STATUTORY RULES.
1924. No. 126.
REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulation under the Commerce (Trade Descriptions) Act 1905, to come into operation on the 1st November, 1924.
Dated this sixteenth day of August, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
H. E. PRATTEN.
Minister of State for Trade and Customs.
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Amendment of Commerce (Imports) Regulations 1923.
(Statutory Rules 1923, No. 37, as amended to this date.)
1. The schedule to the Commerce (Imports) Regulations 1923, is amended by the addition of the following standard for cocoa mass, cocoa paste and cocoa slab:—
Cocoa mass, cocoa paste, or cocoa slab, shall be the solid or semi-solid mass produced by grinding cocoa nibs, and shall contain not less than 45 parts per cent. of cocoa fat. The water and fat free residue of the cocoa mass shall contain not more than nineteen parts per cent. of starch naturally present in cocoa nibs or cracked cocoa (as determined by the Diastase method); not more than six and one-third parts per cent. of crude fibre; not more than eight parts per cent. of total ash; and not more than five and five-tenths parts per cent. of ash, insoluble in water; and not more than four-tenths of one part per cent. of ferric oxide.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1924 No. 126, enacted under the authority of the Commonwealth of Australia, address the need for specific quality standards for imported goods, particularly cocoa products. This legislative instrument amends the Commerce (Imports) Regulations 1923 to introduce new standards for cocoa mass, cocoa paste, and cocoa slab. The purpose of this regulation is to ensure that imported cocoa products meet certain quality specifications, including the proportion of cocoa fat and other compositional elements. This regulation was established to safeguard consumer interests and maintain the integrity of trade practices by setting precise benchmarks for the importation of cocoa products into Australia. The enactment reflects a policy objective to regulate trade descriptions accurately and to protect consumers from misleading or substandard products.
Scope and Application
The Commerce (Trade Descriptions) Act 1905, as implemented through Statutory Rules 1924, No. 126, pertains to the regulation of trade descriptions in commerce within the Commonwealth of Australia. This legislative instrument applies to the trade and importation of specific goods, such as cocoa mass, cocoa paste, and cocoa slab, ensuring that these products meet certain quality and composition standards. The Act is relevant to entities involved in the importation and sale of these goods, including importers, distributors, and retailers. The geographic reach of these regulations is national, applying uniformly across the Commonwealth of Australia. The Act establishes precise standards for the composition and allowable impurities of cocoa products entering the Australian market, thereby protecting consumer interests and maintaining consistent quality standards for these imported goods. Exclusions, exemptions, or thresholds are not explicitly detailed in the provided text, although the regulations can be further elaborated or restricted through subordinate instruments as necessary.
Key Provisions
The primary operative sections of this legislative instrument (C1924L00126) amend the Commerce (Imports) Regulations 1923 (Statutory Rules 1923, No. 37). Specifically, it introduces new standards for cocoa mass, cocoa paste, and cocoa slab. These products must be the solid or semi-solid mass produced by grinding cocoa nibs and must meet specific compositional criteria (Regulation 1). These include a minimum cocoa fat content of 45 parts per cent, and upper limits for the water and fat free residue of starch, crude fibre, total ash, ash insoluble in water, and ferric oxide.
This legislation imposes obligations on importers and manufacturers to ensure that cocoa mass, cocoa paste, and cocoa slab meet the specified standards before they are imported into or sold within Australia. Importers and manufacturers must verify the composition of these products to ensure compliance with the standards set out in the regulation. They must also maintain records and documentation to demonstrate compliance, which could be requested by regulatory authorities for inspection and verification.
Breach of these regulations may result in civil or criminal consequences. Although the specific penalties are not detailed in this excerpt, under the parent act, the Commerce (Trade Descriptions) Act 1905, penalties for non-compliance can include fines and, in severe cases, imprisonment. The maximum penalties depend on the severity and frequency of the breach, as well as the intent behind the non-compliance. The act also allows for the seizure and destruction of non-compliant goods.