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.