Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) 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:
(a) the nature, number, quantity, quality, purity, class, grade, breed, measure, gauge, size, mass, colour, strength, sex, variety, genus, species or age of the goods;
(b) the country or place where the goods were made, produced or grown;
(c) the exporter, manufacturer or producer of the goods;
(d) the person by whom the goods were selected or in any way prepared;
(e) the method, time or place of manufacturing, producing, selecting or otherwise preparing the goods;
(f) the time before which, or period within which, the goods are to be used;
(g) the batch, lot or other grouping in which the goods are included;
(h) the material or ingredients of which the goods are composed or from which they are derived;
(i) the goods being the subject of an existing patent or privilege.
(2) 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).
Note: Mark includes a stamp, seal and label (see the definition of mark in section 12).