Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_5:p1
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 1/2)
Character Range: 361177–364288

5                                  A representation that ingredients or components of goods were grown in a particular country            (a) the country is the country that could, but for subsection (2), be represented, in accordance with this Part, as the country of origin of the goods, or the country of which the goods are the produce; and
                                                                                                                                          (b) each ingredient or component that is claimed to be grown in that country was grown only in that country; and
                                                                                                                                          (c) each ingredient or component that is claimed to be grown in that country was processed only in that country; and
                                                                                                                                          (d) 50% or more of the total weight of the goods is comprised of ingredients or components that were grown and processed only in that country.

Note: The regulations may prescribe rules for determining the percentage of the total costs of production or manufacture of goods attributable to production or manufacturing processes that occurred in a particular country, see section 257.

 (2) Despite subsection (1), this section does not apply to a representation of a kind referred to in item 4 or 5 in the first column of the table in that subsection if the representation is made together with another representation of a kind referred to in item 1 or 2 in that first column.

 (3) Goods are substantially transformed in a country if they undergo a fundamental change in that country in form, appearance or nature such that the goods existing after the change are new and different goods from those existing before the change.

 (4) Without limiting subsection (3), the regulations:
 (a) may prescribe changes (whether in relation to particular classes of goods or otherwise) that are not fundamental changes for the purposes of that subsection; and
 (b) may include examples (in relation to particular classes of goods or otherwise) of changes which are fundamental changes for the purposes of that subsection.

 (5) Item 2 of the table in subsection (1) applies to a representation that goods are the produce of a particular country whether the representation uses the words "product of", "produce of" or any other grammatical variation of the word "produce".

 (6) The regulations made for the purposes of item 3 of the table in subsection (1) may, in relation to a specified logo, prescribe a percentage in the range of 51% to 100% as the percentage applicable to goods for the purposes of paragraph (b) in the second column of that item.

 (7) Goods, or ingredients or components of goods, are grown in a country if they:
 (a) are materially increased in size or materially altered in substance in that country by natural development; or
 (b) germinated or otherwise arose in, or issued in, that country; or
 (c) are