Commerce (Trade Descriptions) Amendment Act 2018

Administered by Department of Home Affairs

Legislation au C2018A00060 In force Act

Legislation content

 

 

 

 

 

 

Commerce (Trade Descriptions) Amendment Act 2018

 

No. 60, 2018

 

 

 

 

 

An Act to amend the Commerce (Trade Descriptions) Act 1905, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Country of origin representations

Commerce (Trade Descriptions) Act 1905

Schedule 2—Incorporation of information standards

Commerce (Trade Descriptions) Act 1905

 

 

 

Commerce (Trade Descriptions) Amendment Act 2018

No. 60, 2018

 

 

 

An Act to amend the Commerce (Trade Descriptions) Act 1905, and for related purposes

[Assented to 29 June 2018]

The Parliament of Australia enacts:

1  Short title

  This Act is the Commerce (Trade Descriptions) Amendment Act 2018.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

29 June 2018

2.  Schedule 1

The day after this Act receives the Royal Assent.

30 June 2018

3.  Schedule 2

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

29 December 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Country of origin representations

 

Commerce (Trade Descriptions) Act 1905

1  At the end of subsection 9(2)

Add:

Note: For rules about representations as to the country of origin of goods, see section 10AA.

2  At the end of section 9A

Add:

Note: For rules about representations as to the country of origin of goods, see section 10AA.

3  At the end of subsection 10(1)

Add:

Note: For rules about representations as to the country of origin of goods, see section 10AA.

4  At the end of Part III

Add:

10AA  Country of origin representations do not contravene certain provisions

 (1) For the purposes of sections 9, 9A and 10, goods:

 (a) do not have a false trade description applied to them; and

 (b) do not bear a false trade description;

only by the making of a representation of a kind referred to in an item in the first column of the table in subsection 255(1) of Schedule 2 to the Competition and Consumer Act 2010, if the requirements of the corresponding item in the second column are met.

 (2) Subsections 255(2), (5), (7), (8) and (9) of Schedule 2 to the Competition and Consumer Act 2010 apply in relation to subsection (1) of this section in a way corresponding to the way in which they apply in relation to subsection 255(1) of that Schedule.

 (3) Regulations made for the purposes of subsection 255(3) of Schedule 2 to the Competition and Consumer Act 2010 apply in relation to subsection 255(2) of that Schedule (as applied by subsection (2) of this section) in a way corresponding to the way in which they apply in relation to subsection 255(2) of that Schedule.

5  Application provision

Section 10AA of the Commerce (Trade Descriptions) Act 1905, as added by this Schedule, applies in relation to goods imported on or after the commencement of this item.

Schedule 2—Incorporation of information standards

 

Commerce (Trade Descriptions) Act 1905

1  After subsection 7(3)

Insert:

 (3A) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an information standard as in force or existing from time to time.

 (3B) For the purposes of subsection (3A), an information standard is an information standard made under section 134, or declared under section 135, of Schedule 2 to the Competition and Consumer Act 2010.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 28 March 2018

Senate on 19 June 2018]

 

(57/18)

 

Overview

The Commerce (Trade Descriptions) Amendment Act 2018, enacted by the Parliament of Australia, amends the Commerce (Trade Descriptions) Act 1905. This Act was introduced to address the need for updated regulations concerning country of origin representations and the incorporation of information standards. The primary objective of this amendment is to align the trade descriptions laws with contemporary consumer protection standards by integrating relevant provisions from the Competition and Consumer Act 2010. By doing so, the Act aims to ensure that trade descriptions, particularly those relating to the country of origin of goods, are accurate and compliant with existing consumer protection frameworks, thereby safeguarding consumer interests and maintaining fair trading practices.

Scope and Application

The Commerce (Trade Descriptions) Amendment Act 2018 amends the Commerce (Trade Descriptions) Act 1905, which applies to all individuals, businesses, and entities engaged in trade within Australia. This includes both domestic and imported goods, regulating the description of goods to prevent misleading trade practices. The Act has a national reach across Australia, encompassing both Commonwealth and state jurisdictions. The provisions of the Act primarily target false or misleading trade descriptions, ensuring that goods are accurately represented to consumers. Exemptions or exclusions are not explicitly stated in the text; however, certain representations are governed by the Competition and Consumer Act 2010, particularly those concerning country of origin. The Act allows for the incorporation of information standards through subordinate instruments, expanding its application to align with evolving consumer protection standards.

Key Provisions

The Commerce (Trade Descriptions) Amendment Act 2018 (Act) primarily introduces modifications to the Commerce (Trade Descriptions) Act 1905. The amendments focus on aligning the trade descriptions of goods with relevant provisions under the Competition and Consumer Act 2010, particularly concerning country of origin representations. Specifically, section 10AA of the 1905 Act, as added by Schedule 1 of the 2018 Act, stipulates that goods will not be considered to have a false trade description solely by making a representation of the country of origin if certain conditions set out in Schedule 2 of the Competition and Consumer Act 2010 are met. This section ensures that country of origin claims on goods are regulated consistently with consumer protection laws. The Act imposes several obligations on businesses and importers to ensure that their trade descriptions of goods comply with the amended provisions. Under section 10AA, businesses must ensure that any country of origin representation on their goods meets the requirements outlined in the Competition and Consumer Act 2010. This involves adhering to the information standards and regulations set forth in the Competition and Consumer Act 2010, which are incorporated into the 1905 Act through Schedule 2. Failure to comply with these standards can result in the goods being deemed to have a false trade description, potentially leading to legal repercussions. The Act also outlines the consequences for non-compliance with its provisions. While the specific penalties are not detailed within the Act itself, breaches of trade description laws under the Commerce (Trade Descriptions) Act 1905 can result in significant penalties. Under section 232 of the Competition and Consumer Act 2010, for example, businesses found to have made false or misleading representations can face substantial fines. The maximum penalties for corporations can reach up to $1.5 million, and for individuals, the fine can be as high as $300,000, or both for repeat or serious offences. These penalties underscore the importance of compliance with the amended trade description provisions.

Legal classification tags

Area of Law
Commercial Law
Instrument
Amending Act
Concepts
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.