STATUTORY RULES
1969 No.
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REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commerce (Trade Descriptions) Act 1905-1966.
Dated this eighth day of December, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Customs and Excise.
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Amendments of the Commerce (Imports) Regulations†
Commencement.
1. These Regulations shall come into operation upon the expiration of three months after the date on which they are notified in the Gazette.
Definitions.
2. Regulation 5 of the Commerce (Imports) Regulations is amended by omitting from the definition of “fibre” the words “linen and” and inserting in their stead the words “linen, cashmere, mohair or the hair of the alpaca, the camel, the llama or the vicuna, and includes”.
Articles of apparel, textile products and leather.
3. Regulation 15 of the Commerce (Imports) Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “ ‘Pure Wool’.” and inserting in their stead the words “ ‘Pure Wool’ or ‘All Wool’.”;
(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—
“(2.) Subject to the next succeeding sub-regulation, the trade description applied to articles of apparel or textile products which contain less than ninety-five per centum by weight of wool shall not include the words ‘Pure Wool’ or ‘All Wool’.
“(2a.) Where any articles of apparel or textile products contain not less than eighty per centum by weight of wool and not less than ninety-five per centum by weight of two or more of the following fibres, namely, wool, cashmere, mohair or the hair of the alpaca, the camel, the llama or the vicuna, the trade description may include the words ‘Pure Wool’ or ‘All Wool’.
“(2b.) Where the words ‘Pure Wool’ or ‘All Wool’ are included in the trade description applied to articles of apparel or textile products, sub-regulation (3.) of this regulation does not apply to or in relation to the trade description.”; and
(c) by omitting from sub-regulation (3.) the words “The trade” and inserting in their stead the words “Subject to sub-regulation (2a.) of this regulation, the trade”.
* Notified in the Commonwealth Gazette on 1969.
† Statutory Rules 1940, No. 280, as amended by Statutory Rules 1949, No. 46; 1951, No. 154; 1952, No. 48; 1953, No. 54; 1954, Nos. 73 and 104; Nos. 33 and 68; 1959, No. 74; and 1963, No. 21.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
17635/69—Price 5c 10/15.7.1969
Overview
The Commerce (Imports) Regulations 1969 were enacted as a legislative instrument under the Commerce (Trade Descriptions) Act 1905-1966 by the Governor-General of Australia, acting on advice from the Federal Executive Council. These regulations were introduced to address issues surrounding the accurate labelling and description of imported goods, particularly in relation to textile products and fibres. The primary objective of these amendments is to ensure that the trade descriptions applied to articles of apparel and textile products are truthful and do not mislead consumers about the composition of the products. The regulations amend the existing Commerce (Imports) Regulations to provide more specific criteria regarding the use of terms such as "Pure Wool" and "All Wool" on the labelling of wool-containing products, thereby aiming to protect consumers from misleading trade descriptions and to uphold fair trading practices.
Scope and Application
The Commerce (Imports) Regulations 1969, made under the Commerce (Trade Descriptions) Act 1905-1966, govern the importation of goods into Australia, specifically focusing on trade descriptions related to fibre and wool content in textile products. These regulations apply to individuals and entities involved in importing goods that fall within the purview of the Act. The regulations delineate the permissible use of terms such as "Pure Wool" and "All Wool" on imported textile products, specifying thresholds for wool content and other fibres such as cashmere, mohair, and alpaca, camel, llama, or vicuña hair. The regulations extend across the Commonwealth of Australia and are enforced by the relevant authorities to ensure compliance with the stipulated trade descriptions. Exclusions or exemptions are not explicitly mentioned in the text, but the regulations may be subject to further interpretation or clarification through subordinate instruments. The amendments detailed in these regulations came into operation three months after their notification in the Commonwealth Gazette.
Key Provisions
The main operative sections of these Regulations (section 3) amend Regulation 15 of the Commerce (Imports) Regulations, particularly concerning the permissible trade descriptions for articles of apparel and textile products. Regulation 15(1) is modified to include the phrases "Pure Wool" or "All Wool" in the trade description of articles containing a certain percentage of wool, while Regulation 15(2) specifies that these terms can only be used if the article contains at least ninety-five percent by weight of wool. Additionally, Regulation 15(2a) allows for the use of these terms if the article contains at least eighty percent wool and not less than ninety-five percent by weight of two or more specified fibres. Regulation 15(3) is also adjusted to acknowledge these changes, ensuring that the trade description is compliant with the new criteria.
The Regulations impose several obligations on parties involved in the importation of apparel and textile products. Importers must ensure that the trade descriptions of their products accurately reflect the fibre content, adhering to the specified percentages outlined in the amended Regulation 15(2) and 15(2a). Failure to comply with these descriptions could lead to penalties or other consequences, including the potential for the goods to be seized or refused entry into Australia. Importers must also provide documentation or evidence to support the fibre content claims if requested by an authorised officer.
Any breaches of these Regulations may result in civil or criminal consequences. For instance, providing false or misleading trade descriptions can lead to fines or other penalties as stipulated under the Commerce (Trade Descriptions) Act 1905-1966. The maximum penalties for such offences can be substantial, reflecting the importance of compliance with trade descriptions regulations. Additionally, persistent or severe violations may result in further legal action, including court proceedings and potential criminal charges against the responsible parties.