{"id":"western-australian-products-symbol-act-1972","name":"Western Australian Products Symbol Act 1972","slug":"western-australian-products-symbol-act-1972","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111174,"registerId":"wa-western-australian-products-symbol-act-1972-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Australian Products Symbol Act 1972","content":"![Crest]()Western Australia\n\nWestern Australian Products Symbol Act 1972\n\nWestern Australia\n\nWestern Australian Products Symbol Act 1972\n\nContents\n\n1. Short title 1\n\n3. Interpretation 1\n\n4. Prescribed symbol 2\n\n5. Authority to use prescribed symbol 2\n\n6. Offences 2\n\n7. Appointment of inspectors 3\n\n8. Duties of inspectors 3\n\n9. Inspectors’ powers 3\n\n10. Occupier to allow entry and inspection 4\n\n11. Persons obstructing execution of this Act 4\n\n12. Secrecy 5\n\n14. Regulations 5\n\nSchedule\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nWestern Australian Products Symbol Act 1972\n\nAn Act to authorise the use of a symbol to distinguish and promote the sale of products made in Western Australia.\n\n##### 1. Short title\n\nThis Act may be cited as the *Western Australian Products Symbol Act 1972*.\n\n[**2.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n##### 3. Interpretation\n\nIn this Act —\n\n  container includes any basket, tray, packaging, wrapper, bottle or receptacle of any kind, whether open or closed, in or with which any product is or is intended to be contained, covered, enclosed or packed;\n\n  inspector means a person appointed as an inspector under the provisions of section 7;\n\n  sell, without limiting the scope of the primary meaning, includes —\n\n(a) placing on the market for sale;\n\n(b) bargaining, barter or exchange;\n\n(c) supply and use of any product under a contract for work and materials;\n\n(d) offering, exposing, receiving, supplying or possessing for the purposes of sale;\n\n(e) delivery for sale or on sale and with or without consideration;\n\n(f) wholesale, bulk, or retail trading;\n\n(g) disposal or offer for disposal under hire purchase or credit sale terms;\n\n(h) dealing in or agreeing to sell;\n\n(i) the supply of a substance as a sample for the purpose of inducing any person to purchase the product of which the sample consists or which it comprises; and\n\n(j) causing, suffering, permitting or attempting to sell.\n\n##### 4. Prescribed symbol\n\nThe form of design, irrespective of its size and colour, depicted in the Schedule is the prescribed symbol for the purposes of this Act.\n\n##### 5. Authority to use prescribed symbol\n\nA person who sells any product the production and preparation of which is substantially carried out in the State is authorised to affix to the product or to its container a prescribed symbol.\n\n##### 6. Offences\n\nA person who —\n\n(a) affixes, or causes or permits to be affixed, a prescribed symbol to any product or to the container of any product; or\n\n(b) sells a product to which, or to the container of which, a prescribed symbol is affixed,\n\nknowing that such product is not a product the production and preparation of which is substantially carried out in the State, commits an offence.\n\nPenalty: For a first offence, $50; for a second offence, $150; for a third or subsequent offence, $400.\n\n##### 7. Appointment of inspectors\n\n(1) The Minister may appoint any person to be an inspector under this Act.\n\n(2) Every person appointed to be an inspector under this Act shall be furnished with a certificate in the prescribed form evidencing his appointment and shall produce such certificate whenever required so to do by any person in respect of whom he has exercised or is about to exercise any of his powers under this Act.\n\n(3) Production of a certificate in the prescribed form shall be conclusive proof in any court of the appointment of the inspector to whom that certificate relates and of his authority to exercise the powers conferred upon an inspector appointed under this Act.\n\n##### 8. Duties of inspectors\n\n(1) It is the duty of an inspector to see that the provisions of this Act relating to prescribed symbols are being observed and, subject to the approval of the Minister, to commence and conduct prosecutions for offences under this Act.\n\n(2) The provisions of subsection (1) do not affect the right of any other person to prosecute for an offence against this Act.\n\n##### 9. Inspectors’ powers\n\n(1) An inspector, together with any person he thinks competent to assist him in making any inspection or examination, may during normal working hours enter any premises —\n\n(a) where he has reason to believe that products to which or to the containers of which prescribed symbols are affixed are produced, prepared or kept for sale; or\n\n(b) where he has reason to believe that an offence against this Act is or has been committed.\n\n(2) An inspector may —\n\n(a) take possession or make copies or extracts of any document that appears to him to be connected in any manner with any act or omission constituting an offence against this Act; and\n\n(b) take possession of any goods or samples of goods for use as evidence in any prosecution for an offence against this Act.\n\n(3) If, within thirty days of the taking, no prosecution is commenced against the person from whose custody possession was taken of any document, goods or samples, or against the owner thereof, the inspector shall return them forthwith.\n\n(4) In the exercise of his powers under this section an inspector shall conform so far as is practicable to such reasonable requirements of the person owning or using the premises in question as are necessary to prevent the working of the business or the conduct of operations on the premises being obstructed.\n\n##### 10. Occupier to allow entry and inspection\n\nThe occupier of any premises and any person in charge or apparently in charge of any premises shall furnish to an inspector all reasonable assistance and all such information that he is capable of furnishing or as required by that inspector with respect to the exercise of his powers and the discharge of his duties under this Act.\n\n##### 11. Persons obstructing execution of this Act\n\n(1) A person who wilfully obstructs any person acting in the execution of this Act commits an offence against this Act.\n\nPenalty: $200.\n\n(2) A person who fails to give to any person acting in the execution of this Act any assistance which that person may reasonably request him to give, or any information which that person is expressly authorised by this Act to call for or may reasonably require, or who, when required to give any such information, knowingly makes any misstatement in relation thereto, shall be treated as having wilfully obstructed that person.\n\n(3) Any statement made pursuant to any requirement made pursuant to this section, shall not, if the person making the statement objected, at the time of making it, to doing so on the ground that it might tend to incriminate him, be admissible in evidence in any prosecution against the person for any offence not being the offence of contravening or failing to comply with the provisions of this section.\n\n##### 12. Secrecy\n\nA person who discloses any information relating to any manufacturing process or trade secret used in carrying on or operating any particular undertaking or equipment or plant, that has been furnished to him or obtained by him under this Act, or in connection with the execution of this Act, is, unless the disclosure is made —\n\n(a) with the written consent of the person carrying on or operating the undertaking, equipment or plant;\n\n(b) in connection with the execution of this Act; or\n\n(c) subject to the provisions of section 11(3), for the purposes of any legal proceedings arising out of this Act or of any report of such proceedings,\n\nguilty of an offence against this Act.\n\nPenalty: $200.\n\n[**13.** Deleted: No. 9 of 2023 s. 167.]\n\n##### 14. Regulations\n\nThe Governor may make regulations for any purpose required or permitted by this Act for carrying out or giving effect to the objects of this Act.\n\nSchedule\n\n[s. 4]\n\n**Design of the prescribed symbol**\n\n![]()\n\n![]()\n\nNotes\n\nThis is a compilation of the *Western Australian Products Symbol Act 1972* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Western Australian Products Symbol Act 1972* | 54 of 1972 | 2 Oct 1972 | 2 Oct 1972 |\n| **Reprint 1: The *Western Australian Products Symbol Act 1972* as at 12 Sep 2003** | | | |\n| *Directors’ Liability Reform Act 2023* Pt. 3 Div. 68 | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(j)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncontainer 3\n\ninspector 3\n\nsell 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page hosting this Act has been removed or relocated during a website upgrade, and no substantive content was available for analysis."},"complexity_factors":["Legislation content is entirely unavailable — no substantive text could be analysed","Only the Act's title and a broken-link error page were provided","No provisions, definitions, schedules, or operative clauses are present to assess","Complexity score of 1 reflects inability to assess, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe text of the **Western Australian Products Symbol Act 1972** could not be retrieved. The legislation page no longer exists at its previous web address due to system upgrades on the Western Australian legislation website.\n\n**What we do know from the title alone:**\n- This Act dates from **1972**, making it over 50 years old\n- It likely relates to a certification or branding symbol used to identify products made in Western Australia\n- Such laws typically govern who can use an official 'WA Made' type symbol on products, and what penalties apply for misuse\n\n**To find the actual text of this Act**, visit the Western Australian legislation website at legislation.wa.gov.au and search for the Act by name, or contact the Parliamentary Counsel's Office Helpdesk directly."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Core scope remains the same: authorisation to affix a State‑prescribed symbol to qualifying WA‑made products, prohibition and penalties for misuse, and inspector enforcement powers. The compilation notes record an amendment (deletion of s.13) but no alteration to the Act’s main scheme as set out in ss.4–12 and s.14."},"complexity_factors":["Narrow, single‑issue subject matter (use of a prescribed symbol) keeps substantive scope limited (s.4–5).","Criminal enforcement with escalating monetary penalties introduces compliance risk for sellers (s.6).","Inspector appointment and broad inspection/seizure powers increase operational complexity for businesses subject to inspection (ss.7–9).","Obligations to assist and separate obstruction offences impose duties on occupiers and staff (ss.10–11).","Secrecy offence and evidentiary protection for compelled statements add legal constraints on disclosure (ss.11(3), 12).","Delegation of enforcement policy to the Minister and regulation‑making power to the Governor creates administrative discretion (s.7(1), s.14)."],"plain_english_summary":"This Act authorises sellers to use a government‑prescribed symbol (Schedule) on products substantially produced in Western Australia (s.5), forbids its use on non‑qualifying goods with escalating fines (s.6), and empowers the Minister to appoint inspectors with entry, seizure and enforcement powers (ss.7–9). The Governor may make regulations (s.14). Who pays: sellers who misuse the symbol risk fines. Who decides: the Minister (inspectors) and the Governor (regulations). Behavioural effect: encourages truthful labelling and permits inspections to verify origin."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: creating and regulating a 'Made in WA' symbol. The only amendment shown in the compilation table (Directors' Liability Reform Act 2023) deleted section 13, which likely removed director liability provisions in line with broader corporate law reforms. This is a narrowing rather than expansion of scope."},"complexity_factors":["Short statute — only 14 sections (with section 2 omitted and section 13 deleted)","Only 3 defined terms in the interpretation section (container, inspector, sell)","Simple conditional structure — offences in section 6 are straightforward prohibitions with tiered penalties","Minimal cross-referencing — mostly internal references (e.g., 'section 7', 'the Schedule')","One nested protection — section 11(3) contains a limited privilege against self-incrimination with specific conditions","Standard inspection powers template — similar to many other consumer protection/trade description laws of the era"],"plain_english_summary":"This law creates an official 'Made in Western Australia' symbol that businesses can use to label locally-made products. \n\n**What it does:**\n- Establishes a specific logo (shown in the Schedule) as the official 'Western Australian Products Symbol'\n- Allows businesses to use this symbol on products that are 'substantially' made or prepared in Western Australia\n- Makes it illegal to use the symbol on products that aren't genuinely local — with fines ranging from $50 to $400 depending on how many times you've been caught\n\n**Who it affects:**\n- **Manufacturers and sellers** in Western Australia who want to promote their products as locally made\n- **Businesses** that package or label goods — the law covers containers, wrappers, bottles, and any kind of packaging\n- **Inspectors** appointed by the Minister who can enter premises, check records, and seize samples to investigate misuse of the symbol\n\n**Why it matters:**\nThis is essentially a 'buy local' marketing tool backed by law. It helps consumers identify genuine Western Australian products and prevents businesses from falsely claiming local origin. The inspection and enforcement powers (including entry to premises and document seizure) show the government takes misuse seriously — though the penalties are modest by modern standards (the law dates from 1972 and the amounts haven't been updated).\n\n**Key definitions explained:**\n- **'Sell'** is defined extremely broadly — it includes bartering, giving samples, hire purchase, and even 'attempting to sell'\n- **'Substantially carried out in the State'** — the key test for using the symbol, though the Act doesn't define what percentage counts as 'substantial'"}},"importantCases":[],"_links":{"self":"/api/acts/western-australian-products-symbol-act-1972","history":"/api/acts/western-australian-products-symbol-act-1972/history","analysis":"/api/acts/western-australian-products-symbol-act-1972/analysis","conflicts":"/api/acts/western-australian-products-symbol-act-1972/conflicts","importantCases":"/api/acts/western-australian-products-symbol-act-1972/important-cases","documents":"/api/acts/western-australian-products-symbol-act-1972/documents"}}