STATUTORY RULES.
1907. No. 94.
PROVISIONAL REGULATION 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 certify that the following Regulation under the Commerce (Trade Descriptions) Act 1905 should, on account of urgency, come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 13th day of September, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
AUSTIN CHAPMAN.
Part V.—Classification and Certification on request.
Regulation 28 of the Commerce Regulations 1906 (Statutory Rules 1906, No. 84) is hereby repealed, and the following Regulation is substituted therefor:—
28. The officer shall classify butter as follows:—
Superfine.—Pure creamery butter, containing not more than 14 per cent. of water, and classified at 95 to 100 points.
First grade.—Pure creamery butter, classified at 90 to 94 points.
Second grade.—Pure butter, classified at 83 to 89 points.
Third grade.—Pure butter, classified at 75 to 82 points.
Pastry butter.—Classified at less than 75 points.
By Authority: J. Kemp, Acting Government Printer, Melbourne.
C. 11278.—Price 3d.
Overview
The Statutory Rules 1907, No. 94, enacted by the Governor-General in Council, introduces Provisional Regulations under the Commerce (Trade Descriptions) Act 1905. This legislation aims to address the need for urgent regulation concerning the classification and certification of trade descriptions, specifically for butter products. The regulation was necessitated by the requirement to swiftly implement changes to the existing Commerce Regulations 1906, particularly to provide a more detailed classification system for butter that ensures consumer protection and market transparency. The policy objective is to establish a clear and consistent grading system for butter, thereby aiding consumers in making informed purchasing decisions.
The provisional nature of these regulations underscores their immediacy and importance, as they were enacted to come into effect without delay. The regulations provide specific criteria for classifying butter into various grades based on water content and quality points, thus replacing the previous classification system and aiming to standardise the trade descriptions of butter across the Commonwealth. This legislative instrument highlights the early commitment to consumer protection and the regulation of trade practices in Australia.
Scope and Application
The Provisional Regulation under the Commerce (Trade Descriptions) Act 1905, which is immediately effective, concerns the classification of butter. This regulation applies to the classification of butter by an officer, ensuring that it is accurately and fairly described for trade purposes. The regulation specifies different grades for butter based on their quality and moisture content, ensuring consumers receive products that meet certain standards. This Act operates within the Commonwealth of Australia and is applicable to anyone involved in the trade of butter, including manufacturers, retailers, and other entities dealing in butter products. It provides a clear framework for the classification and certification of butter, which is intended to protect consumers and maintain fair trade practices. There are no specific exclusions or exemptions mentioned in this regulation, and it extends its application to all butter products within the Commonwealth. The regulation is supported by subordinate instruments that may further define or detail the classification criteria, ensuring consistency and accuracy in the trade descriptions of butter.
Key Provisions
The main operative sections of this Statutory Rule revolve around the classification and certification of butter under the Commerce (Trade Descriptions) Act 1905. Regulation 28, as substituted by this Provisional Regulation, provides a detailed classification system for butter. Specifically, it sets out criteria for categorising butter into various grades based on water content and points classification (reg. 28). These categories include Superfine, First grade, Second grade, Third grade, and Pastry butter, each with specific requirements for water content and classification points.
The obligations imposed by this Act on parties or entities involved in the trade of butter are primarily centred on accurate classification and certification. According to regulation 28, anyone trading in butter must ensure that their product is correctly classified into one of the specified grades based on its water content and classification points. This ensures that consumers receive products that meet the standards set by the legislation and that there is transparency and fairness in the butter market.
Breaching the provisions of this Provisional Regulation can lead to various consequences, although the exact nature of these penalties is not detailed within the provided excerpt. Generally, under the Commerce (Trade Descriptions) Act 1905, offences related to misclassification or misrepresentation of goods can lead to civil or criminal penalties. The penalties can vary depending on the severity and intent of the breach but may include fines and, in more serious cases, imprisonment. However, the specific maximum penalties are not outlined in the text provided.