Commerce Markings
The Commerce (Trade Descriptions) Act 1905 (CTDA) and the Commerce (Imports) Regulations 1940 (the Regulations) set out the requirements for goods imported into Australia.
The CTDA prohibits the importation of certain goods unless they are correctly labelled with the required trade description. Not all goods require labelling under the CTDA or the Regulations. The Regulations specify which imported goods require labelling with a trade description, and stipulate what trade description requires.
In addition, the CTDA prohibits the import and export of goods that bear a false trade description. A false trade description means any description which by addition, deletion or any other treatment is likely to mislead on matters such as weight, origin, manufacturer, preparation, contents, copyright, etc.
Trade description markings must be:
- in English
- in prominent and legible characters
- on a principal label or brand attached to the goods in a prominent position in a manner as permanent as is practicable
- where a trade description is required, it must include the name of the country where the goods are made or produced (certain items are also required to bear a true description of the goods).
The CTDA provides that any goods imported in contravention of any condition or regulation may be seized and forfeited to the Crown.
Customs Notices
2006/39 - Commerce Markings on Imported Goods
2006/10 - Commerce (Imports) Regulations 1940 - labelling requirements for chinaware
Facts Sheets
False Trade Descriptions
Labelling Requirements for Exported Goods
Labelling requirement for watches
Labelling requirement for clothing
Labelling requirements for goods from leather, vulcanite and plastics or their imitations
Labelling requirements for shoes
Labelling requirements for surfboards
Labelling requirements for imported medicines
Legislation
Commerce Trade Descriptions Act 1905
Commerce (Imports) Regulations 1940
Customs Act 1901
A review was conducted of the Commerce (Trade Descriptions) Act 1905 (CTD Act) and the Commerce (Imports) Regulations 1940 (the legislation).
For further information on the review and the review committee's final report, click on the title link above.
Contact Details
If you require assistance on any labelling or trade descriptions matter, please email your inquiry to labelling@customs.gov.au