Commerce Regulations 1913 (Amendment)

Overview

The Statutory Rules 1917, No. 113, made under the Commerce (Trade Descriptions) Act 1905, aim to amend the standards set by the Commerce Regulations 1913. Enacted by the Governor-General, with advice from the Federal Executive Council, these regulations sought to address the need for clearer definitions and quality standards in the trade of condensed skimmed milk. The problem this legislation aimed to resolve was the lack of specific criteria for the composition of condensed skimmed milk, which had led to ambiguity and potential consumer deception in trade practices. The policy objective of these regulations is to ensure that condensed skimmed milk adheres to precise compositional standards, protecting consumers from misleading trade descriptions. This was achieved by specifying that condensed skimmed milk must contain a minimum of 24.5 per cent milk solids and only contain butter fat as its fat content.

Scope and Application

The Regulation under the Commerce (Trade Descriptions) Act 1905, made on 18 May 1917, amends the Commerce Regulations 1913 to establish specific standards for the trade description of condensed skimmed milk. This regulation applies to any person or entity involved in the manufacture, sale, or distribution of condensed skimmed milk within the Commonwealth of Australia, ensuring compliance with the specified compositional requirements. It mandates that condensed skimmed milk must be derived from milk from which the butter fat has been wholly or partially removed and must contain no fat other than butter fat, as well as a minimum of 24.5 per centum of milk solids. This regulatory framework is designed to maintain transparency and consumer protection within the dairy industry by ensuring the accurate labelling and composition of milk products. The amendment, which came into effect on 1 September 1917, is part of a broader legislative effort to standardise trade descriptions and protect consumers from misleading or deceptive practices. The regulation extends to all states and territories within Australia, thus enforcing a uniform standard across the nation. The scope of this regulation is limited to the compositional standards of condensed skimmed milk, and no exclusions or exemptions are specified in the text. Any further application or enforcement of these standards may be extended through subordinate instruments, as permitted under the overarching Commerce (Trade Descriptions) Act 1905.

Key Provisions

The Regulation under the Commerce (Trade Descriptions) Act 1905, as specified in Statutory Rules 1917, No. 113, primarily concerns the amendment of standards for certain dairy products, particularly condensed skimmed milk (section 2). According to the regulation, condensed skimmed milk must be milk from which butter fat has been wholly or partially removed, and it must contain no fat other than butter fat. Additionally, it must contain not less than 24.5 per centum of milk solids (section 2(a) and (b)). Entities or parties involved in the production, importation, or sale of condensed skimmed milk are required to adhere to these standards. They must ensure that the product meets the specified composition criteria, including the fat content and the minimum percentage of milk solids. Compliance with these standards is essential to ensure the product is correctly labelled and meets the quality and safety standards expected under the Act (section 3). Failure to comply with the standards set forth in the regulation may result in legal consequences. The Act outlines that non-compliance with trade descriptions regulations can lead to civil or criminal penalties. Specifically, individuals or entities found to be in breach of these standards may face fines or other penalties as prescribed by law. The exact penalties may vary depending on the severity and intent of the breach but are subject to the maximum penalties stipulated under the relevant sections of the Commerce (Trade Descriptions) Act 1905 (section 4).