Commerce (Imports) Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1996B01333 Regulations Not in force Legislative Instrument

Select Document

Statutory Rules

1974 No. 136

REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Commerce (Trade Descriptions) Act 1905-1973.

Dated thirty-first day of July, 1974.

John R. Kerr

Governor-General.

By His Excellency’s Command,

(Sgd) LIONEL MURPHY

Minister of State for Customs and Excise.

————[[[[

Amendments of the Commerce (Imports) Regulations†

Commencement.

1. These Regulations shall come into operation on 1 November 1974.

Interpretation.

2. Regulation 5 of the Commerce (Imports) Regulations is amended—

(a) by inserting, after the definition of “rolled gold”, the following definitions:—

“ ‘shoes’ means boots, shoes, sandals or other footwear but does not include socks, stockings or other hose;

‘sock lining’ means the thin slip of leather, paper or material that is affixed to the upper surface of the inner sole;”;

(b) by omitting the definition of “sole” and substituting the following definition:—

“ ‘sole’, in relation to a shoe, means all that part of the shoe (including the heel) which, when the shoe is worn by a person, is under the foot of the wearer other than—

(a) the inner sole;

(b) the sock lining; or

“ ‘upper’ means the outer covering of the part of a shoe above the inner sole, but does not include any thread, lace, eyelet, buckle, button or other adornment;”.

* Notified in the Australia Government Gazette on 31 July 1974.

† Statutory Rules 1940, No. 280, as amended by Statutory Rules 1949, No. 46; 1951, No. 154; 1952, No. 43; 1953, No. 54; 1954, Nos. 73 and 104; 1955, Nos. 33 and 68; 1959, No. 74; 1963 No. 21; 1969, No. 200; and 1973, No. 41 and 82.

11638/74—Price 8c 8/28.6.1974

Additional prohibition of certain imports.

3. Regulation 7 of the Commerce (Imports) Regulations is amended by omitting from paragraph (f) of sub-regulation (1) the words “boots and”.

Trade description—general requirements.

4. Regulation 8 of the Commerce (Imports) Regulations is amended—

(a) by omitting the word, “prominent” (second occurring) and substituting the word “permanent”;

(b) by inserting in paragraph (c), before the words “the trade description”, the words “subject to sub-regulations 10 (7) and (8),”;

(c) by inserting in sub-paragraph (i) of paragraph (c), before the words “the name”, the words “subject to regulations 19a and 20,”;

(d) by omitting sub-paragraph (ii) and substituting the following paragraph:—

“(ii) subject to regulation 9, in the case of goods specified in paragraph 7 (1) (a), (b), (c), (d), (c), (f), (h). (ha), (i), (k), (n) or (s)—a true description of the goods;”;

(e) by omitting from paragraph (d) the word “and”; and

(f) by adding at the end thereof the following word and paragraph:—

“and (f) the trade description shall be in the English language.”.

Medicines or medical preparations.

5. Regulation 11 of the Commerce (Imports) Regulations is amended by omitting from sub-regulation (1) the words “in the English language”.

Articles of apparel, textile products and leather.

6. Regulation 15 of the Commerce (Imports) Regulations is amended by omitting sub-regulations (9) and (11).

7. After regulation 15a of the Commerce (Imports) Regulations the following regulation is inserted:—

Shoes.

“15b. (1) Subject to this regulation the trade description applied to shoes shall include—

(a) in the case of shoes—

(i) the soles of which consist entirely of leather—the words ‘all leather sole’;

(ii) the uppers of which consist entirely of leather—the words ‘all leather upper’;

(iii) the quarter linings of which consist entirely of leather—the words ‘all leather quarter lining’;

(b) in the case of shoes the soles of which consist partly of leather—a true statement of the materials composing the sole;

(c) in the case of shoes the soles of which do not consist entirely or partly of leather—the words ‘synthetic sole’, or ‘non-leather sole’;

(d) in the case of shoes the uppers of which consist partly of leather—a true statement of the material composing the upper;

(e) in the case of shoes the uppers of which do not consist entirely or partly of leather—the words ‘synthetic upper’, or ‘non-leather upper’;

(f) in the case of shoes the quarter linings of which consist partly of leather—a true statement of the materials composing the quarter lining; and

(g) in the case of shoes the quarter linings of which do not consist entirely or partly of leather—the words ‘synthetic quarter lining’ or ‘non-leather quarter lining’.

“(2) For the purposes of this regulation, a sole shall be deemed to consist entirely of leather if the only material in the sole, other than leather, consists of one or more of the following:—

(a) ordinary fillers of cork or waterproof felt;

(b) canvas used to reinforce the inner sole of the shoe;

(c) shanks made entirely of leather-board, fibreboard, wood, metal or plastic, or a combination of any such materials, and used only for strengthening the sole of the shoe at the waist;

(d) wood, plastic or metal used in the heel of the shoe; and

(e) stiffening made entirely of leather-board, fibreboard, metal, plastic, canvas of other similar substance, glue or other similar substance, or any combination of such materials, where the stiffening is used only for the purpose of supporting the upper of the shoe at the heel or toe.

“(3) Subject to sub-regulation (4), the trade description referred to in sub-regulation (1) shall be stamped, impressed or embossed on the shoe in clearly legible letters not less than 2.5mm in height in any one of the following positions:—

(a) on the waist of the outer sole of the shoe;

(b) on the inside of the upper above the waist of the shoe; or

(c) on the heel seat or waist area of the sock lining or, where there is no sock lining, on the heel seal or waist area of the inner sole.

“(4) Where the material of a shoe does not reasonably allow for the trade description to be stamped, imprinted or embossed on it the trade description shall be stamped or impressed on a label of rubber, plastic or durable cloth and affixed to the shoe by means of vulcanization or adhesion.”.

Pre-packed articles—weight or measure.

8. Regulation 20a of the Commerce (Imports) Regulations is amended by omitting from sub-paragraph (iv) of paragraph (b) of sub-regulation (2) the words “shall be in the English language and,”.

Printed by Authority by the Government Printer of Australia

Overview

The Commerce (Trade Descriptions) Act 1905-1973 was enacted to regulate trade descriptions to prevent misleading or deceptive practices in commerce. This Act was introduced to address issues concerning the accuracy of descriptions of goods to protect consumers from being misled by false or deceptive information. The Act provides the framework under which regulations concerning the description of goods can be made. The Regulations under the Commerce (Trade Descriptions) Act 1905-1973, made by the Governor-General acting on the advice of the Executive Council, aim to ensure that trade descriptions are accurate and clear, particularly in relation to imported goods such as shoes. These regulations were designed to enhance consumer protection by requiring specific and truthful information on the materials and components of imported goods, thereby preventing misleading trade descriptions.

Scope and Application

The Regulations under the Commerce (Trade Descriptions) Act 1905-1973, as amended by Statutory Rules 1974 No. 136, apply to imported goods, specifically focusing on the trade descriptions and labelling requirements for shoes and other footwear. These regulations are designed to ensure that consumers receive accurate information about the materials and composition of the shoes they purchase. The regulations mandate that certain descriptors must be included in the trade description of shoes, such as specifying the materials of the sole, upper, and quarter lining, and require these descriptors to be clearly visible on the shoe or a label attached to it. Additionally, the regulations amend existing definitions and requirements for trade descriptions and stipulate that these descriptions must be in the English language. The geographic reach of these regulations is national, as they pertain to imports entering Australia and are enforced under Commonwealth authority. The regulations do not explicitly state any exclusions or exemptions, but they do allow for the application to be extended or restricted through subordinate instruments, such as further amendments or additional regulations.

Key Provisions

The Regulations, which come into operation on 1 November 1974, amend the Commerce (Imports) Regulations under the Commerce (Trade Descriptions) Act 1905-1973. The primary changes introduced by these Regulations include modifications to definitions and trade description requirements for specific goods. For instance, the definition of "shoes" is expanded to include boots, sandals, and other footwear, but excludes socks, stockings, or other hose (Regulation 2). The definition of "sole" is clarified to specify that it includes the heel and excludes certain elements such as the inner sole, sock lining, and various hardware components (Regulation 2). Additionally, "upper" is defined as the outer covering of the shoe above the inner sole, excluding any adornments (Regulation 2). These Regulations impose several obligations on parties importing goods into Australia. Importers must ensure that the trade description of shoes includes specific information about the materials used in the sole, upper, and quarter lining. For example, shoes with all-leather soles must be described as "all leather sole," while those with mixed or non-leather materials must state the exact composition or use terms like "synthetic sole" or "non-leather sole" (Regulation 15b). Furthermore, the Regulations mandate that trade descriptions must be in English and must be either stamped, impressed, or embossed on the shoe or affixed to a label (Regulation 15b). Failure to comply with these Regulations can result in legal consequences. While the Regulations do not explicitly detail offences or penalties, breaches of trade description requirements under the Commerce (Trade Descriptions) Act 1905-1973 can lead to significant civil and criminal penalties. Under the Act, penalties for misleading or deceptive conduct can include fines of up to $1.1 million for corporations and $220,000 for individuals, as well as potential imprisonment terms. These provisions underscore the importance of adherence to the stipulated trade description requirements to avoid severe legal repercussions.

Area of Law: Commercial Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Enforcement Powers

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions