Commerce (Trade Descriptions) Act 1905

The regulations may prohibit the importation or introduction into Australia of any goods unless there is applied to them a trade description of such character, relating to such matters, and applied in such manner, as is prescribed.

Subject to subsection (3), goods imported in contravention of any regulation made for the purposes of subsection (1) are forfeited to the Crown.

If the Comptroller‑General of Customs is satisfied that the contravention was not intentional or reckless:

the Comptroller‑General of Customs may, by notice in writing given to the owner or importer of the goods concerned, require the owner or importer:

to apply the prescribed trade description; or

to export the goods;

if the owner or importer complies with the notice, subsection (2) does not apply in respect of the goods.

Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an information standard as in force or existing from time to time.

For the purposes of subsection (3A), an information standard is an information standard made under section 134, or declared under section 135, of Schedule 2 to the Competition and Consumer Act 2010.

No regulations made for the purposes of this section shall take effect until after the expiration of not less than three months from notification in the Gazette.