Commerce Regulations 1913 (Amendment)

Overview

The Commerce (Trade Descriptions) Regulations 1917 were enacted to address the need for clearer and more detailed trade descriptions for certain goods, particularly leather and dairy products, in line with the Commerce (Trade Descriptions) Act 1905. This legislative instrument was introduced by the Governor-General in Council, under the authority granted by the Australian Parliament, to ensure transparency and accuracy in trade descriptions, thereby protecting consumers and maintaining fair trade practices. The primary policy objective of these regulations is to mandate explicit declarations of any loading substances in leather, excluding specified amounts of glucose, sugar, fats, and oils, and to establish a grading system for butter and cheese intended for export, ensuring that these products meet specified quality standards.

Scope and Application

The Commerce (Trade Descriptions) Regulations 1917, made under the Commerce (Trade Descriptions) Act 1905, apply to various industries and products, particularly those involved in the trade of goods that require specific labelling or descriptions to prevent misleading information. These regulations primarily concern entities involved in the manufacture, preparation, or trade of leather products, including those who load leather with substances to alter its properties. The scope extends to both mineral and other weighting substances, requiring explicit labelling of the substances and their percentages. However, exceptions are made for glucose and sugar in concentrations up to 3% combined, as well as fats and oils used in the manufacturing process. Additionally, the regulations address the grading of butter and cheese for export, requiring specific grade markings based on the product's quality points. The regulations have a national reach, applying across the Commonwealth of Australia. Their application is further extended or restricted through subordinate instruments as necessary, ensuring compliance and the provision of accurate trade descriptions.

Key Provisions

The primary operative sections of these regulations involve amendments to existing provisions concerning the trade descriptions for leather and the introduction of a new regulation for the grade marking of butter and cheese. Regulation 8, 13 and 27 are amended to require that any trade description of leather must specify the name and percentage of any loading substances used, with certain exceptions for glucose, sugar, and fats and oils (Reg. 8(k), 13(k), 27(b)). Regulation 40 is repealed and replaced with new provisions for the official grade marking of butter and cheese, specifying that butter and cheese must be marked according to their grade, with categories ranging from Superfine to Below Standard (Reg. 40). These regulations impose specific obligations on the parties involved in the trade of leather, butter, and cheese. For leather, manufacturers and sellers must accurately disclose the presence and percentage of any loading substances in their trade descriptions, except for glucose, sugar, and fats and oils (Reg. 8(k), 13(k), 27(b)). For butter and cheese, those submitting products for grade marking must ensure they are correctly graded and marked according to the specified points, with appropriate labels applied for export (Reg. 40). Failure to comply with these regulations may result in various civil or criminal consequences. Although the specific penalties are not detailed in the provided text, breaches of trade description regulations can generally lead to fines, product seizure, or other enforcement actions under the Commerce (Trade Descriptions) Act 1905. The penalties for non-compliance can vary, but they typically include financial penalties or legal actions to rectify the breach.