Amends the Commerce Trade Descriptions Act to: incorporate an exception, which applies to representations as to the country of origin of goods under the Competition and Consumer Act CCA , so that it applies in relation to a false trade description; and enable information standards made or declared under the CCA, and that are in force or existing from time to time, to be incorporated by reference in the Act. Circulated by members and senators when they propose to make changes to the bill. Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration.
Subsequent action by either house may also be included in a schedule. Portfolio Law Enforcement and Cybersecurity. Summary Amends the Commerce Trade Descriptions Act to: incorporate an exception, which applies to representations as to the country of origin of goods under the Competition and Consumer Act CCA , so that it applies in relation to a false trade description; and enable information standards made or declared under the CCA, and that are in force or existing from time to time, to be incorporated by reference in the Act.
Documents and transcripts Text of bill First reading As passed by both Houses Explanatory memoranda Explanatory memorandum Transcript of speeches All second reading speeches Minister's second reading speech. Proposed amendments No proposed amendments have been circulated.
Federal Register of Legislation - Australian Government
Helpful information Text of bill First reading: Text of the bill as introduced into the Parliament Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house. Inspection of imports and exports Notice of intention to export Prohibition of imports not bearing prescribed trade description Imported goods found in Australia without prescribed trade description 7. Importation of falsely marked goods Imported goods found in Australia with false trade description Forfeiture of falsely marked goods Country of origin representations do not contravene certain provisions 8.
Application of Part Prohibition of exports not bearing the prescribed trade description Penalty for applying false trade description to exports Exportation of falsely marked goods Marking of goods for export Review of decisions Trade description disclosing trade secrets This Act may be cited as the Commerce Trade Descriptions Act and shall commence on a day to be fixed by proclamation not being earlier than six months after the passing of this Act.
This Act shall be incorporated and read as one with the Customs Act In this Act, unless the contrary intention appears:. Officer means an officer of Customs. Trade description , in relation to any goods, means any description, statement, indication, or suggestion, direct or indirect:. False trade description 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.
Federal Register of Legislation - Australian Government
All imported goods to which a trade description is by the regulations required to be applied, and which are found in Australia without the prescribed trade description, shall until the contrary is proved be deemed, subject to the regulations, to have been imported in contravention of the regulations. All imported goods found in Australia which bear a false trade description shall, until the contrary is proved, be deemed to have been imported in contravention of this Act.
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- Commerce (Trade Descriptions) Act 1905 (Cth).
This Part does not apply in relation to goods that are prescribed goods within the meaning of the Export Control Act Any goods intended for export which have been inspected in pursuance of this Act may in manner prescribed be marked with the prescribed trade description. The regulations under sections seven and eleven of this Act shall not prescribe a trade description which discloses trade secrets of manufacture or preparation, unless in the opinion of the Minister the disclosure is necessary for the protection of the health or welfare of the public.
Endnote 1—About the endnotes. The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation:. The abbreviation key sets out abbreviations that may be used in the endnotes.
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Legislation history and amendment history—Endnotes 3 and 4. Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended or will amend the compiled law.
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- COMMERCE (TRADE DESCRIPTIONS) ACT - NOTES?
- Labelling requirements to import goods.
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The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision generally section or equivalent level.
It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. The Legislation Act authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration.
The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments. A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. Endnote 2—Abbreviation key. Endnote 3—Legislation history. Application, saving and transitional provisions. Export Control Miscellaneous Amendments Act Endnote 4—Amendment history.