Document ID: chunk:federal_register_of_legislation:F2025C00086:body:0:p19
Version: federal_register_of_legislation:F2025C00086
Segment Type: other
Provision Reference: 
Character Range: 48852–51652

8‑3). See also Division 3 of Part 2 of Chapter 8 of the Act for offences and civil penalty provisions in relation to false trade descriptions.
Note 2: The Australian Consumer Law (within the meaning of the Competition and Consumer Act 2010) contains prohibitions on engaging in conduct that is misleading or deceptive or is likely to mislead or deceive (see, for example, section 18 of that Law) and prohibitions on making false or misleading representations, including about the country of origin of goods (see, for example, sections 29 and 151 of that Law). Part 5‑3 of that Law provides defences that certain country of origin representations made about goods do not contravene section 18 (misleading or deceptive conduct) or paragraph 29(1)(a) or (k) or 151(1)(a) or (k) (false or misleading representations) of that Law. For further guidance on correctly describing the country of origin, see the ACCC website (https://www.accc.gov.au).

8‑3  General requirements for trade descriptions
 (1) A trade description applied to prescribed organic goods must:
 (a) be accurate and unambiguous; and
 (b) to the extent practicable, be securely attached (unless the trade description is stated in any document relating to the organic goods); and
 (c) be legible; and
 (d) be prominent, conspicuous and not obscured in any way; and
 (e) to the extent practicable, be tamper evident.
 (2) Information or pictures that are applied to prescribed organic goods in addition to the trade description must not be inconsistent with the information required to be included in the trade description under subsection 8‑2(2).

8‑4  Trade descriptions in language other than English
 (1) This section applies in relation to a trade description that is applied to prescribed organic goods if any part of the trade description is in a language (the foreign language) other than English.
 (2) The part of the trade description that is in the foreign language must not be inconsistent with the part of the trade description that is in English.
 (3) On request, in writing, by an authorised officer to one of the following persons, the person must make available to an authorised officer a translation in English of the part of the trade description that is in the foreign language:
 (a) an organic operator in relation to the prescribed organic goods;
 (b) the exporter of the prescribed organic goods;
 (c) the holder of an approved arrangement in accordance with which organic goods certification operations were carried out in relation to the prescribed organic goods.
 (4) The translation into English required by subsection (3) must be done by a person who:
 (a) has appropriate qualifications for doing the translation; and
 (b) is not employed by, and is independent of, the person referred to in subsection (3) who