Commerce (Imports) Regulations (Amendment)

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Legislation au F1996B01323 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1953. No. 54.

————

REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*

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 1905-1950.

Dated this fourth day of June, 1953.

W J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport for and on behalf of

Minister of State for Trade and Customs.

———

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—

(a) by omitting from the definition of “fibre” the words “re-processed wool, re-used wool,”;

(b) by omitting the definitions of “re-processed wool” and “re-used wool”;

(c) by inserting, after the definition of “sound”, the following definition:—

“‘textile products’ means—

(a) woven, knitted or felted materials manufactured from fibre; and

(b) tops, yarns, threads and lace;”; and

(d) by omitting from the definition of “wool”  the words “,other than the fibre from re-processed wool or re-used wool”.

Conditional prohibition of certain imports.

3. Regulation 7 of the Commerce (Imports) Regulations is amended by omitting paragraphs (f) and (g) and inserting in their stead the following paragraphs:—

“(f) textile products and articles of apparel including boots and shoes;

(g) leather;”.

 

* Notified in the Commonwealth Gazette on , 1953.

† Statutory Rules 1940, No. 280, as amended by Statutory Rules 1940, No. 46; 1951, No. 154; and 1952, No. 48.

898.—Price 3d. 10/25.3.1953.


4. Regulation 15 of the Commerce (Imports) Regulations is repealed and the following regulation inserted in its stead:—

Articles of apparel, textile products and leather.

“15.—(1.) The trade description applied to articles of apparel or textile products which contain ninety-five per centum or more by weight of wool shall include the words ‘Pure Wool’.

“(2.) 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’.

“(3.) The trade description applied to articles of apparel or textile products which contain less than ninety-five per centum but not less than five per centum by weight of wool shall include a statement specifying—

(a) the percentage of wool which is contained in the articles or products; and

(b) the other fibres contained in the articles or products in order of dominance.

“(4.) The trade description applied to articles of apparel or textile products referred to in the last preceding sub-regulation shall—

(a) if wool is the predominant fibre in the articles or products—state the percentage of wool first; and

(b) if wool is not the predominant fibre in the articles or products—state the percentage of wool last.

“(5.) The trade description applied to articles of apparel or textile products which contain less than five per centum by weight of wool shall state the fibres other than wool in order of dominance followed by the words ‘less than five per centum wool’.

“(6.) The trade description applied to articles of apparel or textile products which contain no wool shall include a statement specifying the fibre contained in the articles or products or, if the articles or products contain more than one fibre, the fibres in order of dominance.

“(7.) The trade description applied to textile products or articles of apparel manufactured from textile products which contain loading or weighting substances other than ordinary dressing shall include the word ‘Loaded’ or the word ‘Weighted’.

“(8.) The trade description applied to textile products or articles of apparel manufactured from textile products which contain paper shall include a statement that the articles or products contain paper.

“(9.) The trade description applied to boots and shoes which have outer soles composed otherwise than wholly of rubber—

(a) shall state the material of which the soles are composed; and

(b) shall be conspicuously, legibly and indelibly stamped upon or impressed into the outer surface of each sole.

“(10.) The trade description applied to leather which contains a loading of a mineral or other weighting substance shall include a statement specifying the name and the percentage of each weighting substance contained in the leather.

‘(11.) A trade description which is applied in pursuance of this regulation shall be in the English language.


“(12.) For the purposes of sub-regulations (3.), (5.) and (6.) of this regulation, articles of apparel or textile products which contain less than five per centum by weight of a fibre, other than wool or paper, shall be deemed not to include that fibre.

“(13.) For the purposes of sub-regulation (7.) of this regulation, a dressing used to meet legitimate trade requirements, and which does not contain anything in the nature of an adulteration or anything used for the purpose of deceiving as to the quality, substance or nature of the products or articles, shall be deemed to be an ordinary dressing.

“(14.) For the purposes of sub-regulation (10.) of this regulation, glucose and sugar which taken together do not exceed five per centum by weight of the leather, and fats and oils used in the manufacture and preparation of the leather, shall be deemed not to be weighting substances.

“(15.) This regulation does not apply to the goods specified in the Third Schedule to these Regulations”.

The Third Schedule.

5. The Third Schedule to the Commerce (Imports) Regulations is amended by omitting the words “Terry Towels; Terry Towelling” and inserting in their stead the words “Towels; Towelling”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1953, No. 54, enacted under the Commerce (Trade Descriptions) Act 1905-1950, aims to refine the regulation of trade descriptions for imported goods, particularly focusing on textiles, apparel, and leather products. These regulations were issued by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect three months after their notification in the Commonwealth Gazette. The primary objective of these amendments is to ensure transparency and accuracy in the labelling of imported goods by specifying how trade descriptions should be applied, particularly in relation to the content of fibres in textiles and apparel, and the use of certain materials like paper or weighting substances. This legislative measure seeks to protect consumers by providing them with clear and truthful information about the composition of the goods they purchase.

Scope and Application

The Legislative Instrument, Statutory Rules 1953 No. 54, made under the Commerce (Trade Descriptions) Act 1905-1950, introduces amendments to the Commerce (Imports) Regulations concerning trade descriptions and specific imports. These Regulations apply to the importation of certain goods, specifically targeting articles of apparel, textile products, and leather, ensuring transparency and accuracy in trade descriptions. The Regulations mandate precise labeling based on the percentage of wool and other fibres in the products, prohibiting misleading descriptions such as "Pure Wool" unless the wool content is 95% or more. Furthermore, the Regulations require clear declarations of loading or weighting substances, the presence of paper, and the material composition of boot and shoe soles. These amendments are designed to protect consumers by ensuring they are fully informed about the composition and characteristics of imported goods, thereby preventing deceptive trade practices. The Regulations come into operation three months after their notification in the Commonwealth Gazette and cover a broad range of imports subject to trade descriptions, with specific exclusions detailed in the Third Schedule of the Regulations.

Key Provisions

The main operative sections of the Commerce (Trade Descriptions) Regulations 1953 (Statutory Rules 1953 No. 54) primarily amend the existing Commerce (Imports) Regulations to update the definitions of certain terms and establish new conditions for the importation of specific goods. Regulation 2 updates the definitions within the Act, omitting definitions of "re-processed wool" and "re-used wool" and inserting a new definition for "textile products" (subsection 2(a)). Regulation 3 replaces the previously listed items in the Commerce (Imports) Regulations with "textile products and articles of apparel including boots and shoes" and "leather" (subsection 3(f) and (g)). Regulation 15 outlines the specific requirements for the labelling of articles of apparel and textile products, including the mandatory use of "Pure Wool" for products containing 95% or more wool by weight and detailed instructions for labelling products with varying wool content (subsection 15(1) to (6)). Regulation 15 also stipulates requirements for the labelling of products containing loading or weighting substances, paper, and non-rubber soles on boots and shoes (subsection 15(7) to (9)). Furthermore, Regulation 15 mandates that all trade descriptions must be in English (subsection 15(11)). The Regulations impose obligations on importers and manufacturers to accurately describe the contents of the goods they import or manufacture. Importers and manufacturers must ensure that the trade descriptions on articles of apparel and textile products accurately reflect the percentage of wool and other fibres present, and include specific statements for products with less than 95% wool content or containing loading or weighting substances (subsection 15(1) to (6)). They must also ensure that products with non-rubber soles are stamped with the material composition of the soles (subsection 15(9)). Additionally, all trade descriptions must be in English, ensuring clarity and transparency for consumers (subsection 15(11)). Breaches of these Regulations can result in significant legal consequences. While the specific penalties for non-compliance are not detailed in the Regulations themselves, violations of trade description laws under the Commerce (Trade Descriptions) Act 1905-1950 can lead to both criminal and civil penalties. Criminal penalties can include fines and imprisonment, with the severity of the penalty often depending on the extent and intent of the violation. Civil penalties may also apply, where aggrieved parties can seek compensation for losses incurred as a result of misleading trade descriptions. The exact penalties would be determined by the relevant courts based on the specific circumstances of each case.

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