ACT Numbered Regulations - Explanatory Statements

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TRADE MEASUREMENT (PREPACKED ARTICLES) AMENDMENT REGULATION 2009 (NO 1) (NO 30 OF 2009)

2009





THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY


TRADE MEASUREMENT (PREPACKED ARTICLES) AMENDMENT REGULATION 2009 (NO 1)

SL2009-30

EXPLANATORY STATEMENT

Presented by
Simon Corbell MLA
Attorney General

Trade Measurement (Prepacked Articles) Amendment Regulation 2009 (No 1)

Outline

The Trade Measurement (Prepacked Articles) Regulation 1991 currently requires that the measurement marking on packaging to appear on the front label. This approach is inconsistent with international wine markets and Wine producers who wish to provide their product in the international and domestic markets must comply with differing labelling regimes, which adds to the cost of production.

On 23 January 2007 the Commonwealth Government signed the World Wine Trade Group’s Agreement on Requirements for Wine Labelling. This obliged Australia to allow a new labelling requirement for wine containers. The wine labelling option sought was for the mandatory quantity statement, currently required to be placed on the front label, to alternatively be placed anywhere on the container (except the base or cap), so long as it is also in the same ‘field of vision’ as the other three mandatory items, being country of origin, alcohol content and product designation.

The Commonwealth will take over responsibility for trade measurement in July 2010, however, it is important that wine producers be able to access the new labelling regime as soon as possible.

The Trade Measurement (Prepacked Articles) Amendment Regulation 1991 is made under section 81 of the Trade Measurement Act 1991.

Trade Measurement (Prepacked Articles) Amendment Regulation 2009 (No 1)

Detail

Clause 1 – Name of regulation
This is a technical clause that states that the regulation is the Trade Measurement (Prepacked Articles) Amendment Regulation 2009 (No 1).

Clause 2 – Commencement
This clause provides that the regulation commences the day after it is notified on the legislation register.

Clause 3 – Legislation amended
This clause states that the regulation amends the Trade Measurement (Prepacked Articles) Regulation 1991.

Clause 4 – New section 11 (2) (ab)
This clause inserts a new section into the Trade Measurement (Prepacked Articles) Regulation 1991. This inserts standard wine packages into the general exemption clause of the current regulations so that the general position of measurement markings provision does not apply if the standard wine package complies with new section 11A.

Clause 5 – New section 11A
This clause inserts a new section 11A into the Trade Measurement (Prepacked Articles) Regulation 1991. This creates new requirements for the position of measurement markings on standard wine packages.

Clause 6 – Dictionary, new definitions
This clause inserts two new definitions into the Trade Measurement (Prepacked Articles) Regulation 1991. The two definitions cover what is meant by standard wine package and wine.