Commerce Regulations 1913 (Amendment)

Overview

The Statutory Rules 1918 No. 292, made under the Commerce (Trade Descriptions) Act 1905, address the need for consistent grading and marking standards for butter and cheese intended for export. Enacted by the Governor-General, R. M. Ferguson, on the advice of the Federal Executive Council, these regulations aim to ensure that exported dairy products meet specified quality criteria. The policy objective is to maintain the integrity of Australian dairy exports by establishing clear and enforceable standards for grading and marking butter and cheese, thus protecting consumer interests both domestically and internationally. These regulations replace previous standards and introduce new grading criteria and marking requirements, reflecting contemporary trade practices and quality expectations.

Scope and Application

The Commerce (Trade Descriptions) Act 1905 regulates the grading and marking of butter and cheese intended for export within the Commonwealth of Australia, applying to all entities engaged in the export of these dairy products. The Act mandates that butter and cheese submitted for export must be graded in accordance with specified standards, ensuring that products meet certain quality benchmarks. The regulations detail distinct categories for butter and cheese, ranging from choicest to third grade, based on point scores that reflect purity and quality. These regulations apply to any person or entity exporting butter or cheese, and the geographic scope of the Act is limited to the Commonwealth of Australia. While the Act focuses on the exportation of butter and cheese, it does not explicitly outline exclusions or exemptions, leaving it to be inferred that all exported dairy products must comply with the set standards. The Act's reach and application are further extended through subordinate instruments, which may provide additional detail or clarification on specific aspects of the grading and marking process.

Key Provisions

The main operative sections of these regulations, found under the Commerce (Trade Descriptions) Act 1905, establish specific standards for grading and marking butter and cheese that are intended for export. Regulation 34 requires that all butter and cheese must be graded according to the standards outlined in regulations 35 and 36. Regulation 35 details the grading standards for butter, with categories ranging from the choicest grade of pure creamery butter, which must score between 92 to 100 points, down to pastry butter which scores less than 82 points. Regulation 36 sets out similar standards for cheese, with grades ranging from superfine pure cheese, which must score between 95 to 100 points, to 3rd grade pure cheese, which scores between 75 to 82 points. Regulation 40 mandates that an officer must apply the official grade mark to all butter and cheese that are submitted for grade marking for export, ensuring that the grade is clearly indicated. The obligations and requirements imposed by these regulations on the parties involved primarily concern the proper grading and marking of butter and cheese. Producers, exporters, and grading officers must adhere to the specified standards for grading butter and cheese as detailed in regulations 35 and 36. This includes ensuring that the products meet the required points for their respective grades and that the appropriate grade marks are applied by the officer as stated in regulation 40. These obligations are crucial to maintaining the integrity and quality of Australian dairy exports and ensuring compliance with trade descriptions laws. The legislation does not explicitly state offences, penalties, or specific civil or criminal consequences for breach of these regulations. However, under the broader authority of the Commerce (Trade Descriptions) Act 1905, breaches of trade descriptions laws can result in significant penalties. Generally, under Australian law, penalties for such breaches can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature of the breach and could be determined by a court or tribunal. Compliance with these regulations is essential to avoid potential legal ramifications and to uphold the standards of the Australian dairy industry.