Export Control Act 2020

A trade description for goods is a description or statement (whether in English or any other language), or a pictorial representation, indication or suggestion (direct or indirect), as to any of the following:

the nature, number, quantity, quality, purity, class, grade, breed, measure, gauge, size, mass, colour, strength, sex, variety, genus, species or age of the goods;

the country or place where the goods were made, produced or grown;

the exporter, manufacturer or producer of the goods;

the person by whom the goods were selected or in any way prepared;

the method, time or place of manufacturing, producing, selecting or otherwise preparing the goods;

the time before which, or period within which, the goods are to be used;

the batch, lot or other grouping in which the goods are included;

the material or ingredients of which the goods are composed or from which they are derived;

the goods being the subject of an existing patent or privilege.

A trade description for goods includes a mark that, according to the custom of the trade or common repute, is commonly taken to be an indication of any of the matters referred to in subsection (1).

Mark includes a stamp, seal and label (see the definition of mark in section 12).