Commerce (Exports) Regulations (Amendment)

Overview

The Statutory Rules 1923, No. 101, were enacted as a regulation under the Commerce (Trade Descriptions) Act 1905 to refine and clarify the definitions within trade regulations. The regulation was made by the Governor-General, acting on advice from the Federal Executive Council, and came into effect immediately upon promulgation. This legislative instrument was introduced to address inconsistencies and ambiguities in the definitions of trade goods, specifically focusing on the term "Leather". The policy objective was to ensure clarity in trade descriptions, which is essential for maintaining fair trading practices and consumer protection within the export market. The enactment body, the Parliament of Australia, through the Governor-General, sought to amend the existing Commerce (Exports) Regulations, 1921, to explicitly define "Leather" as sole leather and rough tanned leather intended for or usually employed in the manufacture of boots and shoes. This amendment was crucial in providing a precise definition to avoid potential disputes and ensure that the trade descriptions were transparent and informative for consumers and traders alike.

Scope and Application

The Commerce (Trade Descriptions) Regulations 1923, made under the Commerce (Trade Descriptions) Act 1905, apply to all persons and entities involved in the trade of goods within the Commonwealth of Australia. These regulations specifically address the definition of certain trade descriptions, such as "Leather," ensuring clarity and consistency in the export market. The regulations extend to any goods that are intended for or usually employed in the manufacture of boots and shoes, thereby covering a broad spectrum of industries including but not limited to footwear manufacturers, leather suppliers, and exporters. The regulations are applicable nationwide, governing trade descriptions across state and territory boundaries within Australia. Any exclusions or exemptions are not explicitly stated in the text, but the primary focus is on maintaining accurate and standardised descriptions for commercial purposes. The application of these regulations can be further extended or specified through subordinate instruments, allowing for adjustments and updates as required.

Key Provisions

The primary operative sections of the Regulation amend the definition of “Leather” under Regulation 3 of the Commerce (Exports) Regulations, 1921. Specifically, Regulation 3(1) now defines “Leather” as “sole leather and rough tanned leather intended for or usually employed in the manufacture of boots and shoes” (C1923L00101). This amendment replaces the previous definition, ensuring that only specific types of leather intended for footwear manufacturing fall under this term. This change aims to clarify the types of leather eligible for export under the regulations. The obligations imposed by this Act primarily concern the definition of terms within the legislative framework. Exporters and relevant industry stakeholders must now ensure that the leather they are exporting fits within the amended definition. This means that only sole leather and rough tanned leather intended for or typically used in making boots and shoes are permitted for export under these regulations. Failure to comply with this definition could lead to the misclassification of goods, resulting in potential legal ramifications. In terms of penalties and consequences, the Regulation does not explicitly detail the penalties for non-compliance. However, under the broader Commerce (Trade Descriptions) Act 1905, breaches of the trade descriptions and false or misleading statements regarding goods can result in criminal and civil penalties. The Act allows for fines and imprisonment for individuals found guilty of such offences. For corporations, the penalties can include substantial fines. The specific amounts are not detailed within the Regulation itself but are governed by the overarching Act, which allows for penalties that reflect the seriousness of the breach. The intent is to enforce compliance and maintain integrity in trade descriptions to protect both consumers and the industry.