These Regulations are the Commerce (Imports) Regulations 1940.

These regulations, except regulation 3 and regulations 7 to 22 (both inclusive), shall come into operation on their notification in the Gazette, and regulation 3 and regulations 7 to 22 (both inclusive) shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.

3 Repeal

The Commerce (Imports) Regulations (being the Statutory Rules specified in the First Schedule to these regulations) are repealed.

5 Interpretation

(1) In these regulations, unless the contrary intention appears:

analyst means a person appointed under subregulation 24 (1) or a person who, under subregulation 24 (2), has the powers of a person so appointed.

article includes quantity of a substance.

brand includes any mark, device, name, word, letter, numeral or symbol and any combination consisting of two or more of those things.

condensed milk and evaporated milk includes flavoured condensed milk and flavoured evaporated milk.

coverings means all the principal coverings in which goods are contained, and in which such goods are usually sold wholesale or retail.

dried fruit includes currants, raisins, sultanas and other dried grape products, dates, dried apples, dried pears, dried peaches, dried apricots, dried prunes and dried figs, glace and crystallized fruit and fruit peel.

drug means any substance used as a medicine or in the composition or preparation of a medicine.

fertilizer includes any substance intended for or commonly used to fertilize the soil, other than:

(a) animal or vegetable manure; or

(b) crude material for the manufacture of fertilizer.

fibre means wool, hair, silk, cotton, linen, cashmere, mohair or the hair of the alpaca, the camel, the llama or the vicuna, and includes any other fibrous material, whether natural or artificial.

food and drink include every article used as food or drink by man, other than drugs and water.

hair means the hair of animals other than swine.

new and newness, in relation to agricultural seeds and maize, mean that the seed has been gathered during the immediately preceding harvest time in the country or place named in the trade description.

package includes:

(a) a container, wrapper or other thing in which an article is packed or two or more articles are packed for sale as a single item;

(b) a holder to which an article is attached for the purpose of sale; and

(c) a band that is fixed round an article or articles as part of the preparation of that article or those articles for sale.

paint includes enamel but does not include a two-pack paint or artists’ paint.

plants includes every part of any plant (except the seed) intended for planting or purposes of propagation.

prescribed goods means goods referred to in regulation 23.

shoes means boots, shoes, sandals or other footwear but does not include socks, stockings or other hose.

sock lining means the thin slip of leather, paper or material that is affixed to the upper surface of the inner sole.

sole, in relation to a shoe, means all that part of the shoe (including the heel) which, when the shoe is worn by a person, is under the foot of the wearer other than:

(a) the inner sole;

(b) the sock lining; or

textile products means:

(a) woven, knitted or felted materials manufactured from fibre; and

(b) tops, yarns, threads and lace.

the Act means the Commerce (Trade Descriptions) Act 1905.

upper means the outer covering of the part of a shoe above the inner sole, but does not include any thread, lace, eyelet, buckle, button or other adornment.

wool means the natural fibre from the fleece of any variety of domestic sheep or lamb.

(2) For the purpose of these regulations:

(a) where two or more articles of the same kind are packed together for sale as a single article, they shall be deemed to be a single article; and

(b) where an article is, or two or more articles of the same kind are, packed together with an article of a different kind or with articles of a different kind or different kinds for sale as a single article the first-mentioned article or articles shall be deemed to be a single article.

(3) For the purposes of these regulations, where an article is packed in a manner in which it could be sold as a single item, it shall be deemed to be packed for sale as a single item unless the contrary is shown.

(4) A reference in these regulations to the weight or measure of an article shall be read as a reference to the weight or measure of the article exclusive of the weight or measure of the package in which it is packed.

(5) A reference in these regulations to the measure of an article shall, in the case of an article of a kind that is ordinarily sold by number, be read as a reference to the quantity of that article expressed as a number.

(6) For the purposes of these regulations, words or particulars that are marked on a label attached to a package or to an article contained in a package shall be deemed to be marked on the package.

(7) In these regulations, unless the contrary intention appears:

(a) a reference to a package containing an article or to a package in which an article is contained or packed includes a reference to a package to which an article is attached or round which an article is wound; and

(b) a reference to an article that is contained or packed in a package includes a reference to an article that is attached to, or wound round, a package.

6 Ships’ and aircraft’s stores

Nothing in these regulations shall apply to ships’ stores and aircraft’s stores brought to Australia.

6A Pre-packed articles

(1) A reference in these regulations to a pre-packed article shall, subject to subregulation (2), be read as a reference to an article consisting of goods that are packed in a manner in which goods of that kind are commonly packed in order to fit them to be exposed or offered for sale.

(2) A reference to a pre-packed article shall be read as not including a reference to:

(a) a package containing goods of a kind specified in Part I of the Fifth Schedule; or

(b) a package included in a class of packages specified in Part II of that Schedule.

Part II Trade descriptions

7 Additional prohibition of certain imports

(1) The importation of the following goods is prohibited unless there is applied to those goods a trade description in accordance with these regulations:

(a) articles used for food or drink by man, or from which food or drink for use by man is manufactured or prepared;

(b) medicines or medicinal preparations for internal or external use;

(d) agricultural seeds;

(e) plants;

(f) textile products and articles of apparel including shoes;

(h) jewellery;

(ha) goods, the total outside area of which is not less than one hundred and fifty-five square centimetres, specified in the Fourth Schedule to these regulations, being:

(i) goods made from leather or a material resembling leather;

(ii) goods made from fibre or vulcanite or a material resembling fibre or vulcanite; or

(iii) goods made from plastic;

(i) brushware;

(j) china, porcelain, earthenware and enamelled hollowware of the following kinds:

(i) articles of a description commonly used in connexion with the serving of food or drink for man; and

(ii) kitchenware and kitchen utensils;

(k) electrical appliances, apparatus and accessories, including electric incandescent lamps;

(l) powder puffs;

(m) toys;

(n) cigars, cigarettes, manufactured tobacco, cigarette papers and cigarette tubes;

(o) Portland cement;

(p) sanitary and lavatory articles of earthenware, fireclay, vitreous china or similar substances or materials;

(q) wall, hearth and floor tiles;

(r) watches and clocks and movements for watches and clocks; and

(s) goods that are imported in the packages in which they are customarily exposed or offered for sale, other than:

(i) goods of a kind referred to in a preceding paragraph;

(ii) goods of a kind specified in Part I of the Fifth Schedule; or

(iii) goods contained in packages included in a class of packages specified in Part II of that Schedule.

(2) For the purposes of paragraph (ha) of the last preceding subregulation, goods shall be deemed to be made from:

(a) leather or a material resembling leather;

(b) fibre or vulcanite or a material resembling fibre or vulcanite; or

if more than one-half of the outside area of the goods consists of leather, a material resembling leather, fibre, a material resembling fibre, vulcanite, a material resembling vulcanite or plastic, as the case requires.

8 Trade description — general requirements

The trade description to be applied in accordance with these regulations is a trade description that complies with the following provisions:

(a) subject to these regulations, the trade description, in the case of goods other than goods that are imported as pre-packed articles, shall be in the form of a principal label or brand affixed in a prominent position and in as permanent a manner as practicable to the goods or, if affixture to the goods is impracticable, to the coverings containing the goods;

(b) subject to these regulations, the trade description, in the case of goods imported as pre-packed articles, shall be marked on the packages in which the goods are packed;

(i) the name of the country in which the goods were made or produced; and

(ii) in the case of goods specified in paragraph 7 (1) (a), (b), (c), (d), (e), (f), (h), (ha), (i), (k), (n) or (s) — a true description of the goods;

(d) where a weight or quantity is set out in the trade description, the trade description shall state whether the weight or quantity so set out is gross or net;

(e) any matter included on the label, brand or package that is in addition to the matter required to be so included by these regulations shall not be such as will, by illustration, by wording or by size of lettering tend to contradict or obscure the matters required to be so included; and

(f) the trade description must be in the English language; and

(g) for goods mentioned in regulation 15B, the trade description must comply with that regulation.

15B Shoes

(1) Subject to this regulation the trade description applied to shoes shall include:

(a) in the case of shoes:

(i) the soles of which consist entirely of leather — the words “all leather sole”;

(ii) the uppers of which consist entirely of leather — the words “all leather upper”;

(iii) the quarter linings of which consist entirely of leather — the words “all leather quarter lining”;

(b) in the case of shoes the soles of which consist partly of leather — a true statement of the materials composing the sole;

(c) in the case of shoes the soles of which do not consist entirely or partly of leather — the words “synthetic sole”, or “non-leather sole”;

(d) in the case of shoes the uppers of which consist partly of leather — a true statement of the material composing the upper;

(e) in the case of shoes the uppers of which do not consist entirely or partly of leather — the words “synthetic upper”, or “non-leather upper”;

(f) in the case of shoes the quarter linings of which consist partly of leather — a true statement of the materials composing the quarter lining; and

(g) in the case of shoes the quarter linings of which do not consist entirely or partly of leather — the words “synthetic quarter lining” or “non-leather quarter lining”.

(2) For the purposes of this regulation, a sole shall be deemed to consist entirely of leather if the only material in the sole, other than leather, consists of one or more of the following:

(a) ordinary fillers of cork or waterproof felt;

(b) canvas used to reinforce the inner sole of the shoe;

(c) shanks made entirely of leather-board, fibreboard, wood, metal or plastic, or a combination of any such materials, and used only for strengthening the sole of the shoe at the waist;

(d) wood, plastic or metal used in the heel of the shoe; and

(e) stiffening made entirely of leather-board, fibreboard, metal, plastic, canvas or other similar substance, glue or other similar substance, or any combination of such materials, where the stiffening is used only for the purpose of supporting the upper of the shoe at the heel or toe.

(3) The trade description must be impressed or embossed on the shoe in clearly legible letters not less than 2.5 mm in height in one of the following positions:

(a) on the waist of the outer sole of the shoe;

(b) on the inside of the upper above the waist of the shoe;

(c) on the heel seat or waist area of the sock lining or, if there is no sock lining, on the heel seat or waist area of the inner sole;

(d) on the tongue of the shoe.

(4) However, if the material of the shoe does not reasonably allow the trade description to be impressed or embossed on it, the trade description must be:

(a) impressed or embossed on a label of rubber, plastic, durable cloth or any other durable material; and

(b) attached to the shoe by vulcanisation, adhesion or any other secure means.

(5) This regulation does not apply in relation to ski boots designed to fit ski bindings, being ski boots having moulded plastic uppers and rigid soles that do not have a replaceable sole section.

Part III Miscellaneous

23 Inspection of prescribed goods

Goods to which a trade description is applied, goods specified in subregulation (1) of regulation 7 and goods that an officer has reasonable grounds to believe are goods so specified are goods prescribed for the purposes of section 5 of the Act.

24 Analysts

(1) The Minister may appoint persons who have the necessary qualifications to be analysts for the purposes of these regulations.

(2) A person for the time being occupying, or performing the duties of:

(a) the office of Assistant Secretary in the Analytical Services Branch in the Department of Science and Technology that is known as Australian Government Analyst; or

(b) an office in the Analytical Services Branch in the Department of Science and Technology designated Science 1, Science 2, Science 3, Science 4 or Science 5;

has, for the purposes of these regulations, the powers of a person appointed under subregulation (1).

(3) An analyst may analyse or examine samples of prescribed goods that are taken by an officer under the Act.

25 Certificates of analysts

(1) In proceedings under the Customs Act 1901, the Act or these regulations in relation to prescribed goods, a certificate given by an analyst as to the results of an examination of those prescribed goods, or of an analysis of a sample of those prescribed goods, is evidence of the matters stated in the certificate.

(2) Judicial notice shall be taken of the signature of an analyst appearing on a certificate referred to in subregulation (1) and of the fact that the person by whom the certificate purports to have been signed is an analyst.

26 Penalties

Any person who contravenes, or fails to comply with, any provision of these regulations shall be guilty of an offence.

Penalty: Forty dollars.

The Fifth Schedule Goods that are not pre‑packed articles

(regulations 6A and 7)

Part I

1.	Easter eggs, Easter caskets and confectionery in novelty shapes
2.	Honey in the comb, being honey contained in the original frame
3.	Goods that are therapeutic goods within the meaning of the Therapeutic Goods Act 1989, being —
	(a) goods compounded or made to the order of the purchaser of the goods or of a medical practitioner, dentist or veterinary surgeon; or
	(b) goods, the supply of which otherwise than on the written prescription of a medical practitioner, dentist or veterinary surgeon is an offence against a law in force in the Australian Capital Territory
4.	Kippers
5.	Bailed hay
6.	Toilet preparations in compacts, and refills of those preparations
7.	Garden compost, tan bark, farm-yard manure, peatmoss or leaf mould
8.	Single application hair dyes or hair bleaches, or single application home permanent hair waving kits
9.	Cakes or tablets of toilet or medicinal preparations for use in washing or as a personal deodorant
10.	Fire extinguisher refills
11.	Photographic film and photographic printing paper
12.	Rolls of polythene and rubber separation film that are so marked in terms of nominal weight, length and width as to comply with Australian Standard Code ASK 120-1965
13.	Fish bait other than prawns
14.	A roll of wall paper

Part II Packages that do not contain pre‑packed articles

1.	Packages containing articles exceeding either one hundred and seventy-five pounds or 75 kilogrammes in weight or either forty gallons or 150 litres in capacity
2.	Packages containing textiles, wearing apparel or other articles, or articles of hardware, that are not packed for sale, and are not ordinarily sold, by weight, measure or number including packages containing articles of those kinds packed for sale as a single item, one of a pair, a pair or a set
3.	Packages of a kind that contain less than nine articles of a kind that are ordinarily sold by number, being packages that are made wholly or partly of a transparent material so that if the package is exposed for sale, the number of articles contained in the package is readily apparent to a purchaser
4.	Sacks of wheat, maize, oats, chaff, potatoes or other agricultural produce of more than either sixty pounds or 25 kilogrammes gross weight customarily sold by weight
5.	Bags of clay
6.	Packages, containing liquid colouring materials, on which are set out directions that the entire contents of the package or a stated portion of those contents are to be mixed with a stated volume of paint of a type specified in the instructions, if the measure of the contents of the package or of the stated portion, as the case may be, is not more than ten parts per centum of that stated volume
7.	Packages of less than either ten fluid ounces or 300 millilitres containing ice cream or other frozen confections
8.	Packages of less than either one-half of an ounce or 15 grammes containing tobacco
9.	Packages of less than either eight ounces or 250 grammes containing a single pie or pasty
10.	Packages of less than either four ounces or 125 grammes gross weight containing a single cake, sponge or pudding
11.	Packages of less than either one-half of an ounce or 15 grammes containing dried vegetables (including frozen dried vegetables)
12.	Packages of less than either one-half of an ounce or 15 grammes net weight containing yarns
13.	Packages of wines labelled before the first day of November 1969
14.	Packages of alcoholic liquors in quantities of less than either two fluid ounces or 75 millilitres or more than either 10 gallons or 10 litres
15.	Packages containing vaccines of a quantity less than 25 millilitres or single doses of substances used for injections and contained in vials or ampoules
16.	Packages containing one, or more than one, article of a kind that is ordinarily sold by number, if the number of those articles in the package is marked on the package in accordance with these regulations
17.	Packages containing articles, on which is set out a direction that the whole of the contents of the package, or each of a stated number of smaller packages contained therein, is to be diluted to a stated weight or volume, including, without limiting the generality of the foregoing, those packages containing articles of the following kinds, namely —
	(a) jelly crystals, blancmange powders, custard powders, junket tablets, junket powders and other food substances other than powdered milk or condensed milk;
	(b) photographic developers, fixers and chemicals packed for use in connexion with photography;
	(c) agricultural and horticultural chemicals; and
	(d) legume seed inoculants
19.	Packages containing paper that is sold by weight, whether gross weight or net weight, in quantities weighing more than either 10 pounds or 4 kilograms.
20.	Packages of less than any of 1 ounce, 25 grammes, 1 fluid ounce or 25 millilitres containing goods other than drugs, pepper or other spices, herbs, instant tea, tobacco, yarn, dried vegetables or freeze-dried vegetables
21.	Packages containing confectionery, dried fruit, nuts, popcorn, potato crisps and savouries, being —
	(a) packages of less than either 3 ounces, or 85 grammes gross weight or, in the case of chocolate moulded in slab, block or bar form with or without added matter, less than either 1 ounce or 30 grammes gross weight; or
	(b) packages containing another article if the substantial value of the combined articles is represented by that other article
22.	Packages containing textiles that are —
	(a) packed for sale by weight in packages containing more than either ten pounds or 4 kilogrammes;
	(b) packed for sale by length in packages containing more than either 30 yards or 25 metres; or
	(c) packed for sale by area in packages containing more than either 30 square yards or 25 square metres.

Notes to the Commerce (Imports) Regulations 1940

Note 1

The Commerce (Imports) Regulations 1940 (in force under the Commerce (Trade Descriptions) Act 1905) as shown in this consolidation comprise Statutory Rules 1940 No. 280 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1940 No. 280	12 Dec 1940	Rr. 3 and 7-22: 1 Apr 1941 (see r. 2 and Gazette 1941, p. 334) Remainder: 12 Dec 1940
1947 No. 60	21 May 1947	(a)	—
1949 No. 46	4 Aug 1949	4 Nov 1949	—
1951 No. 154	29 Nov 1951	29 Feb 1952	—
1952 No. 48	22 May 1952	22 Aug 1952	—
1953 No. 54	5 June 1953	5 Sept 1953	—
1954 No. 73	10 June 1954	10 Sept 1954	—
1954 No. 104	14 Oct 1954	14 Jan 1955	—
1955 No. 33	26 May 1955	26 Aug 1955	—
1955 No. 68	6 Oct 1955	6 Jan 1956	—
1959 No. 74	3 Sept 1959	3 Mar 1960	—
1963 No. 21	14 Mar 1963	14 Mar 1963	—
1969 No. 200	18 Dec 1969	18 Mar 1970	—
1973 No. 41	1 Mar 1973	1 June 1973	—
1973 No. 82	10 May 1973	10 May 1973	—
1974 No. 136	31 July 1974	1 Nov 1974	—
1976 No. 232	25 Oct 1976	1 Feb 1977	—
1981 No. 226	21 Aug 1981	21 Aug 1981	—
1989 No. 23	2 Mar 1989	2 Mar 1989	—
1994 No. 103	19 Apr 1994	19 July 1994	—
1997 No. 94	1 May 1997	1 May 1997	—
1997 No. 334	3 Dec 1997	1 Mar 1998	—
1998 No. 100	27 May 1998	27 May 1998	—
1999 No. 329	22 Dec 1999	22 Dec 1999	—

(a) Statutory Rules 1947 No. 60, which comprised amendments of the Commerce (Imports) Regulations, were to come into operation on a date to be fixed by the Minister by notice in the Gazette. No date was fixed before the repeal of those Statutory Rules by regulation 2 of Statutory Rules 1949 No. 46. The amendments made by Statutory Rules 1947 No. 60 are not incorporated in this consolidation.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.................	rs. 1999 No. 329
R. 4.................	rep. 1981 No. 226
R. 5.................	am. 1949 No. 46; 1951 No. 154; 1953 No. 54; 1954 No. 73; 1955 No. 33; 1959 No. 74; 1969 No. 200; 1973 Nos. 41 and 82; 1974 No. 136; 1976 No. 232; 1981 No. 226; 1997 No. 94
R. 6.................	am. 1955 No. 33
R. 6A................	ad. 1973 No. 41
R. 7.................	rs. 1949 No. 46
	am. 1952 No. 48; 1953 No. 54; 1959 No. 74; 1963 No. 21; 1973 Nos. 41 and 82; 1974 No. 136; 1976 No. 232
R. 8.................	am. 1949 No. 46
	rs. 1973 No. 41
	am. 1974 No. 136; 1997 No. 94; 1998 No. 100; 1999 No. 329
R. 9.................	am. 1973 No. 41; 1997 No. 94
	rep. 1999 No. 329
R. 10................	am. 1954 No. 73; 1955 No. 33; 1973 Nos. 41 and 82
	rep. 1997 No. 94
R. 11................	am. 1973 No. 41; 1974 No. 136
	rep. 1999 No. 329
R. 12................	rs. 1976 No. 232
	rep. 1999 No. 329
R. 13................	am. 1954 No. 73; 1973 No. 82
	rep. 1999 No. 329
R. 14................	am. 1954 No. 73
	rep. 1999 No. 329
R. 15................	am. 1949 No. 46; 1951 No. 154
	rs. 1953 No. 54
	am. 1963 No. 21; 1969 No. 200; 1974 No. 136
	rep. 1998 No. 100
R. 15A...............	ad. 1959 No. 74
	rep. 1999 No. 329
R. 15B...............	ad. 1974 No. 136
	am. 1989 No. 23; 1997 No. 334
R. 16................	am. 1976 No. 232
	rep. 1997 No. 94
Rr. 17–19.............	rep. 1997 No. 94
R. 19A...............	ad. 1952 No. 48
	rep. 1998 No. 100
R. 20................	rep. 1999 No. 329
R. 20A...............	ad. 1973 No. 41
	am. 1974 No. 136; 1976 No. 232
	rep. 1997 No. 94
Rr. 20B–20N...........	ad. 1973 No. 41
	rep. 1997 No. 94
R. 20P...............	ad. 1973 No. 41
	am. 1976 No. 232
	rep. 1997 No. 94
R. 20Q...............	ad. 1973 No. 41
	rep. 1997 No. 94
R. 21................	rep. 1997 No. 94
R. 22................	rep. 1954 No. 73
Rr. 23-25.............	rs. 1973 No. 82
	am. 1981 No. 226
R. 26................	am. 1973 No. 82
The Second Schedule....	am. 1954 No. 73
	rep. 1997 No. 94
The Third Schedule......	ad. 1949 No. 46
	am. 1953 No. 54; 1954 No. 104; 1955 No. 68; 1959 No. 74
	rep. 1998 No. 100
Heading to Fourth Schedule	rs. 1999 No. 329
Fourth Schedule........	ad. 1959 No. 74
Fifth Schedule..........	ad. 1973 No. 41
	am. 1994 No. 103