COMMERCE (TRADE DESCRIPTIONS) ACT 1905 - SECT 3 Interpretation

COMMERCE (TRADE DESCRIPTIONS) ACT 1905 - SECT 3

    In this Act, unless the contrary intention appears:

"Comptroller-General of Customs" means the person who is the Comptroller - General of Customs in accordance with subsection   11(3) or 14(2) of the Australian Border Force Act 2015 .

"Officer" means an officer of Customs.

Trade description ", in relation to any goods, means any description, statement, indication, or suggestion, direct or indirect:"

  (a)   as to the nature, number, quantity, quality, purity, class, grade, measure, gauge, size, or weight of the goods; or

  (b)   as to the country or place in or at which the goods were made or produced; or

  (c)   as to the manufacturer or producer of the goods or the person by whom they were selected, packed, or in any way prepared for the market; or

  (d)   as to the mode of manufacturing, producing, selecting, packing, or otherwise preparing the goods; or

  (e)   as to the material or ingredients of which the goods are composed, or from which they are derived; or

  (f)   as to the goods being the subject of an existing patent, privilege, or copyright;

and includes an import entry relating to goods; and any mark which according to the custom of the trade or common repute is commonly taken to be an indication of any of the above matters shall be deemed to be a trade description within the meaning of this Act.

"False trade description" means a trade description which, by reason of anything contained therein or omitted therefrom, is false or likely to mislead in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, which makes the description false or likely to mislead in a material respect.