Commerce (Imports) Regulations 1940
Statutory Rules 1940 No. 280 as amended
made under the
Commerce (Trade Descriptions) Act 1905
Consolidated as in force on 22 December 1999
(includes amendments up to SR 1999 No. 329)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Commerce (Imports) Regulations 1940
Statutory Rules 1940 No. 280 as amended
made under the
Commerce (Trade Descriptions) Act 1905
Contents
Page
Part I Preliminary
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Repeal
5 Interpretation
6 Ships’ and aircraft’s stores
6A Pre-packed articles
Part II Trade descriptions
7 Additional prohibition of certain imports
8 Trade description — general requirements
15B Shoes
Part III Miscellaneous
23 Inspection of prescribed goods
24 Analysts
25 Certificates of analysts
26 Penalties
The Schedules
The First Schedule Statutory Rules repealed
Schedule 4 Goods to which paragraph 7 (1) (ha) applies
The Fifth Schedule Goods that are not pre‑packed
articles
Part I
Part II Packages that do not contain pre‑packed articles
Notes
Part I Preliminary
1 Name of Regulations [see Note 1]
These Regulations are the Commerce (Imports) Regulations 1940.
2 Commencement [see Note 1]
These regulations, except regulation 3 and regulations 7 to 22 (both inclusive), shall come into operation on their notification in the Gazette, and regulation 3 and regulations 7 to 22 (both inclusive) shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.
3 Repeal
The Commerce (Imports) Regulations (being the Statutory Rules specified in the First Schedule to these regulations) are repealed.
5 Interpretation
(1) In these regulations, unless the contrary intention appears:
analyst means a person appointed under subregulation 24 (1) or a person who, under subregulation 24 (2), has the powers of a person so appointed.
article includes quantity of a substance.
brand includes any mark, device, name, word, letter, numeral or symbol and any combination consisting of two or more of those things.
condensed milk and evaporated milk includes flavoured condensed milk and flavoured evaporated milk.
coverings means all the principal coverings in which goods are contained, and in which such goods are usually sold wholesale or retail.
dried fruit includes currants, raisins, sultanas and other dried grape products, dates, dried apples, dried pears, dried peaches, dried apricots, dried prunes and dried figs, glace and crystallized fruit and fruit peel.
drug means any substance used as a medicine or in the composition or preparation of a medicine.
fertilizer includes any substance intended for or commonly used to fertilize the soil, other than:
(a) animal or vegetable manure; or
(b) crude material for the manufacture of fertilizer.
fibre means wool, hair, silk, cotton, linen, cashmere, mohair or the hair of the alpaca, the camel, the llama or the vicuna, and includes any other fibrous material, whether natural or artificial.
food and drink include every article used as food or drink by man, other than drugs and water.
hair means the hair…
Overview
The Commerce (Imports) Regulations 1940 were enacted under the Commerce (Trade Descriptions) Act 1905, and their primary purpose is to ensure that imported goods meet certain labelling and trade description standards. These regulations address the gap by providing detailed requirements for the labelling of imported goods to protect consumers and ensure fair trading practices. The regulations were made by the Australian Government and include provisions for the inspection of goods, the appointment of analysts, and the issuance of certificates. They also outline the penalties for non-compliance with the regulations. The enacting body for these regulations is the Governor-General, acting on the advice of the relevant ministers.
Scope and Application
The Commerce (Imports) Regulations 1940, made under the Commerce (Trade Descriptions) Act 1905, apply to the importation of a wide range of goods into Australia. These include articles used for food or drink, medicines, fertilisers, agricultural seeds, plants, textile products, shoes, jewellery, various household items, and other goods specified in the regulations. Notably, the importation of goods such as ships’ stores and aircraft’s stores is exempt from these regulations. The regulations specify detailed requirements for trade descriptions, including the need for labels or brands to be affixed to goods or their coverings, and the inclusion of specific information such as the country of origin and material composition. The regulations also provide for the inspection of goods and the powers of analysts appointed under the regulations. They establish penalties for non-compliance and include specific provisions for the marking and description of shoes. The regulations have been amended several times since their initial enactment, with the most recent amendments appearing in Statutory Rules 1999 No. 329.
Key Provisions
- The Commerce (Imports) Regulations 1940, made under the Commerce (Trade Descriptions) Act 1905, lay out several key provisions. Firstly, the main operative sections of these regulations require the application of trade descriptions to various imported goods, specify the content and form these descriptions must take, and establish certain prohibited imports. For instance, Regulation 7 prohibits the importation of several categories of goods, including food and drink items, medicines, and textile products, unless a trade description is applied in accordance with the regulations. Regulation 8 outlines the general requirements for trade descriptions, which must be affixed to goods or their coverings and include specific details such as the country of origin and a true description of the goods.
- The regulations also impose specific obligations on the parties they govern. Importers, for example, must ensure that the imported goods bear an appropriate trade description. This includes detailing the materials used in the construction of certain items, such as shoes, as specified in Regulation 15B. Analysts appointed under Regulation 24 can examine samples of prescribed goods, and their certificates are admissible in legal proceedings, as stipulated in Regulation 25.
- Violations of these regulations can result in offences and penalties. Any person who contravenes or fails to comply with any provision of these regulations is guilty of an offence, as stated in Regulation 26. The penalty for such an offence is a fine of forty dollars. This provision ensures that there are clear consequences for non-compliance, thereby enforcing the regulatory framework designed to protect consumers and maintain trade standards.
- Area of Law
- Commercial Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Reporting & Disclosure Obligations
- Offence Provisions