Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1924 No. 73, enacted under the Commerce (Trade Descriptions) Act 1905, addresses the need to regulate and standardise trade descriptions for export dairy products. The Governor-General, acting on advice from the Federal Executive Council and the Minister of State for Trade and Customs, Austin Chapman, introduced these regulations to ensure that the trade descriptions for dairy exports were truthful, prominently displayed, and compliant with specified requirements. This legislative instrument was created to maintain transparency and consumer confidence in Australian dairy products sold abroad by clearly defining the format, content, and accuracy of trade descriptions for these goods.

Scope and Application

The Regulations under the Commerce (Trade Descriptions) Act 1905, specifically amending the Commerce (Export Dairy Produce) Regulations 1921, apply to the export of dairy produce from Australia. These regulations apply to entities involved in the manufacture, production, or export of dairy products, including but not limited to the labelling and branding of goods that are intended for export. The primary focus is on ensuring that trade descriptions on exported dairy products are truthful, clear, and meet specific criteria. The regulations mandate that labels must be affixed in a conspicuous and permanent manner to the goods or their containers, include a true description of the goods along with the word 'Australia', and be written in the English language, with provisions for foreign language descriptions at the Minister's discretion. The label must also contain the name of the manufacturer or producer, or the exporter, or their registered brand, and specify the net weight or quantity of the goods, with specific provisions for tinned butter and cheese. The regulations extend to the Commonwealth level and are enforced to maintain consumer protection and trade integrity in the export of dairy products.

Key Provisions

The main operative sections of this legislation, specifically Regulation 7 of the Commerce (Export Dairy Produce) Regulations 1921, dictate the requirements for the trade descriptions of exported dairy produce. This regulation requires that the trade description must be prominently and legibly affixed to the goods or their containers (section 7(a)). It must contain a true description of the goods, the word "Australia", and be in English, with possible exceptions for foreign language use as determined by the Minister (section 7(b)). Additionally, the description must include the name of the manufacturer, producer, or exporter, their registered brand, and the net weight or quantity of the goods (section 7(c)). The regulation allows for the inclusion of the name of the State where the goods were made or produced, and permits the use of the consignee’s registered brand under certain conditions (section 7(c) note and proviso). Specific provisions address variations in weight for tinned butter and cheese to ensure reasonable tolerances (section 7(d) proviso). The obligations imposed by this Act on the parties involved primarily pertain to the accuracy and clarity of the trade descriptions on exported dairy produce. Manufacturers, producers, and exporters must ensure that their labels and brands are affixed in a conspicuous and permanent manner, contain a true description of the goods, and specify the net weight or quantity. They must also comply with the language requirements, which typically mean using English but allowing for exceptions as permitted by the Minister. Additionally, they must include necessary details such as the manufacturer's name or registered brand, unless the exporter provides an alternative notice as specified in the regulation (section 7(c) proviso). The regulation also places responsibility on the exporter to ensure that any permitted variations in weight for cheese do not constitute a false trade description. Failure to comply with the requirements of these regulations can result in significant consequences. Although the specific offences and penalties are not detailed within the excerpt, under the parent Act, the Commerce (Trade Descriptions) Act 1905, breaches of trade description regulations can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment, reflecting the seriousness with which false trade descriptions are treated under Australian law. The maximum penalties would be determined by the specific provisions of the parent Act and any subsequent amendments or related legislation.