Commerce Regulations 1913 (Amendment)

Overview

The Statutory Rules 1917, No. 184, made under the Commerce (Trade Descriptions) Act 1905, aim to address the issue of ensuring transparency and authenticity in the trade of milled butter. Enacted by the Governor-General, with the advice of the Federal Executive Council, these regulations mandate that each package of milled butter must bear a stamp or mark, approved by the Comptroller-General, indicating the date of milling. This amendment to the Commerce Regulations 1913, specifically Regulation 13, was introduced to enhance consumer protection by providing clear and verifiable information about the product's production date. This measure ensures that consumers receive accurate information, thereby fostering trust and confidence in the quality and freshness of the goods they purchase.

Scope and Application

The Regulation under the Commerce (Trade Descriptions) Act 1905, as amended, applies to entities and persons involved in the production, sale, or distribution of milled butter within the Commonwealth of Australia. Specifically, the amendment pertains to the requirement that milled butter must bear a stamp or mark approved by the Comptroller-General, indicating the date of milling on the left-hand top corner of each outer covering displaying the trade description. This regulation aims to ensure transparency and traceability in the trade of milled butter, thereby protecting consumers and maintaining industry standards. The amendment extends to the entire Commonwealth and operates within the jurisdictional framework of the Commonwealth of Australia, ensuring a uniform approach to trade descriptions across the nation. The regulation does not explicitly state any exclusions or exemptions but operates under the broader provisions of the Act, which may include specific exclusions or thresholds outlined elsewhere in the legislative framework. Additionally, the application of this regulation may be further extended or specified through subordinate instruments issued under the authority of the Act.

Key Provisions

The statutory rules introduced under the Commerce (Trade Descriptions) Act 1905, through Statutory Rules 1917, No. 184, amend the existing Commerce Regulations 1913. Specifically, Regulation 13 is updated by adding a new paragraph (ca) that mandates a specific marking for milled butter. According to the new provision, each outer covering of milled butter must have a stamp or mark in the left-hand top corner of the side bearing the trade description (Reg. 13(ca)). This mark must indicate the date of milling and must be approved by the Comptroller-General. Under these regulations, the primary obligation falls on manufacturers and distributors of milled butter. They must ensure that each package of milled butter bears the required stamp or mark indicating the milling date. This requirement is designed to enhance transparency and inform consumers about the freshness of the product. The marking must be clearly visible and approved by the Comptroller-General, ensuring consistency and reliability in how the date is communicated. Breach of these regulations could result in various consequences. The specific offences and penalties are not outlined in the text, but generally, under the Commerce (Trade Descriptions) Act 1905, violations can lead to civil penalties or criminal charges depending on the severity and intent of the breach. The penalties for misleading trade descriptions can include fines and, in more serious cases, imprisonment. The exact penalties would be determined by the courts based on the particulars of the case, including any previous history of non-compliance or intent to deceive.