{"id":"C1906L00084","name":"Commerce Regulations 1906","slug":"commerce-regulations-1906","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"84 of 1906","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":20273,"registerId":"commonwealth-C1906L00084-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commerce Regulations 1906","content":"STATUTORY RULES.\n\n1906\\. No. 84.\n\nREGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.\n\nI, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Commerce (Trade Descriptions) Act 1905, to come into operation on the first day of October, One thousand nine hundred and six, except as to Part II., and to come into operation as to Part II. on the first day of January, One thousand nine hundred and seven. Such regulations to supersede the Provisional Regulations (Statutory Rules 1906, No. 52) under the said Act, made on the 20th day of July, 1906.\n\nDated this 28th day of September, One thousand nine hundred and six.\n\nNORTHCOTE,\n\nGovernor-General.\n\nBy His Excellency’s Command,\n\nWILLIAM JOHN LYNE.\n\nPART I.—INTRODUCTORY.\n\n1. These regulations may be cited as the Commerce Regulations 1906.\n\n2. These regulations are divided into parts, as follows:—\n\nPart I.—Introductory.\n\nPart II.—Trade Descriptions of Imports.\n\nPart III.—Trade Descriptions of Exports.\n\nPart IV.—Examination of Exports.\n\nPart V.—Classification and Certification on request.\n\nPart VI.—Miscellaneous.\n\n3. In these regulations, unless the contrary intention clearly appears—\n\n“Appointed place” means a place appointed by the Minister, by notice in the Gazette, as a place where goods for export may be inspected and examined.\n\n“Coverings” includes the principal coverings in which goods are to be sold either wholesale or retail.\n\n“Butter fat” means the fat of cows’ milk.\n\n“Creamery butter” means butter made from centrifugally-separated cream.\n\n“Disease,” in relation to fruit, plants, seeds, maize, or potatoes, means any abnormal condition of or in such goods, whether consisting of the presence of or caused by or due to the operations, development, growth or decay of any insect or fungus, and also includes the condition known as “Bitter Pit.”\n\n \n\n“Disease,” in relation to meat, includes pleuro-pneumonia, tuberculosis, anthrax, swine fever, trichinosis, cancer, and any disease in stock declared by the Governor-General by proclamation to be included in this definition; and also includes any defect or inferiority in the condition of the meat which renders it unfit for human food.\n\n“Meat” means meat intended for human consumption, whether fresh or preserved.\n\n“Manures” includes all articles for use as fertilizers of the soil, except farm-yard or stable manures, and crude materials, for the manufacture of manures.\n\n“Milled butter” means butter which is a mixture or blend of two or more butters ordinarily packed alone and under separate names or brands, and which have been mixed or blended at a place other than where manufactured and packed, under other than the original names or brands.\n\n“Pasteurized,” in relation to liquids, means subjected to heat in such a manner as to destroy fully-developed micro-organisms, but not necessarily the spores thereof.\n\n“Pastry butter” means butter which is not fit for ordinary table use.\n\n“Preservative” means boric acid, salicylic acid, sulphurous acid, formic aldehyde, and any preparation of any of those substances used as a preservative agent, and any substances declared by proclamation to be a preservative.\n\n“Registered brand” means a brand registered in the Department of Trade and Customs, in pursuance of these regulations.\n\n“Sound” and “Soundness” have relation to freedom from disease.\n\n4. These regulations shall not apply to goods brought to Australia or shipped in Australia as ships’ stores.\n\nPART II.—TRADE DESCRIPTIONS OF IMPORTS.\n\n5. (1) The importation of the goods enumerated in this regulation is prohibited unless there is applied to the goods a trade description in accordance with this Part.\n\n(2) The goods to which this regulation applies are as follows:—\n\n(a) Articles used for food or drink by man, or used in the manufacture or preparation of articles used for food or drink by man;\n\n(b) Medicines or medicinal preparations for internal or external use;\n\n(c) Manures;\n\n(d) Apparel (including boots, and shoes), and the materials from which such apparel is manufactured;\n\n(e) Jewellery;\n\n(f) Agricultural Seeds; and Plants.\n\n6. (1) The trade description to be applied in accordance with this Part shall comply with the following provisions:—\n\n(a) It shall be in the form of a label or brand affixed in a prominent position to the goods, or to the coverings containing the goods; and\n\n(b) The label or brand shall set out in legible characters a true description of the goods, and the name of the country or place in which the goods were made or produced; and\n\n \n\n(c) In cases where any weight or quantity is set out, the label of brand shall specify whether the weight or quantity so set out is gross or net.\n\n(2) In the case of the following goods, the trade description shall, in addition, comply with the following provisions:—\n\n(a) In the case of medicines prepared ready for use, and containing 10 per cent, or more of ethyl alcohol, if the average dose recommended exceeds one teaspoonful (60 minims), the trade description shall set out the proportion or quantity of proof spirit in the medicine.\n\n(b) In the case of medicines prepared ready for use, and containing any of the following drugs (or the salts or derivatives thereof), viz.:—Opium, morphine, cocaine, heroin, stramonium, nux vomica, cannabis indica, bromides, sulphonal, trional, veronal, paraldehyde, or any synthetic hypnotic substance, phenazonum, phenacetinum, or acetanilidum, or any allied synthetic substance, chloral hydrate, belladonna, cotton root, ergot, or any abortifacient, the trade description shall set out the names of all such drugs so contained.\n\n(c) In the case of manures, the trade description shall set forth the principal active constituent thereof.\n\n(d) In the case of articles, of apparel, the trade description shall state the nature of the principal material from which the article is made; and the term “wool,” or any term implying that the material is all wool shall not be applied to any such material unless it contains at least 90 per cent. of pure wool.\n\n(e) In the case of articles of apparel manufactured from materials containing wool, but not containing as much as 90 per cent. of wool, the trade description shall set out the substances contained in the materials.\n\n(f) In the case of boots and shoes, the trade description shall set out the principal material from which they are made, and unless the soles are solid leather, without admixture or addition, the description shall state the fact, and nature of the admixture or addition.\n\n(g) In the case of leather containing any loading of any mineral or other weighting substance, the trade description shall state the name of the loading or other weighting substance contained in the leather, and the percentage thereof.\n\n(h) In the case of jewellery containing gold, the carat number shall, where practicable, be stamped on the jewellery.\n\nIn the case of jewellery wholly or partly covered by gold, the words “rolled gold,” “gold cased,” “gold plated,” or “gilt,” as the case requires, shall, where practicable, be stamped on each article.\n\n(i) In the case of agricultural seeds, the description shall state the name of the seeds and their condition as to soundness, cleanness, and newness.\n\n(j) In the case of plants, the description shall state the names of the plants and their condition as to freedom from or affection by any disease or pest.\n\n(k) In the case of milk, the description shall describe the milk as Condensed Milk, Concentrated Milk, Dried Milk, or Condensed Skimmed Milk, as the case requires.\n\n(3) This regulation shall not apply to small packets of seeds sent by post or to seeds imported otherwise than as merchandise.\n\na 2\n\n \nPART III.—TRADE DESCRIPTIONS OF EXPORTS.\n\n7. (1) The export of the goods enumerated in this regulation shall be prohibited unless there is applied to the goods a trade description in accordance with this Part.\n\n(2) The goods to which this regulation applies are—\n\nButter.\n\nCanned Meat.\n\nCheese.\n\nCondensed or Concentrated Milk.\n\nCondensed Skimmed Milk.\n\nDried Milk.\n\nFruit.\n\nHares.\n\nHoney.\n\nJam.\n\nLeather.\n\nMaize.\n\nMeat (other than rabbits and hares).\n\nMeat Extract or Meat Essence.\n\nPlants.\n\nPotatoes.\n\nPreserved Fruit.\n\nRabbits.\n\nSeeds.\n\n8. (1) The trade description to be applied in accordance with this Part shall comply with the following provisions:—\n\n(a) It shall be in the form of a label or brand attached or affixed in a prominent position to the goods, or to the coverings containing the goods; and\n\n(b) The label or brand shall set out in legible characters a true description of the goods, the word Australia, and the name of the State in which the goods were made or produced; and\n\n(c) The label or brand shall specify the net weight or quantity of the goods, except in the case of carcases of meat. Provided that in the case of tinned goods, if the net contents fall short of any number of pounds by less than half a pound, the weight may be described as “under” that number of pounds.\n\n(d) The label or brand shall include either the name of the manufacturer or exporter or his registered brand.\n\n(2) In the case of butter the trade description shall specify whether the butter is Pure Creamery Butter, Pastry Butter, or Milled Butter, as the case requires, and shall be indelibly impressed on the outer covering.\n\n(3) In the case of the following goods, the trade description shall, in addition, unless the goods have been classified or certified by an officer, and marked by him with an approved stamp, comply with the following provisions:—\n\n(a) In the case of butter, the trade description shall set out the name and percentage of any preservative contained in the butter, together with the percentages of casein, water, and colouring matter.\n\n \n\n(b) In the case of butter which has been repacked by an exporter (other than the manufacturer or producer thereof) under a brand other than that of the manufacturer or producer, the trade description shall state that the butter has been repacked.\n\n(c) In the case of cheese, the trade description shall set out the quantity of rennet and the quantity and nature of the colouring matter (if any), together with the percentage of any preservative or foreign matter contained in the cheese.\n\n(d) In the case of meat, canned meat, and meat extract or meat essence, the trade description shall specify its condition as to soundness and suitability for human consumption.\n\n(e) In the case of fruit and potatoes, the trade description shall specify their condition as to soundness.\n\n(f) in the case of leather containing any loading of any mineral or other weighting substance, the trade description shall state the name of the loading or other weighting substance contained in the leather, and the percentage thereof. Provided that in the case of leather containing not more than a total of 2 per cent. of glucose and sugar taken together, and not more than a total of 3 per cent. of fats and oils taken together, the trade description need not state the names or percentages of those substances.\n\n(g) In the cases of maize, seeds, and plants, the trade description shall specify their condition as to soundness, cleanness, and freshness.\n\n9. The export of all goods of the kind specified in the First Schedule which do not comply with the standards therein set out is prohibited, unless the trade description applied to the goods either contains the words “Below standard” or states fully the matters in which, and the extent to which, the goods do not comply with the standards.\n\n10. The trade description applied to goods in pursuance of this Part shall have relation to the condition of the goods as at the time of shipment.\n\n11. An exporter of any of the goods mentioned in this part of these regulations which have been prepared for export under the supervision of an officer, may attach or affix to the goods or to the coverings containing the goods a label setting out that the goods have been so prepared, and, the supervising officer may sign or stamp his name upon the label. The exporter shall pay for the officer’s services at the rate of 2s. per hour or part of an hour.\n\n12. In the case of any goods mentioned in these regulations exported for consumption in China, Japan, Philippine Islands, and adjacent islands, Singapore, the Straits Settlements, or other parts adjacent thereto, but to the east of India, it shall suffice if the trade description is applied to the outer coverings only.\n\n13. These regulations shall not apply to unfrozen butter exported as ordinary cargo to any of the South Sea Islands.\n\nPART IV.—INSPECTION OF EXPORTS.\n\n14. Where by the law of any State any goods are required to be inspected and approved by a State Authority before export, and the Minister is satisfied that such inspection and approval are as efficient\n\n \nas inspection and marking under these regulations, the Minister may direct that such inspection and approval shall be accepted partly or wholly in lieu of examination and marking under these regulations.\n\n15. The Minister may by a notice in the Gazette appoint places where any goods mentioned in these regulations intended for export may be inspected and examined by an officer.\n\n16. (1) All butter (other than tinned butter) intended for export shall be sent to the appointed place at least three days before shipment.\n\n(2) Goods (other than butter not in tins) specified in these regulations intended for export shall be sent to the appointed place in sufficient time before shipment to enable an officer to inspect and examine them.\n\n(3) The Comptroller-General may permit the inspection and examination of goods to be made in places other than appointed places.\n\n17. The exporter shall give to the officer any information desired by him as to the date of churning of any butter, or of the date of killing, canning, or tinning any meat, submitted to him for inspection.\n\n18. Every person who intends to export any goods mentioned in these regulations shall give written notice to the Customs in Form 1 or 2 in the Second Schedule as the case requires, at least one clear working day before the proposed date of shipment.\n\n19. Notwithstanding anything contained in these regulations, the notice to the Customs of intention to export any goods mentioned in these regulations may be for any stated period, and shall state the estimated quantity of such goods to be exported within that period. The notice under this regulation shall be in Form 3 or 4 in the Second Schedule, as the case requires.\n\n20. A declaration by the exporter shall accompany the notice of intention to export condensed milk, concentrated milk, dried milk, leather, maize, seeds, plants, fruit, or potatoes, stating—\n\n(a) In the case of condensed milk, concentrated milk, or dried milk—the extent to which it conforms to or differs from the standard in the First Schedule;\n\n(b) In the case of leather—the extent to which it contains any loading of any mineral or other weighting substance, and if it contains any such substance, the name of such substance, and the percentage thereof; provided that in the case of leather containing not more than a total of 2 per cent. of glucose and sugar taken together, and not more than a total of 3 per cent. of fats and oils taken together, the glucose, sugar, fats, and oils shall not be taken to be weighting substances for the purposes of this regulation.\n\n(c) In the case of maize, seeds, or plants, their condition as to soundness, cleanness, and freshness; and\n\n(d) In the case of fruit or potatoes, their condition as to soundness.\n\n21. An export permit in Form 4a shall be issued by the examining officer to the exporter in all cases in which the provisions of Part III. of the regulations have been complied with, and in which no certificate has been issued. Such permit shall be delivered to the officer at the export ship at the time the goods are brought to the wharf for shipment.\n\n22. When butter (except butter packed in tins) or meat has been inspected and examined in accordance with these regulations, it shall be placed in a cool store at an approved place, at a temperature not exceeding 30 degrees Fahrenheit in the case of butter (except in the case of butter intended for consumption in South Africa, when the temperature may be not\n\n \nmore than 40 degrees Fahrenheit) and 20 degrees Fahrenheit in the case of meat, within twelve hours after such inspection and examination, and shall not be removed therefrom without the authority of an officer.\n\n23. If the refrigerating machinery in any appointed place is rendered inoperative from any cause, and the temperature of the place thereby rises beyond the prescribed temperature, notice shall immediately be given to the examining officer, who may, if necessary, make a fresh examination of the butter or meat, cancel the certificate already given and the approved stamp applied to the goods, and issue a new certificate and apply another approved stamp to the goods.\n\n24. The Comptroller-General may allow any goods mentioned in these regulations which have been examined by an officer for export to be removed from the appointed place to be consumed within the Commonwealth.\n\n25. If an officer have reasonable cause to think that the condition, quality, or class of any goods examined under these regulations has changed since the examination from the condition, quality, or class mentioned in the certificate, he may re-examine the goods, and, if necessary, cancel the certificate already given, and the approved stamp applied to the goods, issue a fresh certificate, and apply another approved stamp to the goods.\n\nPART V.—CLASSIFICATION AND CERTIFICATION ON REQUEST.\n\n26. The intending exporter may, when forwarding goods to an appointed place, give written notice to the Customs in Form 5, in the Second Schedule, that he requests the Customs to classify, certify, and mark the goods with an approved stamp, in accordance with these regulations; and where such request has been made, the following provisions of this Part shall apply.\n\n27. (1) Until altered by the Minister by Gazette notice, the approved stamp shall be in accordance with the following design:—\n\n![Stamp in a 6 pointed star, with a circle in the middle. Text in the circle reads Commonwealth of Australia Approved for Export.](image.001.png)\n\n(2) The approved stamp shall only be applied to goods by an officer and as authorized by these regulations, and all goods bearing or having applied to them an unauthorized impression of an approved stamp or any impression of a stamp so nearly resembling an approved stamp as to be likely to deceive shall be deemed to have applied to them a false trade description.\n\n \n\n28\\. The officer shall classify butter as follows:—\n\nFirst Class, Superfine.—Pure creamery butter, containing not more than 14 per cent. of water, and classified at 94 points or over.\n\nFirst Class.—Pure creamery butter, classified at 86 to 93 points.\n\nSecond Class.—Pure butter, classified at 75 to 85 points.\n\nThird Class.—Pure butter, classified at less than 75 points.\n\n29\\. The officer shall classify cheese as follows:—\n\nFirst Class, Superfine.—Pure cheese, classified at 94 points or over.\n\nFirst Class.—Pure cheese, classified at 86 to 93 points.\n\nSecond Class.—Pure cheese, classified at 75 to 85 points.\n\nThird Class.—Pure cheese, classified at less than 75 points.\n\n30\\. The officer shall not classify any impure butter or cheese.\n\n31\\. In classifying butter and cheese, the officer shall take into consideration the flavour and aroma, texture, and condition of the butter; and the maximum points to be awarded in respect of those matters shall be as follows:—\n\nFlavour and aroma, 50 points.\n\nTexture, including body, grain, and moisture, 30 points.\n\nCondition, including colour, salting, packing and covering, 20 points.\n\n32\\. Butter shall only be examined when its temperature is not higher than 70 degrees Fahrenheit, and is not lower than 40 degrees Fahrenheit\n\n33\\. The officer shall classify hares and rabbits as follows:—\n\nHares.\n\nFirst Class.—Hares, each weighing 7 lbs. or over.\n\nSecond Class.—Hares, each weighing under 7 lbs. and not less than 6 lbs.\n\nHares not in prime condition, shall not be classified.\n\nRabbits.\n\nFirst Class.—Rabbits in prime condition.\n\nSecond Class.—Rabbits in good condition, but not in prime condition.\n\nSkinned Rabbits.—Skinned rabbits in prime or good condition.\n\n34. (1) The officer, after inspecting and examining any goods for export mentioned in these regulations, may issue a certificate in such one of the forms 6, 7, 8, 9, 9a, 9b, 9c, 10, 10a, 10b, 10c, 11, 11a, or 11b in the Second Schedule as is appropriate to the case.\n\n(2) Where goods are classified, the certificates for the different classes shall be coloured differently.\n\n(3) The officer shall mark the outer coverings of any goods in respect of which a certificate has been issued by him with an approved stamp and the number of the certificate, or impress the approved stamp and the number of the certificate to a tag or label, and securely fasten it to the goods.\n\n(4) Every certificate issued by an officer shall be in triplicate, and one part shall be given to the exporter, one to the manufacturer of the goods (if any), and the other or others retained by the Customs or dealt with as the Minister directs.\n\n \nPART VI.—MISCELLANEOUS.\n\n35. (1) The Minister may appoint any qualified persons to be analysts under the Commerce (Trade Descriptions) Act 1905.\n\n(2) All Customs Analysts shall be deemed to be analysts under that Act.\n\n36. Any sample taken by an officer, and submitted for analysis, shall be delivered to an analyst, who shall analyze it, and give a certificate of the result of the analysis to the Collector of Customs for the State.\n\n37. Every certificate of the result of an analysis shall be primâ facie evidence of the facts therein stated.\n\n38. A copy of any certificate of analysis of butter or cheese given under these regulations may be furnished by the Collector of Customs of the State in which the analyzed butter or cheese was made, to the manufacturer thereof, upon payment of One shilling.\n\n39. A register of brands used by, owners for any goods, specified in these regulations, intended for export, shall be kept by the Comptroller-General.\n\n40. Applications for registration of brands shall be made by the owners in Form 12 in the Schedule, which shall be accompanied by seven copies of each brand which it is desired shall be registered.\n\n41. No brand shall be registered by the Comptroller-General unless it is registered as a trade mark under a Commonwealth or State Act.\n\n42. A separate registration number shall be allotted to each registered brand, and the number so allotted may be applied to goods in conjunction with the brand.\n\n43. (1) If a trade mark which is registered as a brand is transferred, notice of the transfer shall be given by the transferree to the Comptroller-General.\n\n(2) If a trade mark which is registered as a brand ceases to be registered as a trade mark, its registration as a brand under these regulations shall cease.\n\n \nFIRST SCHEDULE.\n\nSTANDARDS.\n\n“Butter”: butter which contains only—\n\nNo fat other than butter fat;\n\nNot more than 16 per cent. of water, 3 per cent. of casein, 0.5 per cent. of boric acid, 4 per cent. of salt;\n\nNot less than 82 per cent. of butter fat;\n\nAny colouring matter deemed harmless by the Minister.\n\n“Cheese”: cheese which does not contain any foreign matter other than rennet, salt, or colouring matter deemed harmless by the Minister.\n\n“Concentrated Milk”: pasteurized milk which is concentrated by any process whatever, and not subsequently sterilized, and which contains not less than 9 per cent. of butter fat and 24 per cent. of milk solids not fat, and no foreign substance other than 0.5 per cent. of boric acid.\n\n“Condensed Milk”: milk which is condensed or concentrated by any process whatever, with or without the addition of cane sugar, and which, when containing such sugar, also contains not less than 9 per cent. of butter fat, and 24 per cent. of milk solids not fat, and when not containing such sugar, contains not less than 8.5 per cent. of butter fat and 22.5 per cent. of milk solids not fat.\n\n“Dried Milk”: milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, and which, when dissolved in or treated with water, according to any directions supplied by the maker or vendor thereof, produces milk as defined in these regulations.\n\n“Honey”: the ripened, unfermented honey of bees, which does not contain any foreign matter.\n\n“Meat Extract” or “Meat Essence”: the extract or essence of meat which has been obtained by cooking the flesh of cattle or sheep, but not the internal organs thereof, and which contains no extraneous matter other than common salt.\n\n“Milk”: the milk of cows, whether mixed or not, and containing not less than 3 per cent. of butter fat, nor less than 8.5 per cent. of solids not butter fat.\n\nSECOND SCHEDULE.\n\n——\n\nForm 1.\n\nCommonwealth of Australia.\n\nCommerce Act and Regulations.\n\nNotice of Intention to Export Butter.\n\n……………………………………………………..\n\n………………………………19\n\nTo the Examining Officer at…………………………………………………\\*\n\nPort of\n\nState of\n\nNotice is hereby given that I or we intend to export butter as set out hereunder.\n\nThe butter will be sent to the above-mentioned appointed place, for the purpose of being examined, and if necessary marked by an officer, and frozen prior to shipment.\n\nThe butter will arrive at such place on , 19 .\n\nI or we do hereby certify that the butter as set out hereunder is……….. ………. ………† and is butter according to the prescribed standard.\n\nExporter.\n\nStatement of Butter to be Exported.\n\n```html\n

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\n```\n\n(This part to be filled in by the Officer).\n\nButter received into store and examined. Butter forwarded for shipment.\n\nExamining Officer. Examining Officer.\n\n/ /19 . / /19 .\n\n\\* State here the appointed place where it is desired goods shall be examined.\n\n† State here whether “pure creamery butter,” “pure butter,” “pastry butter,” or “milled butter.”\n\n(This form shall be printed on white paper.)\n\n \nForm 2.\n\nCommonwealth of Australia.\n\nCommerce Act and Regulations.\n\nNotice of Intention to Export Goods other than Butter.\n\n………………………………………….\n\n…………………………………19\n\nTo the Examining Officer at…………………………………..\\*\n\nPort of\n\nState of\n\nNotice is hereby given that I or we intend to export the goods as set out hereunder.\n\nThe goods will be sent to the above-mentioned appointed place, and will arrive there on…………………………………19 .\n\nExporter.\n\n```html\n

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\n```\n\n(This part to be filled in by the Officer.)\n\nGoods examined, marked, and forwarded for shipment.\n\nExamining Officer,\n\n/ /19 .\n\n\\* State here the appointed place where it is desired goods shall be examined.\n\n(This form shall be printed on light blue paper).\n\n——\n\nForm 3.\n\nCommonwealth of Australia.\n\nCommerce Act and Regulations.\n\nGeneral Notice of Intention to Export Butter during a stated Period.\n\n………………………………………\n\n……………………………………19 .\n\nTo the Examining Officer at……………………………………\\*\n\nPort of\n\nState of\n\nNotice is hereby given that I or we intend to export Butter between the months of and , inclusive, in the quantities and manner as set out hereunder.\n\nThe Butter will be sent to the above-mentioned appointed place for the purpose of being examined and, if necessary marked by an officer, and frozen prior to shipment.\n\nI (or we) do hereby certify that the butter as set out hereunder will be † according to the prescribed standard.\n\nExporter.\n\nStatement of Butter to be exported.\n\n```html\n

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\n```\n\n\\* State here the appointed place where it is desired goods shall be examined.\n\n† State here whether “pure creamery butter,” “pure butter,” “pastry butter,” or “milled butter.”\n\n(This form shall be printed on dark blue paper).\n\n \nForm 4.\n\nCommonwealth of Australia.\n\nCommerce Act and Regulations.\n\nGeneral Notice of intention to export goods other than Butter during a Stated Period.\n\n……………………………………………………\n\n………………………………………..190 .\n\nTo the Examining Officer at……………………………..\\*\n\nPort of\n\nState of\n\nNotice is hereby given that I or we intend to export the goods in the quantities and manner as set out hereunder.\n\nThe goods will be sent to the above-mentioned appointed place for examination.\n\nExporter.\n\n```html\n

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No. of Packages.

Size, Weight, or Measure, and Number of Contents.

\n```\n\n\\* State here the appointed place where it is desired goods shall be examined.\n\n(This form shall be printed on green paper).\n\n——\n\nForm 4a.\n\nCommonwealth of Australia.\n\nCommerce Regulations.\n\nDepartment of Trade and Customs,\n\nExport Permit.\n\nState of\n\nPort of\n\nDate 19 .\n\nTo the Officer of Customs,\n\nWharf.\n\nThe Provisions of Part III. of the Commerce Regulations, 1906, have been duly complied with in regard to the following goods to be shipped ex\n\n| Marks. | Exporter. | Character of Goods. | Quantity. |\n| ------ | --------- | ------------------- | --------- |\n| | | | |\n\nExamining Officer\n\nAppointed place\n\nShipped the above goods—\n\nOfficer of Customs,\n\nDate 19 .\n\nNote.—This form should be returned to the officer at the above-appointed place after shipment of the goods.\n\n(This form shall be printed on white paper in quarto form).\n\n——\n\nForm 5.\n\nCommonwealth of Australia.\n\nCommerce Act and Regulations.\n\nRequest to Classify, Certify, and Mark Goods with an Approved Stamp.\n\n……………………………………….\n\n……………………………………..190\n\nTo the Examining Officer at\\*…………………………….\n\nPort of………………………………….\n\nState of…………………………………\n\nI or we request that the goods referred to in the accompanying notice of intention to export may be classified,† certified, and marked with an approved stamp, in accordance with the Commerce Regulations 1906.\n\nExporter.\n\n\\* State here the name of the appointed place to which the goods are being sent.\n\n† The word “classified” is to be struck out in the case of goods other than butter cheese, hares, and rabbits.\n\n(This form to be printed on white paper.)\n\n \nForm 6.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nCertificate as to Suitability of Meat, Canned Meat, Meat Extract or Meat Essence for Export.\n\nThis is to certify that , branded as under and shipped per s. s. to , on 19 , has been examined and found to be sound and suitable for human consumption, and that no injurious ingredient has been used in its preparation.\n\nExporter . Meat . Brand . No.\\*\n\nDated at , in the State of , the day of 19 .\n\nExamining Officer.\n\n\\* Insert number of carcases, cases, &c., as the case may be.\n\n(This form to be printed on red paper.)\n\n——\n\nForm 7.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nCertificate as to Suitability of Fruit for Export.\n\nThis is to certify that branded , and shipped per s.s. , to , on , 19 , have been examined and found, upon examination of packages selected at random, to be free from disease.\n\nDated at in the State of , the day of , 19 .\n\nExamining Officer.\n\n(For definition of disease see back hereof).\n\n(This form to be printed on blue paper.)\n\n——\n\nForm 8.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs,\n\nCertificate as to Condition of\\*\n\nentered for Export.\n\nThis is to certify that\\* , branded and shipped per to on 19 , have been examined and found to be in the condition mentioned hereunder.†\n\nDated at , in the State of , the day of , 19 .\n\nExamining Officer.\n\n\\* State whether leather, seeds, plants, maize, or potatoes, “condensed milk,” “concentrated milk,” “condensed skimmed milk,” “dried milk,” “‘honey,” and “jam.”\n\n† Here set out conditions such as “Free from loading” or “Sound, clean and fresh,” as the case requires.\n\n(This form to be printed on green paper.)\n\n \nForm 9.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nButter Class Certificate.\n\nfirst class superfine (94–100 points).\n\nThis is to certify that of butter, branded , and shipped per s.s. , to , on 19 have been examined and awarded points as follow:—\n\n```html\n

Class.

Flavour, Maximum 50.

Texture, Maximum 30.

Condition, Maximum 20.

Total 100.

Remarks.

Flavour, including aroma.....................

Texture, including body, grain, and moisture.........

Condition, including colour, salting, packing, and covering

\n```\n\nDated at , in the State of , the day of , 19 .\n\nExamining Officer.\n\n(This form shall be printed on pink paper.)\n\n——\n\nForm 9a.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nButter Class Certificate.\n\nfirst class (86–93 points).\n\nThis is to certify that of butter, branded , and shipped per s.s. to on , 19 , have been examined, and awarded points as follow—\n\n```html\n

Class.

Flavour, Maximum 50.

Texture, Maximum 30.

Condition, Maximum 20.

Total, 100.

Remarks.

Flavour, including aroma......................

Texture, including body, grain, and moisture.........

Condition, including colour, salting, packing, and covering

\n```\n\nDated at , in the State of , the day of , 19.\n\nExamining Officer.\n\n(This form shall be printed on blue paper.)\n\n \nForm 9b.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nButter Class Certificate.\n\nsecond class (75–85 points).\n\nThis is to certify that of butter, branded and shipped per s.s. to on 19 have been examined, and awarded points as follow:—\n\n```html\n

Class.

Flavour, Maximum 50.

Texture, Maximum 30.

Condition, Maximum 20.

Total, 100.

Remarks.

Flavour, including aroma......................

Texture, including body, grain, and moisture.........

Condition, including colour, salting, packing, and covering

\n```\n\nDated at , in the State of the day of 19 .\n\nExamining Officer.\n\n(This form shall be printed on green paper.)\n\n——\n\nform 9c.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nButter Class Certificate.\n\nthird class (under 75 points).\n\nThis is to certify that of butter, branded and shipped per s.s. to on 19 have been examined, and awarded points as follow:—\n\n```html\n

Class.

Flavour, Maximum 50.

Texture, Maximum 30.

Condition, Maximum 20.

Total, 100.

Remarks.

Flavour, including aroma......................

Texture, including body, grain, and moisture.........

Condition, including colour, salting, packing, and covering

\n```\n\nDated at , in the State of the day of 19 .\n\nExamining Officer.\n\n(This form shall be printed on orange paper.)\n\n \nForm 10.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nCheese Class Certificate.\n\nfirst class superfine (94–100 points).\n\nThis is to certify that cheese branded and shipped per s.s. , to , on , 19 , have been examined, and awarded points as follows:—\n\n```html\n

Class.

Flavour, Maximum 50.

Texture, Maximum 30.

Condition, Maximum 20.

Total, 100.

Remarks.

Flavour, including aroma..................

Texture, including body, grain, and moisture.....

Condition, including colour, salting, packing, and covering

\n```\n\nDated at , in the State of , the day of , 19 .\n\nExamining Officer.\n\n(This form shall be printed on pink paper.)\n\n——\n\nForm 10a.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nCheese Class Certificate.\n\nfirst class (86–93 points).\n\nThis is to certify that cheese, branded and shipped per s s. to on 19 have been examined, and awarded points as follow:—\n\n```html\n

Class.

Flavour, Maximum 50.

Texture, Maximum 30.

Condition, Maximum 20.

Total 100.

Remarks.

Flavour, including aroma......................

Texture; including body, grain, and moisture.........

Condition, including colour, salting, packing, and covering

\n```\n\nDated at , in the State of the day of 19\n\nExamining Officer.\n\n(This form shall be printed on blue paper).\n\n \nForm 10b.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nCheese Class Certificate.\n\nsecond class (75-85 points).\n\nThis is to certify that cheese branded and shipped per s.s. to on , 19 have been examined, and awarded points as follow:—\n\n```html\n

Class.

Flavour, Maximum 50.

Texture, Maximum 30.

Condition, Maximum 20.

Total, 100.

Remarks.

Flavour, including aroma......................

Texture, including body, gram, and moisture.........

Condition, including colour, salting, packing, and covering

\n```\n\nDated at , in the State of the day of 19 .\n\nExamining Officer.\n\n(This form shall be printed on green paper.)\n\n——\n\nForm 10c.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nCheese Class Certificate.\n\nthird class (under 75 points).\n\nThis is to certify that cheese, branded , and shipped per s.s. to on 19 , have been examined, and awarded points as follow:—\n\n```html\n

Class.

Flavour, Maximum 50.

Texture, Maximum 30.

Condition, Maximum 20.

Total, 100.

Remarks.

Flavour, including aroma......................

Texture, including body, grain, and moisture.........

Condition, including colour, salting, packing, and covering

\n```\n\nDated at , in the State of the day of 19 .\n\nExamining Officer.\n\n(This form shall be printed on orange paper.)\n\nC.7498. B.\n\n \nForm 11.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nRabbits or Hares Class Certificate.\n\nfirst class.\n\nThis is to certify that crates of , branded , and shipped per s.s. to on , 19 , have been examined, and classified as follows:—\n\nClass. Weight.\n\nDated at , in the State of this day of 19 .\n\nExamining Officer.\n\n(This form shall be printed on pink paper.)\n\n——\n\nForm 11a.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs.\n\nRabbits or Hares Class Certificate.\n\nsecond class.\n\nThis is to certify that crates of , branded and shipped per s.s. to , on 19 , have been examined, and classified as follows:—\n\nClass. Weight.\n\nDated at , in the State of , the day of 19 .\n\nExamining Officer.\n\n(This form shall be printed on blue paper.)\n\n——\n\nForm 11b.\n\nCommonwealth of Australia.\n\nDepartment of Trade and Customs,\n\nRabbits Class Certificate.\n\nSkinned Rabbits.\n\nThis is to certify that crates of skinned rabbits, branded and shipped per s.s. to , on 19 , have been examined, and classified as follows:—\n\nClass. Weight.\n\nSkinned rabbits.\n\nDated at , in the State of , the day of 19 .\n\nExamining Officer.\n\n(This form shall be printed on green paper.)\n\n \nForm 12.\n\nCommonwealth of Australia.\n\nCommerce Regulations.\n\nApplication for the Registration of a Brand.\n\n…………………………………………\n\n………………….………………19\n\nTo the Collector of Customs,\n\nPort of\n\nState of\n\nSir,\n\nI hereby make application for the registration, under the Commerce Regulations 1906, of the brand (or brands) of which (or each of which) seven copies are forwarded herewith. The brand (or brands) have been registered as trademark in the Trade Marks Office of the Commonwealth (or States of ).\n\n| Description of Brand. | Name and Address of Owner. | Name of article to which brand is to be applied. |\n| --------------------- | -------------------------- | ------------------------------------------------ |\n| | | |\n\nThe Comptroller-General.\n\nSubmitted.\n\nCollector of Customs, Applicant.\n\n/ /19 .\n\nRegistration approved.\n\nBrand registered, No.\n\n/ /19.\n\nComptroller-General,\n\n/ /19 .\n\nCollector informed accordingly\n\n/ /19 .\n\nBy Authority: J. Kemp, Acting Government Printer, Melbourne.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Regulations implement and operationalise the Commerce (Trade Descriptions) Act by specifying which goods require trade descriptions, the content and form of those descriptions, inspection and certification procedures, and administrative machinery. They do not on their face alter the Act’s jurisdictional reach but elaborate compliance obligations, procedural steps and technical standards for the covered goods."},"complexity_factors":["Large and heterogeneous scope of covered goods (foods, medicines, manures, apparel, jewellery, seeds, plants, dairy, meat, leather, fruit, jams, honey, rabbits/hares, maize, potatoes) increases regulatory detail and compliance variety.","Extensive labelling and composition requirements (net/gross weight, country/state of origin, drug lists, preservatives, material composition, loading percentages) demand technical declarations from importers/exporters.","Pre-export inspection, classification and certification regime with multiple certificate types, colour-coded forms and an approved stamp system imposes procedural complexity and record-keeping.","Operational logistics: appointed inspection places, refrigeration and storage temperature rules, timing requirements (arrival before shipment, notice periods) create coordination burdens for exporters and Customs.","Administrative discretion: Minister may appoint places, accept state inspections in lieu (s.14), alter stamps, and Comptroller-General manages brand registers and allowances.","Analytical and evidentiary procedures: sampling, appointed analysts, certificates of analysis as prima facie evidence introduce technical testing and potential disputes.","Interplay with trade-mark registration for brand registration links commercial IP regimes to export labelling eligibility, adding a legal prerequisite for some administrative steps."],"plain_english_summary":"These Regulations set detailed labelling, inspection and certification rules for specified imports and exports (food, medicines, dairy, meat, apparel, seeds, plants, leather, jams, honey, etc.). They require visible trade descriptions, specify technical standards and sampling/analysis, and make export conditional on pre-shipment inspection, approved stamps and certificates. Exporters must give notice, may pay officer fees for supervision, and follow appointed-place and storage rules. The Minister and Customs officers control appointments, inspections and brand registration."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":3240},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations establish extensive administrative machinery (inspection regimes, grading systems, brand registration) to implement the 1905 Act's trade description requirements. While creating significant procedural complexity and moving into quality assurance territory, this appears consistent with the enabling Act's purpose of regulating commerce descriptions."},"complexity_factors":["15 defined terms including technical specifications (e.g., pasteurization standards, butter fat percentages, 'Bitter Pit' in fruit)","Product-specific labeling rules for 13 different import categories and 16 export categories with varying requirements","Nested conditional logic (e.g., leather loading exemptions based on glucose/sugar percentages)","Point-based grading system for butter (100-point scale across 3 criteria) and cheese with four classification tiers","Mandatory temperature controls and cold storage requirements with geographic variations (South Africa exception for butter)","12 prescribed statutory forms with detailed tabular data requirements and specific coloured paper printing instructions","Dual-track compliance system: compulsory labeling versus optional classification/certification with approved stamps"],"plain_english_summary":"These 1906 regulations set Australia’s first nationwide truth-in-labelling and export quality-control regime under the Commerce (Trade Descriptions) Act 1905. They require accurate labelling of many imports and formal inspection, grading, storage and certification for key exports, especially foodstuffs.\n\nThey affect importers, exporters and Customs, aiming to curb misdescribed goods and protect Australia’s export reputation and trade standards."}},"importantCases":[],"_links":{"self":"/api/acts/commerce-regulations-1906","history":"/api/acts/commerce-regulations-1906/history","analysis":"/api/acts/commerce-regulations-1906/analysis","conflicts":"/api/acts/commerce-regulations-1906/conflicts","importantCases":"/api/acts/commerce-regulations-1906/important-cases","documents":"/api/acts/commerce-regulations-1906/documents"}}