STATUTORY RULES.
1923 No. 194.
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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, hereby make the following Regulation under the Commerce (Trade Descriptions) Act 1905, to come into operation forthwith.
Dated this eleventh day of December, 1923.
FORSTER,
Governor‑General.
By His Excellency’s Command,
AUSTIN CHAPMAN,
Minister of State for Trade and Customs.
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Amendment of Commerce (Meat Export) Regulations 1923.
(Statutory Rules 1923, No. 36.)
Paragraph (3) of regulation 100 of the Commerce (Meat Export) Regulations, 1923, is repealed and the following inserted in its stead:—
(3) A sum of l½d. for each quarter of beef or part thereof and the sum of ½d. per carcass of mutton or part thereof shall be paid to the Collector in respect of the re‑inspection of meat received at canning factories and examined at time of slaughter by other than an Inspector authorized by these Regulations.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C18666.—Price 3d.
Overview
The Statutory Rules 1923 No. 194, enacted under the authority of the Commerce (Trade Descriptions) Act 1905, address the need for consistent and accurate labelling and description of trade goods within Australia. These regulations were introduced to ensure that the import and export of goods, particularly meat products, are subject to appropriate standards and oversight. The enactment of these regulations was overseen by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and they came into operation immediately upon their publication. The policy objective of these regulations is to maintain the integrity and transparency of trade descriptions, ensuring that consumers and other stakeholders have accurate information about the goods they are dealing with. This legislative measure aimed to improve the quality control and verification processes for meat exports, ensuring that they meet the required standards before leaving the country.
Scope and Application
The Commerce (Trade Descriptions) Act 1905 governs the labelling, packaging, and advertising of goods in interstate trade and commerce within Australia, with the purpose of ensuring that consumers receive accurate information about the products they purchase. The Act applies to any person or entity engaged in trade or commerce, encompassing both domestic and imported goods, and is intended to regulate the descriptions used in the marketing of these goods to prevent misleading or deceptive conduct. The Act's jurisdiction extends across the Commonwealth, thereby providing a uniform standard for trade descriptions throughout Australia. The Act does not explicitly state exclusions or thresholds, but it is understood that certain goods or specific industries may be subject to additional regulations or standards under other pieces of legislation. The application of the Act can also be extended or restricted through subordinate instruments, such as regulations or codes of practice, which provide further detail and specific requirements for different goods and industries. These subordinate instruments can include specific exclusions, exemptions, or thresholds tailored to the particular characteristics and needs of different sectors.
Key Provisions
The primary operative sections of these regulations under the Commerce (Trade Descriptions) Act 1905 (section 6) concern the amendment of the Commerce (Meat Export) Regulations 1923. Specifically, section 100(3) is repealed and replaced with a new provision that requires a fee to be paid to the Collector for the re-inspection of meat at canning factories. This re-inspection is mandated for meat that was initially examined at the time of slaughter by someone other than an Inspector authorised by these Regulations. The fees specified are 1½d for each quarter of beef or part thereof, and ½d per carcass of mutton or part thereof (section 1).
These regulations impose specific obligations on the parties involved in the meat export process. Those responsible for canning meat that was inspected by someone other than an authorised Inspector must ensure that the appropriate fees are paid for the re-inspection of the meat. This requirement is crucial to maintain the integrity and compliance of the meat export process. Failure to pay the stipulated fees could result in non-compliance with the regulations and potentially affect the legality of the meat export.
In terms of penalties and consequences, the regulations do not explicitly state penalties for non-payment of the specified fees. However, failure to comply with the re-inspection requirement and the associated fee payment could lead to regulatory action. This might include the detention of meat consignments, fines, or other enforcement actions as deemed appropriate by the relevant authorities. While the exact penalties are not detailed in the regulations, it is clear that adherence to these financial obligations is critical to avoid potential legal repercussions.