Commerce (Trade Descriptions) Act 1905

Importers and exporters: primary obligations and criminal exposure fall on persons who import or export goods. The Act criminalises importing or exporting goods bearing a false trade description (ss9, 12), and makes goods entered for export or found in Australia without a prescribed trade description subject to forfeiture (ss7, 8, 11). Owners and importers are the parties addressed by Comptroller‑General notices requiring correction, application of descriptions, exportation or removal (ss7(3)(a), 10(3)(a), 11(3)(a), 13(3)(a)). For import control, the Comptroller‑General of Customs is expressly given general administration in relation to imports (s1A), so importers should expect Customs to be the deciding agency for import matters.

Owners, packers and manufacturers: the trade description definition expressly refers to the person who selected, packed or prepared goods for the market, and to marks which by trade custom indicate the defined matters (s3). That brings within scope manufacturers, packers and any intermediary who labels, marks or otherwise presents goods.

Customs officers and Comptroller‑General: officers are given inspection powers (s5). The Comptroller‑General has discretion to issue corrective notices and to determine whether a contravention was intentional or reckless for the purpose of imposing forfeiture or not (ss7(3), 10(3), 11(3), 13(3)). The Comptroller‑General can also make directions about exercise of inspection powers, which are legislative instruments (s5(4)-(5)).

Regulators and Ministers: the Governor‑General may make regulations carrying the Act into effect (s17(1)). The Minister retains a discrete gatekeeping power about prescribing trade descriptions that would disclose trade secrets, permitting disclosure only where the Minister considers it necessary for public health or welfare (s16).

Businesses dealing with marking, labelling and information standards: the Act allows regulations to adopt or incorporate information standards from the Competition and Consumer Act Schedule 2 (s7(3A)-(3B)). Entities subject to those information standards will be affected by any regulatory instrument made under this Act that incorporates them.

Persons in possession of goods found in Australia: imported goods found in Australia without prescribed trade descriptions, and those which bear false trade descriptions, are deemed, until the contrary is proved, to have been imported in contravention (ss8, 9A). That raises an evidential burden on the person in possession to rebut the presumption.

Administrative review applicants: persons with standing who are affected by certain Comptroller‑General decisions under s7(3), 10(3), 11(3) or 13(3) can apply to the Administrative Review Tribunal for review (s15(1)). The Act relies on the meaning of “decision” as it is defined in the Administrative Review Tribunal Act 2024 (s15(2)).

Third parties: service providers handling labelling, shipping agents and customs brokers will face operational obligations to ensure trade descriptions required by regulation are applied correctly and that export/import notices and compliance with Comptroller‑General directions are managed.

Duties to apply prescribed trade descriptions: Regulations may require prescribed trade descriptions to be applied to goods for importation or exportation (ss7(1), 11(1)). Where the regulations require a trade description to be applied and it is not, goods are subject to forfeiture, subject to the Comptroller‑General’s discretion where contravention was not intentional or reckless (ss7(2)-(3), 11(2)-(3)). The duty includes the form and manner specified by the regulations; a trade description required by regulation is deemed to be applied if used in the prescribed manner (s4(1A)).

Duty to provide notice of intention to export where required: persons intending to export goods that must be inspected under the Act must, if regulations require, give notice before shipping in accordance with the regulations, specifying where goods may be inspected (s6(1)). Failure attracts a penalty of 10 penalty units, and strict liability applies to the physical element that notice was given in accordance with the regulations (s6(2) and note).

Duty to avoid false trade descriptions: No person shall import goods to which a false trade description is applied (s9(1)), and it is an offence to intentionally apply a false trade description to goods intended for export or to intentionally export goods to which a false trade description is applied (s12(1)). The import offence attracts 100 penalty units (s9(1)), and the export intentional offence is punishable on conviction by up to 100 penalty units (s12(2)). Where goods to which a false trade description has been applied are prohibited from being imported or exported, they are forfeited to the Crown unless corrected under a Comptroller‑General notice where the contravention was not intentional or reckless (ss10(1)-(3), 13(1)-(3)).

Powers to inspect, sample and enter: officers may inspect goods prescribed by regulation, enter ships, wharves and places, open packages and take samples where practicable (s5(1)-(3)). Persons bringing goods to wharves or preparing goods for export should expect to allow such inspections.

Comptroller‑General discretion and directions: the Comptroller‑General may issue notices requiring correction, application of descriptions, exportation, withdrawal of entries or removal from ships/places, as an alternative to immediate forfeiture where the contravention was not intentional or reckless (ss7(3), 10(3), 11(3), 13(3)). The Comptroller‑General may also issue written directions about the exercise of inspection powers, who may exercise them and reporting requirements; those are legislative instruments (s5(4)-(5)).

Rights of review: affected persons can seek review of Comptroller‑General decisions under the specified subsections to the Administrative Review Tribunal (s15(1)). The Act ties the meaning of “decision” to the Administrative Review Tribunal Act 2024 (s15(2)), which frames what is reviewable.

Limits on regulation: the regulations must not require disclosure of trade secrets of manufacture or preparation unless the Minister considers such disclosure necessary for public health or welfare (s16). Regulations may prescribe penalties up to 50 penalty units (s17(2)), and may adopt information standards from Schedule 2 of the Competition and Consumer Act 2010 (s7(3A)-(3B)). Regulations for s7 cannot commence earlier than three months after Gazette notification (s7(4)).

Deemed importation contraventions and evidential presumptions: imported goods found in Australia without the prescribed trade description are, until contrary is proved, deemed to have been imported in contravention of regulations requiring such descriptions (s8). Similarly, imported goods found in Australia that bear a false trade description are, until contrary is proved, deemed to have been imported in contravention of the Act (s9A). These provisions shift an evidential burden to the person asserting otherwise.

Country‑of‑origin representations exception: representations of country of origin are not false trade descriptions for the purposes of the relevant importation/exportation provisions if they meet specified items and requirements in Schedule 2 to the Competition and Consumer Act 2010 (s10AA(1)-(3)). Several subsections of that Schedule apply by reference (s10AA(2)-(3)).

Monetary penalties set in the Act: The Act prescribes specific penalties for contraventions. Importing goods with a false trade description attracts a penalty of 100 penalty units (s9(1)). The export offence of intentionally applying a false trade description or intentionally exporting goods to which a false trade description is applied carries a maximum fine on conviction not exceeding 100 penalty units (s12(2)). Failure to give a required notice of intention to export, where regulations require notice, incurs a penalty of 10 penalty units (s6(1)). The regulations themselves may prescribe penalties up to 50 penalty units for regulatory contraventions (s17(2)). The Act uses the term “penalty units” and does not specify a dollar conversion; enforcement will use the current statutory value of a penalty unit as applicable.

Forfeiture to the Crown: Goods imported or exported in contravention of prohibitions under the regulations or of the prohibitions on falsely marked goods are, subject to the exceptions described below, forfeited to the Crown (ss7(2), 10(2), 11(2), 13(2)). Forfeiture is the immediate statutory consequence unless the Comptroller‑General exercises the discretion to require correction or removal where a contravention was not intentional or reckless (ss7(3), 10(3), 11(3), 13(3)).

Comptroller‑General discretion and corrective remedies: In multiple provisions, the Comptroller‑General may, if satisfied the contravention was not intentional or reckless, serve a written notice requiring corrective action, such as applying the prescribed trade description, correcting a false trade description, exporting the goods, withdrawing the export entry, or removing the goods from ship/wharf (ss7(3)(a), 10(3)(a), 11(3)(a), 13(3)(a)). If the owner or importer complies with the notice within any specified period, subsection (2) forfeiture provisions do not apply (ss7(3)(b), 10(3)(b), 11(3)(b), 13(3)(b)). The Comptroller‑General therefore has a gatekeeping role that can convert a forfeitable contravention into an enforceable compliance action.

Inspection and seizure powers: Officers may enter ships, wharves and places and open packages, and take samples where practicable (s5(1)-(3)). Entry and inspection are authorised for goods the officer reasonably believes are prescribed under the regulations. The Act allows samples to be dealt with as prescribed and enables analysis certificates to be treated as prima facie evidence as prescribed in regulations (s5(2); s17(1) regarding regulations about analysis and certificates). The Comptroller‑General may issue directions about the circumstances in which inspection powers are exercised, which are legislative instruments (s5(4)-(5)) and thereby potentially subject to parliamentary scrutiny and disallowance.

Evidential presumptions: For goods found in Australia without a prescribed trade description, and goods found in Australia bearing a false trade description, the Act provides that they are deemed, until the contrary is proved, to have been imported in contravention of the regulations or Act (ss8, 9A). These provisions shift the evidential burden onto the person seeking to rebut the presumption. The Act also specifies a defence in s9(2) for import prosecutions, if the defendant proves they did not intentionally import the goods in contravention.

Strict liability in limited circumstances: For the offence in s6(1) of failing to give notice of intention to export, strict liability applies to the physical element (circumstance) that the notice was given in accordance with the regulations (s6(2)). For other offences the Act does not generally apply strict liability, and several remedial provisions depend on the Comptroller‑General’s satisfaction that conduct was not intentional or reckless (ss7(3), 10(3), 11(3), 13(3)).

Interaction with the Criminal Code and Customs Act: The Act is to be read with the Customs Act 1901 (s2). The text includes a note that Chapter 2 of the Criminal Code applies to this Act in the way described in section 5AA of the Customs Act 1901 (note to s2). That cross-reference may affect elements such as fault, mental state and general criminal law principles applied to offences under this Act, as administered under the Customs Act framework.

Review and challenge avenues: Decisions of the Comptroller‑General under the remedial provisions are reviewable to the Administrative Review Tribunal (s15(1)). The Act defines the meaning of “decision” by reference to the Administrative Review Tribunal Act 2024 (s15(2)). The availability of review provides a procedural remedy to contest Comptroller‑General determinations that would otherwise lead to forfeiture or corrective notices.

Administrative instruments: The Comptroller‑General’s directions concerning exercise of inspection powers are legislative instruments under s5(4)-(5). That makes their content and exercise subject to the legislative instrument framework, including parliamentary scrutiny and disallowance processes as applicable to legislative instruments.

Incorporation with the Customs Act 1901: The Act is to be incorporated and read as one with the Customs Act 1901 (s2). The note to that section states that Chapter 2 of the Criminal Code applies to this Act in the manner described in section 5AA of the Customs Act 1901. The practical implication is that the Customs Act provides administrative machinery and criminal law interfaces that will apply to offences and processes under this Act; enforcement, prosecutions and procedural aspects will operate within the Customs Act legal architecture (s2 and associated note).

Comptroller‑General and Australian Border Force Act cross‑link: The Act defines “Comptroller‑General of Customs” by reference to subsection 11(3) or 14(2) of the Australian Border Force Act 2015 (s3). That cross-reference situates administrative authority and staffing within the institutional arrangements established by the Australian Border Force Act, and therefore links the Act’s administration to that framework.

Competition and Consumer Act Schedule 2 interactions: Section 10AA expressly imports the country‑of‑origin representation regime in Schedule 2 to the Competition and Consumer Act 2010. It provides that representations referred to in the first column of the table in subsection 255(1) of Schedule 2 are not false trade descriptions if the corresponding requirements in the second column are met. Subsections 255(2), (5), (7), (8) and (9) of that Schedule apply in relation to s10AA(1) as they apply to subsection 255(1) of Schedule 2 (s10AA(2)), and regulations made under subsection 255(3) of Schedule 2 apply in relation to the applied subsection 255(2) (s10AA(3)). Separately, s7(3A) and (3B) permit regulations under this Act to apply, adopt or incorporate information standards declared under sections 134 or 135 of Schedule 2 to the Competition and Consumer Act 2010. Regulations made under this framework may therefore make compliance contingent on national information standards about labelling and representations.

Export Control Act carve‑out: Part IV (the export provisions) does not apply to goods that are “prescribed goods” within the meaning of the Export Control Act 2020 (s10A). This excludes from the export trade description regime those classes of goods that are regulated under the Export Control Act, thereby avoiding regulatory overlap for goods covered by that Act.

Legislation Act 2003 exception: Section 7(3A) expressly provides that, despite subsection 14(2) of the Legislation Act 2003, regulations made for s7 may make provision in relation to a matter by applying or incorporating an information standard “as in force or existing from time to time.” This is a targeted exception to the usual constraints on incorporation by reference, allowing dynamic adoption of information standards without a static snapshot, subject to the definition of information standard in s7(3B).

Administrative Review and Tribunal Act relationship: The right to review Comptroller‑General decisions under s7(3), 10(3), 11(3) or 13(3) is conferred to the Administrative Review Tribunal (s15(1)). The Act instructs that the meaning of “decision” in s15(1) is to match that in the Administrative Review Tribunal Act 2024 (s15(2)), tying reviewability definitions to the Tribunal Act.

Regulatory instrument status: Directions issued by the Comptroller‑General under s5(4) are legislative instruments (s5(5)), which subjects those directions to the legislative instrument framework, and means they will interact with the Legislation Act 2003 requirements for legislative instruments.

Criminal Code application via Customs Act: The note to s2 indicates Chapter 2 of the Criminal Code applies in the way described in s5AA of the Customs Act 1901. That cross-reference will determine how mental element requirements, strict liability rules and defences in Chapter 2 apply to offences under this Act when prosecuted under the Customs Act machinery.

Regulatory penalties cap: While the Act prescribes certain monetary penalties, it also allows the Governor‑General to make regulations prescribing penalties not exceeding 50 penalty units for offences against the regulations (s17(2)). That ties the potential regulatory penalty regime to the Act but allows subordinate instruments to create lower-level offences and sanctions within the cap.

The text of the Act as provided contains a number of cross-references to statutes and instruments enacted after 1905 and to procedural frameworks that indicate subsequent integration into modern statutory architecture. The Act itself does not provide an internal narrative of its historical amendments; instead, the text references current instruments and Acts as they stand at the time of this version, namely:

• The Customs Act 1901, with a note that Chapter 2 of the Criminal Code applies via section 5AA of the Customs Act (s2 and note).
• The Australian Border Force Act 2015, which supplies the statutory basis for the Comptroller‑General of Customs definition (s3).
• The Competition and Consumer Act 2010, Schedule 2, which supplies information standards and the country‑of‑origin representation framework referenced in ss7(3A), (3B) and 10AA.
• The Legislation Act 2003, referenced in s7(3A) as being displaced “despite subsection 14(2)” for the purposes of incorporating information standards.
• The Export Control Act 2020, which carves out certain prescribed goods from Part IV’s export provisions (s10A).
• The Administrative Review Tribunal Act 2024, which is relied upon to define “decision” for the purposes of review under s15(2).

The Act documents neither the dates nor the specific amending instruments that introduced those cross-references and modernisations. The presence of those cross-references demonstrates statutory integration with contemporary administrative, consumer protection and export control machinery. To determine the precise amendment timeline and legislative instruments that inserted specific provisions or cross-references, one must consult the consolidated Act history or the Commonwealth Gazette and the Federal Register of Legislation amendment notes. The Act itself, as printed here, does not list a schedule of amendments or dates of amendment.

The provided text contains no cases, reported decisions or references to litigation applying or interpreting this Act. It does not list judicial decisions, appeal paths beyond administrative review, or precedent. The only dispute-resolution mechanism cited within the Act is administrative review to the Administrative Review Tribunal for certain decisions of the Comptroller‑General under ss7(3), 10(3), 11(3) or 13(3) (s15(1)). The note to s2 indicates Chapter 2 of the Criminal Code applies in the way described in the Customs Act 1901, which means criminal prosecutions would proceed under that architecture when charges are brought, but no judicial authorities are named in the Act text.

Because the statute text does not provide litigation history, any practitioner seeking precedent, judicial interpretation of terms such as “false trade description”, “intentional or reckless”, or the operation of evidential presumptions in ss8 and 9A, will need to research case law databases and tribunal decisions external to the Act. The Act itself does not supply case citations or summaries.

Deemed application and import entries: The definition of trade description expressly includes an import entry (s3). That means an item of paperwork used to clear goods may itself be treated as a trade description; errors or misstatements in import entries can therefore engage the Act. Practitioners should note that import documentation is not a peripheral matter, but falls squarely within the statutory concept.

Evidential presumptions reverse burden: Sections 8 and 9A state that imported goods found in Australia without prescribed trade descriptions, or which bear false trade descriptions, shall until the contrary is proved be deemed to have been imported in contravention. Those provisions shift proof burdens and create a rebuttal task for the person in possession. “Until the contrary is proved” is an evidential presumption that must be addressed in defence or response to enforcement action (ss8, 9A).

Intentional or reckless threshold for avoiding forfeiture: Several remedial provisions allow the Comptroller‑General to avoid forfeiture if satisfied that the contravention was not intentional or reckless, and to require corrective action instead (ss7(3), 10(3), 11(3), 13(3)). The Act provides no statutory definition of “intentional or reckless” itself; the standard and how it is applied in practice will be administered by the Comptroller‑General and subject to review to the Administrative Review Tribunal (s15(1)). That delegative discretion is consequential: whether an owner qualifies for corrective notice rather than immediate forfeiture depends on an administrative assessment.

Strict liability limited to notice requirement: Section 6(2) imposes strict liability only for the physical element that the notice required to be given (if regulations require notice) is a notice in accordance with the regulations. Other offences in the Act are not explicitly made strict liability offences, and the Act elsewhere relies on mental elements such as intentionality for some export offences (s12(1)). Practitioners should note the different fault constructs across provisions.

Regulations can incorporate evolving standards: Sections 7(3A) and (3B) allow regulations to adopt information standards “as in force or existing from time to time,” creating a moving‑target compliance obligation. The Act declares that this is allowed despite Legislation Act 2003 subsection 14(2) (s7(3A)). Practically, compliance obligations can change as an information standard updates unless the regulation fixes a version, and the Act permits dynamic incorporation.

Three‑month delay on certain regulations: Regulations under s7 may not take effect until at least three months after Gazette notification (s7(4)). That timing requirement affects implementation planning for businesses and administrators, and creates a minimum lead time between notice and regulatory effect.

Trade secrets protection subject to Ministerial exception: Regulations shall not prescribe trade descriptions that disclose trade secrets of manufacture or preparation, unless the Minister considers the disclosure necessary for public health or welfare (s16). The Minister’s opinion is the statutory trigger permitting such disclosure. The term “trade secret” is not defined in the Act; scope will therefore be ripe for administrative interpretation and potential review.

Inspection powers and sample handling: Officers may enter ships, wharves and places and open packages (s5(3)), and may take samples to be dealt with as prescribed (s5(2)). The Act also anticipates regulations on analysis and the admissibility of certificates of analysis as prima facie evidence (s17(1)). Handling of samples, possession during analysis and chain‑of‑custody procedures require attention when preparing to contest analysis results or enforce compliance.

Interface with country‑of‑origin rules can exclude otherwise false descriptions: Section 10AA creates a carveout for representations of country of origin where they meet the Schedule 2 requirements of the Competition and Consumer Act 2010. That means a representation that might otherwise look like a false description could be lawful if it satisfies the Schedule 2 item. Practitioners must look to Schedule 2 rules to determine whether a country‑of‑origin representation is protected from being treated as a false trade description.

Administrative instrument status for Comptroller‑General directions: Directions by the Comptroller‑General about inspection powers are legislative instruments (s5(4)-(5)), which subjects them to the legislative instrument framework. However, the content of those directions may substantially affect the operational exercise of inspection powers, reporting obligations and which officers exercise powers, and will not be contained in the Act text.

Penalties remain in penalty‑unit terms: The Act specifies penalties in penalty units; the dollar value of penalty units changes over time and is not stated in the Act. Calculating financial exposure requires checking the current statutory value of a penalty unit at the time of enforcement.

Registration and recordkeeping gaps: The Act requires prescribed trade descriptions to be applied in such manner as regulations prescribe (ss7(1), 11(1), s4(1A)). The Act does not itself specify recordkeeping, labelling formats or retention periods, which will be left to the regulations and any incorporated information standards. Businesses cannot assume uniform requirements without consulting the regulations and any adopted information standards.

Export carve‑outs: Part IV does not apply to “prescribed goods” within the Export Control Act 2020 (s10A). Operators dealing with goods regulated under export control should confirm whether those goods are carved out to avoid duplicated obligations.

Review limited to specific Comptroller‑General decisions: The Act provides for review only of certain Comptroller‑General decisions listed in s15(1). Broader enforcement decisions, exercise of seizure powers, or regulatory decisions not listed may not be reviewable under s15(1), and the contours of what is reviewable are linked to the Administrative Review Tribunal Act 2024’s definition of “decision” (s15(2)).

Identify applicable regulations and information standards: The Act delegates detailed duties to regulations, including what trade descriptions must be applied and how, and permits adoption of information standards under Schedule 2 of the Competition and Consumer Act 2010 (s7(1), (3A)-(3B)). The immediate compliance task is to obtain and review the regulations made under this Act and any information standard incorporated by reference, and to map obligations to products, import/export processes and documentation.

Ensure labelling and documentation meet prescribed forms and manner: Where the regulations require a trade description to be applied, comply with the prescribed character, matters covered and manner of application (ss7(1), 4(1A)). Because the Act deems trade descriptions applied to coverings, labels or associated items, ensure all packaging, labelling and import documentation is accurate and matches the regulated form (s4(1)-(2), s3).

Manage import entries carefully: Because an import entry is explicitly included within the definition of trade description (s3), ensure import entries are accurate, consistent with physical goods, and meet any prescribed information standards. Errors in import entries can be treated as trade descriptions and potentially lead to enforcement action under the Act.

Prepare for inspections and sampling: Officers may enter ships, wharves and places, open packages and take samples for analysis (s5(1)-(3)). Maintain accessible records, facilitate inspection and sampling, and implement chain‑of‑custody and sampling documentation procedures. Know the prescribed procedures for dealing with samples and certificates of analysis as provided in regulations (s5(2); s17(1)).

Implement notice procedures for exports where required: If the regulations require notice of intention to export for prescribed goods, establish administrative processes to ensure notices are given in accordance with the regulations before shipping, and that the notice specifies where goods may be inspected (s6(1)). Strict liability applies as to whether the notice was given in accordance with the regulations (s6(2)); compliance systems should therefore be designed for reliable documentary proof.

Avoid intentional or reckless mislabelling: To preserve the remedial option of corrective notices rather than forfeiture, avoid conduct that could be characterised as intentional or reckless mislabelling. If a contravention occurs through mistake, promptly engage with Customs and be prepared to comply with a Comptroller‑General notice to correct the description or remove/ export the goods (ss7(3)(a), 10(3)(a), 11(3)(a), 13(3)(a)).

Document efforts to comply and correct errors: The Act provides remedial pathways that depend on the owner or importer complying with a Comptroller‑General’s notice within a specified period (ss7(3)(b), 10(3)(b), 11(3)(b), 13(3)(b)). Good documentation of remedial steps, communications with Customs and timelines will support eligibility for those remedies and for any administrative review.

Check country‑of‑origin representations against Schedule 2 criteria: Where labelling involves country‑of‑origin claims, confirm whether representations meet the applicable items and requirements in Schedule 2 to the Competition and Consumer Act 2010. If so, such representations will not be treated as false trade descriptions for the purposes of ss9, 9A and 10 (s10AA(1)-(3)).

Assess whether goods fall under the Export Control Act carve‑out: For exports, confirm whether the goods are “prescribed goods” under the Export Control Act 2020; if so, Part IV does not apply (s10A). If goods are within the carve‑out, separate export control compliance will be the governing regime.

Review regulations for penalty exposure and compliance windows: Regulations can prescribe penalties up to 50 penalty units (s17(2)), and s7 regulations cannot take effect for at least three months after Gazette notification (s7(4)). Track regulatory commencement dates and any transitional arrangements to avoid inadvertent non‑compliance.

Engage with legal or compliance counsel before relying on trade‑secret protections: The Act prohibits regulations from requiring disclosure of trade secrets unless the Minister considers it necessary for health or welfare (s16). If proposed regulatory descriptions could expose trade secrets, seek legal advice and consider making representations to the Minister or otherwise engaging in rulemaking processes.

Prepare for administrative review: If a Comptroller‑General decision under s7(3), 10(3), 11(3) or 13(3) is adverse, an application can be made to the Administrative Review Tribunal (s15(1)). Understand the Administrative Review Tribunal Act 2024 definition of “decision” as it determines reviewability (s15(2)), and prepare materials for tribunal review where appropriate.

Coordinate with customs brokers and supply‑chain partners: Because labelling, import entries, packing and shipping are often handled by intermediaries, ensure contracts and operating procedures allocate responsibility for accurate trade descriptions, recordkeeping, notices and responses to inspections. Errors by agents may be treated as trade descriptions; contractual risk allocation and oversight reduce exposure.

Monitor legislative instruments and Comptroller‑General directions: Directions under s5(4) are legislative instruments (s5(5)). Monitor the Federal Register of Legislation and the Gazette for regulations, legislative instruments and adopted information standards that will affect operational practice, and plan compliance changes within the three‑month regulatory commencement window where applicable (s7(4)).

Seek clarity on samples and analyses processes: Because samples are to be “dealt with as prescribed” and regulations may provide for certificates of analysis to be prima facie evidence (s5(2); s17(1)), ensure understanding of analytical methods, rights to be present during sampling, retesting procedures and admissibility rules, and incorporate them into compliance and dispute response planning.