Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Competition and Consumer Amendment
(Country of Origin) Bill 2016
No. , 2016
(Industry, Innovation and Science)
A Bill for an Act to amend the Competition and
Consumer Act 2010, and for related purposes
No. , 2016
Competition and Consumer Amendment (Country of Origin) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Competition and Consumer Act 2010
3
No. , 2016
Competition and Consumer Amendment (Country of Origin) Bill 2016
1
A Bill for an Act to amend the Competition and
1
Consumer Act 2010, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Competition and Consumer
5
Amendment (Country of Origin) Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Competition and Consumer Amendment (Country of Origin) Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The later of:
(a) 1 July 2016; and
(b) the day this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2016
Competition and Consumer Amendment (Country of Origin) Bill 2016
3
Schedule 1--Amendments
1
2
Competition and Consumer Act 2010
3
1 Subsection 2(1) of Schedule 2 (definition of substantially
4
transformed)
5
Omit "section 255(3)", substitute "section 255(2)".
6
2 Subsections 255(1) to (4) of Schedule 2
7
Repeal the subsections, substitute:
8
(1) A person does not contravene section 18, 29(1)(a) or (k) or
9
151(1)(a) or (k) only by making a representation of a kind referred
10
to in an item in the first column of this table, if the requirements of
11
the corresponding item in the second column are met.
12
13
Country of origin representations
Item
Representation
Requirements to be met
1
A representation that goods
were grown in a particular
country
(a) each significant ingredient or significant
component of the goods was grown in
that country; and
(b) all, or virtually all, processes involved in
the production or manufacture of the
goods happened in that country.
2
A representation that goods
are the produce of a
particular country
(a) the country was the country of origin of
each significant ingredient or significant
component of the goods; and
(b) all, or virtually all, processes involved in
the production or manufacture of the
goods happened in that country.
3
A representation that goods
were made or manufactured
in, or otherwise originate in,
a particular country
(a) the goods were last substantially
transformed in that country; and
(b) the representation is not a representation
to which item 1 or 2 of this table applies.
4
A representation in the form
of a mark specified in an
information standard
relating to country of origin
labelling of goods
the requirements under the information
standard relating to the use of that mark.
Schedule 1 Amendments
4
Competition and Consumer Amendment (Country of Origin) Bill 2016
No. , 2016
(2) Goods were substantially transformed in a country if:
1
(a) the goods met, in relation to that country, the requirements of
2
item 1 or 2 in the second column of the table in
3
subsection (1); or
4
(b) as a result of one or more processes undertaken in that
5
country, the goods are fundamentally different in identity,
6
nature or essential character from all of their ingredients or
7
components that were imported into that country.
8
(3) Without limiting subsection (2), the regulations:
9
(a) may prescribe (in relation to particular classes of goods or
10
otherwise) processes or combinations of processes that, for
11
the purposes of that subsection, do not have the result
12
described in subsection (2)(b); and
13
(b) may include examples (in relation to particular classes of
14
goods or otherwise) of processes or combinations of
15
processes that, for the purposes of that subsection, have the
16
result described in subsection (2)(b).
17
3 Subsection 255(6) of Schedule 2
18
Repeal the subsection.
19
4 Subsections 255(8) and (9) of Schedule 2
20
Repeal the subsections, substitute:
21
(8) For the purposes of item 1 of the table in subsection (1) in relation
22
to particular goods, packaging materials are not treated as
23
ingredients or components of the goods.
24
(9) For the purposes of item 1 of the table in subsection (1) in relation
25
to an ingredient or component, water added to the ingredient or
26
component is treated as having the same origin as the ingredient or
27
component, regardless of its actual origin, if:
28
(a) the ingredient or component has been dried or concentrated
29
by the evaporation of water; and
30
(b) the added water returns the water content of the ingredient or
31
component to no more than its natural level.
32
5 Sections 256 and 257 of Schedule 2
33
Repeal the sections.
34