Identify who counts as the manufacturer of the goods

Key facts

Human involvement
YellowClose supervision
How AI is used
From labels, packaging, invoices, import records and brand use the lawyer selects, list each person who grew, produced, assembled, branded, held out, or imported the goods, with the document for each. Do not decide who the manufacturer is.
What the lawyer must review
  • Decide who s 7 treats as a manufacturer, including a brand owner and an importer.
  • A name or brand on the goods is presumed applied with that person's authority unless the contrary is proved.
  • Goods imported on a person's behalf count as imported by that person. Goods affixed to land can still be supplied.
Written for / version
NSWVICQLD

Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD

Who does what

Who does what
RoleWhat they do
AssistanceFrom labels, packaging, invoices, import records and brand use the lawyer selects, list each person who grew, produced, assembled, branded, held out, or imported the goods, with the document for each. Do not decide who the manufacturer is.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Separate the actual producer from a person who held themselves out, whose brand was applied, or who imported the goods.
  2. Record whether, at importation, the actual manufacturer had a place of business in Australia.
  3. Apply the presumption in s 7(2) only as a presumption, and record any facts said to establish the contrary.
  4. Do not drop a person merely because the goods were affixed to land or premises.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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