Commerce Regulations 1906 (Amendment)

Legislation au C1908L00017 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1908. No. 17.

 

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 Regulations under the Commerce (Trade Descriptions) Act 1905, to come into operation forthwith. Such Regulations to supersede the Provisional Regulations (Statutory Rules 1906, No. 85, and Statutory Rules 1907, Nos. 124, 106, and 94) under the said Act, made on the fifth day of October, 1906, the sixth day of December, the eleventh day of October, and the thirteenth day of September, 1907, respectively.

Dated this 13th day of February, One thousand nine hundred and eight.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

AUSTIN CHAPMAN.

 

Part III.—Trade Descriptions of Exports.

Regulation 8 of the Commerce Regulations 1906 (Statutory Rules 1906, No. 84) is amended by adding, at the end thereof, the following sub-section:—

“In the case of butter or cheese, if the exporter signs and delivers to the examining officer, at the appointed place to which the goods are sent for examination, a certificate truly setting out the particulars required by sub-section (3) of this Regulation, and the label or brand applied to the goods is legibly and distinctly marked with the number assigned to and marked on the certificate by the examining officer, it shall not be necessary to include those particulars in the label or brand.”

Regulation 8 (3) (f) of the Commerce Regulations, 1906 (Statutory Rules, 1906, No. 84), is hereby repealed, and the following Regulation is substituted therefor:—

8 (3) (f).—

1. In the case of Sole Leather containing any loading of any mineral or other weighting substance, the trade description shall state the name of the loading or other weighting substance contained in the Leather and the percentage thereof. Provided that in the case of Sole Leather containing not more than a total of 3 per cent. of Glucose and Sugar taken together, and not more than a total of 5 per cent. of Fats and Oils taken together, the trade description need not state the names or percentages of those substances.

2. In the case of Leather other than Sole, containing any loading of any mineral or other weighting substance other than Fats and Oils, the trade description shall state the name of the loading or other weighting substance contained in the Leather

C.4130.—Price 3d.


and the percentage thereof. Provided that in the case of Leather, other than Sole, containing not more than a total of 3 per cent. of Glucose and Sugar taken together, the trade description need not state the names or percentages of those substances.

Part IV.—Inspection of Exports.

Regulation 20 (b) of the Commerce Regulations, 1906 (Statutory Rules, 1906, No. 84), is hereby repealed, and the following Regulation is substituted therefor:—

20. (b).—

1. In the case of Sole Leather—the extent to which it contains any loading of any mineral or other weighting substance, and, if it contains any such substance, the name of such substance and the percentage thereof. Provided that in the case of Sole Leather containing not more than a total of 3 per cent. of Glucose and Sugar taken together, and not more than a total of 5 per cent. of Fats and Oils taken together, the Glucose, Sugar, Fats, and Oils shall not be taken to be weighting substances for the purposes of this Regulation.

2. In the case of Leather other than Sole—the extent to which it contains any loading of any mineral or other weighting substance other than Fats and Oils, and, if it contains any such substance, the name of such substance and the percentage thereof. Provided that in the case of Leather, other than Sole, containing not more than a total of 3 per cent. of Glucose and Sugar taken together, the Glucose and Sugar shall not be taken to be weighting substances for the purposes of this Regulation.

Regulation 22 of the Commerce Regulations 1906 (Statutory Rules 1906, No. 84) is hereby repealed, and the following Regulation is substituted therefor:—

22. When butter (except butter packed in tins) or meat has been inspected and examined in accordance with these Regulations, it shall be placed in a cool store, at an approved place, at a temperature not exceeding 25 degrees Fahrenheit in the case of butter (except in the case of butter intended for consumption in South Africa, when the temperature may be not more than 40 degrees Fahrenheit), and 20 degrees Fahrenheit in the case of meat, within twelve hours after such inspection and examination, and shall not be removed therefrom without the authority of an officer.

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.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1908, No. 17, under the Commerce (Trade Descriptions) Act 1905, were enacted to refine and update the regulations governing trade descriptions and inspection of exports in Australia. This legislative instrument was made by the Governor-General in Council and came into operation immediately, superseding earlier provisional regulations. The primary aim was to ensure consistency and accuracy in the trade descriptions of exports, particularly for items like butter, cheese, and leather, by updating and clarifying the requirements for labelling and certification. This was achieved through amendments to existing regulations, such as those concerning the inspection and storage of butter and meat, as well as the classification of butter based on quality. The policy objective is to maintain high standards in the export market, ensuring consumer protection and fair trade practices.

Scope and Application

The Commerce (Trade Descriptions) Regulations 1908, which supersede previous provisional regulations, apply to the labelling and inspection of exports, particularly focusing on products like butter, cheese, and various types of leather. These regulations are designed to ensure that exporters provide accurate and clear descriptions of the products being exported, which applies to all entities involved in the export of these goods within the Commonwealth of Australia. The regulations outline specific requirements for labelling and inspection procedures, including the necessity of certificates and temperature controls for certain products to maintain quality standards. Exclusions and exemptions are noted within the regulations, such as the allowance for certain substances in leather not needing explicit labelling if they are under specified percentages. These regulations extend the application of the Commerce (Trade Descriptions) Act 1905 by providing detailed operational guidelines and standards that must be adhered to by exporters.

Key Provisions

The Regulations under the Commerce (Trade Descriptions) Act 1905 introduce specific requirements for the labelling and inspection of exports, particularly focusing on leather and dairy products. Under Regulation 8, exporters of butter and cheese may avoid including certain particulars on the label or brand if they provide a certificate to an examining officer, as outlined in the new sub-section added to Regulation 8. Regulation 8(3)(f) is amended to mandate that trade descriptions for Sole Leather must include the type and percentage of any mineral or other weighting substances, with exceptions for certain low concentrations of glucose, sugar, fats, and oils. Similarly, for leather other than Sole, the trade description must specify any weighting substances except fats and oils, again with exceptions for glucose and sugar. These Regulations impose obligations on exporters to accurately describe their products and to provide specific certificates when required. Exporters of butter and cheese must sign and deliver certificates to examining officers, while those exporting leather must ensure their trade descriptions accurately reflect the contents of the products. The Regulations also require that inspected butter and meat be stored at specified temperatures within 12 hours of inspection, and that they not be removed without authority from an officer. Failure to comply with these Regulations may result in legal consequences. Although the specific penalties are not detailed in the text provided, under the Commerce (Trade Descriptions) Act 1905, breaches of these Regulations could lead to civil penalties, including fines. Additionally, serious or repeated breaches might result in criminal penalties, as outlined in the principal Act. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions in the overarching legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.