Commerce (Imports) Regulations (Amendment)

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Legislation au F1996B01320 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1949. No. .

————

REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

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 1905-1933.

Dated this twenty-seventh day of July, 1949.

J. NORTHCOTT

Deputy of the Governor-General.

By His Excellency’s Command.

(Sgd.) BEN COURTICE

Minister of State for Trade and Customs.

————

Amendments of the Commerce (Imposts) Regulations.†

Commencement.

1. These Regulations shall come into operation upon the expiration of three months from the date on which they are notified in the Gazette.

Repeal.

2. Statutory Rules 1947, No. 60 is repealed.

Definitions.

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

(a) by inserting after the definition of “ disease ” the following definition :—

“ ‘ fibre ’ means wool, re-processed wool, re-used wool, hair, silk, cotton, linen and any other fibrous material, whether natural or artificial; ”;

(b) by inserting after the definition of “ preservative ” the following definitions :—

“ ‘ re-processed wool ’ means the resultant fibre when wool has been spun, woven, knitted or felted into a textile product which, not, having been used in any way by a consumer, has subsequently been reduced to a fibrous state;

“ ‘ re-used wool ’ means the resultant fibre when wool (including re-processed wool) has been spun, woven, knitted or felted into a textile product, which, after having been used in any way by a consumer, has subsequently been reduced to a fibrous state; ”; and

 

* Notified in the Commonwealth Gazette on , 1949.

† Statutory Rules 1940, No. 280.

3119.—Price 3d. 15/21.7.1949.


(c) by adding at the end thereof the following definition:–

“ ‘ wool ’ means the natural fibre from the fleece of any variety of domestic sheep or lamb, other than the fibre from re-processed wool or re-used wool.”.

4. Regulation 7 of the Commerce (Importe) Regulations is repealed and the following regulation inserted in its stead :—

Conditional prohibition of certain imports.

“ 7. The importation of the following goods is prohibited unless there is applied to those goods a trade description in accordance with these Regulations :—

(a) articles used for food or drink by man, or from which food or drink for use by man is manufactured or prepared ;

(b) medicines or medicinal preparations for internal or external use ;

(c) manures ;

(d) agricultural seeds ;

(e) plants ;

(f) textile products, being—

(i) apparel ;

(ii) woven, knitted, or felted materials manufactured from fibre, including blankets, rugs, tops and yarns ;

(g) boots and shoes ;

(h) jewellery ;

(i) brushware ;

(j) china, porcelain, earthenware and enamelled hollowware of the following kinds :–

(i) articles of a description commonly used in connexion with the serving of food or drink for man ; and

(ii) kitchenware and kitchen utensils ;

(k) electrical appliances, apparatus and accessories, including electric incandescent lamps ;

(l) powder puffs ;

(m) toys ;

(n) cigarette papers and cigarette tubes ;

(o) Portland cement ;

(p) sanitary and lavatory articles of earthenware, fireclay, vitreous china or similar substances or materials ;

(q) wall, hearth and floor tiles ; and

(r) watches and clocks and movements for watches and clocks.”.

Trade description—general requirements.

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

(a) by omitting sub-paragraph (ii) of paragraph (b) and inserting in its stead the following sub-paragraph :—

“ (ii) in the case of goods specified in paragraph (a), (b), (c), (d) or (e) of the last preceding regulation—a true description of the goods; ”; and


(b) by adding at the end thereof the following paragraph :—

“ ; and (d) Any matter included on the label or brand, additional to that specified in those Regulations, shall not be such as will, by illustration, by wording or by size of lettering, tend to contradict or obscuro the specified particulars.”.

Textile products and boots and shoes.

6. Regulation 15 of the Commerce (Imports) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “, and shall, whenever practicable, be applied by means of indelible stamping ”;

(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation :—

“ (2.) Where articles of apparel are manufactured of fibrous material containing not more than 5 per centum of fibre other than the preponderating fibre, the name of the preponderating fibre (for example, ‘ Wool ’) may be used to indicate the nature of the material In other cases, the trade description shall set out the names of the fibres present in the material in the order of dominance and shall state the percentage, by weight, of each.”;

(c) by omitting sub-regulations (4.) and (5.) and inserting in their stead the following sub-regulations :—

“ (4.) In the case of textile products, the trade description shall specify the names of the fibres of which the material is composed in order or dominance, and shall state the percentage, by weight, of each.

“ (5.) Where the material does not contain more than 5 per centum of fibre other than the preponderating fibre, the name of the preponderating fibre may be used in the trade description to indicate the nature of the material For example, material containing 95 per centum by weight of wool may be described as ‘ All Wool ’.”; and

(d) by adding at the end thereof the following sub-regulations :—

“ (10.) For the purposes of this regulation, wool, re-processed wool and re-used wool shall be deemed to be separate fibres.

“ (11.) The wording of any label or brand affixed in accordance with this regulation shall be in the English language.

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

7. The Commerce (Imports) Regulations are amended by adding at the end thereof the following Schedule :—

“ THE THIRD SCHEDULE. Reg. 15 (12.)

Goods not Subject to Regulation 15.

Men’s and Boys’ Wear—

Handkerchiefs ; Collars, Braces, Belts ; Garter Suspenders ; Arm Bands.


Women’s and Children’s Wear—

Handkerchiefs ; Corsets ; Brassières ; Belts ; Handbags ; Collars ; Neckwear, Textile materials commonly used in the manufacture of footwear.

Baby Wear—

Baby Squares of Flannelette, Terry or Muslin ; Baby Bibs.

Household Drapery—

Terry Towels ; Terry Towelling ; Face Washers ; Bath Mats ; Mattress Cases ; Mattress Covers ; Bed Ticking ; Ticking ; Serviettes ; Doileys ; Tray Cloths ; Centres ; Runners ; Duchess Sets ; Mosquito Netting and covers made therefrom ; Butter Muslin and Gauze ; Floor Cloths ; Dish Cloths ; Dusters ; Cleaning Cloth ; Cleaning Cloths.

Furnishings—

Oil Baize ; Window Blinds ; Shade Blinds ; Sun Blinds ; Awnings ; Shower Curtains ; Underfelt made from waste underlinings ; Linoleum ; Coir Mats and Matting ; Paper Felt (for underlinings).

Canvas Goods—

Duck ; Canvas ; Sail Cloth ; Deck Chair Covers ; Beach and Garden Umbrella Coverings.

Haberdashery.

Ribbons forming part of manufactured articles.

Ornaments and artificial flowers.

Goods of industrial usage—

Printers’ and Signwriters’ Cloth ; Bookbinding Cloth ; Filter Cloth ; Undertakers’ Cloth ; Sweat Rags ; Mop Cloth ; Ticket Buckram.

Medical and Surgical Goods—

Bandages ; Dressings ; Sanitary Pads ; Materials forming part of manufactured medical and surgical aids.

Garment and Headwear Linings or Trimmings—

Woven, knitted, felted or other materials, commonly used for the purpose of linings, interlinings or trimmings in the manufacture of or making up of garments and headwear.

Jute products.

Miscellaneous goods—

Cords ; Twines ; Lashings ; Firemen’s Hose ; Garden Hose ; Pneumatic Tyres ; Toys ; Woven Labels ; Flex Coverings ; Sporting Goods used only for the purposes of sport and not including apparel ; Pillow Cotton ; Flannelette ; Table Damask.”.

 

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

Overview

The Commerce (Trade Descriptions) Regulations of 1949 were enacted under the authority of the Commonwealth of Australia to address the need for clearer and more accurate trade descriptions for imported goods. These regulations were established to prevent misleading trade descriptions that could deceive consumers about the nature and quality of the products they purchase. The enacting body responsible for these regulations was the Parliament of Australia, with the objective of ensuring that trade descriptions are truthful and not misleading. This legislative instrument aims to standardise the information provided on imported goods, ensuring that consumers are adequately informed about the composition and characteristics of the products they acquire. The regulations specifically target goods such as food items, textiles, footwear, and various household products, mandating that they must bear accurate trade descriptions to prevent consumer deception.

Scope and Application

The Commerce (Trade Descriptions) Act 1905-1933 and its accompanying regulations govern the labelling and description of imported goods in Australia. These regulations apply to various goods, including food, medicines, manures, agricultural seeds, plants, textile products, apparel, footwear, jewellery, kitchenware, electrical appliances, toys, cement, sanitary and lavatory articles, tiles, and watches. The regulations establish the conditions under which imported goods must be labelled with trade descriptions that accurately reflect their contents and composition. For instance, the regulations mandate that textile products and apparel must include the names of the fibres present in the material, listed in order of dominance and the percentage by weight of each. However, there are certain exclusions, such as men’s and boys’ wear, women’s and children’s wear, household drapery, furnishings, canvas goods, haberdashery, ribbons, ornaments, artificial flowers, goods of industrial usage, medical and surgical goods, garment and headwear linings or trimmings, jute products, and miscellaneous goods, which are not subject to these labelling requirements. The scope of the Act is extended through subordinate instruments, allowing for further clarification and implementation of the regulations.

Key Provisions

The Commerce (Trade Descriptions) Act 1905-1933 sets forth the key provisions of the Regulations made under it, which primarily focus on the trade descriptions of various imported goods. Section 1 of the Regulations states that they will come into operation three months after being notified in the Gazette. Section 2 repeals the Statutory Rules 1947, No. 60, indicating a revision in the regulatory framework. Definitions in Section 3 clarify terms such as "fibre," "re-processed wool," "re-used wool," and "wool," thereby establishing a lexicon for the types of materials and their states in the regulations. Section 4 imposes a conditional prohibition on the importation of certain goods, such as food articles, medicines, manures, agricultural seeds, plants, textile products, and others, unless they bear a trade description in accordance with the Regulations. The obligations imposed by the Act on the parties it governs include ensuring that the trade descriptions of imported goods are accurate and do not contradict or obscure specified particulars. Section 5 outlines the general requirements for trade descriptions, particularly emphasizing that for certain goods, the description must be true and that any additional matter on the label or brand should not contradict the specified particulars. For textile products and boots and shoes, Section 6 mandates that the trade description must specify the names of the fibres in order of dominance and their percentage by weight, with exceptions for materials containing up to 5% of a fibre other than the preponderating one. Labels and brands must be in English, and certain goods are exempt from these labelling requirements as listed in the Third Schedule. Breaches of these regulations can lead to significant consequences. The Act does not explicitly outline offences, penalties, or specific consequences for non-compliance within the provided excerpt. However, given the nature of the Act and its regulatory purpose, non-compliance could potentially lead to penalties under the broader legislative framework of the Commerce (Trade Descriptions) Act 1905-1933, which might include fines or other enforcement actions deemed necessary by the relevant authorities. The precise penalties would depend on the specific breaches and the discretion of the enforcing body.

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