STATUTORY RULES.
1926. No. 166.
REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1926.
I, THE GOVERNOR GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Commerce (Trade Descriptions) Act 1905-1926, to come into operation on and from the first day of March, 1927.
Dated the twenty-fourth day of November, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
H. E. PRATTEN,
Minister of State for Trade and Customs.
Amendment of Commerce (Imports) Regulations 1923.
(Statutory Rules 1923, No. 37, as amended to this date).
1. Regulation 3 of the Commerce (Imports) Regulations is amended—
(a) by inserting before the definition of “Clean” (in relation to agricultural seeds and maize) the following definition:—
“‘Bristle’ means the hair of swine”; and
(b) by inserting before the definition of “Infant’s food” the following definition:—
“‘Hair’ means the hair of animals other than swine”.
2. Regulation 6 of the Commerce (Imports) Regulations is amended by adding at the end thereof the following paragraph:—
“; and (g) Brushware”.
3. Regulation 8 of the Commerce (Imports) Regulations is amended by omitting the figures “14” and inserting in their stead the figures and letter “14a”.
C.17167.—Price 3d.
4. After regulation 14 of the Commerce (Imports) Regulations the following heading and regulation are inserted:—
“Brushware.
“14a.—(1.) In the case of brushware, the trade description shall state the nature of the material or materials comprising the brush other than the handle or stock, e.g., ‘Bristle,’ ‘Hair,’ ‘Bone,’ ‘Fibre,’ ‘Bristle and Hair’.
(2.) Where brushware contains, apart from the handle or stock, more than one material, e.g., Bristle and Hair, the name of the preponderating material shall appear first in the trade description.”.
5. Before regulation 15 of the Commerce (Imports) Regulations the following heading is inserted:—
“General”.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1926, No. 166, are regulations made under the Commerce (Trade Descriptions) Act 1905-1926 by the Governor General in Council, with the intention of coming into effect on 1 March 1927. These regulations primarily address the need for clearer and more precise trade descriptions for imported goods, particularly focusing on the specification of materials used in the manufacture of brushware. The objective is to ensure that consumers are adequately informed about the composition of the products they purchase. This legislative instrument was enacted by the Commonwealth Parliament, aiming to enhance consumer protection and ensure that imported goods meet specified standards of transparency in their material composition.
Scope and Application
The Statutory Rules 1926, No. 166, under the Commerce (Trade Descriptions) Act 1905-1926, made by the Governor General, governs the description and classification of imported goods, specifically adding new definitions and regulations to the Commerce (Imports) Regulations 1923. These amendments apply to all imported goods that fall under the purview of the Commerce (Imports) Regulations 1923, particularly focusing on the labelling and trade descriptions of imported brushware. The geographic reach of these regulations is nationwide, as it pertains to the Commonwealth of Australia. These regulations are intended to ensure that imported goods are accurately described, allowing consumers to make informed decisions based on the true composition of the products. Exclusions or exemptions are not explicitly mentioned in the text, and it appears that the primary focus is on the importation and trade description of goods, with the amendments clarifying the specifications for brushware. The regulations are also subject to further amendments and clarifications through subordinate instruments, which may extend or modify the application of these rules.
Key Provisions
The Regulations under the Commerce (Trade Descriptions) Act 1905-1926, as detailed in Statutory Rules 1926, No. 166, primarily focus on amending the Commerce (Imports) Regulations 1923 to include new definitions and requirements for the labelling of imported goods, particularly brushware. Regulation 3 introduces new definitions for "Bristle" and "Hair" (Regulation 1(a) and 1(b)). Regulation 6 adds "Brushware" to the list of goods subject to these regulations (Regulation 2). Regulation 8 modifies a reference to "14" to "14a" (Regulation 3), likely aligning with the new insertion of brushware regulations. Regulation 14a introduces specific requirements for the labelling of brushware, stipulating that the trade description must detail the materials comprising the brush, with the preponderating material named first if multiple materials are present (Regulation 4(1) and 4(2)).
The obligations imposed by these regulations on importers and manufacturers include accurately describing the materials used in the composition of brushware. Importers and manufacturers must clearly state the materials in their trade descriptions, ensuring that the preponderating material is named first if the brush contains multiple materials. These obligations extend to providing detailed and accurate information on the nature of the materials used in the brushware, ensuring consumers are informed about the composition of the products they purchase.
Failure to comply with these regulations can result in legal consequences. While the specific penalties are not detailed in the provided text, breaches of trade descriptions legislation typically result in civil and/or criminal penalties under the parent Act, the Commerce (Trade Descriptions) Act 1905-1926. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the seriousness of non-compliance with labelling requirements designed to protect consumer interests.