Goods (Trade Descriptions) Regulations 2009

Goods (Trade Descriptions) Regulations 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Goods (Trade Descriptions) Act 1971 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

LISA M. SINGH

Minister for Corrections and Consumer Protection

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Goods (Trade Descriptions) Regulations 2009 .

2.   Commencement

These regulations take effect on 24 November 2009.

3.   Interpretation

In these regulations –

Act means the Goods (Trade Descriptions) Act 1971 .

PART 2 - Provisions Relating to Boots and Shoes

4.   Parts of boots and shoes on which statements may be stamped or impressed

(1)  For the purposes of sections 7(1) and (3) of the Act, each of the following parts of a boot or shoe is prescribed as a part on or into which a statement may be stamped or impressed:

(a) the waist of the outsole;

(b) the inside of the upper above the inside waist;

(c) the heel seat or waist area of the sock lining or, if there is no sock lining, the heel seat or waist area of the insole.

(2)  Notwithstanding subregulation (1) , if a boot or shoe is made of materials that make it impracticable for a statement to be stamped on or impressed into part of the boot or shoe, it is sufficient if the statement is –

(a) stamped on or impressed into a label made of rubber, plastic or durable cloth; and

(b) affixed to the boot or shoe.

5.   Prescribed size of characters

For the purposes of section 7(6) of the Act, the prescribed size of characters is a font size of not less than 10 points.

6.   Materials that may be used in the manufacture of shanks

(1)  For the purposes of section 7(7)(d) of the Act, each of the following materials is prescribed as a material that may be used in the manufacture of shanks:

(a) leatherboard;

(b) fibreboard;

(c) wood;

(d) metal;

(e) plastic;

(f) a material that is a combination of any of those materials.

(2)  For the purposes of section 7(7)(d) of the Act, a material prescribed by subregulation (1) is used as prescribed in the manufacture of shanks if it is used only for the purposes of strengthening the part of a boot or shoe known as the waist.

7.   Materials that may be used as stiffening

(1)  For the purposes of section 7(7)(e) of the Act, each of the following materials is prescribed as a material that may be used as stiffening in the soles of boots and shoes:

(a) leatherboard;

(b) fibreboard;

(c) metal;

(d) plastic;

(e) canvas or a similar substance;

(f) glue or a preparation similar to glue;

(g) a material that is a combination of any two or more of those materials.

(2)  A person must not use a material prescribed by subregulation (1) for a purpose other than that of supporting the upper at the heel and toe.

Penalty:  Fine not exceeding 2 penalty units.

8.   Prescription of prohibited weighting substances

For the purposes of section 12 of the Act, the following substances are prescribed as weighting substances:

(a) glucose or sugar in any quantity exceeding 3% of the leather used in the sole of a boot or shoe;

(b) glucose and sugar in any quantity exceeding in the aggregate 3% of the leather used in the sole of a boot or shoe;

(c) barium sulfate or any other barium compound;

(d) any other mineral substance.

PART 3 - Trade Descriptions of Textile Products

9.   Form of trade description

(1)  The trade description to be applied to a textile product is to be in the form of a principal label or brand.

(2)  A person must not include on a label or brand that is used for the purposes of a trade description on a textile product any matter additional to the particulars required by the Act and these regulations, if that additional matter is likely to contradict or obscure those particulars.

Penalty:  Fine not exceeding 2 penalty units.

10.   Application of trade description

(1)  Subject to subregulation (2) , a trade description is to be applied directly to a textile product in as permanent a manner as is reasonably practicable.

(2)  If a trade description cannot be applied to a textile product, the trade description is to be applied to the principal covering in which the textile product is contained and in which it is usually sold by wholesale or retail.

11.   Particulars to be contained in trade description

(1)  In this regulation –

ordinary dressing means dressing used for the purposes of facilitating the manufacture or preparation, or to enhance the appearance, of a textile product, but which does not contain anything that affects, or is likely to affect, the textile product in such a manner as is likely to mislead persons as to the quality, substance or nature of the textile product.

(2)  The trade description that is applied to a textile product –

(a) in which there is a loading or weighting substance, other than ordinary dressing, is to contain the word "loaded" or the word "weighted"; or

(b) in which there is paper, is to contain a statement that the product contains paper, whether or not the product contains less than 5% by weight of paper.

(3)  If a textile product contains a percentage by weight of wool that is greater than that of the other fibres contained in the product, the statement required by section 8(5) of the Act is to specify that percentage first.

(4)  If a textile product contains a percentage by weight of wool that is less than that of the other fibres contained in the product, the statement required by section 8(5) of the Act is to specify that percentage last.

12.   Trade description to be in accordance with regulations

A person must not apply a trade description of a type, or in a manner, that is not in accordance with these regulations.

Penalty:  Fine not exceeding 2 penalty units.

13.   Textile products exempted from Act

The textile products set out in Schedule 1 are exempted from the provisions of the Act.

SCHEDULE 1 - Exempted Textile Products

Regulation 13

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 11 November 2009

These regulations are administered in the Department of Justice.