STATUTORY RULES.
1908. No. 127.
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, on account of urgency, the following Regulation under the Commerce (Trade Descriptions) Act 1905 should come into operation on the 15th day of March, 1909, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this 8th day of December, One thousand nine hundred and eight.
DUDLEY,
Governor-General.
By His Excellency’s Command.
FRANK G. TUDOR,
Part II.—Trade Descriptions of Imports.
Regulations 6 (2) (a) of the Regulations under the Commerce (Trade Description Act) 1905, made on 28th September, 1906 (Statutory Rule 1906, No. 84) is hereby amended to read as follows:—
“In the case of medicines prepared ready for use and containing 17.52 per cent. or more of proof spirit the trade description shall set out the proportion or quantity of proof spirit in the medicine.”
By Authority: J. Kemp, Government Printer, Melbourne.
C. 13002.—Price 3d.
Overview
The Provisional Regulation under the Commerce (Trade Descriptions) Act 1905, issued in 1908, was enacted to address a pressing need to clarify and regulate the labelling of medicinal products containing alcohol. This was achieved by specifying the proportion of proof spirit in medicines that are ready for use and contain 17.52 per cent. or more of proof spirit. The regulation was introduced to ensure consumers and healthcare professionals are adequately informed about the alcohol content in medicinal preparations, thereby enhancing transparency and safety in the pharmaceutical market. The regulation was made under the authority of the Governor-General in Council, and the policy objective was to amend existing regulations to include explicit instructions on the labelling requirements for alcohol content in medicinal products, as outlined in Regulation 6 (2) (a) of the 1906 regulations.
Scope and Application
The Provisional Regulation under the Commerce (Trade Descriptions) Act 1905, as certified by the Governor-General and coming into operation on 15 March 1909, specifically pertains to the regulation of trade descriptions for imported medicines. This legislative instrument amends Regulation 6(2)(a) of the earlier Regulations made on 28 September 1906, which originally provided for the trade descriptions of imported goods. The regulation applies to medicines that are ready for use and contain 17.52 per cent. or more of proof spirit. The amendment requires that the trade description of such medicines must explicitly state the proportion or quantity of proof spirit contained in them. This Act is applicable on a national level across Australia, enforcing the need for clear and accurate trade descriptions for medicines imported into the country. The regulation is a specific provision under the broader legislative framework and is designed to ensure transparency and consumer protection by mandating the disclosure of certain ingredients in imported medicinal products.
Key Provisions
The primary operative sections of the Statutory Rules 1908, No. 127, are found in Regulation 6(2)(a) of the Regulations under the Commerce (Trade Descriptions) Act 1905. These sections concern the trade descriptions for imported medicines that are prepared ready for use and contain 17.52 per cent or more of proof spirit. Specifically, Regulation 6(2)(a) requires that the trade description of such medicines must set out the proportion or quantity of proof spirit in the medicine (Reg. 6(2)(a)). This means that for any imported medicine meeting the specified criteria, the exact amount of proof spirit must be clearly indicated on the trade description.
The obligations imposed by this regulation on the parties or entities it governs, primarily importers and manufacturers of the specified medicines, are clear and direct. They must ensure that the trade descriptions for the medicines they import or produce accurately reflect the proportion or quantity of proof spirit contained within. This requirement is intended to provide consumers and healthcare professionals with transparent information about the composition of the medicines they use, facilitating informed decisions regarding their use and efficacy. By mandating this level of detail, the regulation aims to uphold standards of consumer protection and ensure that the information provided is both accurate and comprehensive.
Failure to comply with the requirements set forth in the regulation can result in civil or criminal consequences. Although the specific penalties are not detailed in the statutory rules, breaches of trade descriptions regulations typically carry potential fines or other penalties as stipulated by the relevant governing acts, such as the Commerce (Trade Descriptions) Act 1905. Importers and manufacturers found to be in non-compliance may face legal action, which could include financial penalties or, in more severe cases, criminal charges. The overarching intent of these potential consequences is to enforce adherence to the regulation and to deter any form of misrepresentation that could mislead consumers about the contents of the medicines they purchase or use.