Commerce (Imports) Regulations (Amendment)

Overview

The Statutory Rules 1955 No. 33, made under the authority of the Commerce (Trade Descriptions) Act 1905-1950, represent a legislative instrument introduced to amend existing regulations governing imports. Enacted by the Federal Executive Council, these regulations were made by the Governor-General, W. J. Slim, on 17 May 1955. The primary objective of these amendments is to refine and update the definitions and classifications related to imported goods, ensuring that they align with contemporary standards and practices. The regulations introduce changes such as the removal of specific definitions and the inclusion of aircraft stores, reflecting an effort to keep the regulatory framework current and comprehensive. These changes were intended to address gaps in the existing regulatory regime by providing clearer guidelines and more inclusive criteria for the import of goods.

Scope and Application

The Statutory Rules 1955 No. 33, which are regulations made under the Commerce (Trade Descriptions) Act 1905-1950, amend the Commerce (Imports) Regulations. These amendments impact the definitions and scope of certain terms and the inclusion of new categories, specifically extending the regulations to include aircraft's stores alongside ships' stores. This legislative instrument applies to the Commonwealth level and affects any entities or persons involved in the importation of goods into Australia, particularly those dealing with ships' and now also aircraft's stores, as well as articles intended for food or drink. The changes include the removal of specific definitions related to cleanliness, disease, and soundness, potentially broadening the scope of what is permissible under the regulations. The regulations come into effect three months after being notified in the Commonwealth Gazette, and any further application or restrictions are likely to be detailed in subordinate instruments, which may extend or clarify the scope of the main Act.

Key Provisions

The primary operative sections of these regulations (Regulations 2 to 4) pertain to amendments of the Commerce (Imports) Regulations. Regulation 2 removes specific definitions previously found in Regulation 5, namely "clean", "disease", and "sound" or "soundness". Regulation 3 expands the scope of Regulation 6 by including "aircraft's stores" alongside "ships' stores", thereby extending the regulations' application to stores on aircraft. Regulation 4 amends Regulation 10 by removing sub-regulation (2), which likely pertained to specific conditions or requirements for articles used for food or drink by man. These amendments impose several obligations and requirements on the parties and entities governed by these regulations. Firstly, by removing certain definitions, the regulations may require more precise and context-specific definitions to be applied in their place. The inclusion of "aircraft's stores" in Regulation 3 extends the regulatory oversight to imports related to aircraft, necessitating compliance with the same standards as those for ships. The removal of sub-regulation (2) in Regulation 4 could imply a relaxation of specific requirements previously applicable to articles used for food or drink, potentially simplifying compliance for certain imports. In terms of offences, penalties, or consequences for breach, the legislative instrument itself does not detail specific sanctions. However, under the parent act, the Commerce (Trade Descriptions) Act 1905-1950, breaches of regulations can lead to various civil and criminal consequences. These may include fines, imprisonment, or other penalties as determined by the courts. The maximum penalties would depend on the severity of the breach and could vary significantly. It is important to refer to the parent act for detailed information on potential sanctions.