Section 255 — Competition and Consumer Act 2010: Country of origin representations do not contravene certain provisions

(1) A person does not contravene section 18, 29(1)(a) or (k) or 151(1)(a) or (k) only by making a representation of a kind referred to in an item in the first column of this table, if the requirements of the corresponding item in the second column are met. 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. (2) Goods were substantially transformed in a country if: (a) the goods met, in relation to that country, the requirements of item 1 or 2 in the second column of the table in subsection (1); or (b) as a result of one or more processes undertaken in that country, the goods are fundamentally different in identity, nature or essential character from all of their ingredients or components that were imported into that country; or (c) the goods underwent in that country one or more processes prescribed by the regulations. (3) Without limiting subsection (2), the regulations: (a) may prescribe (in relation to particular classes of goods or otherwise) processes or combinations of processes that, for the purposes of that subsection, do not have the result described in subsection (2)(b); and (b) may include examples (in relation to particular classes of goods or otherwise) of processes or combinations of processes that, for the purposes of that subsection, have the result described in subsection (2)(b). (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”. (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 harvested, extracted or otherwise derived from an organism that has been materially increased in size, or materially altered in substance, in that country by natural development. (8) For the purposes of item 1 of the table in subsection (1) in relation to particular goods, packaging materials are not treated as ingredients or components of the goods. (9) For the purposes of item 1 of the table in subsection (1) in relation to an ingredient or component, water added to the ingredient or component is treated as having the same origin as the ingredient or component, regardless of its actual origin, if: (a) the ingredient or component has been dried or concentrated by the evaporation of water; and (b) the added water returns the water content of the ingredient or component to no more than its natural level.