Commerce (Imports) Regulations (Amendment)

Overview

The Statutory Rules 1933, No. 61, made under the Commerce (Trade Descriptions) Act 1905-1930, were introduced to amend the Commerce (Imports) Regulations, specifically targeting the descriptions and markings on imported goods such as porcelain, earthenware, and canned salmon. This legislative instrument was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective appears to be to ensure clarity and transparency in the trade descriptions of imported goods, thereby protecting consumers from misleading information. The amendments focus on specifying the required trade descriptions for certain types of porcelain, earthenware, and canned salmon, including the introduction of colloquial names and code marks for different species of salmon.

Scope and Application

The Regulations under the Commerce (Trade Descriptions) Act 1905-1930, specifically the Second Amendment, primarily apply to the trade and import of goods, particularly focusing on the labelling and description of items such as China, porcelain and earthenware, and canned salmon. The legislation targets entities involved in the importation and sale of these goods, ensuring that they are accurately described and labelled to prevent consumer deception. The scope of these regulations extends across the Commonwealth of Australia, thereby applying to all states and territories within the nation. While the regulations are quite specific about the requirements for labelling and descriptions, they do not explicitly mention exclusions or exemptions, suggesting that the stipulations apply broadly to the specified goods. The regulations are further extended and detailed through subordinate instruments, which provide specific guidance on the implementation of the trade descriptions requirements.

Key Provisions

The primary operative sections of the Regulations under the Commerce (Trade Descriptions) Act 1905-1930, which amend the Commerce (Imports) Regulations, concern the labelling and description of certain imported goods. Regulation 6 is amended to include additional categories of goods, specifically China, porcelain, and earthenware, which are used in the serving of food or drink or are kitchen ware and utensils (sub-paragraph (g)(i)). Regulation 9 is amended to specify the labelling requirements for canned salmon, ensuring that the trade description must include the word “salmon” and either the colloquial name of the salmon species or an approved code mark indicating the species (sub-regulation (6)). This regulation also lists the colloquial names and code marks for different species of salmon and prohibits the use of the word “red” for certain salmon species in the trade description. These regulations impose specific obligations on importers and sellers of the affected goods. Importers must ensure that all China, porcelain, and earthenware used for food or drink service or as kitchen ware and utensils comply with the specified descriptions. For canned salmon, sellers must adhere to the prescribed labelling requirements, using either the colloquial name or the approved code mark to indicate the species of salmon. Failure to comply with these labelling requirements could result in the goods being considered misdescribed, which could lead to legal consequences. Breach of these regulations may result in legal penalties. Although the specific penalties are not detailed within the text of the Regulations, under the parent Act, the Commerce (Trade Descriptions) Act 1905-1930, penalties for misdescribing goods can include fines and potential seizure of the goods. The exact penalties can vary depending on the severity and intent of the breach, and may be pursued through civil or criminal proceedings as appropriate.