Commerce (Trade Descriptions) Act 1905
No. 16, 1905
Compilation No. 15
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Commerce (Trade Descriptions) Act 1905 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title and commencement
1A General administration of Act in relation to imports
2 Incorporation
3 Interpretation
4 Application of trade description
Part II—Inspection of imports and exports
5 Inspection of imports and exports
6 Notice of intention to export
Part III—Imports
7 Prohibition of imports not bearing prescribed trade description
8 Imported goods found in Australia without prescribed trade description
9 Importation of falsely marked goods
9A Imported goods found in Australia with false trade description
10 Forfeiture of falsely marked goods
10AA Country of origin representations do not contravene certain provisions
Part IV—Exports
10A Application of Part
11 Prohibition of exports not bearing the prescribed trade description
12 Penalty for applying false trade description to exports
13 Exportation of falsely marked goods
14 Marking of goods for export
Part V—Miscellaneous
15 Review of decisions
16 Trade description disclosing trade secrets
17 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to Commerce with other Countries
Part I—Preliminary
1 Short title and commencement
This Act may be cited as the Commerce (Trade Descriptions) Act 1905 and shall commence on a day to be fixed by proclamation not being earlier than six months after the passing of this Act.
1A General administration…
Overview
The Commerce (Trade Descriptions) Act 1905 was enacted by the Commonwealth Parliament to address the problem of misdescriptions and false trade descriptions in the importation and exportation of goods. The Act aims to regulate trade descriptions to prevent misleading information about the nature, origin, and quality of goods being disseminated in commerce, thereby ensuring consumer protection and fair trade practices. The legislation mandates that specific trade descriptions be applied to imported goods to ensure transparency and compliance with national standards. It also empowers officers of Customs to inspect and examine goods to verify compliance with these regulations. The Act further prohibits the importation and exportation of goods with false trade descriptions, providing for penalties and forfeiture of non-compliant goods to the Crown. The Act has been amended numerous times to adapt to changes in trade practices, legal frameworks, and technological advancements, as evidenced by its legislative history.
Scope and Application
The Commerce (Trade Descriptions) Act 1905, as compiled on 14 October 2024, applies to the importation and exportation of goods across Australia, ensuring that these goods comply with specified trade descriptions to prevent misleading information about their nature, origin, or quality. The Act applies to individuals, businesses, and entities involved in importing or exporting goods, requiring them to adhere to prescribed trade descriptions and prohibiting the use of false trade descriptions. The Comptroller-General of Customs is responsible for the general administration of this Act in relation to imports, with the Act being incorporated and read as one with the Customs Act 1901. The Act also extends its application through subordinate instruments such as regulations, which can prescribe specific trade descriptions, penalties for non-compliance, and other necessary details for enforcing the Act. The geographic reach of the Act is national, governing trade descriptions across all states and territories in Australia. There are no stated exclusions or exemptions within the text of the Act; however, specific goods may be excluded from the application of certain provisions under other related legislation, such as the Export Control Act 2020 for export controls. The Act allows for modifications and editorial changes to be made without altering the original text of the law, and any such changes are noted in the endnotes of the compilation.
Key Provisions
- The Commerce (Trade Descriptions) Act 1905, as amended, governs the trade descriptions that must be applied to imported and exported goods. Key provisions of this Act include the requirements for trade descriptions on goods, the consequences of failing to comply with these requirements, and the penalties for non-compliance.
- Sections 7 and 11 of the Act allow the regulations to prescribe the trade descriptions that must be applied to imported and exported goods, respectively. If goods are imported or exported without the prescribed trade descriptions, they are subject to forfeiture under sections 8, 9, 10, 11, and 13. However, if the contravention was not intentional or reckless, the Comptroller-General of Customs may require the importer or exporter to correct the trade description within a specified period, avoiding forfeiture if compliance is achieved.
- Sections 9 and 12 prohibit the importation or exportation of goods with false trade descriptions. A false trade description is one that is misleading in a material respect or omits information that makes it misleading. Importers and exporters found guilty of contravening these sections face penalties of up to 100 penalty units. Notably, it is a defense in prosecutions under section 9(1) if the defendant can prove that they did not intentionally import the goods in contravention of the section.
- Section 10AA clarifies that certain country-of-origin representations do not constitute false trade descriptions if they comply with specified requirements under the Competition and Consumer Act 2010.
- Section 15 allows for the review of certain decisions made by the Comptroller-General of Customs under the Act. Decisions subject to review include those made under sections 7(3), 10(3), 11(3), and 13(3) of the Act.
- Lastly, section 17 empowers the Governor-General to make regulations necessary for the implementation and enforcement of the Act, including prescribing penalties for offences against the regulations, which may not exceed 50 penalty units.
- Area of Law
- Commercial Law
- Consumer Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Prohibited Conduct
- Regulatory Standards
- Offence Provisions
- Civil Penalty Provisions
- Enforcement Powers
