STATUTORY RULES.
1916. No. 195.
________
REGULATIONS UNDER THE COMMERCE TRADE DESCRIPTIONS) ACT 1905.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation No. 35 under the Commerce (Trade Descriptions) Act 1905 to come into immediate operation, and the following Amendment to the First Schedule standards of the Commerce Regulations 1913 to come into operation on and from the 1st December, 1916.
Dated this twenty-third day of August, 1916.
R. M. FERGUSON,
Governor-General,
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for TRADE and Customs.
____________
Amendment or the Commerce Regulations 1913
(Statutory Rules 1913, No. 347).
1. Regulation 35 of the Commerce Regulations 1913 is hereby repealed, and the following Regulation substituted in its stead:—
“Grading of Butter and Cheese,
“35. In case of such written request by the exporter, the officer shall grade butter as follows:—
Superfine.—Pure creamery butter, graded at 95 to 100 points.
First Grade.—Pure creamery butter, graded at 90 to 94 points.
Second Grade.—Pure butter, graded at 85 to 89 points.
Third Grade.—Pure butter, graded at 80 to 84 points.
Pastry Butter,—Pure butter graded at less than 80 points.”
2. The First Schedule standards of the Commerce Regulations (Statutory Rules 1913, No. 347) are hereby amended in respect to the standard for Condensed Milk by the cancellation of the words “when containing such sugar, it shall also contain not less than 9 per cent. of butter fat” and the substitution therefor of the words “whom containing such sugar, it shall also contain not less than 8.5 per cent. of butter fat”.
______________________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.10495.—Price 3d.
Overview
The Commerce (Trade Descriptions) Act 1905 was enacted to provide a legal framework for ensuring that goods are accurately described in trade, thereby protecting consumers and maintaining fair trading practices. This Act aimed to address the problem of mislabelling and deceptive trade descriptions, which could mislead consumers about the quality and nature of products. The Act empowers the Governor-General, in conjunction with the Federal Executive Council, to establish regulations that enforce these standards, as evidenced by the amendment to the Commerce Regulations 1913. This amendment, detailed in Statutory Rules 1916, No. 195, introduces specific grading standards for butter and modifies the butter fat content requirement for condensed milk. The intent behind these changes is to ensure that trade descriptions are clear, accurate, and do not deceive consumers, thereby upholding the integrity of trade and commerce.
Scope and Application
The Commerce (Trade Descriptions) Act 1905, as amended by the Statutory Rules 1916, No. 195, applies to all persons and entities engaged in the trade and commerce of goods within the Commonwealth of Australia, specifically addressing the grading of butter and the standards for condensed milk. This legislation mandates precise trade descriptions for butter, categorising it into various grades based on specific quality points, ensuring consumer transparency and fairness in commerce. It also adjusts the standards for condensed milk by lowering the minimum butter fat content requirement, reflecting changes in quality benchmarks. The regulations extend their reach to encompass all interstate and international trade activities within Australia, ensuring consistency and compliance across different states and territories. The Act does not explicitly state any exclusions or exemptions, implying a broad application to all relevant industries unless otherwise specified by subordinate instruments. These subordinate instruments may further define or refine the scope of the Act, providing detailed guidelines and additional standards to support the overarching legislation.
Key Provisions
The main operative sections of this legislation are Regulation 35 and the amendment to the First Schedule of the Commerce Regulations 1913. Regulation 35 establishes a grading system for butter, categorising it into five distinct grades based on scoring points (Reg. 35). This regulation specifies that if an exporter requests, the officer must grade butter as Superfine (95 to 100 points), First Grade (90 to 94 points), Second Grade (85 to 89 points), Third Grade (80 to 84 points), or Pastry Butter (less than 80 points). The amendment to the First Schedule alters the butter fat content requirement for Condensed Milk, reducing it from 9 per cent to 8.5 per cent (Reg. 2).
The obligations imposed by these regulations primarily concern exporters and officers involved in the grading of butter. Exporters must request a grade if they desire their butter to be classified according to the specified standards. Officers, on the other hand, are mandated to follow the prescribed grading criteria when requested by an exporter, ensuring that the butter is accurately assessed and labelled according to its score.
Breaches of these regulations may lead to legal consequences, although the specific penalties are not detailed in the provided text. Generally, under the Commerce (Trade Descriptions) Act 1905, violations can result in both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could encompass imprisonment, reflecting the seriousness with which the law treats non-compliance with trade description standards. However, the exact penalties would be governed by the broader provisions of the Act and any relevant case law.