Commerce (Imports) Regulations (Amendment) 1994 No. 103
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 103
Issued by the authority of the Minister for Small Business, Customs and Construction
Commerce (Trade Descriptions) Act 1905
Commerce (Imports) Regulations (Amendment)
Section 17 of the Commerce (Trade Descriptions) Act 1905 (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters or things required or permitted by the Act or which are necessary and convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 7(1) of the Act provides that the regulations may prohibit the importation or introduction into Australia of any goods unless there is applied to them a trade description of such character, relating to such matters, and applied in such manner, as is prescribed.
The Commerce (Imports) Regulations (the Regulations) prescribe the various labelling requirements for certain imported goods. Regulation 7 sets out a list of goods the importation of which is prohibited unless a trade description in accordance with the Regulations is applied to the goods. Subparagraph 7(1)(s)(ii) provides that goods, other than those contained in packages specified in Part II of Schedule 5, imported in the packages in which they are customarily sold are subject to the trade description requirements of the Regulations.
Paragraph (b) of item 19 of Part H of Schedule 5 (paragraph 19(b)) covers "... packages containing paper that is sold ... by number in quantities of more than four hundred and seventy nine sheets in wrapping applied to the paper at the mill at which it was produced and marked with the number of sheets contained in the wrapping and the dimension of each sheet."
A4 size photocopying paper is commonly imported in reams of 500 or more sheets, therefore paragraph 19(b) of Schedule 5 applies to exempt the labelling requirements of the Regulations, including requirements as to country of origin markings.
In response to concerns that large amounts of imported photocopying paper were being offered for sale with no indication of the country of origin the Government has decided to amend the Commerce (Imports) Regulations to remove the exception in paragraph 19(b) of Schedule 5 so that A4 size photocopying paper and other prepacked paper are no longer exempt from country of origin labelling requirements.
The regulations amend the regulations to omit item 19 of Part II of Schedule 5 and replace it with a new item 19 which covers only the packages previously described in paragraph (a) of item 19 (subregulation 4.2 refers). The effect of this change is that all imported pre-packed paper is subject to the labelling requirements of the regulations.
This opportunity has also been taken to effect two minor technical amendments to Schedule 5. First, the reference to the Therapeutic Goods Act 1966 in item 3 of Part I of the Schedule has been omitted and replaced with a reference to Therapeutic Goods Act 1989 (subregulation 3.1 refers).
Second, the reference to bottles imported before the first day of November 1977 in item 18 of Part H of the Schedule is now considered obsolete and has been omitted (subregulation 4.1 refers).
The regulations commence on 19 July 1994 (regulation 1.1 refers). This date is in accordance with the requirement in subsection 7(4) of the Act that any regulations made under section 7 must not take effect until after the expiration of 3 months from notification in the Gazette.
Overview
The Commerce (Imports) Regulations (Amendment) 1994 No. 103, issued under the authority of the Minister for Small Business, Customs and Construction, was enacted to address the issue of insufficient country of origin labelling on imported photocopying paper. This amendment to the Commerce (Trade Descriptions) Act 1905 was necessary due to concerns that large quantities of imported photocopying paper were being sold without any indication of their country of origin. The regulations amend the existing Commerce (Imports) Regulations by removing the exception in paragraph 19(b) of Schedule 5, thereby ensuring that all pre-packed paper, including A4 size photocopying paper, is subject to the country of origin labelling requirements. This change aims to provide greater transparency and consumer protection by ensuring that the origin of the goods is clearly marked. Additionally, the regulations include two minor technical amendments to Schedule 5, such as updating the reference to the Therapeutic Goods Act 1966 to the Therapeutic Goods Act 1989 and removing obsolete references to bottles imported before a certain date.
Scope and Application
The Commerce (Imports) Regulations (Amendment) 1994 No. 103 amends the Commerce (Imports) Regulations to alter the labelling requirements for imported goods, specifically targeting pre-packed paper products. The amendment applies to any person or entity importing paper products into Australia, which must now comply with the trade description requirements, including country of origin markings, as specified by the Regulations. The change is in response to concerns regarding the sale of imported photocopying paper without proper country of origin indications. This amendment extends to all pre-packed paper products, removing the previous exemption for packages containing more than 479 sheets of paper. Additionally, the amendment includes minor technical corrections to the Regulations, such as updating references to the Therapeutic Goods Act and removing obsolete references to certain bottle imports. These regulations are applicable nationally and will take effect on 19 July 1994, in compliance with the statutory requirement for a three-month notification period.
Key Provisions
The key sections of the Commerce (Imports) Regulations (Amendment) 1994 No. 103 (the Amendment) provide that the importation of pre-packed paper into Australia is now subject to specific labelling requirements, including the need for country of origin markings. Regulation 7, as amended, removes the previous exemption for paper sold in quantities of more than 479 sheets that were packaged at the mill of production (section 4.2). This amendment ensures that all imported pre-packed paper must meet the trade description requirements, including the indication of the country of origin. Furthermore, the Amendment makes two minor technical adjustments to Schedule 5: it replaces the reference to the Therapeutic Goods Act 1966 with the Therapeutic Goods Act 1989 (section 3.1) and removes an obsolete reference to bottles imported before November 1977 (section 4.1).
The obligations imposed by the Amendment on importers include ensuring that all imported pre-packed paper, particularly A4 size photocopying paper, is accompanied by the necessary trade descriptions, including the country of origin. Importers must comply with these labelling requirements to avoid non-compliance with the Act and potential penalties. The Amendment also requires importers to adhere to the updated references in Schedule 5, reflecting the current legislative framework for therapeutic goods and removing outdated references.
Failure to comply with the labelling requirements outlined in the Amendment can result in civil and criminal consequences. Section 22 of the Commerce (Trade Descriptions) Act 1905 provides that any person who contravenes the regulations may be liable to penalties. The maximum penalty for contravening the regulations is a fine of up to 50 penalty units for an individual and 250 penalty units for a body corporate, with additional penalties for repeat offences. Additionally, the importation of non-compliant goods can lead to their seizure and destruction, as provided for in the Act.
The Amendment, effective from 19 July 1994, ensures that the new regulations take into account the legislative changes and remove outdated references, thereby maintaining the integrity of the import labelling requirements. The changes reflect the government's intent to address concerns about the sale of imported photocopying paper without country of origin information, thereby enhancing consumer protection and market transparency.