Commerce (Imports) Amendment Regulations 1999 (No. 1) 1999 No. 329
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 329
Issued by the Authority of the Minister for Justice and Customs
Commerce (Imports) Amendment Regulations 1999 (No. 1)
Section 17 of the Commerce (Trade Descriptions) Act 1905 ("the Act") provides in part that the Governor-General may make regulations not inconsistent with this Act prescribing all matters and things required or permitted by this Act to be prescribed or which are necessary and convenient to be prescriber for carrying out or giving effect to this Act, and particularly for the analysis of samples taken under this Act, and the extent to which certificates of analysis shall be prima facie evidence in proceedings under the Act of the facts therein stated.
The regulations update and repeal particular regulations. The regulations relate to consumer protection and the proposed amendments repeal those that are out of date and unnecessary. The present regulations are unduly prescriptive, may conflict with or duplicate other legislative requirements and have the potential to add to the burden of business both in paperwork and financially.
The regulations omit present regulations numbered 9, 11, 12, 13, 14, 15A and 20 as out of date or unnecessary (item 5 of Schedule 1).
Regulation 11 is repealed as it specifies marking requirements for medicines or medicinal preparations. The provision is unnecessary as it duplicates those in. place under Therapeutic Goods Act 1989.
Regulation 12 is repealed as it specifies the marking requirements on bagged fertiliser. This provision is not often used as most fertiliser is imported in bulk.. The marking requirements are also inconsistent with those applied to Australian packaged fertilisers.
Regulation 13 is repealed as it specifies the wording of the trade description for agricultural seeds and maize. The Australian Quarantine and Inspection Services (AQIS) has controls in place in relation to seeds and all seeds are referred to AQIS by Customs for examination and identification purposes. There is no need to retain this control.
Regulation 14 is repealed as it specifies the content of the trade description for plants. As AQIS has controls in place in relation to plants and all plants are referred to AQIS for examination and identification purposes, there is no need to retain this control.
Regulation 15A is repealed as it requires goods listed in Schedule 4 to the regulations to state the name of the Material constituting the outside or covering of the goods. Repeal of this regulation has been agreed to as part of the Governments response to the Industry Commission Report on Packaging and Labelling. A consequential amendment will be required to the Fourth Schedule to the regulations to remove the reference to regulations 15A.
Regulation 20 is repealed as it requires details as to where watches, clocks and movements were made or produced to appear on the back of the movement and on the dial if there is one. As parts for watches and clocks are manufactured in many different countries and sent to a number of countries for assembly this requirement is impossible to meet. Repeal of this regulation has also been agreed to as part of the Governments response to the Industry Commission Report on Packaging and Labelling.
The regulations further amend the trade description general requirements provisions of the regulations to include reference to regulation 15B which is not repealed. This regulation, 15B, will be included as regulation 8(g) (item 4 of Schedule 1).
The regulations further amend subparagraph 8(c)(i) and (ii) to reflect the repeal of regulations 20 and 9 (items 2 and 3 of Schedule 1).
The regulations further amend The Fourth Schedule to indicate that the repeal of paragraph 15A (item 6 of Schedule 1).
The regulations commenced on gazettal.
Overview
The Commerce (Imports) Amendment Regulations 1999 (No. 1) were enacted to address the need for updating and repealing certain regulations under the Commerce (Trade Descriptions) Act 1905. These regulations, issued by the Minister for Justice and Customs, aim to streamline consumer protection laws by removing outdated or redundant regulatory requirements that may conflict with or duplicate other legislative mandates. The policy objective behind these amendments is to reduce the administrative burden on businesses by eliminating unnecessary paperwork and financial costs, while maintaining effective oversight through other relevant legislative frameworks such as the Therapeutic Goods Act 1989 and the controls of the Australian Quarantine and Inspection Service. The regulations specifically repeal several provisions that have become obsolete or are inconsistent with current practices, such as marking requirements for medicines, fertiliser, seeds, plants, and watch components, in line with the government's response to the Industry Commission Report on Packaging and Labelling.
Scope and Application
The Commerce (Imports) Amendment Regulations 1999 (No. 1) primarily amend the existing regulations under the Commerce (Trade Descriptions) Act 1905, focusing on the simplification and modernisation of trade descriptions for imported goods. These regulations apply to businesses and individuals importing goods into Australia, encompassing a broad range of industries and products. They are designed to streamline the regulatory environment by removing outdated and redundant requirements, thereby reducing bureaucratic burdens on businesses. The regulations specifically repeal and omit certain outdated regulations that are either duplicative of other legislative requirements or impractical to enforce. For instance, regulations pertaining to specific marking requirements for medicines, fertiliser, seeds, plants, and the origin of watch and clock components are repealed as they either duplicate controls already in place under other acts or have become impractical due to changes in industry practices. The amendments also update the trade description general requirements to reflect these changes, ensuring that the regulations remain relevant and effective in protecting consumer interests while facilitating smoother trade processes. The scope of these regulations is national, affecting importers across all states and territories of Australia, and they commenced on gazettal, meaning they came into effect immediately upon publication.
Key Provisions
The Commerce (Imports) Amendment Regulations 1999 (No. 1) primarily serve to update and repeal certain existing regulations under the Commerce (Trade Descriptions) Act 1905 (the Act). These regulations aim to streamline and modernise the legislative framework by removing outdated or redundant provisions that may conflict with other legislative requirements or impose unnecessary burdens on businesses. Specifically, regulations 9, 11, 12, 13, 14, 15A, and 20 have been omitted as they are either out of date, no longer in use, or duplicate requirements under other acts such as the Therapeutic Goods Act 1989 or the Australian Quarantine and Inspection Services (AQIS) controls.
The amendments imposed by these regulations necessitate that businesses and entities subject to these trade description requirements adhere to the updated provisions. The repealed regulations no longer apply, and businesses must ensure compliance with the remaining provisions. For instance, businesses importing medicines or medicinal preparations no longer need to comply with the marking requirements previously stipulated in regulation 11, as these are now covered under the Therapeutic Goods Act 1989. Similarly, the requirement to specify the origin of watches, clocks, and their movements as outlined in regulation 20 has been removed, reflecting the global nature of their manufacturing and assembly processes.
In terms of penalties and consequences, the Act does not explicitly outline specific penalties for non-compliance with these regulations. However, breaches of trade description requirements under the Act can lead to civil and criminal penalties. For example, individuals or companies found guilty of misleading or deceptive conduct in trade or commerce may face fines and imprisonment as prescribed by the relevant sections of the Trade Practices Act 1974 or the Australian Consumer Law, which apply broadly to consumer protection issues. The maximum penalties can vary depending on the severity of the offence and the specific provisions of the Act that are breached.