the principal Act immediately below section fourteen is deleted.

1944.] Trade Descriptions and False [No. 46.

Advertisements.

Amendment

10. Section twenty-three of the principal Act is of a. 23.

amended by adding at the end thereof the words "and particularly for the analysis of samples of goods taken under this Act and the extent to which certificates of

analysis shall be prima facie evidence in proceedings

under this Act of the facts therein stated.

11. The Schedule to the principal Act is repealed and A cinseldeT I uliet

a new Schedule is inserted in lieu thereof as follows:— Repeal and.

new schedule.

THE SCHEDULE.

Sec. 2. (1) The following goods, where any such goods do not come within the definition of "textile products" as set out in this Act, that is to say:

Bedding, Blankets, Rugs.

(2) Flour.

(3) Furniture.

Motor bodies, including cabs, trays, platforms and coaches

of every description as used on motor vehicles for private, passenger,

or any commercial purpose.

(4)

12. The principal Act as amended by this Act may be pCritianteiionalefAct cited as the Trade Descriptions and False Advertise- as amended.

ments Act, 1936-1944.