The Act introduces a small vocabulary of statutory concepts that govern beef labelling and related regulatory power.

• "Beef". Each of the new sections defines "beef" consistently as "the whole or any part of the carcase of any bovine animal" (see 23A(4), 23B(5), 23C(3)). That is the scope term used throughout Division 2A and captures whole cuts and parts of carcasses; it does not in the text differentiate between fresh, processed or mixed products.

• "AUS-MEAT language" and "AUS-MEAT manual". Section 23B(5) defines AUS-MEAT language as words, letters or symbols (excluding the words "beef", "steak", "veal" or any cooking method) that the AUS-MEAT manual uses to designate a particular type, quality, classification, category, cut or grade. The AUS-MEAT manual is defined as the Australian Meat Industry Classification System (Manual 1) (2009 edition) published by AUS-MEAT Limited (ACN 082 528 881), or a replacement document if prescribed. The statute therefore imports by reference a named private standard and permits substitution by regulation.

• "Consumer descriptor". Section 23B(5) defines consumer descriptor as a word or expression that the regulations prescribe for use to describe beef that is of a cut prescribed by the regulations. The content of "consumer descriptors" is left to the regulations.

• "Beef labelling schemes". Section 23A(1) contemplates formal regulatory schemes. The regulations may set schemes that apply to specified types of beef and may set what descriptions mean, what is allowed or prohibited, and records that must be kept (23A(2)). The Act makes clear that such schemes are to be implemented by regulation rather than by primary legislation in Division 2A.

• Misleading or deceptive conduct and false description. The Act does not recreate the general offences or remedies. Instead, sections 23B and 23C configure specified conduct as falling within existing section 18(1) (misleading or deceptive conduct) and section 18(2) (false descriptions). The new provisions are therefore derivative: they specify circumstances that will be treated under the existing general provisions.

• Exemption for immediate consumption. Section 23D provides an exemption that explicitly covers persons selling beef that has been cooked and is intended for immediate consumption, such as restaurants and take-away shops, though regulations can carve out classes of persons who will not enjoy that exemption from a specified date.

These concepts allocate rule-making authority, import a private standard as the statutory benchmark, state presumptions about misleading conduct and false description, and create an availability of a consumer-facing exemption. Each concept is defined and operates within the textual limits of the inserted Division 2A.

The inserted provisions target three groups directly: regulators, businesses that label or sell beef, and owners or maintainers of the AUS-MEAT manual.

• Regulators (executive and drafting agencies). Section 23A grants the regulations broad powers to prescribe schemes for labelling any type of beef intended for sale. That power includes specifying the types of beef covered (23A(2)(a)), mandatory labelling content (23A(2)(b)), ancillary conditions (23A(2)(c)), prohibitions (23A(2)(d)), and record-keeping obligations (23A(2)(e)). Regulators therefore make the operational rules that will determine compliance requirements, and they may also prescribe a replacement AUS-MEAT manual for the statutory definition (23B(5)).

• Food businesses that label, advertise, package or sell beef. Section 23B begins with the phrase "a person carrying on a food business is taken to have engaged in conduct that is misleading or deceptive" in specified situations. The text therefore places obligations and potential exposure to sanction on any person who is carrying on a food business and who advertises, packages, labels or sells beef. The definition of "beef" in the Division is broad: "the whole or any part of the carcase of any bovine animal" (23A(4), 23B(5), 23C(3)), so businesses processing parts of carcases or selling component cuts are within scope.

• Businesses voluntarily adopting prescribed schemes. Section 23B(1)(b) and (3) identify a particular exposure for businesses that choose to label in accordance with a scheme prescribed under section 23A but do not apply that scheme consistently to all the beef to which the scheme applies that they advertise, package, label or sell. Voluntary adopters therefore acquire a consistency obligation.

• AUS-MEAT Limited and users of the AUS-MEAT manual. The Act expressly names AUS-MEAT Limited and attaches the 2009 edition of Manual 1 as the initial statutory reference (23B(5)). Parties that use AUS-MEAT language will be measured against that manual, and AUS-MEAT Limited’s published classifications thus function as a statutory benchmark unless replaced by regulation.

• Restaurants and take-away food shops, and similar outlets. Section 23D exempts persons selling cooked beef intended for immediate consumption, explicitly listing restaurants and take-away food shops as examples (23D(1)). However, the regulations may prescribe classes of persons for which that exemption will not apply from a specified date (23D(2)), so such establishments may be affected depending on later regulations.

Who pays. The compliance cost burden falls primarily on food businesses that label, package, advertise or sell beef because they must (i) follow any prescribed schemes; (ii) use AUS-MEAT language consistently if they use it (23B(2)); (iii) avoid the specific labelling traps in 23B(1)(c)-(d); and (iv) ensure that AUS-MEAT-labelled beef has been assessed and meets the manual’s standards (23C(1)(a)). If regulations impose record-keeping requirements under 23A(2)(e), those businesses will also be obliged to store and produce records.

Who decides. Regulators decide scheme content through regulations under 23A(1) and may prescribe replacement manuals and consumer descriptors (23B(5), 23B(5) definition). The courts or administrative bodies applying s 18(1) and s 18(2) will decide whether conduct falls within the specified taken-to-have-engaged or falsely-described categories.

The inserted Division 2A creates duties, conditional duties and an exemption, and it preserves existing enforcement provisions.

Primary duties and conduct triggers

• Duty to avoid the specified misleading or deceptive conduct scenarios. Section 23B states that a person carrying on a food business is taken to have engaged in misleading or deceptive conduct under section 18(1) if any of the listed situations occur. The situations of particular operational effect are:

  • inconsistent use of AUS-MEAT language (23B(1)(a); 23B(2));
  • voluntary adoption of, but inconsistent compliance with, a prescribed scheme (23B(1)(b); 23B(3));
  • labelling or advertising with the word "budget" without also including "low grade" or "low quality" (23B(1)(c));
  • labelling or advertising with the word "manufacturing" without also including "suitable for mince only" (23B(1)(d)).

• Duty of consistent usage where AUS-MEAT language is used. Section 23B(2) specifies that a person does not "use AUS-MEAT language consistently" if they advertise, package, label or sell some beef by reference to AUS-MEAT language while advertising, packaging, labelling or selling other beef by different means that do not include AUS-MEAT language or a consumer descriptor. This places a consistency obligation across product lines.

• Duty when voluntarily adopting prescribed schemes. Section 23B(3) imposes a consistency obligation for voluntary adopters. If a person labels any beef in accordance with a prescribed scheme but does not comply with that scheme in respect of all beef to which the scheme applies that they advertise, package, label or sell, the person is taken to have engaged in misleading or deceptive conduct.

• Duty to ensure AUS-MEAT assessments and standards when using AUS-MEAT language. Section 23C(1)(a) makes it a false description under section 18(2) if beef is described by AUS-MEAT language referable to a particular type or grade and it has not been assessed in accordance with the AUS-MEAT manual, or it does not comply with the manual’s standards. This imposes an evidentiary and substantive duty on those who label under AUS-MEAT classifiers.

• Duty to comply with prescribed schemes and consumer descriptor rules. Section 23C(1)(b) and (c) render a description false if it fails to comply with a scheme prescribed under 23A, or if a consumer descriptor is used but the beef cannot be described as being of the prescribed cut.

Record-keeping and prohibitions by regulation

• Section 23A(2)(d)-(e) give regulators power to prohibit activities and require records. Where such regulations are made, the record-keeping obligation becomes a statutory duty, and prohibitions become enforceable regulatory rules.

Exemption and rights to exemption

• Exemption for cooked beef intended for immediate consumption. Section 23D(1) exempts any person selling cooked beef intended for immediate consumption, including restaurants and take-away shops, from sections 23B and 23C. That is a statutory right, conditional on the product being cooked and intended for immediate consumption.

• Regulators’ power to limit the exemption. Section 23D(2) permits the regulations to prescribe persons or classes of persons to whom the exemption will not apply from a specified date. That means the exemption is subject to regulatory modification.

Preservation of other rights and enforcement

• Sections 23A(3), 23B(4) and 23C(2) state that these provisions do not limit the operation of existing food safety scheme provisions or section 18(1)/(2). The practical effect is that rights and remedies under other parts of the Food Act remain available, and the new provisions operate alongside them.

In sum, the duties attach to labelling, advertising and sale practices; duties depend on whether a business uses AUS-MEAT language or adopts a prescribed scheme; regulations may add duties such as records and prohibitions; and an exemption exists for cooked ready-to-eat beef subject to potential regulatory curtailment.

The inserted Division 2A does not itself prescribe new penalty levels or create standalone enforcement provisions in the text supplied. Instead, it operates by reference to existing enforcement provisions in section 18 of the Food Act.

• Enforcement mechanism by reference. Sections 23B and 23C frame certain conduct for the purposes of section 18(1) and section 18(2) respectively. Section 23B begins by stating that, "for the purposes of section 18(1), a person carrying on a food business is taken to have engaged in conduct that is misleading or deceptive" in the stated circumstances (23B(1)). Section 23C begins by stating that, "for the purposes of section 18(2), beef is falsely described if" in the stated circumstances (23C(1)). Those cross-references mean that whatever enforcement, remedial and penalty regime section 18 supplies will apply to the conduct or descriptions identified in 23B and 23C.

• No fresh offence creation in Division 2A. The Division does not separately create new criminal offences or civil penalty provisions; it relies on the existing machinery of section 18. The Division also states that it does not limit the operation of section 18(1) and section 18(2) (23B(4), 23C(2)), implying that other existing enforcement avenues remain available.

• Regulation-enabled prohibitions and records. Section 23A permits regulations to "prohibit activities in relation to the labelling of beef" and to "require records to be kept in relation to the labelling of beef" (23A(2)(d)-(e)). If the regulations exercise these powers, the prohibition or record-keeping requirement may carry specified penalties or compliance mechanisms in the regulations or in other parts of the Food Act. The Division itself does not supply the penalty quantum or enforcement steps for those delegated rules.

• Practical enforcement actors. The Division does not change who enforces section 18. The text supplied does not name an enforcing agency, tribunal or court. Enforcement action in practice therefore depends on the enforcement framework already established by the Food Act for section 18 and by any regulations made under the new head of power.

• Evidentiary levers. Section 23C(1)(a) gives an evidentiary foothold for enforcement: an AUS-MEAT description will be a false description if the product has not been assessed according to the AUS-MEAT manual or does not meet the manual’s standards. That creates a clear factual inquiry for an enforcement agency: was assessment made and do the standards apply.

To summarise, Division 2A identifies specific misleading or false-descriptive conduct and delegates some regulatory prohibitions and record-keeping powers, but the enforcement and penalties applicable to that conduct are those available under section 18 and under any regulations subsequently made under section 23A. The inserted text does not itself specify penalty amounts or the enforcement agency.

The inserted provisions are expressly framed as operating alongside existing Food Act provisions and as dependent on regulations made under the Act.

Preservation of existing Food Act provisions

• Sections 23A(3), 23B(4) and 23C(2) each state that the relevant new section "does not limit" other provisions: 23A(3) preserves the operation of provisions relating to food safety schemes; 23B(4) states that section 23B does not limit the operation of section 18(1); and 23C(2) states that section 23C does not limit the operation of section 18(2). The text therefore positions the new rules as supplementary or clarifying rather than as replacements or exclusions. Enforcement and remedies under section 18 and food safety scheme provisions remain available.

Interaction with delegated legislation

• The new head of power in section 23A(1) depends on the regulation-making process. The scope and content of labelling schemes will therefore be determined by delegated legislation. That means the practical legal rules that businesses must follow will be in the regulations, not only in Division 2A. Where the regulations create prohibitions or record-keeping obligations (23A(2)(d)-(e)), the interaction is direct: the Division gives prescription power, and the regulations will interact with other regulatory regimes, including existing labeling or consumer protection rules enacted elsewhere.

Reference to a private standard

• The statutory incorporation by reference of the AUS-MEAT manual (23B(5), 23C(1)(a)) brings a private industry standard into the public regulatory structure. The definition names AUS-MEAT Limited and the 2009 edition of Manual 1 as the benchmark, and it permits a replacement document to be prescribed. That creates an interaction between the Food Act and the content of the AUS-MEAT manual, with compliance or enforcement potentially turning on whether an assessment and classification have been done in accordance with that external document.

Consumer law and trade descriptions

• Sections 23B and 23C operate with reference to general misleading and false description provisions in section 18. They do not repeal or narrow other consumer law regimes. The Division’s explicit non-limitation clauses mean that other legal pathways for addressing misleading descriptions (for example, general consumer protection laws if they remain part of the statutory framework) are not displaced by Division 2A as per the text supplied.

Exemptions and sector-specific carve-outs

• The exemption in section 23D places restaurants and take-away food shops in a special position for cooked beef intended for immediate consumption. However, section 23D(2) permits the regulations to specify persons or classes for which the exemption will not apply from a specified date. That regulatory power creates a potential interaction with licensing, health and safety, or hospitality-specific regulation, because regulators could decide to align labelling requirements for certain food service outlets by regulation.

Limits on scope

• The Division uses the word "beef" consistently as "the whole or any part of the carcase of any bovine animal" (23A(4), 23B(5), 23C(3)). Because the text provided does not introduce separate rules for mixed products, manufactured foods containing beef, or processed products, the interaction with laws governing composite foods will depend on regulatory detail later prescribed.

In short, Division 2A is designed to operate alongside and through existing Food Act provisions and delegated regulations. The interactions that matter in practice will largely be determined by the content of regulations prescribed under section 23A and by how enforcing agencies apply section 18 in cases that involve AUS-MEAT language or prescribed consumer descriptors.

The supplied text is an inserted Schedule to the Food Act 2003. It contains these amendment-history facts internal to the instrument.

• Short title and commencement. The Act is identified as the Food Amendment (Beef Labelling) Act 2009 (see the Name of Act provision). Section 2 states commencement is "on a day or days to be appointed by proclamation". There are no commencement dates fixed in the supplied text.

• Schedule insertion. Schedule 1 is titled "Amendment of Food Act 2003 No 43" and inserts Part 2, Division 2A into the Food Act 2003 after section 23 (Schedule 1, item [1]). The Schedule contains the new sections 23A-23D in full.

• Internal schedule note. The Schedule heading includes the marginal note "sch 1: Am 1987 No 15, sec 30C." That appears as an editorial annotation in the supplied text. The Schedule also ends with a bracketed note "[2] (Repealed)". The supplied text does not supply explanatory material or metadata beyond those notations, and it does not record any subsequent amendments to the inserted Division 2A.

• No later amending instruments in the text. The supplied text contains only the amendment effected by Schedule 1 inserting Division 2A and the standard commencement provision. It does not show any later amendments, repeals, or modifications to the newly inserted sections.

• Regulation-making dependency. The substantive practical application of the provisions depends on regulations to be made under the head of power in section 23A(1). The supplied text therefore records a legislative insertion that anticipates future regulatory instruments which will materially amend the operational detail applicable to beef labelling.

Taken together, the amendment history contained in the instrument is limited: the Act inserts Division 2A into the Food Act 2003, provides for proclamation commencement, and makes textual cross-references and definitions. The instrument itself does not show any subsequent modification or judicial interpretation.

The supplied instrument contains no reported litigation, cases, decisions or tribunal determinations. The text references section 18(1) and section 18(2) of the Food Act for misleading or deceptive conduct and false descriptions, but it does not cite or summarise any judicial or administrative rulings that have applied these new sections.

What the supplied text conveys about litigation prospects

• No cases recorded in the text. The Division 2A provisions are statutory insertions and contain no historical notes, marginal notes citing cases, or schedules of judicial consideration. As a result, the instrument itself offers no litigation history to rely on.

• Litigation will depend on enforcement of section 18. Because sections 23B and 23C operate for the purposes of section 18(1) and 18(2) respectively, any litigation emerging from these clauses will take place within the enforcement framework and appellate pathways available for section 18 actions. The supplied text does not supply details of those pathways.

• Evidentiary issues likely to arise. The text supplies built-in factual questions that would be central in litigation but does not record any precedent. Examples of factual disputes that would arise in enforcement litigation include:

  • whether a particular word or symbol constitutes AUS-MEAT language under the AUS-MEAT manual as referenced in the statute (23B(5));
  • whether beef labelled with an AUS-MEAT descriptor has in fact been assessed "in accordance with the requirements of the AUS-MEAT manual" or complies with the manual's standards (23C(1)(a)(i)-(ii));
  • whether a producer has used AUS-MEAT language "consistently" as defined in 23B(2);
  • whether a person has voluntarily adopted and then failed to consistently comply with a prescribed scheme (23B(3)).

• No recorded interpretative disputes in the supplied text. The text does not provide guidance on interpretative points such as how strictly courts would construe "consistently", how the AUS-MEAT manual is to be treated as evidence, or whether the exemption for cooked beef intended for immediate consumption will be narrowly or broadly construed.

In sum, the instrument itself contains no litigation history. Any judicial or enforcement record that interprets or applies these sections is not present in the supplied text and would need to be found in external case law or tribunal records beyond this instrument.

The Division contains several technical features and regulatory dependencies that create traps for regulated parties and compliance advisers. The following are concrete, source-grounded points to watch.

1. AUS-MEAT language inconsistency rule is cross-product. Section 23B(2) defines a lack of consistent use of AUS-MEAT language as a situation in which a person advertises, packages, labels or sells some beef by AUS-MEAT language but advertises, packages, labels or sells other beef by any other means that does not include AUS-MEAT language or a consumer descriptor. The practical effect is that partial adoption of AUS-MEAT language across product lines, absent other permitted descriptors, can be "taken" to be misleading or deceptive. Businesses that use AUS-MEAT language for some cuts but not others therefore risk exposure unless they standardise descriptors or adopt prescribed consumer descriptors across the relevant range.

2. Voluntary adoption creates obligations. Section 23B(3) makes clear that if a person adopts a prescribed scheme voluntarily for any beef, but then fails to comply with that scheme for all applicable beef they advertise, package, label or sell, the person is taken to have engaged in misleading or deceptive conduct. That can be an operational pitfall for businesses that trial a labelling scheme on selected products without committing to full compliance across the board.

3. Narrow mandatory word-pairings for "budget" and "manufacturing". Sections 23B(1)(c)-(d) require any labelling or advertising that uses "budget" also to include "low grade" or "low quality", and any use of "manufacturing" also to include "suitable for mince only". These are prescriptive textual rules; failure to include the paired wording will trigger the taken-to-have-engaged rule under 23B(1). This is an unusual form of prescribed labelling content and requires careful template control for labels and promotional copy.

4. Reliance on an external private manual. The AUS-MEAT manual is a named external standard incorporated into the statutory test for false description (23B(5), 23C(1)(a)). Businesses must ensure proper assessments "in accordance with the requirements of the AUS-MEAT manual" and compliance with its standards, or risk a false description finding under section 18(2) as articulated in 23C. The manual is privately published but given statutory effect, and the Division allows a replacement document to be prescribed.

5. Broad definition of "beef". The definition used across the Division,"the whole or any part of the carcase of any bovine animal",is inclusive. That may capture component cuts, offal, mince from particular carcase parts, and other products made exclusively from bovine carcass parts. The instrument does not define composite or mixed products; regulatory detail will determine how those are treated.

6. Exemption subject to regulation. The cooked immediate consumption exemption (23D(1)) applies to persons selling beef that has been cooked and is intended for immediate consumption, but the regulations can prescribe classes of persons for whom the exemption will not apply from a specified date (23D(2)). Operators who currently expect exemption should monitor rule-making; exemptions can be narrowed by regulation.

7. Record-keeping and prohibitions are regulatory. Section 23A(2)(d)-(e) empowers regulations to prohibit activities and to require records. The Division does not itself set out record retention periods, formats, or inspection rules; those will be matters for delegated instruments. Businesses should not assume there will be no record obligations simply because the Division is silent on detail.

8. No standalone penalty in the Division. Because the Division relies on section 18(1) and section 18(2) for misleading conduct and false description, the level and form of enforcement depend on those provisions and on regulatory penalties that may be prescribed. Advice and compliance measures should be designed to address both the Division’s rules and the broader enforcement framework under section 18 and related regulations.

9. Consumer descriptors unknown until regulations. The definition of "consumer descriptor" is by regulation (23B(5)). Until the regulations prescribe specific words or expressions and their associated prescribed cuts, businesses may face uncertainty about permissible consumer-facing descriptions.

10. Mixed-channel sales risk. The consistency rules in 23B(2) and 23B(3) apply to advertising, packaging, labelling and sale. Businesses operating across multiple channels (retail, online, catalogue, food service) need coordinated templates; inconsistent descriptors across channels may trigger the "taken to have engaged" treatment.

Each of these points follows directly from the text of Division 2A. They identify operational compliance risks, sources of regulatory uncertainty and the necessity of aligning internal labelling practices with whatever regulations are made under section 23A.

Compliance under Division 2A requires a mix of document review, process changes, product assessment and regulatory monitoring. The following steps are grounded in the statutory text.

1. Identify covered products. Use the Division’s definition of "beef","the whole or any part of the carcase of any bovine animal" (see 23A(4), 23B(5), 23C(3)),to map products. This includes whole cuts, component parts and any product that is only bovine carcase parts. For composite foods containing beef plus other ingredients, treat beef-containing components as potentially within scope and check whether the regulations later prescribe different rules.

2. Decide whether to use AUS-MEAT language. If you plan to use AUS-MEAT language, ensure that:

   • The AUS-MEAT manual referenced in the Act (Australian Meat Industry Classification System (Manual 1), 2009 edition) is consulted to determine whether the words, letters or symbols you propose are AUS-MEAT language (23B(5)).
   • Any beef described by AUS-MEAT language has been assessed "in accordance with the requirements of the AUS-MEAT manual" and meets the manual’s standards; otherwise section 23C(1)(a)(i)-(ii) will treat the description as false for the purposes of section 18(2).
   • Use AUS-MEAT language consistently across all beef you advertise, package, label or sell, because inconsistent use is taken to be misleading or deceptive under 23B(2).

3. If adopting a prescribed scheme, adopt it consistently. If you choose to label any beef in accordance with a scheme prescribed under section 23A, ensure that you comply with that scheme for all beef to which it applies that you advertise, package, label or sell. Partial or voluntary adoption that is not consistently applied will be taken as misleading or deceptive under 23B(3).

4. Avoid the specific textual pitfalls. Do not label or advertise beef with the single words "budget" or "manufacturing" without the statutorily required accompanying phrases. Specifically:

   • "budget" must appear together with "low grade" or "low quality" (23B(1)(c));
   • "manufacturing" must appear together with "suitable for mince only" (23B(1)(d)). Implement label templates and approval checks to ensure these pairings are always present when those base words are used.

5. Prepare for record-keeping and prohibitions. Monitor and prepare to comply with regulations that may require records or impose prohibitions under 23A(2)(d)-(e). Implement internal record retention and audit processes for labelling, AUS-MEAT assessments, supplier certificates and sales records so you can demonstrate compliance if regulators require production of records.

6. Check the exemption status for food service. If you operate a restaurant, café or take-away business selling cooked beef intended for immediate consumption, you are exempt from sections 23B and 23C under 23D(1). However, because regulations may prescribe classes for which the exemption will not apply from a specified date (23D(2)), monitor regulations and prepare contingency plans to implement labelling changes if the exemption is narrowed.

7. Monitor regulations and prescribed documents. Division 2A makes much of its operative content by reference to regulations, consumer descriptors, and potentially a replacement AUS-MEAT manual (23A(1), 23B(5)). Appoint a regulatory-monitoring lead to watch for:

   • labelling schemes prescribed under 23A;
   • specific consumer descriptors prescribed for particular cuts;
   • any replacement or update to the AUS-MEAT manual that is prescribed by the regulator;
   • rules that remove the exemption for particular classes under 23D(2).

8. Maintain supplier and assessment documentation. For AUS-MEAT descriptions rely on documentary proof that the beef has been assessed according to the AUS-MEAT manual and meets the manual’s standards. Keep assessment reports, certificates or inspection documentation readily available to respond to enforcement action relying on the test in 23C(1)(a).

9. Coordinate marketing, labelling and POS content. Because 23B applies to advertising, packaging, labelling and sale, coordinate legal review of online product descriptions, shelf tags, catalogues and advertising copy to avoid inconsistent language across channels that could breach the "consistent use" provisions in 23B(2).

10. Legal and compliance audit. Conduct a compliance audit specifically focussed on:

    • where and how AUS-MEAT language is used;
    • whether any voluntary adoption of a prescribed scheme has inconsistent application;
    • label templates that include "budget" or "manufacturing";
    • record-keeping readiness in case regulations require records;
    • reliance on the cooked immediate consumption exemption and whether your business might be carved out by regulation.

These steps flow directly from the text of Division 2A. Because the operational rules and some substantive content are delegated to the regulations, compliance also requires active monitoring of delegated instruments once enacted, and rapid internal implementation of the specific labelling schemes, consumer descriptors and record regimes they prescribe.