قانون الأوصاف التجارية لعام 1905، أستراليا

10 Forfeiture of falsely marked goods

(1)

Goods to which a false trade description is applied are prohibited to be imported.

(2)

Subject to subsection (3), goods imported in contravention of subsection (1) are forfeited to the Crown.

(3)

If the CEO is satisfied that the contravention was not intentional or reckless:

(a)

the CEO may, by notice in writing given to the owner or importer of the goods concerned, require the owner or importer to correct the false trade description within a period specified in the notice; and

(b)

if the owner or importer complies with the notice, subsection (2) does not apply in respect of the goods.

Commerce (Trade Descriptions) Act 1905

Part IV—Exports

10A Application of Part

This Part does not apply in relation to goods that are prescribed goods within the meaning of the Export Control Act 1982.

11 Prohibition of exports not bearing the prescribed trade description

(1)

The regulations may prohibit the exportation of any goods, unless there is applied to them a trade description of such character, relating to such matters, and applied in such manner, as is prescribed.

(2)

Subject to subsection (3), goods to which the prescribed trade description has not been applied that are entered for export, put on board any ship for export or brought to any wharf or place for export, are forfeited to the Crown.

(3)

If the CEO is satisfied that the entry for export, putting on board a ship for export, or bringing to a wharf or place for export, of goods to which the prescribed trade description had not been applied was not intentional or reckless:

(a)

the CEO may, by notice in writing given to the owner or exporter of the goods concerned, require the owner or exporter:

(i)

to apply the prescribed trade description to the goods before the exportation of the goods and within a period specified in the notice; or

(ii)

to withdraw that entry, to remove the goods from that ship, or to remove the goods from that wharf or place, as the case requires, within the period so specified; and

(b)

if the owner or exporter complies with the notice, subsection (2) does not apply in respect of the goods.

Commerce (Trade Descriptions) Act 1905

12 Penalty for applying false trade description to exports

(1)

No person shall:

(a)

intentionally apply any false trade description to any goods intended or entered for export or put on any ship or boat for export, or brought to any wharf or place for the purpose of export; or

(b)

intentionally export or enter for export or put on any ship or boat for export any goods to which a false trade description is applied.

(2)

A person who contravenes subsection (1) is guilty of an offence and is punishable on conviction by a fine not exceeding $10,000.

13 Exportation of falsely marked goods

(1)

Goods to which any false trade description is applied are prohibited to be exported.

(2)

Subject to subsection (3), goods to which a false trade description has been applied that are entered for export, put on board any ship for export or brought to any wharf or place for export, are forfeited to the Crown.

(3)

If the CEO is satisfied that entry for export, putting on board a ship for export or bringing to a wharf or place for export, of goods to which a false trade description has been applied was not intentional or reckless:

(a)

the CEO may, by notice in writing given to the owner or exporter of the goods concerned, require the owner or exporter:

(i)

to correct the false trade description before the exportation of those goods and within a period specified in the notice; or

(ii)

to withdraw that entry, to remove the goods from that ship, or to remove the goods from that wharf or place, as the case requires, within the period so specified; and

(b)

if the owner or exporter complies with the notice, subsection (2) does not apply in respect of the goods.

Commerce (Trade Descriptions) Act 1905

14 Marking of goods for export

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.

Commerce (Trade Descriptions) Act 1905

Part V—Miscellaneous

15 Review of decisions

(1)

Applications can be made to the Administrative Appeals Tribunal for review of decisions of the CEO under subsection 7(3), 10(3), 11(3) or 13(3).

(2)

In this section:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Note: Subsection 3(3) of the Administrative Appeals Tribunal Act 1975 extends the ordinary meaning of decision.

16 Trade description disclosing trade secrets

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 Governor-General the disclosure is necessary for the protection of the health or welfare of the public.

17 Regulations

The Governor-General may make regulations not inconsistent with this Act prescribing all matters and things required or permitted by this Act to be prescribed or which are necessary and convenient to be prescribed for carrying out or giving effect to this Act, and particularly for the analysis of samples taken under this Act, and the extent to which certificates of analysis shall be prima facie evidence in proceedings under this Act of the facts therein stated.

Commerce (Trade Descriptions) Act 1905

Table of Acts

Notes to the Commerce (Trade Descriptions) Act 1905

Note 1

The Commerce (Trade Descriptions) Act 1905 as shown in this compilation comprises Act No. 16, 1905 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 6 April 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number	Date	Date of	Application,
	and year	of Assent	commencement	saving or
				transitional
				provisions
Commerce (Trade	16, 1905	8 Dec 1905	8 June 1906 (see
Descriptions) Act 1905			Gazette 1906,
			p. 131)
Commerce (Trade	37, 1926	11 Aug 1926	11 Aug 1926	—
Descriptions) Act 1926
Commerce (Trade	15, 1930	18 July 1930	18 July 1930	—
Descriptions) Act 1930
Commerce (Trade	13, 1933	24 July 1933	24 July 1933	—
Descriptions) Act 1933
Statute Law Revision Act	80, 1950	16 Dec 1950	31 Dec 1950	Ss. 16 and
1950				17
Statute Law Revision	93, 1966	29 Oct 1966	1 Dec 1966	—
(Decimal Currency) Act
1966
Statute Law Revision Act	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1)
1973				and 10
Statute Law Revision Act	61, 1981	12 June 1981	Part VIII (ss. 22,	S. 23(2)
1981			23): 12 June 1981
			(a)
Commerce (Trade	151, 1981	26 Oct 1981	26 Oct 1981	—
Descriptions) Amendment
Act 1981
Export Control	48, 1982	9 June 1982	1 Jan 1983 (see	—
(Miscellaneous			s. 2 and Gazette
Amendments) Act 1982			1982, No. G48)
Customs Administration	39, 1985	29 May 1985	10 June 1985 (see	S. 4
(Transitional Provisions			s. 2 and Gazette
and Consequential			1985, No. S194)
Amendments) Act 1985

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or
				transitional
				provisions
Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986	10, 1986	13 May 1986	13 May 1986	Ss. 2(2) and 4
Industry, Technology and Commerce Legislation Amendment Act 1992	168, 1992	11 Dec 1992	Part 5 (ss. 14, 15): 30 July 1975 Remainder: Royal Assent	—
Customs, Excise and Bounty Legislation Amendment Act 1995	85, 1995	1 July 1995	Schedule 3 (items 1–7): 1 July 1995 (b) Ss. 18, 20 and	Ss. 18 and 20
			Schedule 9 (items 48–50): Royal Assent (b)
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001	24, 2001	6 Apr 2001	S. 4(1), (2) and Schedule 7: (c)	S. 4(1) and (2) [see Table A]
Statute Law Revision Act 2008	73, 2008	3 July 2008	Schedule 4 (items 160–164): 4 July 2008	—

Act Notes

(a)

The Commerce (Trade Descriptions) Act 1905 was amended by Part VIII (sections 22 and 23) only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(b)

The Commerce (Trade Descriptions) Act 1905 was amended by Schedule 3 (items 1–7) and Schedule 9 (items 48–50) only of the Customs, Excise and Bounty Legislation Amendment Act 1995, subsections 2(1) and (5) of which provide as follows:

(1)

Subject to subsections (2), (3), (4), (5) and (6), this Act commences on the day on which it receives the Royal Assent.

(5)

Schedules 2 and 3, items 1, 26 to 45, 49 to 53 and 56 and 67 of Schedule 4, Schedule 6, items 6 to 11 of Schedule 7 and Schedules 8 and 10 commence on 1 July 1995.

(c)

The Commerce (Trade Descriptions) Act 1905 was amended by Schedule 7 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

(1) Subject to this section, this Act commences at the later of the following times:

(a) immediately after the commencement of item 15 of Schedule 1 to the

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

Item 15 commenced on 24 May 2001.

Table of Amendments

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Part I

Heading to Part I ....................... ad. No. 216, 1973 Heading preceding s. 1 ............. rep. No. 216, 1973

S. 1A ......................................... ad. No. 39, 1985 am. No. 85, 1995

Note to s. 2................................ ad. No. 24, 2001

S. 3............................................ am. No. 15, 1930; No. 13, 1933; No. 80, 1950; No. 216, 1973; No. 48, 1982; No. 85, 1995

S. 4............................................ am. No. 15, 1930

Part II

Heading to Part II ...................... ad. No. 216, 1973 Heading preceding s. 5 ............. rep. No. 216, 1973

S. 5............................................ am. No. 15, 1930; No. 85, 1995; No. 73, 2008

S. 6............................................ am. No. 15, 1930; No. 13, 1933; No. 80, 1950; No. 93, 1966; No. 216, 1973; No. 48, 1982; No. 168, 1992; No. 24, 2001; No. 73, 2008

Part III

Heading to Part III ..................... ad. No. 216, 1973 Heading preceding s. 7 ............. rep. No. 216, 1973

S. 7............................................ am. No. 15, 1930; No. 216, 1973; No. 10, 1986; No. 85, 1995

S. 8............................................ am. No. 15, 1930

S. 9............................................ am. No. 93, 1966 rs. No. 216, 1973 am. No. 168, 1992; No. 24, 2001; No. 73, 2008

S. 9A ......................................... ad. No. 15, 1930

S. 10.......................................... am. No. 216, 1973; No. 10, 1986; No. 85, 1995 rs. No. 85, 1995

Part IV

Heading to Part IV..................... ad. No. 216, 1973

S. 10A ....................................... ad. No. 48, 1982 Heading preceding s. 11 ........... rep. No. 216, 1973

S. 11.......................................... am. No. 15, 1930; No. 13, 1933; No. 80, 1950; No. 216, 1973; No. 48, 1982; No. 85, 1995

S. 12.......................................... am. No. 93, 1966; No. 151, 1981; No. 48, 1982; No. 168, 1992; No. 24, 2001

S. 13.......................................... am. No. 15, 1930; No. 13, 1933; No. 80, 1950; No. 216, 1973; No. 48, 1982; No. 85, 1995 rs. No. 85, 1995

Part V

Heading to Part V...................... ad. No. 216, 1973

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

S. 15.......................................... am. No. 37, 1926 rep. No. 15, 1930 ad. No. 61, 1981 am. No. 48, 1982; No. 10, 1986; No. 85, 1995 rs. No. 85, 1995

Heading preceding s. 17 ........... rep. No. 216, 1973

S. 18.......................................... rep. No. 80, 1950

Table A

Table A

Application, saving or transitional provisions

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

4 Application of amendments

(1)

Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2)

For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.