Commerce Regulations 1913 (Amendment)

Overview

The Statutory Rules 1918, No. 283, made under the Commerce (Trade Descriptions) Act 1905, address the issue of trade descriptions and regulations concerning goods brought into or shipped within Australia. Enacted by the Governor-General in accordance with the Federal Executive Council's advice, the regulation aims to modify existing rules to accommodate specific exceptions for ships' stores. This legislative instrument was introduced to refine the application of trade description regulations, ensuring that they do not overly restrict the supply of essential items to ships in Australian ports while maintaining standards for other goods. The regulation seeks to strike a balance between facilitating maritime trade and enforcing compliance with trade description laws.

Scope and Application

The Regulation made under the Commerce (Trade Descriptions) Act 1905 applies specifically to the Commerce Regulations 1913, particularly concerning trade descriptions and standards for goods within Australia. It primarily governs the quality and description of goods, including ships' stores, that are brought to or shipped within Australia, excluding certain quantities of butter supplied to ships in Australia from its purview. This regulation extends to the entire Commonwealth, thereby ensuring a uniform standard across the nation. However, it provides an exemption for ships' stores, with a specific limit on the quantity of butter that can be considered as such, thereby allowing for a certain amount of flexibility in trade practices concerning ships' stores. This legislative instrument does not create any new exclusions or exemptions beyond those specified within its text, nor does it extend or restrict its application through subordinate instruments beyond what is outlined in the regulation itself.

Key Provisions

The main operative section of this legislation (Regulation 4) amends the existing Commerce Regulations 1913 by repealing Regulation 4 and inserting a new regulation (Regulation 4). The new regulation clarifies the scope of application, stipulating that the provisions of these Regulations do not apply to ships’ stores brought to or shipped in Australia. However, there is a specific exception for butter supplied to a ship in Australia, which is limited to a quantity not exceeding ten 56-lb. boxes or their equivalent. This regulation aims to provide clarity on what constitutes ships’ stores and to establish a limit on the quantity of butter that can be considered as such. The Act imposes several obligations and requirements on the parties governed by it. Firstly, it mandates that the provisions of these Regulations do not apply to ships’ stores, which includes any goods brought to or shipped in Australia for use on ships. Secondly, it requires that any butter supplied to a ship in Australia must not exceed the specified limit of ten 56-lb. boxes or their equivalent. These obligations are intended to ensure that the regulations do not unduly interfere with the operational needs of ships while still maintaining some level of oversight and control over certain goods, particularly those that may be subject to different standards or requirements. In terms of offences, penalties, or consequences for breach, the statutory rules themselves do not explicitly detail any specific offences or penalties. However, the underlying Act, the Commerce (Trade Descriptions) Act 1905, likely provides a framework for enforcement and penalties. Generally, breaches of trade descriptions regulations can result in civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the seriousness of non-compliance with trade standards and regulations. The exact penalties would be determined in accordance with the provisions of the Act and any applicable case law.