Commerce (Trade Descriptions) Act
Australia
COMMERCE (TRADE DESCRIPTIONS) ACT Act No. 16 of 1905 as amended
Commerce (Trade Descriptions) Act
Act No. 16 of 1905 as amended
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Part I — Preliminary
1 Short title and commencement [see Note 1
]
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 of Act in relation to imports
The Chief Executive Officer of Customs has the general administration of this Act in so far as it relates to imports.
2 Incorporation
This Act shall be incorporated and read as one with the Customs Act 1901.
Note: Chapter 2 of the Criminal Code applies to this Act in the way described in section 5AA of the Customs Act 1901.
3 Interpretation
In this Act, unless the contrary intention appears:
CEOВ means the Chief Executive Officer of Customs.
OfficerВ means an officer of Customs.
Trade description, in relation to any goods, means any description, statement, indication, or suggestion, direct or indirect:
(a) as to the nature, number, quantity, quality, purity, class, grade, measure, gauge, size, or weight of the goods; or
(b) as to the country or place in or at which the goods were made or produced; or
(c) as to the manufacturer or producer of the goods or the person by whom they were selected, packed, or in any way prepared for the market; or
(d) as to the mode of manufacturing, producing, selecting, packing, or otherwise preparing the goods; or
(e) as to the material or ingredients of which the goods are composed, or from which they are derived; or
(f) as to the goods being the subject of an existing patent, privilege, or copyright;
and includes a Customs entry relating to goods; and any mark which according to the custom of the trade or common repute is commonly taken to be an indication of any of the above matters shall be deemed to be a trade description within the meaning of this Act.
False trade descriptionВ means a trade description which, by reason of anything contained therein or omitted therefrom, is false or likely to mislead in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, which makes the description false or likely to mislead in a material respect.
4 Application of trade description
(1) A false trade description shall be deemed to be applied to goods if:
(a) it is applied to the goods themselves; or
(b) it is applied to any covering, label, reel, or thing used in connexion with the goods; or
(c) it is used in any manner likely to lead to the belief that it describes or designates the goods.
(1A) A trade description which is required by the regulations to be applied to any goods shall be deemed to be applied to the goods if:
(a) it is applied to the goods themselves; or
(b) it is used in relation to the goods in the manner prescribed.
(2) CoveringВ includes any stopper, glass, bottle, vessel, box, capsule, case, frame, or wrapper; and labelВ includes any band or ticket.
Part II–Inspection of imports and exports
5 Inspection of imports and exports
(1) An officer may inspect and examine all prescribed goods which are imported, or which are entered for export or brought for export to any wharf or place or are in course of manufacture or preparation for export.
(2) The officer may where practicable take samples of any goods inspected by him or her pursuant to this section, and the samples so taken shall be dealt with as prescribed.
(3) For the purposes of this section an officer may enter any ship, wharf or place, and may open any packages, and may do all things necessary to enable him or her to carry out his or her powers and duties under this section.
(4) Without limiting the generality of the power conferred on the CEO under subsection 4(4) of the Customs Administration Act 1985, the CEO may give directions in writing under that subsection concerni