THE WEIGHTS AND MEASURES ACTS, 1951 to 1967 · THE WEIGHTS AND MEASURES ACTS, 1951 to 1967 ... appointment under this Act; ... WEIGHTS & MEASURES ACTS, 1951 TO 1967 ss.4-6 425

423

THE WEIGHTS AND MEASURES ACTS, 1951 to 1967

Weights and Measures Act of 1951, 15 Geo. 6 No. 35 Amended by

Weights and Measures Act Amendment Act of 1957, 6 Eliz. 2 No.5 Weights and Measnres Acts Amendment Act of 1958, 7 Eliz. 2 No. 35 Weights and Measures Acts Amendment Act of 1963, No. 42 Weights and Measures Acts Amendment Act of 1965, No. 36 Weights and Measures Acts Amendment Act of 1966, No. 14 Weights and Measures Acts Amendment Act of 1967, No. 54

An Act to Consolidate and Amend the Law relating to Improper Practices in connection with Weights and Measures

[Assented to 8 November 1951]

PART I-PRELIMINARY

1. Short title. This Act may be cited as "The Weights and Measures Act of 1951."

Collective title conferred by Act of 1967, No. 54, s. 1 (3).

2. Construction of Act. This Act, including every Proclamation and regulation made hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that, where any enactment hereof or provision of any such Proclamation or regulation would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.

3. Parts of Act. This Act is divided into Parts as follows:PART I-PRELIMINARY;

PART II-UNITS AND STANDARDS OF MEASUREMENT;

PART III-ADMINISTRATION;

PART IV-BREAD-WEIGHTS;

PART V-SALE OF ARTICLES AND USE OF WEIGHTS AND MEASURES FOR TRADE;

PART VA-STANDARDISATION AND MARKING OF PRE-PACKED ARTICLES;

PART VI-GENERAL;

SCHEDULE.

As amended by Act of 1965, No. 36,s. 3; Act of 1967, No. 54, s. 3.

4. Repeals and savings. "The Weights and Measures Acts, 1924 to 1931" (herein referred to as "the repealed Acts") are hereby repealed.

Provided that, but without limiting the operation of "The Acts Shortening Acts"-

(i) Unless otherwise expressly provided, every Proclamation, regulation, certificate, order, requisition, notice, registration, license, register, record, instrument or other act of authority

424 WEIGHTS AND MEASURES Vol. 20

made, granted, issued, given, done, or originated under the repealed Acts and subsisting at the passing of this Act, shall, subject as hereinafter provided, continue in force for the purposes of this Act until it expires by effiuxion of time or is repealed, amended, or o~herwise modified, revoked, cancelled, suspended or surrendered under this Act:

Provided that every such Proclamation regulation, certificate, order, requisition, notice, registration, license, register, record, instrument, and act of authority shall be read and construed subject to this Act;

(ii) Any and every stamp placed on any weight, measure, weighing instrument, or measuring instrument under and for the purposes of the repealed Acts and having force and effect thereunder immediately prior to the passing of this Act shall continue to have, subject to and for the purposes of this Act, the same force and effect, and where applicable, for the remainder of any period of time during which that stamp would have had force and effect if this Act had not been passed;

(iii) All penalties and forfeitures imposed and fees, charges, and expenses payable under the repealed Acts and not recovered or, as the case may be, paid at the passing of this Act may be enforced or recovered, and applied as if this Act had not been passed;

(iv) All actions and proceedings of whatever nature commenced or pending at the passing of this Act under the repealed Acts may be carried on and prosecuted as if this Act had not been passed, and no such action or proceeding shall abate or be discontinued or prejudicially affected by any thing in this Act contained;

(v) The Chief Inspector of Weights and Measures, the Deputy Chief Inspector of Weights and Measures, all other inspectors (including assistant inspectors) and all other officers appointed under the repealed Acts and in office at the passing of this Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively in terms of their appointment without further or other appointment under this Act;

(vi) When in any other Act reference is made to the repealed Acts, or to any provision thereof, it shall be taken, unless the context otherwise indicates or requires, that that reference is to this Act or, as the case requires, to the corresponding provision of this Act, and that reference shall be read and construed accordingly.

Act referred to: Acts Shortening Acts-see now Acts Interpretation Act 1954-1971, title

ACTS OF PARLIAMENT, Vol. 1, p. 82.

5. (1) Application of Act. Unless otherwise expressly provided the provisions of this Act shall be in addition to and not in substitution for or diminution of the provisions of any other Act or of any regulation or rule thereunder:

WEIGHTS & MEASURES ACTS, 1951 TO 1967 ss.4-6 425

Provided that where :my act or omission is an offence both under a provision of this Act and under a provision of such other Act or of any regulation or rule thereunder, the offender may be prosecuted under either such provision but so that he shall not be twice punished for that offence.

(2) Unless otherwise indicated or provided, the provisions of this Act shall, so far as they are applicable, extend with respect to weights, measures, weighing instruments, and measuring instruments used or to be used in or by or in connection with any Department or Sub-Department of the Government of Queensland, or any corporation, instrumentality, or authority, whether representing the Crown or not, constituted or established under any Act.

(3) Arrangements with the Commonwealth. Arrangements may be made and carried into effect by and between the Minister, representing the State of Queensland, and the Commonwealth of Australia, or any Department thereof, for carrying into execution within the State of Queensland all or any of the provisions of this Act with respect to weights, measures, weighing instruments, and measuring instruments used or to be used in or by or in connection with any Department or Sub-Department of the Government of the Commonwealth of Australia, or any corporation or authority, whether representing the Crown or not, constituted or established under any Act of the Commonwealth.

( 4) Operation subject to Commonwealth Act. This Act shall operate and have effect subject to the Commonwealth Act, and shall be read and construed accordingly.

As amended by Act of 1963, No. 42, s. 2.

6. Meaning of terms. (1) In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-

"Analyst"-A person appointed under "The Health Acts, 1937 to 1955," as a State Analyst or a person registered as a duly qualified analyst under those Acts, and whose name remains upon the register;

"Approved brand"-A brand approved by the Chief Inspector pursuant to section 43J of this Act;

"Approving AuthoritY"-The Approving Authority for the time being constituted under section 17 A of this Act;

"Article"-Includes, but without limit to the generality of the meaning of that term, liquids, foods, chattels, wares, merchandise, and other goods of any and every description and, where necessary, any article and its package;

"Bakehouse"-Includes bakery and any place where bread is stored prior to delivery;

"Brand"-Includes any mark, device, name, word, letter, numeral, or symbol, or any combination thereof;


"Certificate of approval"-A certificate of approval of a pattern or modified pattern of a weight, measure, weighing instrument or measuring instrument and issued or deemed to have been issued by the Approving Authority under section l7 A or section 17B of this Act;

"Certifying certificate"-Any certificate in the form prescribed issued by an inspector in respect of any weight, measure, weighing instrument, or measuring instrument exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, for the purpose of signifying that the weight, measure, weighing instrument, or measuring instrument has been found upon inspection to be in accordance in every respect with the requirements of this Act;

"Certifying stamp"-Any stamp prescribed for use by an inspector for stamping pursuant to this Act any weight, measure, weighing instrument or measuring instrument, for the purpose of signifying that the weight, measure, weighing instrument or measuring instrument has been found upon inspection to be in accordance in every respect with the requirements of this Act;

"Chief Inspector"-The Chief Inspector of Weights and Measures appointed or deemed to be appointed under and for the purposes of this Act: The term includes any person who for the time being occupies the office or performs the duties of the Chief Inspector;

"Coal"-Includes coal, coke, slack, culm, charcoal, and cannel of any and every description;

"Commission"-The National Standards Commission constituted under the Weights and Measures (National Standards) Act 1948 of the Commonwealth and continued in existence by the Commonwealth Act;

"Commonwealth legal unit of measurement"-A unit of measurement prescribed under the Commonwealth Act;

"Commonwealth standard of measurement"-A standard of measurement which is a Commonwealth standard of measurement in accordance with the Commonwealth Act;

"Contract"-Includes contract, bargain, sale, purchase, dealing, and any transaction on which payment in money or kind depends;

"Driver"-Any person driving or in charge of a vehicle;

"Inspection"-Used with reference to any weights, measures, weighing instruments, or measuring instruments, includes, but without limit to the generality of its meaning, examination, testing, verification, reverification, comparison, adjustment, and stamping under this Act by an inspector or all or any of those things;

WEIGHTS & MEASURES ACTS, 1951 TO 1967 s.6 427

"Inspector"-The Chief Inspector, the Deputy Chief Inspector of Weights and Measures, or any other inspector appointed or deemed to be appointed under and for the purposes of this Act: The term includes any assistant inspector and any person acting in any office as aforesaid;

"Measuring instrument"-Any instrument, utensil, machine, or appliance used for the measurement of area, length, capacity, or volume: The term includes any dipstick, flowmeter, selfmeasuring pump, machine, or appliance whatsoever;

"Minister"-The Secretary for Mines and Immigration or other Minister of the Crown charged for the time being with the administration of this Act;

"Owner"-Owner, whether joint or several: The term includes the authorised agent, manager, or superintendent of the owner, and any lessee or hirer or borrower from the owner;

"Pack", in relation to an article-To:-(a) enclose the article (whether wholly or partly) in or by

means of; (b) put the article in; or (c) attach the article to, or wind or wrap the article around,

some other article or thing, and "packed" and "packing" have corresponding meanings;

"Package"-Includes anything by means of which anyone article is packed for sale, or any two or more articles are packed for sale as a single item, and, in particular and without prejudice to the generality of the foregoing, includes a wrapper and a confining brand;

"Person"-Includes any body corporate; "Place"-Includes any shop, bakehouse, and any house and any

other place whatsoever, whether a building or in the open air, whether open or enclosed, and whether a public place or a place of public resort, or not;

"Prescribed"-Prescribed by this Act; "Purchaser"-Includes a person purchasing as agent for any other

person; "Regulations"-Regulations continued in force by or made under

the authority of this Act; "Sale"-Includes barter and also includes deal in, agree to sell,

offer or expose for sale, keep or have in possession for sale, send forward or deliver for or on sale, or authorise, direct, cause, permit, suffer or attempt any of such acts or things;

"Stamp"-Stamp, impress, engrave, etch, brand, seal, or otherwise mark in such manner as to be, so far as practicable, indelible;

"Subsidiary standard of measurement"-A standard of measurement which is a subsidiary standard of measurement in accordance with the Commonwealth Act: The term includes any standard of measurement which may hereafter be a subsidiary standard of measurement in accordance with the Commonwealth Act;


"the Commonwealth Act"-The Weights and Measures (National Standards) Act 1960 of the Commonwealth: The term includes any Commonwealth Act amending or in substitution for that Act: Where applicable the term also includes regulations made under that Act or under any Commonwealth Act amending or in substitution for that Act;

"the Organisation"-The Commonwealth Scientific and Industrial Research Organisation established under the Science and Industry Research Act 1949-1959 of the Commonwealth;

"This Act"-This Act and all Proclamations and regulations continued in force or made hereunder;

"Total dry solids"-In relation to bread, the weight of the water-free substance of the bread;

"Vehicle"-Any carriage, cart, wagon, truck, motor vehicle, barrow, basket, or any other means (whether of the means before enumerated or not) of carrying anything;

"Weighing instrument"-Any weighbridge, scale, balance, spring balance, steelyard, weighing-machine, counting-weighing machine, or other instrument for weighing: The term includes the weights belonging thereto;

"Working standard of measurement"-A standard of measurement which is a working standard of measurement in accordance with the Commonwealth Act.

(2) For the purposes of this Act, the expression "use for trade" means use in connection with or with a view to a transaction for-

(a) The transferring or reildering of money or money's worth in consideration of money's worth or money; or

(b) The making of a payment in respect of any tax, duty, charge or toll,

where-(i) The transaction is by reference to quantity in terms of

measurement of a physical quantity or in terms of number; or is a transaction for the purposes of which there is made or employed a statement of the quantity in such terms of goods to which the transaction relates; and

(ii) The use is for the purpose of determination or statement of that quantity;

and the expression "have in possession for trade" shall have a corresponding meaning, and any weight, measure, weighing instrument or measuring instrument used in relation to any such transaction shall for the purposes of this Act be deemed to be used for trade.

(2A) Any weight, measure, weighing instrument or measuring instrument which is made available for use by or on behalf of the public, whether on payment or otherwise, for making measurements in any of the terms referred to in subsection (2) of this section shall for the purposes of this Act be deemed to be used for trade.

(2B) For the purposes of this Act-(a) an article shall be deemed to be pre-packed if it IS packed

in advance ready for sale; and


(b) on premises where articles of any description are so packed, or are kept or stored for sale after being so packed, any article of that description found on those premises (being an article that is contained in a package) shall be deemed to be pre-packed within the meaning of this Act unless the contrary is proved, and it is not sufficient proof to the contrary to show that the package has not been marked in accordance with the provisions of this Act with respect to the marking of packages containing articles of that description.

(2c) Except as otherwise prescribed, a reference in this Act to the weight or measure of an article shall be construed as a reference to the weight or measure of the article excluding the weight or measure of the package in whieh the article is contained.

(2D) A reference in this Act to the weight or measure of an article shall, in the case of an article of a kind that is ordinarily packed or sold by number, be construed as a reference to a quantity of that article counted by number.

(2£) Where, by or under this Act, any particulars or words are, or any statement or expression is, required, permitted, or forbidden to be marked on a package containing an article, the particulars, words, statement, or expression shall be deemed to be marked on the package if marked on a label attached to the package or to the article.

(2F) A reference in this Act (however expressed) to the marking of a package with a statement of the weight or measure of the article contained in the package shall be construed as including a reference to the marking with such a statement of a label attached to the package or to the article.

(2G) A reference in this Act (however expressed) to-(a) a package containing an article, or a package in which an

article is contained, shall be construed, where appropriate, as including a reference to a package to which an article is attached or around which an article is wound or wrapped; and

(b) an article contained in a package, shall be construed, where appropriate, as including a reference to an article that is attached to, wound around, or wrapped around, a package.

(3) Derivatives. Derivatives of any term to which a meaning is assigned by this section shall in this Act, unless the context otherwise indicates or requires, have a corresponding meaning.

( 4) Reference to other Acts. Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in substitution for that other Act.

As amended by Act of 1957, 6 Eliz. 2 No.5, s. 2; Act of 1963, No. 42. s. 3; Act of 1967, No. 54, s. 4.

Acts referred to: Health Act 1937-1971, title HEALTH, Vol. 6, p. 763. Weights and Measures (National Standards) Act 1948 (Commonwealth)

(repealed) . Science and Industry Research Acts 1949-1959 (Commonwealth).


PART II-UNITS AND STANDARDS OF MEASUREMENT

Heading substituted by Act of 1965, No. 36, s. 4.

7. Units of Measurement. A reference in a law of Queensland (whether the law was made before, on or after the commencement of "The Weights and Measures Acts Amendment Act of 1965") to a unit of measurement of a physical quantity shall, if there is a Commonwealth legal unit of measurement of that physical quantity of the same name and unless the contrary intention appears, be read and construed as a reference to that Commonwealth legal unit of measurement.

Substituted by Act of 1965, No. 36, s. 4. Act referred to:

Weights and Measures Acts Amendment Act of 1965, not reprinted. See s. 33 as to sale by Commonwealth units.

8. Standards of measurement. The Minister shall, from time to time, arrange for the provision and maintenance of such standards of measurement as are necessary for the purposes of this Act to provide means by which measurements of a physical quantity may be made in terms of the units, or parts or multiples of the units, of measurement of that physical quantity prescribed under the Commonwealth Act.

Substituted by Act of 1965, No. 36, s. 4. As to different classes of standards, see s. 9. For the use to which the standards of measurement are put, see s. 10. As to who has custody of the State standards, see s. 11. Certain articles are given standard weights by s. 14A.

9. Classes of standards. ( 1) The standards of measurement provided pursuant to section eight of this Act shall be divided into classes as follows:-

(a) State standards, which shall be standards of measurement which at the request of the Minister and with the approval of the Commission have been verified, whether before or after the commencement of "The Weights and Measures Acts Amendment Act of 1965," and, where appropriate, reverified in accordance with the Commonwealth Act; that is to say, working standards of measurement;

(b) Departmental standards, which shall be standards of measurement which are subsidiary standards verified, whether before or after the commencement of "The Weights and Measures Acts Amendment Act of 1965," and, where appropriate, reverified as prescribed by means of, by reference to, by comparison with or by derivation from-

(i) an appropriate Commonwealth standard of measurement; (ii) an appropriate working standard of measurement (includ

ing a State standard provided pursuant to this Act); or (iii) two or more standards of measurement, each of which

is a standard of measurement referred to in either of the preceding subparagraphs of this paragraph,

and shall include any subsidiary standard which has been verified, whether before or after the commencement of "The Weights and Measures Acts Amendment Act of 1965," and, where appropriate, reverified as prescribed by means of, by


reference to, by comparison with or by derivation from a subsidiary standard of measurement which, pursuant to the Commonwealth Act, is a subsidiary standard of measurement of a class higher than the subsidiary standard of measurement so verified or reverified.

(2) Every State standard provided pursuant to section eight of this Act shall, subject to this Act be a standard weight or, as the case may be, measure for Queensland for the purposes of this Act.

Substituted by Act of 1965, No. 36, s. 4. Act referred to:

Weights and Measures Acts Amendment Act of 1965, not reprinted. As to who has custody of the State standards, see s. 11. As to depaIimental standards, see s. 12. For verification of other standards, see s. 13.

10. Legal units of measurement. The standards of measurement provided pursuant to section eight of this Act and no others shall be used for the verification and reverification, and in the inspection of, weights, measures, weighing instruments and measuring instruments used or to be used for trade for the measurement of physical quantities.

Substituted by Act of 1965, No. 36, s. 4.

11. Custody of State standards. (1) Every State standard shall be safely kept by the Chief Inspector and those standards and all balances, apparatus, books, documents and things used in connection therewith or relating thereto shall for the purposes of this Act be deemed to be in the custody of the Chief Inspector.

(2) Subject to this Act, the Minister shall from time to time cause to be taken all such steps as are necessary for the reverification in accordance with the Commonwealth Act of all State standards.

(3) A standard of measurement shall not be used as a State standard for the purposes of this Act at any time when it has not been verified or, as the case requires, reverified in accordance with the provisions of the Commonwealth Act relating to working standards of measurement.

( 4) A State standard which has become defective shall not be used for the purposes of this Act until it has been reverified in accordance with the Commonwealth Act.


12. Departmental standards. ( 1) Every departmental standard shall be stamped as prescribed except where its size renders this impracticable or where it is of a kind exempted from stamping by the regulations.

(2) The fact that any standard of measurement in the custody of an Inspector bears the prescribed stamp shall be sufficient evidence that such standard is a departmental standard.

(3) The Chief Inspector shall supply departmental standards to such Inspectors as require them for the purposes of this Act.

(4) Every departmental standard (unless the Chief Inspector, pursuant to this section, orders it to be called in) shall be safely and securely kept by the Inspector in charge thereof and shall be used by the Inspector under and for the purposes of this Act.


(5) Every departmental standard shall be reverified as prescribed and the Chief Inspector may order a departmental standard to be called in for this purpose.

( 6) A standard of measurement shall not be used as a departmental standard for the purposes of this Act at any time when it has not been verified or, as the case requires, reverified as prescribed in relation to departmental standards.

(7) A departmental standard which has become defective shall not be used for the purposes of this Act until it has been reverified in accordance with this Act.


13. Verification of other standards. The Minister may, from time to time, cause to be made such arrangements as appear to him to be desirable to enable standards of measurement of physical quantities used in or in connection with the administration of any other Act to be verified, reverified or tested for the purpose of complying with the Commonwealth Act.


14. Density tables. The Governor in Council may, by regulation, prescribe for use in any computations required for the purposes of this Act tables setting out-

( a) the densities; and (b) the apparent densities when weighed under specified

conditions-of water and other liquids at such temperatures as are specified in the tables.


14A. Standard weight for certain articles. (1) The bushel of standard weight for the undermentioned produce shall respeotively consist of the number of pounds weight following, that is to say:-

Barley fifty pounds Beans sixty pounds Beans (fresh) twenty pounds Bran twenty pounds Buckwheat fifty pounds Canary seed fifty-six pounds Clovers sixty pounds Cowpea sixty pounds Flax sixty pounds Grass seed-buffel, couch, cocksfoot,

panics (green and blue), paspalum, rhodes, rye

Linseed Lucerne Lupins Maize Meals Millets-all kinds Oats Peas

twenty pounds fifty-six pounds sixty pounds sixty pounds fifty-six pounds twenty pounds fifty pounds forty pounds sixty pounds


Peas (in pod) twenty-eight pounds Pollard twenty pounds Rice forty-five pounds Rye Com sixty pounds Safflower forty pounds Sorghum Broom Com sixty pounds Sorghum Grain sixty pounds Sorghum Sweet sixty pounds Sudan grass fifty pounds Sunflower thirty-five pounds Tares or vetches sixty pounds Wheat sixty pounds

(2) The Governor in Council by Order in Council may from time to time amend subsection (1) of this section by-

(a) varying the number of pounds weight stated therein in relation to any produce mentioned therein;

(b) adding any produce to the list of produce mentioned therein and stating in relation to any produce so added a number of pounds weight,

and the said subsection as so amended shall become and be subsection (1) of this section for the time being.

Inserted by Act of 1965, No. 36, s . ... As to standards, see s. 8.

PART III-ADMINISTRATION

15. (1) Officers. The Governor in Council may from time to time appoint under and for the purposes of this Act a Chief Inspector of Weights and Measures, a Deputy Chief Inspector of Weights and Measures, and such other inspectors (including assistant inspectors) and other officers as he deems necessary for the effectual execution of this Act.

The Chief Inspector, the Deputy Chief Inspector, and all other inspectors and other officers shall be appointed and hold their respective offices under this Act and subject to, and in accordance with "The Public Service Acts, 1922 to 1950."

(2) Districts. The Governor in Council may from time to time by notification published in the Gazette-

(i) Constitute parts of Queensland as districts for the purposes of this Act;

(ii) Abolish, subdivide, or alter the boundaries of any district, or amalgamate any such districts or parts of such districts;

(iii) If considered desirable, assign a name to any such district and vary any such name;

(iv) Assign to any inspector or inspectors any district or districts or a part of any district or districts;

(v) Direct that any inspector to whom any district or districts or a part of any district or districts is or are assigned shall only exercise and discharge his powers and duties under this Act in that district or districts or, as the case may be, part;

(vi) Cancel or vary any assignment referred to in paragraph (iv) or direction referred to in paragraph (v) aforesaid,

and may include in any such notification all or any of such things.


Any district or districts assigned to any inspector at the commencement of this Act shall, subject to this Act, continue, without a further assignment, to be assigned to that inspector and shall be deemed to be constituted under and for the purposes of this Act.

Unless the Governor in Council has otherwise directed by a notification published in the Gazette, any inspector may exercise and discharge his powers and duties under this Act in any part of the State notwithstanding that any district or districts or a part of any district or districts may have been assigned to him.

Any and every provision of this subsection shall be read so as not to limit the powers and authorities of the Chief Inspector.

(3) Chief Inspector. Every inspector and other officer shall perform the duties imposed upon him by this Act under the general supervision and direCtion of the Chief Inspector.

The Chief Inspector may from time to time make or cause to be made such inquiries and investigations as he thinks necessary for the effectual execution of this Act by him and his officers.

(4) Deputy Chief Inspector. The Deputy Chief Inspector of Weights and Measures shall, subject to this Act, exercise all such functions and discharge all such duties as the Chief Inspector directs or requires.

In the event of and during the absence from duty for any reason whatsoever of the Chief Inspector, or in the event of a vacancy occurring in the ofIice of Chief Inspector and until a new Chief Inspector is appointed, the Deputy Chief Inspector without further appointment shall act as Chief Inspector and while he so acts shall have and may exercise all of the powers, functions, and authorities, and shall perform all of the duties of the Chief Inspector and shall for the purposes of this Act be deemed in all respects to be the Chief Inspector.

The fact that the Deputy Chief Inspector has exercised any power, function, or authority, or has performed any duty of the Chief Inspector shall, until the contrary is proved, be sufficient evidence of such absence of the Chief Inspector or vacancy in the office of Chief Inspector.

(5) Certificates of appointment. Every inspector shall be furnished with a certificate of appointment signed by either the Minister or the Chief Inspector and upon entering any place shall, if required, produce such certificate to the occupier of the place.

(6) Default of inspector, etc. Any inspector who stamps any weight, measure, weighing instrument, or measuring instrument in contravention of any provision of this Act, or who is guilty of any breach of duty imposed upon him by this Act, or otherwise misconducts himself in the execution of his office, shall be guilty of an offence against this Act.

Act referred to: Public Service Act 1922-1968, title PUBLIC SERVICE, Vol. 14, p. 201.

Inspector's periodically inspect weights and measures, s. 17. For powers of inspectors, see ss. 18, 23-26, 30. As to obstruction of inspectors, see s. 27. As tn facilitation of proof of certain matters relating to the Chief Inspector

or inspectors, see s. 53. The Chief Inspector is the Approving Authority under the Act, in the absence

of a Commission, s. 17.\.


16. Equipment and appliances. The Chief Inspector shall provide and supply to each inspector in addition to the necessary departmental standards all other necessary equipment and appliances for carrying this Act into effect, including weighing instruments and measuring instruments for use by inspectors in carrying out their functions and duties under this Act, and stamps for stamping weights, measures, weighing instruments, and measuring instruments for the purposes of this Act, and shall from time to time issue to each inspector such instructions (not inconsistent with this Act) as he thinks fit.

All equipment and appliances, including weighing instruments, measuring instruments, and stamps for stamping weights, measures, weighing instruments, and measuring instruments, in use by inspectors prior to the passing of this Act under and for the purposes of the Acts repealed by this Act, shall continue to be used by such inspectors subject to and for the purposes of this Act.

All equipment and appliances mentioned in this section are hereinafter in this Act referred to as departmental equipment.

INSPECTION, STAMPING, AND USE OF WEIGHTS, MEASURES,

WEIGHING INSTRUMENTS, AND MEASURING INSTRUMENTS

17. (l) Weights and measures, etc., to be inspected periodically. Every weight, measure, weighing instrument, and measuring instrument used or for use for trade shall, and if prescribed as so prescribed, be produced to an inspector for inspection-

(i) In the case of any weight, measure, weighing instrument, or measuring instrument used for trade, at least once in every twelve months; or

(ii) In the case of any weight, measure, weighing instrument, or measuring instrument for use for trade, before use:

Provided that the Governor in Council may by the regulations-(a) Exempt, subject to such conditions as may be prescribed,

wholly or in part from the operation of this subsection specified classes of weights, measures, weighing instruments, and measuring instruments or of any of them; and

(b) Extend the period referred to in subparagraph (i) of this subsection with respect to any specified parts of this State; and

(c) Provide for the more frequent inspection of any prescribed classes of weights, measures, weighing instruments and measuring instruments:

Provided further that an inspector may require to be produced for his inspection and, either upon or without such request, inspect any such weight, measure, weighing instrument, or measuring instrument when and so often as in his opinion it is necessary so to do.

C 2) Periodical inspection. (a) Every inspection, as required by subsection one of this section, of any weight, measure, weighing instrument, or measuring instrument shall include a comparison with the departmental standards and the inspector shall when making the inspection-

(i) Obliterate any and every existing certifying stamp upon the weight, measure, weighing instrument, or, as the case may be, measuring instrument; and


(ii) If the weight, measure, weighing instrument, or, as the case may be, measuring instrument is found to correspond with the departmental standards and to be in accordance in every other respect with the requirements of this Act, stamp with a certifying stamp the weight, measure, weighing instrument, or measuring instrument unless it is exempted by the regulations from being so stamped; or

(iii) If the weight, measure, weighing instrument, or, as the case may be, measuring instrument is found to be not in accordance in every respect with the requirements of this Act, refrain from stamping or restamping with any certifying stamp the weight, measure, weighing instrument, or measuring instrument and reject the same and where practicahle stamp it with a rejection stamp.

(b) Where aey weight, measure, weighing instrument, or measuring instrument which is exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, is found upon inspection to be in accordance in every respect with the requirements of this Act, then the inspector shall issue in respect thereof a certifying certificate in the form prescribed for the purpose of signifying that finding.

(c) Every weight, measure, weighing instrument, or measuring instrument stamped under this Act by an inspector shall be stamped in such a manner as best to prevent fraud.

(d) Notwithstanding the foregoing provisions of this subsection-(i) Where any weight, measure, weighing instrument or measuring

instrument is produced to an Inspector for inspection in accordance with subsection (1) of this section and it is not of a pattern or modified pattern in respect of which a certificate of approval issued or deemed to have been issued under section 17 A or section 17B of this Act is for the time being in force, an inspector shall not stamp that weight, measure, weighing instrument or measuring instrument with a certifying stamp or, if it is exempted by the regulations from being so stamped, issue a certifying certificate with respect thereto;

(ii) Where there is in force a law of the Commonwealth prohibiting the passing, pursuant to the law of a State, of any instrument for use for trade unless that instrument is of a pattern in respect of which a certificate of approval granted under the Commonwealth Act is for the time being in force or is of such a pattern modified only in a manner for the time being authorised under the Commonwealth Act, an inspector shall not stamp that instrument with a certifying stamp or, if it is exempted by the regulations from being so stamped, issue a certifying certificate with respect thereto unless a certificate of approval granted under the Commonwealth Act is for the time being in force in respect of instruments of the pattern of that instrument or the instrument is of such a pattern modified only in a manner for the time being authorised under the Commonwealth Act;


(iii) Where there is in force a law of the Commonwealth prohibiting the passing pursuant to the law of a State of any instrument for use for trade unless on verification or reverification it falls within the limits of error prescribed under the Commonwealth Act for the particular class of instrument which is being verified or reverified, an inspector shall not stamp that instrument with a certifying stamp or, if it is exempted by the regulations from being so stamped, issue a certifying certificate with respect thereto unless on verification or reverification the instrument falls within the limits of error prescribed under the Commonwealth Act for the particular class of instrument.

For the purposes of subparagraphs (ii) and (iii) of this paragraph the term "instrument" shall have the meaning assigned to that term in the Commonwealth Act.

(3) Using unstamped weights or measures, etc. Every person who uses or has in his possession for trade any weight, measure, weighing instrument, or measuring instrument not inspected as required by subsection one of this section, and

(i) Where that weight, measure, weighing instrument, or measuring instrument is not exempted by the regulations from being so stamped, not stamped by an inspector with a certifying stamp; or

(ii) Where that weight, measure, weighing instrument, or measuring instrument is exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, in respect of which no certifying certificate has been issued by an inspector,

shall be guilty of an offence against this Act. If at any time any weight, measure, weighing instrument, or measuring

instrument to which subsection one of this section applies and which is not exempted by the regulations from being so stamped is found to have been last stamped with a certifying stamp longer than twelve months immediately prior to that time, or if that period has been extended in pursuance of subparagraph (b) of the first proviso to subsection one of this section with respect to that weight, measure, weighing instrument, or measuring instrument, longer than that extended period immediately prior to that time, such weight, measure, weighing instrument, or measuring instrument shall for the purposes of this Act, without prejudice to any other means of that proof, be deemed to be not inspected and stamped as required by this subsection.

( 4) Stamped weights, etc., to have currency throughout Queensland. Any weight, measure, weighing instrument, or measuring instrument which is inspected and stamped with a certifying stamp, or inspected and in respect of which a certifying certificate is issued under and as required by this section shall, subject to this Act, be considered to be a legal weight, measure, weighing instrument, or measuring instrument, as the case may be, throughout Queensland unless found to be false or unjust.

(5 ) (a) Dismantling and re-installing weighing or measuring instruments. In the case of a weighing instrument or measuring instrument which is required as prescribed to be produced to an inspector for


inspection only after it has been installed at the place where it is to be used for trade, if, after such weighing instrument or measuring instrument has been so inspected, and either it has been stamped with a certifying stamp, or if it is exempted by the regulations from being so stamped, a certifying certificate has been issued with respect thereto, that weighing instrument or measuring instrument is dismantled and re-installed, whether in the same or some other place, it shall not be used for trade after being so re-installed until it has, subsequent to the re-installation, been inspected by an inspector and either it has been re-stamped with a certifying stamp or, if it is exempted by the regulations from being so stamped, another certifying certificate has been issued with respect thereto,

(b) Any person who-(i) where a weighing instrument or measuring instrument has been

dismantled and re-installed, uses for trade or causes or permits any person to use for trade that weighing instrument or measuring instrument in contravention of paragraph (a) of this subsection; or

(ii) where a weighing instrument or measuring instrument has been dismantled, disposes of it to a person without informing that person that it cannot lawfully be used for trade after re-installation except in compliance with paragraph (a) of this subsection;

shall be guilty of an offence against this Act.

(6) Inspection stamps and certifying certificates. Subject to subsection (5) of this section a certifying stamp stamped upon a weight, measure, weighing instrument or measuring instrument in accordance with this Act or a certifying certificate issued in accordance with this Act shall have the like validity throughout Queensland as it has in the place where it was originally stamped or, as the case may be, issued, and the weight, measure, weighing instrument or measuring instrument shall not be required to be re-stamped nor shall another certifying certificate be required to be issued with respect thereto solely because the weight, measure, weighing instrument or measuring instrument is used in another place.

As amended by Act of 1963, No. 42, s. 7. See notes to '5. 15.

17 A. Approving Authority. (1) For the purpose of approving the pattern of weights, measures, weighing instruments and measuring instruments which may be used for trade there shall be an Approving Authority.

(2) The Minister may make an arrangement with the Commission for the Commission to act as the Approving Authority.

Upon the notification of such an arrangement in the Gazette, the Commission shall be the Approving Authority under this Act.

(3) (a) In the absence of any arrangement referred to in subsection (2) of this section the Chief Inspector shall be the Approving Authority under this Act.

The fact that the Chief Inspector at any time has exercised any power, function, or authority, or has performed any duty of the Approving Authority shall, until the contrary is proved, be svfficient evidence of the absence at that time of any arrangement referred to in subsection (2) of this section.

WEIGHTS & MEASURES ACTS, 1951 TO 1967 55.17-17B 439

(b) The Governor in Council may, by regulation prescribe-(i) The conditions for the issue, amendment and cancellation of

general specifications; (ii) The procedure to be adopted for the submission and examina

tion of patterns of weights, measures, weighing instruments and measuring instruments;

(iii) The issue and cancellation of certificates of approval; (iv) The alteration and amendment of certificates of approval; (v) The marking of weights, measures, weighing instruments and

measuring instruments; and (vi) The fees payable in respect of any matter referred to in the

preceding subparagraphs of this paragraph.

(c) Pending the making of regulations pursuant to this subsection, the regulations in force as at the commencement of "The Weights and Measures Acts Amendment Act of 1963" shall, with all necessary modifications and adaptations, apply with respect to the several matters set out .in paragraph (b) of this subsection.

( 4) (a) Where the Chief Inspector has, prior to the commencement of "The Weights and Measures Acts Amendment Act of 1963" approved and issued a certificate for any weight, measure, weighing instrument or measuring instrument of a type, material and design which in his opinion complied with the regulations, was suitable for use for trade and would not facilitate fraud, and that approval was in force as at the commencement of "The Weights and Measures Acts Amendment Act of 1963" that weight, measure, weighing instrument or measuring instrument shall, for the purposes of this Act, be deemed to be of a pattern approved by the Approving Authority under this Act and any certificate issued in relation thereto shall be deemed to be a certificate of approval issued under this section.

(b) The Approving Authority may at any time cancel and at any time and from time to time alter or amend any approval and any certificate referred to in paragraph (a) of this subsection in all respects as if the approval had been given and the certificate issued by the Approving Authority under this section.

( c) The Approving Authority may at any time and from time to time issue certificates of approval authorising such minor modifications as it thinks fit of the pattern of any weight, measure, weighing instrument or measuring instrument referred to in paragraph (a) of this subsection in all respects as if that pattern had been approved by the Approving Authority under this section.

Inserted by Act of 1963, No. 42, s. 8; as amended by Act of 1965, No. 36, s. 5. Act referred to:

Weights and Measures Acts Amendment Act of 1963, not reprinted. For notification appointing Approving Authority see Industrial Gazette

28 October 1967, p. 231. See notes to s. 15.

17s. Approved Patterns of Equipment for use for trade. (1) This section shall apply during the currency of any arrangement made pursuant to subsection (2) of section 17 A of this Act.


(2) The Commission may prepare and issue general specifications for the construction of weights, measures, weighing instruments and measuring instruments referred to in section 17 A of this Act, and may at any time and from time to time alter or amend, or at any time cancel such specifications, or any specifications issued by the Chief Inspector as the Approving Authority under section 17 A of this Act and for the time being in force.

(3) Where any general specification is issued by the Commission pursuant to subsection (1) of this section the Chief Inspector, upon receipt from the Commission of advice of the issue of that specification, shall, by notification in the Gazette, declare that such specification is in force for the purposes of this section.

Whenever any such specification is altered, amended or cancelled by the Commission pursuant to subsection (2) of this section, the Chief Inspector, upon receipt from the Commission of advice of such alteration, amendment or cancellation, shall, by notification in the Gazette, declare such specification to be so altered, amended or cancelled.

( 4) Where any pattern of a weight, measure, weighing instrument or measuring instrument referred to in section 17 A of this Act is submitted to the Commission as prescribed for the purpose of approval of that pattern, the Commission shall, on payment of the prescribed fee, examine in such manner as it thinks fit the suitability for use for trade of a weight, measure, weighing instrument or measuring instrument of that pattern, having regard in particular to the principle, materials and methods used or proposed to be used in the construction of that weight, measure, weighing instrument or measuring instrument.

If the Commission is satisfied that the weight, measure, weighing instrument or measuring instrument is suitable for use for trade and would not facilitate fraud, then, subject to this section, it shall issue a certificate of approval of that pattern, and may from time to time thereafter issue certificates of approval authorising such minor modifications thereof as it thinks fit.

In like case the Commission may from time to time issue certificates of approval authorising such minor modifications as it thinks fit of any pattern in respect of which a certificate of approval issued, or deemed to have been issued, by the Chief Inspector as the Approving Authority under section 17 A of this Act is for the time being in force.

(5) Where any certificate is issued by the Commission pursuant to subsection (4) of this section, the Chief Inspector, upon receipt from the Commission of advice of the issue of the certificate, shall notify in the Gazette the fact of the issue of the certificate and shall supply to all inspectors such particulars relating to the pattern or, as the case may be, modification to which the certificate relates as the Commission may from time to time supply:

Provided that this subsection shall not apply where the certificate is issued subject to a condition referred to in subsection (6) of this section.

(6) A certificate of approval under subsection (4) of this section may be issued subject to the condition or may subsequently be made subject to the condition that, except with the consent of the Chief Inspector, a weight, measure, weighing instrument or measuring instrument

WEIGHTS & MEASURES ACTS, 1951 TO 1967 &'l.17B,17c 441

of the pattern or modified pattern in question may be used for trade only for such period, or for such purposes, or in such circumstances, as the Commission may specify, and in such case the Chief Inspector may, in his discretion, grant or refuse such consent.

The Commission may at any time and from time to time alter or amend (including adding to) such condition and may at any time cancel such condition.

(7) The Commission may at any time revoke any certificate of approval issued under this section, or under section 17 A of this Act.

Where any such certificate is revoked, the Chief Inspector, upon receipt from the Commission of advice of the revocation, shall notify the revocation in the Gazette.

( 8) Any weight, measure, weighing instrument or measuring instrument of a pattern or modified pattern in respect of which a certificate of approval has been issued under this section may, and in such cases as may be prescribed shall, be marked in the prescribed manner so as to identify it with the pattern or, as the case may be, modified pattern in question.

(9) If the Commission is satisfied that any pattern submitted to it under subsection (4) of this section conforms to any general specification for the time being in force under this section, it may, when issuing a certificate of approval of that pattern, indicate that the pattern conforms to that general specification.

Inserted by Act of 1963, No. 42, s. 8; as amended by Act of 1965, No. 36, s. 6.

17c. Offences in relation to approvals of patterns. (1) Where a weight, measure, weighing instrument or measuring instrument is of a pattern or modified pattern in respect of which a certificate of approval has been issued or is deemed to have been issued under this Act subject to a condition, and is in force, any person who-

(a) Uses for trade or causes or permits any person to use for trade that weight, measure, weighing instrument or measuring instrument in contravention of such condition; or

(b) Disposes of that weight, measure, weighing instrument or measuring instrument in a condition in which it is capable of being used for trade to a person without informing that person that it cannot lawfully be used for trade otherwise than in accordance with such condition,


(2) Where a certificate of approval has been issued or is deemed to have been issued under this Act and has been revoked, then, unless a new certificate of approval is issued and in force with respect to the pattern or modified pattern referred to in that certificate, any person who-

(a) Uses for trade or causes or permits any person to use for trade a weight, measure, weighing instrument or measuring instrument of the pattern or, as the case may be, modified pattern, referred to in the revoked certificate; or

(b) Disposes of a weight, measure, weighing instrument or measuring instrument of the pattern or, as the case may be, modified pattern referred to in the revoked certificate, in a


condition in which it is capable of being used for trade, to a person without informing that person that the certificate of approval has been revoked,

shall be guilty of an offence against this Act. Inserted by Act of 1963, No. 42, s. 8.

18. (1) When provision to be made for facilitating inspection. For the purposes of any inspection of any weighing instrument or measuring instrument, the owner thereof shall, at the request of an inspector, provide at the place of the inspection-

(i) In the case of a weighing instrument-(a) Weights, duly inspected and stamped with a certifying stamp

under and as required by this Act, of not less than one quarter of the capacity of that weighing instrument; and

(b) Such heavy material of such weight (in convenient form of handling) and such labour as the inspector considers necessary for the proper conduct of such inspection;

(ii) In the case of a measuring instrument, such labour as the inspector considers necessary for the proper conduct of such inspection.

(2) Inspector may order weights, etc., to be delivered for inspection. In any case where an inspector is of opinion that it is necessary or expedient so to do, he may order the owner of, or any person who has in his possession, any weights, measures, weighing instruments, or measuring instruments used or for use for trade to forward or deliver them, or any of them, to or at any place named by the inspector within or at a time specified, for the purpose of inspection.

Any person so ordered shall comply with such order.

The expense of forwarding or delivering and the return of the weights, measures, weighing instruments, or measuring instruments in question shall be borne by the person so ordered.

(3) Saving. Nothing in this section contained shall affect the duty under this Act of having every weight, measure, weighing instrument, and measuring instrument used or in possession for trade periodically inspected by an inspector.

19. Fees. The fees which shall be payable in respect of any inspection or service under this Act in connection with any weights, measures, weighing instruments, or measuring instruments shall be such as shall from time to time be prescribed by regulations in that behalf:

Provided that a person who has paid the fees prescribed in respect of an inspection of any weight, measure, weighing instrument, or measuring instrument shall not be liable to pay any further fees in respect of any second or subsequent inspection, within twelve months of that inspection in respect of which the fees were paid, of that weight, measure, weighing instrument, or measuring instrument, except in the case of any inspection upon the mending or repairing or adjustment thereof or any inspection in which any necessary adjustment is made thereto or where an inspection is requested, when, in any such case the prescribed fees shall be paid.

WEIGHTS & MEASURES ACTS, 1951 TO 1967 SS. 17c-23 443

20. Contents of weights and measures to be stamped on them. Except as by this Act otherwise provided-

(i) Every weight shall have the number of pounds or other denomination contained in such weight stamped on the top or side thereof in legible figures and letters;

(ii) Every measure of capacity shall have its capacity stamped on the outside thereof in legible figures and letters.

Any weight or measure to which this section applies not in conformity with this section shall not be stamped with a certifying stamp under this Act.

21. Weights made of certain substances not to be stamped. No weight made of lead or pewter, or of any mixture thereof, or of china or earthenware, shall be stamped with a certifying stamp under this Act.

A person shall not use or have in possession for trade any weight specified in this section:

Provided that nothing in this section contained shall prevent the insertion of a plug of lead or pewter into any weight for the purpose of adjusting it, if a certifying stamp is affixed thereon by an inspector.

22. Special provisions as to weighing and measuring instruments. ( 1) A person shall not use to make balance any weighing instrument used for trade, any thing which is not ordinarily part of that weighing instrument.

(2) No weighing instrument or measuring instrument with removable parts, the removal of which would affect the accuracy of the instrument, shall be stamped with a certifying stamp under this Act unless the parts are such that the instrument cannot be used without them.

POWERS AND OBSTRUCTION OF INSPECTORS

23. Powers of inspectors. Any inspector may at all reasonable times either in the daytime or at night-

(i) Inspect all weights, measures, weighing instruments, and measuring instruments of any and every kind used or for use for trade and for that purpose enter any place where he has reasonable cause to believe there is any such weight, measure, weighing instrument, or measuring instrument and therein or thereon search for and inspect all such weights, measures, weighing instruments, and measuring instruments;

(ia) Inspect all markings upon articles or packages containing articles for sale or upon labels affixed to articles or packages containing articles for sale, and for that purpose enter and search any place where there is or he has reasonable cause to believe there is any article or package containing any article for sale, and, on payment or tender to the person apparently in charge of the place in question of the current market value or at the rate prescribed, demand, select and take any such article or package;

(ii) Search for and inspect any weights, measures, weighing instruments, and measuring instruments of any and every kind used or for use for trade in or upon or in connection with any vehicle, or in the possession of any person having a pack, basket, or other receptacle containing articles for sale, and for any of these purposes stop any vehicle or person;


(iii) Search for and examine any article for sale and for that purpose enter any place where he has reasonable cause to believe there is any article for sale, and, in the presence of the person in charge, if any, of the article, select and weigh or measure or cause to be weighed or measured any article for sale, whether that article is in a package or not, and where any such article is packed, if necessary for this purpose break open that package;

(iv) Without prejudice to the provisions of subparagraph (iii) of this section, on payment or tender to the person in charge thereof of the current market value or of the rate prescribed, demand, select, and take any such article; and

(v) Request any person to produce all weights, measures, weighing instruments, and measuring instruments used or in his possession for trade for inspection.

If any person in whose presence any article referred to in subparagraph (iii) of this section may be selected and weighed or measured, when requested by the inspector to be present at that selection and weighing or measuring refuses or fails to be present then, notwithstanding the provisions of that subparagraph, the inspector may select and weigh or measure, as the case requires, the article in the absence of the person in that subparagraph specified.

An inspector may seize any article or any package containing any article in respect of which it appears to him that this Act is being or has been contravened.

As amended by Act of 1966, No. 14, ~. 2. The Crown is not bound by the section, and there is no power to enter on

premises of the Crown, Pollard v. Gregory (1876), 2 V.L.R. (L.) 260. See notes to s. 15.

24. Matters may be completed by different inspectors. Notwithstanding anything to the contrary in this Act, if an inspector has issued any order or given any direction or notice or made any request under this Act, he or any other inspector who is empowered by this Act to issue, give, or make a like order, direction, notice, or as the case may be, request, may at any time by direction of the Chief Inspector withdraw or revoke or from time to time vary the order, direction, notice, or request, or take further steps thereon.

25. Powers of inspectors with respect to unjust weights and measures, etc. ( 1) If upon inspection at any time of any weight, measure, weighing instrument, or measuring instrument, it appears to the inspector that the weight, measure, weighing instrument, or measuring instrument is not stamped with a certifying stamp as required by this Act, or where the weight, measure, weighing instrument, or measuring instrument is exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, that a certifying certificate has not been issued in respect thereof, or that the weight is light or otherwise unjust, or that the measure is incorrect or otherwise unjust, or that the weighing instrument or measuring instrument is unjust, the inspector may-

(i) Seize the same or any part thereof; or


Oi) Where the weight, measure, weighing instrument, or measuring instrument, is found to be light, incorrect, or otherwise unjust, if he deems it proper so to do, in lieu of immediately seizing the weight, measure, weighing instrument, or measuring instrument-

(a) Give to the owner of or to the person found in possession of the same notice, in writing, to have the same corrected and made true and just within fourteen days of the date of the giving of such notice or within such shorter period as the inspector deems fit and in the meantime to cease to use the same; or

(b) Adjust the same.

(2) Where any notice given under subparagraph (ii) of this subsection one of this section is complied with to the satisfaction of the inspector, he shall not take any further action under this section, but, if such notice is not so complied with, the inspector may, at the expiration of the time specified in the said notice, seize the weight, measure, weighing instrument, or measuring instrument in question or any part thereof.

(3) The Chief Inspector may at any time, whether or not a prosecution for an offence against this Act is instituted in respect thereof, direct that any weights, measures, weighing instruments, or measuring instruments, or any parts thereof, seized under this section be forfeited to His Majesty and thereupon the weights, measures, weighing instruments, measuring instruments, or parts, the subject of that direction shall be forfeited accordingly:

Provided that nothing in this subsection shall prejudice or affect the power of forfeiture conferred upon a court by this Act.

26_ (1) Power of Chief Inspector to prohibit use of instruments, etc., for certain purposes. If the Chief Inspector is of opinion that any weight, measure, weighing instrument, or measuring instrument used or for use for any purpose is not suitable to be used or for use for that purpose, or that its use for that purpose facilitates or will facilitate fraud, he may, by order in writing given to the person using or in possession of that weight, measure, weighing instrument, or measuring instrument, prohibit the use or, as the case requires, further use of the weighing instrument or measuring instrument for the purpose specified in the order.

A person to whom such order has been given shall comply therewith. (2) Power of inspector to order cause of contravention to be

remedied. Where any weight, measure, weighing instrument, or measuring instrument, or any article, package, or label does not comply in every respect with the provisions of this Act, or where any provision of this Act has not been complied with in relation to any weight, measure, weighing instrument, measuring instrument, article, package, or label, an inspector may order in writing any person who has offended against this Act by such non-compliance, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the non-compliance has occurred.

The giving of such an order shall not affect any proceeding or any action authorised by this Act which has been or may be taken for the non-compliance which resulted in the order but, subject to the provision


hereinafter in this subsection contained, the person to whom the order is given shall not be liable under this Act in respect of any continuation of that non-compliance during the time allowed by the order.

A person to whom such an order is given shall comply in every respect with the order.

27. Obstruction of inspectors. Any person who-(i) Assaults, resists, or obstructs any inspector Or other officer

in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do; or

(ii) Fails, when requested by an inspector, to produce all weights, measures, weighing instruments, and measuring instruments used or in his possession for trade for inspection; or

(iii) Refuses to permit any inspector to inspect any weights, measures, weighing instruments, or measuring instruments or to examine, select, weigh, or measure any article; or

(iv) Fails to comply with the lawful order, direction, notice, demand, or requisition or any part of the lawful order, direction, notice, demand, or requisition of any inspector; or

(v) Refuses to sell or to allow to be taken any article demanded pursuant to this Act; or

(vi) Retakes or attempts to retake any weight, measure, weighing instrument, measuring instrument, or article seized, taken, or obtained under this Act by an inspector, or resists or attempts to prevent such seizure, taking, or obtaining; or

(vii) Uses any threat or any abusive or insulting language to any inspector or other officer; or

(viii) Impersonates an inspector, shall be guilty of an offence against this Act.

See notes to s. 15.

PART IV-BREAD-WEIGHTS

28. Bread to be made and sold in loaves of certain weights. ( 1) This section does not apply to or with respect to bread made into rolls or into other articles other than loaves weighing (according to the standard weight by law established) not more than eight ounces.

(2) All bread made for sale shall be made into loaves weighing (according to the standard weight by law established) approximately but not less than one pound, two pounds, or four pounds and denominated the one pound loaf, two pound loaf and four pound loaf respectively.

(3) Any person who makes for sale or sells any loaf of bread( i) Which is not of a denomination hereinbefore specified in this

section; or (ii) Which, purporting to be of a denomination hereinbefore

specified in this section, is deficient of the weight prescribed therefor,


WEIGHTS & MEASURES ACTS, 1951 TO 1967 ss.26·28 447

A person guilty of the offence of making for sale any loaf of bread in contravention of this subsection shall be liable to a penalty not exceeding-

(a) For the first such offence, two hundred dollars; (b) For the second or any subsequent such offence, four hundred

dollars.

( 4) Where, upon the hearing of a complaint for an offence against subsection three of this section of making for sale or selling, as the case may be, any loaf of bread which is not of a denomination hereinbefore specified in this section, the court is satisfied upon the whole of the evidence led and admitted at the hearing (including the evidence, if any, for the defence) that the defendant made for sale, or, as the case may be, sold the loaf of bread in question but that that loaf-

(i) Purported to be of a denomination hereinbefore specified in this section; and

(ii) Was deficient of the weight prescribed for a loaf of bread of that denomination,

then wi:th respect to that loaf of bread the court may wi:t:hout complaint being made in that behalf, convict and punish the defendant for the offence that he made for sale or, as the case may be, sold a loaf of bread which, purporting to be of a denomination hereinbefore specified in this section, was deficient of the weight prescribed therefor.

(S) Upon a complaint against any person for an offence against subsection three of this section of making for sale or selling any loaf of bread, as the case may be, which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the average weight per loaf of a reasonable number of the loaves, purporting to be of the same denomination and description, of that bread found at anyone and the same time is less than the weight prescribed for loaves of such denomination.

For the purposes of this subsection not less than twenty loaves purporting to be of the same denomination and description so found shall be deemed to be a reasonable number, or if twenty loaves or more purporting to be of the same denomination and description are not found, then the reasonable number shall be all the loaves purporting to be of the same denomination and description so found.

(SA) Notwithstanding anything hereinbefore contained in this section, upon a complaint against any person for an offence against subsection three of this section of making for sale or selling any loaf of bread, as the case may be, which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the total dry solids of the loaf, purporting to be of the same denomination and description of that bread found at anyone and the same time and being a loaf of or most nearly approximating the average weight per loaf of the loaves of the same denomination and description weighed pursuant to the provisions of subsection five of this section, is less than the total dry solids prescribed for loaves of such denomination.


For the purposes of this subsection the inspector shall select and seize from the loaves purporting to be of the same denomination and description so found and weighed in accordance with the provisions of subsection five of this section, two loaves of or most nearly approximating the average weight per loaf of the loaves so weighed.

One of the loaves so selected and seized and being the loaf of or most nearly approximating the average weight per loaf of the loaves so weighed shall be dealt with by the inspector in accordance with the provisions of subsection 3A of section thirty of this Act.

The inspector shall offer the other loaf so selected and seized duly sealed, wrapped and marked as prescribed by subsection 3A of section thirty of this Act to the person who pursuant to this Act is present at the weighing or, where the bread is weighed under the authority of this Act in the absence of any such person, the inspector shall offer that loaf to some person employed or apparently employed at the place where such bread was made or sold or in connection with the business carried on thereat.

(5B) The total dry solids of a loaf of bread shall be as set out hereunder:-

(i) In case of a one pound loaf-not less than nine ounces and six tenths of an ounce;

(ii) In the case of a two pound loaf-not less than one pound three ounces and two tenths of an ounce;

(iii) In the case of a four pound loaf-not less than two pounds six ounces and four tenths of an ounce,

or such other total dry solids as may be prescribed from time to time in lieu thereof or in substitution therefor.

(5c) Without limiting the power to make regulations conferred by section fifty-five of this Act regulations may be made under that section prescribing the total dry solids of a loaf of bread of all or any of the denominations hereinbefore specified in this section and/or of a loaf of bread of all or any of the classes or descriptions of the same denomination in lieu of or in substitution for the dry solids of a loaf prescribed by subsection 5B of this section.

(6) For the purposes of this section any loaf of bread which exceeds the weight of one pound four ounces shall be deemed to be not a one pound loaf.

As amended by Act of 1957, 6 Eliz. 2 No.5, s. 3. Decimal currency references substituted pursuant to section 7 of Decimal

Currency Act of 1965. The requirements of s. 28 (2) and (3) are satisfied by proof that the defendant

had in his possession for sale bread which an ordinary purchaser would purchase as a two-pound loaf, Hussie v. Williamson; Ex parte Hussie, [1955] Q.W.N. 48.

As to sliced bread, see's. 29.

28A. Milk bread to be made and sold in loaves of certain weights. ( 1 ) Section twenty-eight of this Act shall not apply to bread made for sale which is marked as prescribed by this section but the said section twenty-eight shall apply to bread made for sale not so marked notwithstanding that it complies with the standard prescribed for milk bread and that it is of a denomination specified in this section.

WEIGHTS & MEASURES ACTS, 1951 TO 1967 SS. 28, 28A 449

(2) Milk bread made for sale shall be made into loaves weighing (according to the standard weight by law established) approximately but not less than twelve ounces or one pound eight ounces and denominated the twelve ounce loaf and the twenty-four ounce loaf respectively.

(3) Every loaf of milk bread made for sale shall be legibly and durably marked-

(i) I n the case of such a loaf of a denomination of twelve ounces, "Milk-12 ounces"; or

( ji) In the case of such a loaf of a denomination of twenty-four ounces, "Milk-24 ounces".

( 4) A person shall not mark as prescribed by this section any loaf of bread made for sale unless that loaf of bread conforms to the standard prescribed for milk bread.

A person guilty of the offence of marking any loaf of bread in contravention of this subsection shall be liable to a penalty not exceeding


dollars.

(5) Any person who makes for sale or sells any loaf of milk bread-

(i) Which is not of a denomination hereinbefore specified in this section; or

( ii) Which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor,


A person guilty of the offence of making for sale any loaf of milk bread in contravention of this subsection shall be liable to a penalty not exceeding-


dollars.

In any proceeding under or for the purposes of this subsection in which it is material to prove that a loaf of bread is a loaf of milk bread, evidence that the loaf in question is marked as prescribed by this section shall be evidence, which until the contrary is proved, shall be deemed to be conclusive evidence that the loaf is a loaf of milk bread.

(6) Where, upon the hearing of a complaint for an offence against subsection five of this section of making for sale or selling, as the case may be, any loaf of milk bread which is not of a denomination hereinbefore specified in this section, the court is satisfied upon the whole of the evidence led and admitted at the hearing (including the evidence, if any, for the defence) that the defendant made for sale, or, as the case may be, sold the loaf of milk bread in question but that that loaf-

15

( i) Purported to be of a denomination hereinbefore specified in this section; and


(ii) Was deficient of the weight prescribed for a loaf of milk bread of that denomination,

then with respect to that loaf of milk bread the court may without complaint being made in that behalf, convict and punish the defendant for the offence that he made for sale or, as the case may be, sold a loaf of milk bread which, purporting to be of a denomination hereinbefore specified in this section, was deficient of the weight prescribed therefor.

(7) Where upon the hearing of a complaint for an offence against subsection five of this section the court is satisfied upon the whole evidence led and admitted at the hearing (including the evidence, if any, for the defence) that the defendant is not guilty of the offence charged but is guilty of an offence against subsection four of this section, the court may without complaint being made in that behalf, convict and punish the defendant for the offence against subsection four established by the evidence.

(8) Upon a complaint against any person for an offence against subsection five of this section of making for sale or selling, as the case may be, any loaf of milk bread which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the average weight per loaf of a reasonable number of the loaves, purporting to be of the same denomination and description, of that bread found at any one and the same time is less than the weight prescribed for loaves of such denomination.

For the purposes of this subsection not less than twenty loaves purporting to be of the same denomination and description so found shall be deemed to be a reasonable number, or if twenty loaves or more purporting to be of the same denomination and description are not found, then the reasonable number shall be all the loaves purporting to be of the same denomination and description so found.

(9) Notwithstanding anything hereinbefore contained in this section, upon a complaint against any person for an offence against subsection five of this section of making for sale or selling, as the case may be, any loaf of milk bread, which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the total dry solids of the loaf, purporting to be of the same denomination and description of that bread found at anyone and the same time and being a loaf of or most nearly approximately the average weight per loaf of the loaves of the same denomination and description weighed pursuant to the provisions of subsection eight of this section, is less than the total dry solids prescribed for loaves of such denomination.

For the purposes of this subsection the inspector shall select and seize from the loaves purporting to be of the same denomination and description so found and weighed in accordance with the provisions of subsection eight of this section, two loaves of or most nearly approximating the average weight per loaf of the loaves so weighed.

One of the loaves so selected and seized and being the loaf of or most nearly approximating the average weight per loaf of the loaves so weighed shall be dealt with by the inspector in accordance with the provisions of subsection 3A of section thirty of this Act.

WEIGHTS & MEASURES ACTS, 1951 TO 1967 SSe 28A, 29 451

The inspector shall offer the other loaf so selected and seized duly sealed, wrapped and marked as prescribed by subsection 3A of section thirty of this Act to the person who pursuant to this Act is present at the weighing or, where the bread is weighed under the authority of this Act in the absence of any such person, the inspector shall offer that loaf to some person employed or apparently employed at the place where such bread was made or sold or in connection with the business carried on thereat.

( 10) The total dry solids of a loaf of milk bread shall be as set out hereunder:-

0) In the case of a twelve ounce loaf-not less than seven ounces and two-tenths of an ounce;

(ij) In the case of a twenty-four ounce loaf-not less than fourteen ounces and four-tenths of an ounce,


( 11) Without limiting the power to make regulations conferred by section fifty-five of this Act regulations may be made under that section-

(i) Prescribing the total dry solids of a loaf of milk bread of either of the denominations hereinbefore specified in this section and/or of a loaf of milk bread of all or any of the classes or descriptions of the same denomination in lieu of or in substitution for the dry solids of a loaf prescribed by subsection ten of this section; and

(ii) Prescribing the method by which every loaf of milk bread shall be marked as prescribed by subsection three of this section.

( 12) For the purposes of this section any loaf of milk bread which exceeds the weight of one pound shall be deemed to be not a twelve ounce loaf.

( 13) For the purposes of this Part IV of this Act, the term "milk bread" shall mean bread which conforms to the standard prescribed for milk bread.

Inserted by Act of 1958, 7 Eliz. 2 No. 35, s. 2. Decimal currency references substituted pursuant to section 7 of Decimal

Currency Act of 1965. As to sliced milk bread, see s. 29A.

29. Sliced bread. ( 1) All bread for sale as sliced bread shall be packed in packages containing a quantity of bread weighing (according to the standard weight by law established) approximately but not less than one pound, two pounds or four pounds and denominated the one pound package, two pound package, and four pound package, respectively.

Any person shall not sell any sliced bread which is not packed in a package.

(2) Any person who packs for sale, or who sells, any package of sliced bread-


(ii) Which, purporting to be of a denomination hereinbefore specified in this section, contains a quantity of bread deficient of the weight prescribed therefor; or


(iii) which package is not marked as prescribed with a statement specifying that the package contains sliced bread and specifying the weight of the bread contained therein,


(3) Where, upon the hearing of a complaint for an offence against subsection two of this section of packing for sale or selling, as the case may be, any package of sliced bread which is not of a denomination hereinbefore specified in this section, the court is satisfied upon the whole of the evidence led and admitted at the hearing (including the evidence, if any, for the defence) that the defendant packed for sale or, as the case may be, sold the package of sliced bread in question but that that package-


(ii) Contained therein a quantity of bread deficient of the weight prescribed for a package of that denomination,

then, with respect to that package, the court may without complaint being made in that behalf, convict and punish the defendant for the offence that he did pack for sale or, as the case may be, sold a package of sliced bread which, purporting to be of a denomination hereinbefore specified in this section, contained a quantity of bread deficient of the weight prescribed therefor.

(3A) Notwithstanding anything hereinbefore contained in this section upon a complaint against any person for an offence against subsection two of this section of packing for sale or selling any package of sliced bread, as the case may be, which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the total dry solids of the bread contained in that package is less than the total dry solids prescribed for the bread contained in a package of sliced bread of such denomination.

For the purposes of this subsection the inspector shall select and seize from the packages purporting to be of the same denomination and description found and weighed in accordance with the provisions of subsections (3D) and (3E) of this section, two packages of or most nearly approximating the average weight per package of the packages so weighed.

One of the packages so selected and seized and being the package of or most nearly approximating the average weight per package of the packages so weighed shall be dealt with by the inspector in accordance with the provisions of subsection (3A) of section thirty of this Act.

The Inspector shall offer the other package so selected and seized duly sealed, wrapped and marked as prescribed by subsection (3A) of section thirty of this Act to the person who pursuant to this Act is present at the weighing or, where the bread is weighed under the authority of this Act in the absence of any such person, the inspector shall offer that package to some person employed or apparently employed at the place where such bread was made or sold or in connection with the business carried on thereat.


(3 B) The total dry solids of the bread contained in a package of sliced bread shall be as set out hereunder:-

(i) In the case of a one pound package not less than nine ounces and six tenths of an ounce;

(ii) In the case of a two pound package, not less than one pound three ounces and two tenths of an ounce;

(iii) In the case of a four pound package, not less than two pounds six ounces and four tenths of an ounce,


(3c) Without limiting the power to make regulations conferred by section fifty-five of this Act, regulations may be made under that section prescribing the total dry solids of the bread contained in a package of sliced bread of all or any of the denominations hereinbefore specified in this section and/or in a package of sliced bread of all or any of the classes or descriptions of the same denomination in lieu of or in substitution for the total dry solids of the bread contained in a package prescribed by subsection 3B of this section.

(3D) Upon a complaint against any person for an offence against subsection (2) of this section for packing for sale or, as the case may be, selling any package of sliced bread which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the average weight per package of a reasonable number of packages, purporting to be of the same denomination and description, of the packages of sliced bread found at anyone and the same time is less than the weight prescribed for packages of such denomination.

(3E) For the purposes of subsection (3D) of this section, not less than twenty packages purporting to be of the same denomination and description so found shall be deemed to be a reasonable number, or if twenty packages or more purporting to be of the same denomination and description are not found, then the reasonable number shall be all the packages purporting to be of the same denomination and description so found.

(4) For the purposes of this section any package of sliced bread which contains a quantity of bread exceeding the weight of one pound four ounces shall be deemed to be not a one pound package.

(5) Nothing in this section-(i) Shall apply to or with respect to the sale of any sandwiches

or other article made partly of sliced bread, or any sliced bread sold and consumed on the premises of the seller, or the sale of any sliced bread when sold in a quantity of not more than eight ounces;

(ii) Shall authorise or be deemed to authorise any bread to be made into a loaf which is not of a denomination specified in section twenty-eight of this Act.

As amended by Act of 1957, 6 Eliz. 2 No.5. s. 4; Act of 1967, No. 54. s. 5. As to bread generally, see s. 28.


29A. Sliced milk bread. (1) Section twenty-nine of this Act does not apply to any package of sliced bread for sale which package is marked as prescribed with a statement as prescribed by paragraph (iii) of subsection (3) of this section, but the said section twenty-nine applies to any package containing sliced bread for sale which package is not so marked notwithstanding that the bread contained therein complies with the standard prescribed for milk bread and that it is of a denomination specified in this section.

(2) All milk bread for sale as sliced milk bread shall be packed in packages containing a quantity of milk bread weighing (according to the standard weight by law established) approximately but not less than twelve ounces or one pound eight ounces and denominated the twelve ounce package and the twenty-four ounce package, respectively.

A person shall not sell any sliced milk bread which is not packed in a package.

(3) Any person who packs for sale, or who sells, any package of sliced milk bread-


(ii) Which, purporting to be of a denomination hereinbefore specified in this section, contains a quantity of milk bread deficient of the weight prescribed therefor; or

(iii) Which package is not marked as prescribed with a statement that includes the words "MILK BREAD" in capital letters of not less than eighteen point face measurement, specifying that the package contains sliced milk bread, and specifying the weight of the milk bread therein,


In any proceeding under or for the purposes of this subsection in which it is material to prove that a package containing sliced bread is a package of sliced milk bread, evidence that the statement prescribed by paragraph (iii) of this subsection is marked on the package is, until the contrary is proved, sufficient evidence that the package is a package of sliced milk bread.

( 4) Where, upon the hearing of a complaint for an offence against subsection three of this section of packing for sale or seiling, as the case may be, any package of sliced milk bread which is not of a denomination hereinbefore specified in this section, the court is satisfied upon the whole of the evidence led and admitted at the hearing (including the evidence, if any, for the defence) that the defendant packed for sale or, as the case may be, sold the package of sliced milk bread in question but that that package-


(ii) Contained therein a quantity of milk bread deficient of the weight prescribed for a package of that denomination,

then, with respect to that package, the court may without complaint being made in that behalf, convict and punish the defendant for the offence that he did pack for sale or, as the case may be, sold a package

WEIGHTS & MEASURES ACTS, 1951 TO 1967 s.29.\ 455

of sliced milk bread which, purporting to be of a denomination hereinbefore specified in this section, contained a quantity of milk bread deficient of the weight prescribed therefor.

(4A) Upon a complaint against any person for an offence against subsection (3) of this section for packing for sale or, as the case may be, selling any package of sliced milk bread which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the a verage weight per package of a reasonable number of packages, purporting to be of the same denomination and description, of the packages of sliced milk bread found at anyone and the same time is less than the weight prescribed for packages of such denomination.

(4B) For the purposes of subsection (4A) of this section, not less than twenty packages purporting to be of the same denomination and description so found shall be deemed to be a reasonable number, or if twenty packages or more purporting to be of the same denomination and description are not found, then the reasonable number shall be all the packages purporting to be of the same denomination and description so found.

(5) Notwithstanding anything hereinbefore contained in this section upon a complaint against any person for an offence against subsection three of this section of packing for sale or selling, as the case may be, any package of sliced milk bread which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the total dry solids of the milk bread contained in that package is less than the total dry solids prescribed for the milk bread contained in a package of sliced milk bread of such denomination.

For the purposes of this subsection the inspector shall select and seize from the packages purporting to be of the same denomination and description found and weighed in accordance with the provisions of subsections (4A) and (4B) of this section, two packages of or most nearly approximating the average weight per package of the packages so weighed.

One of the packages so selected and seized and being the package of or most nearly approximating the average weight per package of the packages so weighed shall be dealt with by the inspector in accordance with the provisions of subsection (3A) of section thirty of this Act.

The inspector shall offer the other package so selected and seized duly sealed, wrapped and marked as prescribed by subsection (3A) of section thirty of this Act to the person who pursuant to this Act is present at the weighing or, where the bread is weighed under the authority of this Act in the absence of any such person, the inspector shall offer that package to some person employed or apparently employed at the place where such bread was made or sold or in connection with the business carried on thereat.

(6) The total dry solids of the milk bread contained in a package of sliced milk bread shall be as set out hereunder-

(i) In the case of a twelve ounce package, not less than seven ounces and two-tenths of an ounce;


(ii) In the case of a twenty-four ounce package, not less than fourteen ounces and four-tenths of an ounce,


(7) Without limiting the power to make regulations conferred by section fifty-five of this Act, regulations may be made under that section prescribing the total dry solids of the milk bread contained in a package of sliced milk bread of either of the denominations hereinbefore specified in this section and/or in a package of sliced milk bread of all or any of the classes or descriptions of the same denomination in lieu of or in substitution for the total dry solids of the milk bread contained in a package prescribed by subsection six of this section.

(8) Where upon the hearing of a complaint for an offence against paragraph (i) or paragraph (ii) of subsection three of this section the court is satisfied upon the whole evidence led and admitted at the hearing (including the evidence, if any, for the defence) that the defendant is not guilty of the offence charged but is guilty of an offence against subsection nine of this section, the court may without complaint being made in that behalf, convict and punish the defendant for the offence against subsection nine established by the evidence.

(9) A person shall not pack for sale or sell a package of sliced bread, which package is marked with a statement as prescribed by paragraph (iii) of subsection (3) of this section, unless the bread contained in the package conforms to the standard prescribed for milk bread.

A person who contravenes the provisions of this subsection shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding-


dollars.

( 10) For the purposes of this section any package of sliced milk bread which contains a quantity of milk bread exceeding the weight of one pound shall be deemed to be not a twelve ounce package.

( 1 ]) Nothing in this section-(i) Shall apply to or with respect to the sale of any sandwiches

or other article made partly of sliced milk bread, or any sliced milk bread sold and consumed on the premises of the seller, or the sale of any sliced milk bread when sold in a quantity of not more than eight ounces;

(ii) Shall authorise or be deemed to authorise any milk bread to be made into a loaf which is not of a denomination specified in section 28A of this Act.

Inserted by Act of 1958, 7 Eliz. 2 No. 35. s. 3: a~ amended by Act of 1967, No. 54. s. 6.

Decimal currency references ,-ubstituted pur'suant to section 7 of Decimal Currency Act of 1965.

As to milk bread g~nera1]y. see s. 28A.

WEIGHTS & MEASURES ACTS, 1951 TO 1967 SS. 29.1, 30 457

30. Powers of inspectors with respect to weighing bread. ( I ) Any inspector may at any time by day or night-

(i) Enter any place in which bread is sold or any bakehouse and therein search for and examine, and in the case of a bakehouse, in the presence of the person, or if more than one, any of the persons, carrying on the business thereat, or of any servant or agent of such person or persons, or in any case, in the presence of any person apparently then in charge of that place, select and weigh any bread therein;

(ii) Stop any person or vehicle engaged in the distribution or delivery of bread and search for, examine, select, and weigh any bread in or on any vehicle or other thing used in connection with such distribution or delivery;

( iii) Interrogate any person to ascertain whether this Act has been or is being complied with;

(iv) On payment or tender to the person in charge thereof of the current market value or of the rate prescribed, demand, select and take any loaf of bread, or package of sliced bread found in any place in which bread is sold or in any bakehouse or in or on any vehicle or other thing used in connection with the distribution or delivery of bread; and

(v) Seize any loaf of bread, or package of sliced bread in respect of which a contravention of Part IV of this Act appears to him to have been committed.

If any person in whose presence any bread referred to in subparagraph (i) of this subsection may be selected and weighed, when requested by the inspector to be present at that selection and weighing, refuses or fails to be present then, notwithstanding the provisions of that subparagraph, the inspector may select and weigh the bread in the absence of any person in that subparagraph specified.

(2) Notwithstanding anything in this Part of this Act contained an inspector shall not be required to include in any weighing any loaf which is drawn from an oven aftcr his entry into any place.

(3) If on weighing any loaves of bread any deficiency is found in the weight prescribed therefor the inspector shall give to the person who pursuant to this Act is present at the weighing a copy of a certificate in writing and signed by him showing the correct particulars of such weighing or, where the bread is weighed under the authority of this Act in the absence of any such person, the inspector shall give such copy to some person employed or apparently employed at the place where such bread was made or sold or in connection with the business carried on thereat or if some such person cannot be found, the inspector shall forward such copy by prepaid registered letter addressed to the person or persons, at that place, who made or sold that bread.

(3A)-(i) The inspector taking, obtaining, or seizing any loaf of bread,

or package of sliced bread shall seal, wrap and mark separately each such loaf or package of sliced bread;

(ii) He shall subsequently deliver each such loaf or package to an analyst;


(iii) Such delivery to an analyst may be effected either personally or by sending the loaf or package so sealed, wrapped and marked by registered post addressed to the analyst at his usual address, or in a sealed package addressed to the analyst at his usual address by rail, aeroplane, motor vehicle, steamer or other means of transit, or in such other manner as may be prescribed;

(iv) A copy of any certificate of the result of any analysis of a loaf of bread, or package of sliced bread procured by an inspector may be obtained from the analyst by the person from whom the bread so analysed was purchased, taken on demand, or seized;

(v) No copy of any such certificate of analysis shall be used in any writing for trade purposes or as an advertisement, and if any person so uses it he shall be liable to a penalty not exceeding one hundred dollars;

( vi) No person shall use for trade purposes or as an advertisement any communication or correspondence from any State department relating to any bread to which Part IV of this Act applies; if any person so uses such correspondence or communication he shall be liable to a penalty not exceeding one hundred dollars;

(\ii) Without limiting the power to make regulations conferred by section fifty-five of this Act, regulations may be made under that section prescribing the method of ascertaining the total dry solids of a loaf of bread, or the bread contained in a package of sliced bread and where any such method has been prescribed, any analyst shall in his certificate of analysis declare that he has followed the prescribed method in his analysis.

(4) Every person carrying on the business of making or selling bread and their agents and servants shall furnish the means required by any inspector for an entry, inspection, or inquiry, or the exercise of his powers under this Act.

If upon an inspector demanding entry into any place for the purpose of exercising his powers under this Act, that demand is not answered forthwith or the person answering that demand does not admit the inspector to that place forthwith, then that inspector having the prior approval of the Minister or the Chief Inspector may enter that place with such assistance as may be deemed requisite and may use such force as is necessary for effecting that entry.

(5) The provisions of this section shall be in addition to and not in diminution of any other powers of an inspector under this Act and such other powers shall be had and may be exercised by any inspector for the purposes of this Part of this Act.

As amended by Act of 1957,6 Eliz. 2 No.5, s. 5.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

As to inspectors, see s. 15 and notes thereto.


30A. Analyst's certificate prima facie evidence. In a prosecution for an offence under this Part IV of this Act-

(i) The production by the prosecutor of a certificate of analysis purporting to be under the hand of an analyst shall be sufficient evidence of the facts stated therein unless the defendant requires that the analyst shall be called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the return day;

(ii) In like manner the production by the defendant of a certificate of analysis purporting to be under the hand of an analyst shall be sufficient evidence of the facts stated therein, unless the prosecutor requires that the analyst be called as a witness. A copy of such last named certificate shall be sent to the prosecutor at least three clear days before the return day, and if it is not so sent the court may adjourn the hearing on such terms as it thinks proper;

(iii) In which it is material to prove that a loaf of bread purporting to be of a denomination or a denomination and description hereinbefore specified in this Part IV of this Act, was deficient of the weight prescribed therefor; evidence that the total dry solids of that loaf of bread as ascertained upon an analysis thereof by an analyst is less than the total dry solids prescribed for a loaf of bread of that denomination or, as the case may be, denomination and description, shall be evidence which until the contrary is proved shall be deemed to be conclusive evidence that that loaf of bread was deficient of the weight prescribed for a loaf of bread of that denomination or, as the case may be, denomination and description; and

liv) Tn which it is material to prove that the quantity of bread contained in a package of sliced bread purporting to be of a denomination or denomination and description hereinbefore specified in this Part IV of this Act, was deficient of the weight prescribed therefor, evidence that the total dry solids of the bread contained in that package, as ascertained upon an analysis thereof by an analyst is less than the total dry solids prescribed for the bread contained in a package of sliced bread of that denomination or, as the case may be, denomination and description, shall be evidence which until the contrary is proved shall be deemed to be conclusive evidence that the bread contained in that package was deficient of the weight prescribed for the bread contained in a package of sliced bread of that denomination, or, as the case may be, denomination and description.

Inserted by Act of 1957, 6 Eliz. 2 No.5, s. 6; as amended by Act of 1958, 7 Eliz. 2 No. 35, s. 4.

31. Saving. Save as herein expressly provided, the provisions of this Part of this Act are in addition to and not in derogation of any other provisions of this Act relating to the sale of articles.


PART V-SALE OF ARTICLES AND USE OF WEIGHTS AND MEASURES FOR TRADE

32. [Repealed.] Repealed by Act of 1965. No. 36, s. 7.

33. Sales by Commonwealth legal units of measurement. (1) Articles of any description that are sold by weight or measure shall be sold by reference to such Commonwealth legal units of measurement as are prescribed by the regulations in relation to articles of that description.

(2) All grain, agricultural and vegetable seeds, mill by-products of (frain, hay, straw or chaff, and concentrated or prepared stock foods shall be sold by weight and not by measure.

(3) Nothing in subsection (2) of this section applies to or with respect to any sale of or lien over growing crops or loads of unthreshed .o:rain.

( 4) Any person who sells an article contrary to the provisions of this section is guilty of an offence against this Act.

(5) Any contract with respect to any article that is sold or agreed to be sold contrary to the provisions of this section is wholly void.

Substituted by Act of 1967, No. 54, s. 7. As to Commonwealth units, see s. 7.

34. Sales by net weight or measure. ( 1) Except as otherwise prescribed by or under this or any other Act, a person shall not-

(a) sell an article by weight or measure otherwise than by net weight or measure; or

(b) mark a package containing an article, or cause, permit, or suffer such a package to be marked, with the words "Gross weight" or words to the like effect.

(2) A person who sells an article by weight or measure shall, forthwith upon the delivery of the article to the purchaser, deliver or send to the purchaser an invoice or delivery note showing the true net weight or, as the case may be, measure, of the article.

(3) Subsection (2) of this section does not apply to or in relation to-

(i) an exempted article; (ii) an article weighed or measured before or at the time of sale

and in the presence of the purchaser; (iii) a pre-packed article contained in a package marked, in

accordance with this Act, with the true net weight or measure of the article; or

(iv) a pre-packed article of any description to which section 43G of this Act applies.

(4) For the purposes of subsection (3) of this section, an article shall be deemed not to be weighed or measured in the presence of the purchaser unless the instrument by which the article is weighed or measured is so constructed, placed in such a position, and so used as to enable the purchaser to have a clear and unobstructed view of and to see easily-

(a) the weight or measure, or indication of the weight or measure, of the article; and

(b) the operation of the weighing or measuring of the article.


(5) In subsection (3) of this section, "exempted article" means an article of any description that is wholly exempted by the regulations from the operation of subsection (2) of this section.

( 6) In the case of liquors that are subject to duties of customs or excise, compliance with the requirements of any Commonwealth Act as to measures in relation to those liquors is sufficient compliance with this section.

Suhstituted by Act of 1967. No. 54, s. 8. As to incorrect statement of weight or measure, see s. 35. As (0 pre-packed articles, see ss. 43A et seq.

35. Incorrect weight or measure. (1) Subject to section 43F of this Act, a person who delivers or sends to a purchaser an invoice or delivery note relating to an article (whether a pre-packed article or not) sold to the purchaser which states as the weight or measure of the article a weight or measure that is greater than the true weight or measure of the article so sold is guilty of an offence against this Act.

(2) If a person convicted of an offence against subsection (1) of this section has previously been convicted of an offence against that subsection, he shall be liable to a penalty not exceeding Four hundred dollars.

Subslituted by Act of 1967, No. 54, s. 9. For "package", see s. 6, ante. As to invoices and packages, see also s. 34 (2), ante. For penalty for an offence against this Act, see s. 44 (3) post. for a defence, see s. 44A.

36. (1) Sale of coal and firewood. A person shall not sell coal or firewood otherwise than by net weight:

Provided that coal or firewood may be sold otherwise than by net weight if, but only if-

(i) The quantity thereof sold exceeds five hundredweights; (ii) The seller obtains the consent in writing of the purchaser

to the coal or firewood being so sold; (iii) The date of the giving of that consent is clearly shown

thereon; and

(iv) The sale is effected on or within seven days of the giving of that consent.

The driver of any vehicle delivering or conveying coal or firewood of a quantity exceeding five hundredweights sold otherwise than by net weight shall produce on demand by an inspector the consent in writing required by this subsection to be obtained to that sale.

(2) Fraudulent sales. Any person who-(i) Sells coal or firewood by description which IS false as to

the sort of coal or firewood sold; or Oi) Sells or delivers wet coal or firewood with intent to defraud

the purchaser as to the weight of coal or firewood sold or delivered,



(3) Save as herein expressly provided, the provisions of this section are in addition to and not in derogation of any other section of this Act relating to the sale of articles.

Compare s. 34 (1). For penalty for offences under subsection (2), ,ee s. 44 (3), \ 7 ,. . It does not appear to be necessary that the coal or firewood ,hould be actually

weighed, but that so long as the parties to the transaction sell or agree to sell by nett weight they may dispense with the actual process of weighing and substitute therefor an estimated weight as a means of arriving at the price payable. See Birkenhead alld Northcote Gas Co. Ltd. v. Redpath & SOilS Ltd., [19261 N.Z.L.R. 741.

37. (1) Weighing and measuring instruments to be provided. Every person who sells, by weight or measure, any article in a shop, bakehouse, or other place whatsoever, or in or from any vehicle or any pack. basket, or other receptacle shall-

(i) Have a suitable weighing instrument with any necessary weights for weighing such article or, as the case requires, a suitable measure or measuring instrument for measuring such article; and

(ii) At the request of a purchaser of such article weigh or measure the same in the sight and presence of the purchaser.

If any such person fails to comply with the provisions of either subparagraph (i) or subparagraph (ii) of this subsection he shall be guilty of an offence against this Act:

Provided that this subsection shall not apply to-(i) Bread when sold and delivered elsewhere than at :l bakehouse

or shop; or (ii) Any other articles which may be exempted from this sub

section by the regulations. (2) Use of such instruments. A person shall be deemed not to

comply with any provision of subsection one of this section unless the weighing instrument, measure, or, as the case may be, measuring instrument is so constructed and placed in such a position and so used that the purchaser has a clear and unobstructed view of and can easily see the weight or measure or the register of weight or measure by which he is buying and the purchaser has a clear and unobstructed view of and can easily see the operation of the weighing or measuring.

(3) Purchase by standard measure. Any person buying by any vessel represented as containing the quantity of any standard measure or measures may require the contents of such vessel to be ascertained by comparison with a measure, duly inspected and stamped with a certifying stamp under and as required by this Act, to be provided by the seJler.

If the seller refuses or otherwise fails to make such comparison, or if upon such comparison such vessel is found to be deficient in capacity, the seller shall be guilty of an offence against this Act.

Nothing contained in this subsection shall affect or prejudice the provisions of subsection one of this section.

As to spirituous liquor, cf. Liquor Act 1912-1970, s. 55, title LIQUOR, Vol. 10, p. 82.

Where articles are found to be short weight according to weights required by law to be kept correct, there is evidence of short weight, but not where weights so used are those kept for private purposes, Gabriel v. Smith, [1905] S1. R. Qd. 106; [1905] Q.W.N. 44; Smith v. Wood (1889), 23 Q.B.D. 380.


38. (1) Weighing instruments for agricultural or dairy produce. The owner of every mill, refinery, creamery, factory, produce store, market, building, or other place for the treatment, purchase, or sale of agricultural or dairy produce shall provide, in or convenient to such place, a suitable weighing instrument.

He shall cause the same to be placed, erected, and covered in, or otherwise protected, and to be verified, and from time to time inspected and if necessary adjusted in accordance with this Act.

He shall when requested so to do, and without undue delay, and without charge, cause to be weighed thereon all such produce which he has purchased or sold, or with respect to which he has entered into any contract qualified or conditioned in any way with respect to the weight of such produce.

He shall give facilities to any person from whom he has purchased or is receiving any such produce, or to whom he has sold or is delivering the same, to observe and check the weighing of such produce.

(2) Appointment of check-weigher. Any person entitled to observe and check the weighing of such produce shall also be entitled and permitted, at his own cost, to station a person (called a "check-weigher") at the place of weighing such produce in order to check and take an account of the weight thereof.

Where a check-weigher is appointed to perform his duties on behalf of several such persons, those persons may agree with the owner for the payment of the check-weigher by the owner and the deduction of all such payments from moneys payable by the owner to such persons respectively in such proportions as may be agreed on.

Such owner shall give facilities to a check-weigher, or the person entitled to appoint a check-weigher, to enable him to perform the duties of check-weigher, including facilities for examining and testing the weighing instrument and checking the taring of vehicles.

Such owner shall also, if required, provide at the place of weighing reasonable board and lodging for such check-weigher, and shall be entitled to demand a reasonable payment therefor.

(3) Every such owner who fails to provide such weighing instrument, or to observe the requirements of this section with respect thereto, or to afford proper facilities as aforesaid, shall be guilty of an offence against this Act, unless he proves that he has taken all reasonable means to carry out the requirements of this section.

39. False declaration as to weights or measures, etc. Any person who-e i) By means of words, description, or other indication, direct

or indirect, makes any false declaration or statement, or misleads any person, as to the weight, measure, or number, of any article sold or delivered by him; or

(ji) Makes any false representation (whether verbally or III

writing or otherwise howsoever) to any other person as to the weight, measure, or number, of any article delivered to or received by the firstnamed person upon sale or for the purpose of sale or in pursuance of any contract whatever; or

(iii) Sells any article by weight, measure, or number short of the quantity purporting to be sold or delivered; or

464 WEIGHTS AND MEASURES "01.20

(iv) Being the purchaser of any article purchaseJ b) weight, measure, or number where such weight, measure, or number is determined by that purchaser, makes or gives any incorrect statement (whether verbally or in writing or otherwise howsoever) of the weight, measure, or number of such article; or

(v) Makes any false statement as to the tareweight of any vehicle, or does any act by which either the seller or purchaser of any article carried on any vehicle is defrauded; or

(vi) For purposes of sale, mixes or causes or permits to be mixed or causes or permits to be retained or to remain with any article any foreign matter, or, if a proportion of foreign matter is by the regulations permitted to be retained or remain with any article, any foreign matter beyond the proportion so permitted by the regulations to be retained or to remain; or

(vii) Where the purchaser is present at the sale to him of any article for human consumption, whether in any place or from any vehicle, does not forthwith verbaJly declare to that purchaser the correct weight, measure, or number (according to how the article is sold) of the article then sold.

shall be guilty of an offence against this Act. As amended by Act of 1958, 7 Eliz. 2 No. 35, s. 5. For penalty, sec s. 44 (3).

40. Fraud in using weight or measure. Any person who-(i) By means of any unlawful or any light or incorrect or other

wise unjust weight, measure, weighing instrument, or measuring instrument; or

(ii) In using any weight, measure, weighing instrument, or measuring instrument,

defrauds or attempts to defraud, or who counsels or procures another to defraud or attempt to defraud by any of those means or in using any weight, measure, or weighing instrument or measuring instrument any person shall be guilty of an offence against this Act and for a first offence be liable to a penalty not exceeding two hundred dollars, and for a second or any subsequent offence to a penalty not exceeding four hundred dollars, and in either case the weight, measure, or instrument with respect to which the offence is alleged or appears to be committed may be seized and upon conviction of the offender shall be forfeited to His Majesty.


As to punishment, see s. 44 (7).

41. Use of certain weights and measures prohibited. (I) Any person who uses or has in his possession for trade any weight, measure, weighing instrument, or measuring instrument-

(i) Which, in the case of a weight or measure, is not of the denomination of some unit, or of some part or multiple of some unit, of measurement of a physical quantity prescribed under the Commonwealth Act;

(ii) Which is light or incorrect or otherwise unjust; or

WEIGHTS & MEASURES ACTS, 1951 TO 1')67 S~. 39-42

(iii) Which has become defective or has been mended ur repaired, until the same has been reverified pursuant to this Act,

shall be guilty of an offence against this Act and liable to a penalty not exceeding two hundred dollars, and in the case of the troy system and metric carat system, to a penalty not exceeding four hundred dollars:

Provided that a person may, in accordance with a permit issued as prescribed by regulation, temporarily use any such weight, measure, weighing instrument or measuring instrument which has been mended or repaired but not reverified.

Provided further that in any case referred to in paragraph (i) of this subsection it shall be a defence to prove that any such weight or measure was used or in possession for trade solely in connection with the exportation from, or the importation into, Queensland of articles to or, as the case may be, from a country outside Australia where units of measurement other than Commonwealth legal units of measurement are used,

(2) Any person mending or repairing a defective weight, measure, weighing instrument, or measuring instrument shall obliterate any and every existing stamp thereon and shall submit such mended or repaired weight, measure, or instrument to an inspector for reverification,

(3) Subject to the provisoes to section forty-three of this Act with such adaptations thereof as are necessary for the purposes of this subsection, any contract made by any weight, measure, weighing instrument, or measuring instrument referred to in subsection one of this section, or by any weight, measure, weighing instrument, or measuring instrument which has not been inspected and either stamped by an inspector with a certifying stamp or in respect of which no certifying certificate has been issued as required by this Act shall be wholly void.

As amended by Act of 1957, 6 Eliz. 2 No.5, s. 7; Act of 1963. No. 43, s. 9; Act of 1965, No. 36, s. 8.


As to whether there must be knowledge of falsity of the weight or measure. see Montgomery v. Ail Lucy (1896), 2 A.L.R. 207, and comments on that case in English v. Potier, [1908] V.L.R. 632, at p. 634. As to the use in good faith of an incorrect measure which has been stamped, see Whittle v. Bartlllrd (1881). 45 J.P. (Eng.) 97.

42. Offences relating to forged stamps, etc. A person shall not-(i) Falsification of standards, etc. Wilfully make false or destroy,

deface, or injure any standard weight or measure or any departmental standard or any other departmental equipment:

(ii) Forging stamps. Forge or counterfeit or cause to be forged or counterfeited or assist in forging or counterfeiting or unlawfully have in his possession any certifying certificate or any stamp used for stamping under this Act any weight, measure, weighing instrument, or measuring instrument, or, unless duly authorised under this Act, make on any weight, measure, weighing instrument, or measuring instrument any impression purporting to be the impression of any such stamp, or alter any date mark used in connection with the impression of any such stamp or remove any such stamo and insert it into any other weighing instrument or measuring instrument,

WEIGHTS AND MEASURES Vol. 20

(iii) Tampering with stamped weights, etc. In any way alter or tamper with so as to cause it to weigh or measure unjustly any weight, measure, weighing instrument, or measuring instrument which has been stamped under this Act;

(iv) Using weight with forged stamp thereon, etc. Use, sell, or dispose of any weight, measure, weighing instrument, or measuring instrument so altered or tampered with, or any weight, measure, weighing instrument, or measuring instrument having a forged or counterfeit stamp or impression thereon;

( v) Making false or unjust weights, etc. Make, sell, lease, hire, or lend, or cause to be made, sold, leased, hired, or loaned any weight, measure, weighing instrument, or measuring instrument for use for trade which is false or unjust or which is not stamped or in respect of which a certifying certificate has not been issued as required by subsection three of section seventeen of this Act; or

( vi) Increasing or diminishing stamped weights and measures. Increase or diminish any stamped weight or measure or any weight or measure in respect of which a certifying certificate has been issued, or use, sell, or dispose of any such increased or diminished weight or measure: Provided that nothing herein shall apply to any person who increases or diminishes any stamped weight or measure when he adjusts the same to standard and entirely obliterates any and every certifying stamp, if any, thereon;

(vii) Sell or dispose of any weight, measure, weighing instrument or measuring instrument represented as suitable for use for trade unless-

(a) The weight, measure, weighing instrument or measuring instrument is of a pattern or of a modified pattern in respect of which a certificate of approval issued or deemed to have been issued under this Act is for the time being in force; or

(b) Before selling or disposing of the weight, measure, weighing instrument or measuring instrument, he has handed or sent by registered post to the person to whom the weight, measure, weighing instrument or measuring instrument is or is to be sold or disposed of a notice in writing in the prescribed form to the effect that the weight, measure, weighing instrument or measuring instrument is not of a pattern or of a modified pattern in respect of which a certificate of approval issued or deemed to have been issued under this Act is for the time being in force; or

(c) The weight, measure, weighing instrument or measuring instrument is stamped with a certifying stamp or if it is exempted by the regulations from being so stamped, a certifying certificate is in force in relation thereto.

Any person guilty of an offence against this section shall be liable to a penalty not exceeding two hundred dollars, and all such weights, measures, weighing instruments, and measuring instruments and all such

WEIGHTS & MEASURES ACTS. 1951 TO 1967 5.'i.,u··o\ 4(,7

forged or counterfeited stamps may be seized and upon conviction of the offender shall be forfeited to His Majesty.

As amended by Act of 1963, No. 42, s. 10. Decimal currency reference substituted pursuant to section - of D~Limal

Currency Act of 1965.

43. Contracts made in reference to false, etc., weights, etc .• void. Any contract made in reference to any false or unjust weight, measure, weighing instrument, or measuring instrument shall be wholly void;

Savings. Provided that in any proceedings in which the validity of any such contract comes in question it shall not be held to be void if it is proved to the satisfaction of the court that the use of the false or unjust weight, measure, weighing instrument, or measuring instrument was due to a bona fide mistake or an accident or to any other cause beyond the control of the parties thereto and in spite of all reasonable precautions being taken and all due diligence exercised by them or was due to the action of a person over whom the parties had no control:

Provided further that this section shall not apply to any contract made in reference to a public weighing instrument over which the parties to the contract have no control.

PART VA--STANDARDISATION AND MARKING OF PRE-PACKED ARTICLES

43A. Exemptions. (1) Nothing in this Part applies to or in rclation to(a) an exempted article; or (b) a package that contains an exempted article only or two or

more exempted articles only. (2) Nothing in this Part with respect to the packing of an article

for sale or the marking of a package containing an article applies to or in relation to an article that is, otherwise than at the request of the purchas~r. weighed or measured before or at the time of sale and in the presence of the purchaser, or to a package containing such an article.

(3) For the purposes of subsection (2) of this section, an article shall be deemed not to be weighed or measured in the presence of the purchaser unless the instrument by which the article is weighed or measured is so constructed, placed in such a position, and so used as to enabJe the purchaser to have a clear and unobstructed view of and to see easily-

(a) the weight or measure, or indication of the weight or measure. of the article; and

(b) the operation of the weighing or measuring of the article. (4) In subsection (1) of this section, "exempted article" means an

article of any description that is wholly exempted by the regulations from the operation of this Part.

Insetted by Act of 1967, No. 54, s. 10 (1). This section came into operation on 1 Oct. 1968 (see Proc. pubd. Ind. Gaz.

28 Sep. 1968, p. 67).

43B. Name, etc., of packer to be marked on packages. ( 1) A person shall not pack an article for sale, or cause, permit, or suffer an article to be packed for sale, unless the package in which the article is contained is marked, in accordance with the regulations, with-

(a) his name and the address of the place where the article was packed, or, if the article was packed for or on behalf of another person (not being the employer of the person who packed the article). an approved brand; and


( b) if the article was packed for or on behalf of another person (not being the employer of the person who packed the article), the name and address of that other person.

(2) Where an article is packed by a person as an employee of another person (in this subsection referred to as "the employer"), the name referred to in paragraph (a) of subsection (1) of this section is the name of the employer.

(3) Where an article is packed by or for or on behalf of a corporation, or a person or persons trading under a business name (within the meaning of "The Business Names Acts, 1962 to 1965")

(a) the name referred to in paragraph (a) or paragraph (b) of subsection (1) of this section is-

(i) in the case of a corporation, the name under which the corporation is incorporated; or

(ii) in the case of a person or persons trading under a business name (within the meaning of "The Business Names Acts, 1962 to 1965,"), the business name as registered under those Acts; and

(b) the address referred to in paragraph (b) of that subsection is-

(i) in the case of a corporation, the address of its registered office in the State; or

(ii) in the case of a person or persons trading under a business name (within the meaning of "The Business Names Acts, 1962 to 1965,"), the address of the sole or principal place of business of that person or those persons in the State.

( 4) A person shall not sell a pre-packed article unless the package containing the article is marked as required by subsection (1) of this section.

Inserted by Act of 1967, No. 54, s. 10 (1 l. Act referred to:

Business Names Acts, 1962 to 1965, title MERCANTILE LAW, Vol. 12, p. 57.

This section came into operation on 1 Nov. 1969 (see Proc. pubd. Ind. Gaz. 25 Oct. 1969, p. 176.).

For exemptions, see s. 43A. Particulars of quantity are to be marked, s. 43D. For a defence, see s. 44A.

43c. Certain articles to be packed and sold only in certain denominations. ( 1) A person shall not, on or after the appointed day, pack for sale, or cause, permit, or suffer to be packed for sale, an article of any description to which this section applies except in a weight or measure of such denomination as may be prescribed in relation to articles of that description.

(2) For the purposes of subsection (1) of this section, the appointed day in relation to articles of any particular description is such day as the Minister may, by order published in the Gazette, declare to be the appointed day in relation to articles of that description.

(3) A person shall not, on or after the appointed day, sell a pre-packed article (being an article of any description to which this section applies), if the article is packed otherwise than as required by subsection ( 1) of this section.

WEIGHTS & MEASURES ACTS, 1951 TO 1967 ss.43B-43D 469

(4) If a person convicted of an offence against subsection (1) or subscction (3) of this section has previously been convicted of an offence against this section, he shall be liable to a penalty not exceeding Four hundred dollars,


(6) Nothing in subsection (3) of this section prohibits the sale, pursuant to a permit under section 43E of this Act, of an article to which the permit relates.

(7) An order made by the Minister under this section-(a) may declare different days as the appointed day for the

purposes of subsections (1) and (3), respectively, of this section; and

(h) may declare different days as the appointed day in relation to articles of different descriptions,

but a day so declared shall be a day not earlier than one year after the date of commencement of this section and not earlier than the day on which the order is published in the Gazette.

(8) This section applies to articles of such descriptions as may be prescribed.

Imcrted by Act of 1967. No. 54, s. 10 (1). This section came into operation on 1 Oct. 1968 (see Proc. pubd. Ind. Gaz.

28 Scpo 1968, p. 67). For Order under this section, see Table of Contents, p. 419, ante. For a defence. see s. 44A.

43D. Packages to be marked with particulars of the quantity of the articles contained therein. (1) A person shall not, on or after the appointed day, pack for sale, or cause, permit, or suffer to be packed for sale, an articlc of any description to which this section applies unless the package containing the article is marked, in accordance with the regulations, with a statement of the true weight or measure of the article.


(3) A person shall not, on or after the appointed day, selI a pre-packed article (being an article of any description to which this section applies), unless the package in which the article is contained is marked as required by subsection (I) of this section.

( 4) If a person convicted of an offence against subsection (1) or subsection (3; of this section has previously been convicted of an offence against this section, he shalI be liable to a penalty not exceeding Four hundred dollars.


470 WEIGHTS AND MEASURES Yolo 20

(6) Nothing in subsection (3) of this section prohibits the sale, pursuant to a permit under section 43E of this Act, of an article to which the permit relates.

(7) An order made by the Minister under this section may declare dilIerent days as the appointed day in relation to articles of ditTerent descriptions, but a day so declared shall be a day not earl !cr than one year after the date of commencement of this section and not earlier than the day on which the order is published in the Gazette.


Inserted by Act of 1967. No. 54. s. 10 (J).

This section came into operation on 1 Oct. 1968 (see Proc. pund. 1 nd. Gaz. 2H Sep. 1968, p. 67).

For Order under this section, see Table of Contents, p. 419. Wife.

See Cheadle v. Higginson (1919), 36 W.N.(N.S.W.) 58. P,l!1iculars relating to the packer are to be marked, s. 43B. As to marked quantities which are incorrect. see s. 43F. For when the marking "Net weight when packed" may appear. sec: ,. 43<;. For a defence, see s. 44A.

43E. Pennits for sale of articles that do not comply with the prescribed requirements. (1) Where, in relation to any pre-packed articles, there has been a contravention of or failure to comply with any of the provisions of this Act with respect to the packing of the articles or the marking of the packages in which the articles are contained, and the Minister is satisfied that-

(a) the articles were, when packed, intended to be exported from Australia and considers that it is just or reasonable that the sale of the articles in the State should be permitted;

(b) the articles were packed outside Australia and were brought into the State in such circumstances as, in the opinion of the Minister, render it just and reasonable that the sale of the articles in the State should be permitted; or

(c) the articles were packed within Australia and hc considers that, having regard to the date when the articles were so packed or to any other relevant circumstances, it is just and reasonable that the sale of the articles in the State should be permitted,

the Minister may, on the application of a person, grant to that person a permit authorising the sale of the articles in the State by that person.

(2) A permit under this section may be granted upon and subject to-

(a) such conditions as are specified in the permit with respect to-(i) the number of individual articles the sale of which is

authorised by the permit; (ii) the form and manner in which the weight or measure of the

articles contained in each package shall be indicated; and (iii) the weight or measure of the articles contained in each

package; and (b) such other conditions (if any) as the Minister determines

and specifies in the permit.

WEIGHTS & MEASURES ACTS, 1951 TO 1967 ss.43D-43F 471

(3) A person who sells an article the sale of which is authorised by a permit under this section to another person for the purposes of resale shall, before or at the time of the sale of the article to that other person, inform that other person in writing of the conditions specified in the permit.

( 4) A person shall not-(a) sell an article the sale of which is authorised by a permit under

this section otherwise than in accordance with the conditions specified in the permit;

( b) falsely represent that a permit has been granted under this section or that such a permit has been granted in relation to any particular article;

(c) sell any article the sale of which was authorised by a permit under this section at any time after the permit ceases to be in force, whether by reason of its cancellation or of the effiuxion of time; or

( d) being the holder of a permit under this section, purport to sell pursuant to the permit any greater number of individual articles than the number (if any) of articles to which the permit relates.

(5) unless sooner cancelled pursuant to subsection (6) of this section, a permit under this section continues in force for such period as is specified in that behalf in the permit, but may be renewed by the Minister for such further period or periods as the Minister may think fit.

(6) The Minister may, at any time, by notice in writing to the holder of a permit under this section, cancel the permit if the Minister is satisfied that it is desirable in the public interest so to do.

(7) Where a permit under this section is cancelled pursuant to subsection (6) of this section, the holder thereof shall forthwith deliver up the permit to the Chief Inspector.

Inserted by Act of 1967, No. 54, s. 10 (1). This section came into operation on 1 Oct. 1968 (see Proc. pubd. Ind. Gaz.

28 Sep. 1968, p. 67). For a defence, see s. 44A.

43F. Incorrect weight or measure of pre-packed articles. (1) Subject to this section, where the true weight or measure of a pre-packed article is less than the weight or measure of the article marked on the package containing the article the person who packed the article, or who caused, permitted, or suffered the article to be packed, is guilty of an offence against this Act.

(2) Subject to this section, a person who-(a) sells a pre-packed article the true weight or measure of which

is less than the weight or measure of the article marked on the package containing the article; or

(b) delivers or sends to a purchaser an invoice or delivery note relating to a pre-packed article sold to the purchaser which states as the weight or measure of the article a weight or measure that is greater than the true weight or measure of the article so sold,

is guilty of an offence against this Act.

472 WEIGHTS AND MEASURES \01.20

(3) If a person convicted of an offence against subsection (j) or subsection (2) of this section has previously been convicted of an ofIence against this section, he shall be liable to a penalty not exceeding Four hundred dollars.

(4) Subsection (1) of this section and paragraph (a) or subsection (2) of this section have effect in relation to any pre-packed article whether or not the package containing the article is required, by or under this Act, to be marked with a statement of the weight or measure of the article.

(5) Where a package is marked with a statement of the weight or measure of an article contained therein expressed in Commonwealth legal units of measurement related to the yard, the pound, or the gallon, and is, in addition, marked, pursuant to the regulations, with a statement of the weight or measure of its contents expressed in terms of some other unit of measurement, the true weight or measure of the artick shall, for the purposes of subsection (1) of this section, be deemed to be less than the weight or measure of the article marked on the package if that true weight or measure is less than the weight or measure specified in either of those statements.

( 6) A pre-packed article shall, for the purposes of this Act, be deemed to be of a true weight or measure equal to the weight or measure marked on the package in which the article is contained if-

(a) any deficiency of weight or measure of the article does not exceed five parts per centum of the weight or measure marked on the package or, where the article is contained in a glass bottle the stated contents of which do not exceed eight ounces or eight fluid ounces, seven and one-half parts per centum of the stated contents; and

(b) there is no average deficiency in the contents of twelve packages containing the article taken at random by an inspector or, where there are less than twelve such packages available, in the contents of all the available packages, being not fewer than six.

(7) In proceedings in respect of an offence against subsection (2) of this section, it is a defence for the person charged to prove-

(a) that-(i) the person from whom he purchased the article or who

packed the article furnished him with a written guarantee that the weight or measure of the article marked on the package containing the article was correct; and

(ii) he sold or delivered the article in the same state as it was when delivered to him; or

(b) that-(i) he purchased the article in a package that was marked as

required by section 43B and by section 430 of this Act;

(ii) he sold or delivered the article in the same state as it was when delivered to him; and

WEIGHTS & MEASURES ACTS, 1951 TO 1967 ss.43F,43G 473

(iii) the person who packed the article or the agent of that person or of the manufacturer of the article, from which agent the person charged purchased the article, is resident in the State,

but the marking on the puckage of the weigilt or measure of the article contained therein constitutes a warranty by the person who packed the article or, as the case requires, by that agent that the true weight or measure of the article is as marked on the package.

(8) \Vhere the true weight or measure of an article contained III

such a package as is referred to in subparagraph (i) of paragraph (b) of subsection (7) of this section is found by an inspector to be less than the weight or measure marked on the package containing the article, any person who appears from the marking on the package to have packed the article Cf, if that person is not resident in the State, the agent referred to in that subsection-

(a) shall be deemed to have sold the article to the inspector on the day when, and at the place where, the inspector weighed or measured the article or caused it to be weighed or measured; and

(b) is liable to the same penalty as if he had actually sold the article to the inspector on that day and at that place.

(9) A person who gives such a guarantee as is referred to in paragraph (a) of subsection (7) of this section that is false or misleading in a material particular is guilty of an offence against this Act and shall be liable to a pe:1alty not exceeding Four hundred dollars.

(10) In proceedings against a person in respect of an offence against subsection (9) of this section, it is a defence for the person charged to prove that any discrepancy between the true weight or measure of the article to which the proceedings relate and the weight or measure of the article as stated in the guarantee-

(a) arose after the giving of the guarantee and was attributable wholly to factors for which reasonable allowance was made in stating the weight or measure of the article; or

I. b) is due to the act or default of some other person after the article had passed from the control of the person charged.

( I J) Subsections (7) and (10) of this section do not apply unless the person charged has, not less than two days before the date set down for the hearing of the proceedings, notified the complainant that he intends to avail himself of the protection of subsection (7) or, as the case may be, subsection (10) of this section, giving the reasons relied on for claiming that protection.

Inse!1ed by Act of 1967, No. 54. s. 10 (I).

This section came into operation on J Oct. 1968 (see Proc. pubd. Ind. Gaz. 28 Sep. 1968. p. 67).

Sec s. 43D. For a defence, see s. 44A.

43G. Articles that may be marked "Net weight when packed". (1) Where an article of any description to which this section applies (being a pre-packed article) is of such a nature and is so packed that the weight of


the article is or is likely, by reason of climatic conditions or evaporation, to be subject to variation after the packing of the article, the regulations may prescribe that packages containing articles of that description may be marked, in the prescribed form and manner, with the words "Net weight when packed" or words to the like effect.

(2) The regulations may provide that a package containing an article of a specified kind (in this section referred to as "a specified article"), being an article of a description to which this section applies, may, in lieu of being marked with the words referred to in subsection (1) of this section, be marked with such other words as may be prescribed (in this section referred to as "the alternative words").

(3) A person shall not pack for sale, or cause, permit. or suffer to be packed for sale-

(a) an article of any description to which this section applies in a package marked with a statement of the weight of the article together with the words "Net weight when packed" or words to the like effect; or

(b) a specified article in a package marked with a statement of the weight of the article together with the alternative words,

unless the true weight of the article is, at the time when the article IS

packed and at all times thereafter during the day on which the article IS

packed, equal to or greater than the weight marked on the package.

(4) A person shall not mark, or cause, permit, or suffer to be marked-

(a) the words "Net weight when packed" or words to the like effect on a package containing any article other than an article to which this section applies; or

(b) the alternative words on a package containing any article other than a specified article.

(5) If a person convicted of an offence against subsection (3) or subsection (4) of this section has previously been convicted of an offence against this section, he shall be liable to a penalty not exceeding Four hundred dollars.

(6) For the purposes of this section, but subject to subsection (7) of this section, an article of any description to which this section applies contained in a package marked pursuant to this section with the words "Net weight when packed" or words to the like effect or, in the case of a specified article, with the alternative words, shall be deemed to have been, at the time when the article was packed and at all times thereafter during the day on which the article was packed, of a true weight equal to the weight marked on the package if-

(a) any deficiency of weight of the article does not excced five parts per centum of the weight marked on the package; and

(b) there is no average deficiency in the contents of twelve packages containing the article taken at random by an inspector or, where there are less than twelve such packages available, in the contents of all the available packages. being not fewer than six.

WEIGHTS & MEASURES ACTS, 1951 TO 1967 SS. 43G, 43H 475

(7) Notwithstanding anything in subsection (6) of section 43F of this Act or in subsection (6) of this section, where-

(a) an article is contained in a package marked, pursuant to this section, with the words "Net weight when packed" or words to the like effect or, in the case of a specified article, with the alternative words;

(h) the article is declared by the regulations to be an article to which this subsection applies; and

(c) at any time subsequent to the day when the article was packed-

(i) there is a deficiency of weight of the article exceeding such number of parts per centum (being greater than five parts per centum) of the weight marked on the package as may be prescribed for the purposes of this subsection in relation to that article; or

(ii) there is an average deficiency exceeding such number of parts per centum of the weight marked on the package as may be prescribed as the permissible average deficiency for the purposes of this subsection in relation to that article in the contents of twelve packages containing the article taken at random by an inspector or, where there are less than twelve such packages available, in the contents of all the available packages, being not fewer than six,

the article shall, for the purposes of this section, be deemed not to have been, at the time when the article was packed and at all times thereafter during the day on which the article was packed, of a true weight equal to the weight marked on the package.

(8) The regulations may require that, in addition to any other particulars required by or under this Act to be marked on the package containing an article to which subsection (7) of this section applies, the package shall be marked with the date when the article was packed or with an approved brand indicating that date.


Inserted by Act of 1967, No. 54, s. 10 (1). This section came into operation on 1 Nov. 1968 (see Proc. pubd. Ind. Gaz.

28 Sep. 1968, p. 67). See s. 43D.

43H. Prohibition and restriction of use of certain expressions on packages. ( 1) Subject to this section, if a prohibited expression or a restricted expression is marked on a package containing a pre-packed article, the person who packed the article, or who caused, permitted, or suffered the article to be packed, is guilty of an offence against this Act.

(2) If a person convicted of an offence against subsection (1) of this section has previously been convicted of an offence against this section, he shall be liable to a penalty not exceeding Four hundred dollars.

(3) Subject to this section, a person who sells a pre-packed article contained in a package on which a prohibited expression or a restricted exprcssio;) ;s marked is guilty of an offence against this Act.


(4) The provisions of subsections (1) and (3) of this sectiDn do not apply to or in relation to an article contained in a package on which a restricted expression is marked if, in addition to that expression-

(a) there is marked on every part of the package on which the restricted expression is marked such a statement as to the weight or measure of the article contained in the package as is referred to in subsection (1) of section 430 of this Act, whether or not the article is an article of a description to which that section applies;

(b) the restricted expression and that statement are so placed and so marked that both may be seen clearly at the same time; and

(c) each of the letters or figures contained in that statement(i) is of a size not less than the minimum size of print

prescribed by the regulations in relation to the dimension of the package;

(ii) is of a size not less than one-third of the size of the largest letter or figure contained in the restricted expression; and

(iii) is marked in a colour of a distinct contrast to the colour of its background.

(5) In this section-"prohibited expression" means any expression (whether consisting

of a single word or of more words than one and whether in an abbreviated form or not) that directly or indirectly relates to or qualifies a unit of measurement of a physical quantity and, without prejudice to the generality of the foregoing, includes any expression declared by the regulations to be a prohibited expression for the purposes of this section;

"restricted expression" means any expression not being a prohibited expression (and whether consisting of a single word or of more words than one or of any word or words in combination with any figure or figures and whether in an abbreviated form or not) that directly or indirectly relates to the size of the package containing the article (not being such a statement as to the weight or measure of the article as is required by subsection (1) of section 430 of this Act) and, without prejudice to the generality of the foregoing, includes any expression that is declared by the regulations to he a restricted expression for the purposes of this secti'.1n.

Inserted by Act of 1967. No. 54, s. 10 (J). This section came into operation on 1 No\,. 196~ (,ee Pr(lc. p,:\~J. Ind. Gaz.

2X Sep. 1968. p. 67). For a defence, see s. 44A.

431. Certificate of incorrect guarantee or warranty. (1) Where a person is charged with an ofIence against subsection (2) of section 43F of this Act and the court before which the proceedings are brought is satisfied that-

(a) the article to which the alleged ofIence relates W,IS packed by a person other than the defendant;

WEIGHTS & MEASURES ACTS, 1951 TO 1967 ss.43H·43J 477

(b) the defendant was furnished with such a guarantee as is referred to in paragraph (a) of subsection (7) of section 43F of this Act, or the marking on the package containing the article constitutes a warranty pursuant to that subsection;

(c) the defendant sold or delivered the article in the same state as it was when delivered to him; and

(d) the guarantee or warranty, as the case may be, was false or misleading in a material particular,

the court may, on the application of the complainant, grant a certificate as to its findings.

(2) In proceedings in respect of an offence against subsection (I), (2), (8), or (9) of section 43F of this Act, a certificate purporting to have been granted under subsection (I) of this section is evidence of the matters stated therein.

Inserted by Act of 1967, No. 54, s. 10 (l). This section came into operation on 1 Oct. 1968 (see Proc. pube!. Ind. Gaz.

28 Sep. 1968, p. 67).

43J. Approval of brands. ( 1) On the application of a person whose business is or includes the packing of articles for sale, the Chief Inspector may approve in writing of a brand for use by that person for the purpose of marking on packages-

(a) the name and address referred to in paragraph (a) of subsection (1) of section 43B of this Act; or

(b) where the regulations so require, the dates when the articles contained in the packages were packed,

and a package on which such a brand is marked in accordance with the approval shall, for the purposes of this Act, be deemed to be marked with the name and address referred to in paragraph (a) of subsection (1) of section 43B of this Act, or, as the case requires, with the date when the article contained therein was packed.

(2) An approval under subsection (1) of this section maybe gran ted subject to such conditions (if any) as the Chief Inspector determines and specifies in the approval, and may be cancelled by the Chief Inspector at any time by notice in writing to the person to whom the approval was granted.

(3) A person to whom an approval under subsection (1) of this section has been granted subject to conditions shall not mark a package containing an article, or cause, permit, or suffer such a package to be marked, with the brand specified in the approval otherwise than in compliance in all respects with those conditions.

(4) Where an approval has been granted to a person under suhsection (1) of this section of a brand for use by that person for the purposes of marking on packages the name and address referred to in paragraph (a) of that subsection, no person other than the person to whom that approval was granted or a person having his authority so to do shall mark a package containing an article with the brand specified in the approval or with any other brand so closely resembling the brand specified in the approval as to be likely to lead to the belief that it is the brand specified in the approval.

Inserted by Act of 1967, No. 54, s. 10 (1).

47X WEIGHTS AND MEASURES Vol. 20

Section 10 (2) of Act of 1967, No. 54, provides:-.. (2) Notwithstanding the provisions of the Principal Act relating to-

(i) the denominations of weight or measure in which an article of any description to which section 43c of the Principal Act, as inserted by subsection (1) of this section, will, upon the commencement of the said section 43c, apply may be packed for sale; or

(ii) the marking of a package containing an article of any description to which section 43D of the Principal Act, as inserted by subsection (1) of this section, will, upon the commencement of the said section 43D, apply with a statement of the true weight or measure of the article.

on amI after the passing of this Act a person may pack for sale, or cause, permit. or suffer to be packed for sale, or sell-

(iii) an article referred to in paragraph (i) of this subsection in any denomination of weight or measure prescribed for the purposes of the said section 43c; or

(iv) an article referred to in paragraph (ii) of this subsection contained in a package marked as prescribed for the purposes of the said section 43D."

Thi' ,e,tinn came into operation on 1 Nov. 1969 (see Proc. pubd. Ind. Gaz. 25 Oct. 1<)69. p. 176).

PART VI-GENERAL

-14. Offences. (1) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act.

(2) Where by this Act any authority is given to any person to Jirect anything to be done or to forbid anything to be done and anything so directed to be done is not done or anything so forbidden to be done is done, every person who offends against any such direction or prohibition shall be guilty of an offence against this Act.

(3) General penalty. Any person guilty of an offence against any provision of this Act shall be liable, if no specific penalty is provided for that offence. to a penalty not exceeding two hundred dollars.

( 4) Summary proceedings. All offences against this Act may be prosecuted and all amounts of fees, charges, and expenses payable under this Act and not paid may be recovered in a summary under "The Justices Acts. 1868 to 1949," on complaint by the Chief Inspector or by any person authorised by the Chief Inspector.

(4A) The summons in any such proceeding in which an analyst's certificate is used shall not be made returnable in less than seven days from the day on which it is served.

(4B) There shall be served with the summons a copy of the analysfs certificate (if any) obtained on behalf of the prosecution.

The enJorsement of the analyst's certificate with an oath of service shall be prima facie evidence of the service of such copy.

( 5) Time for commencement of prosecutions. A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within twelve months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.

(6) Power of court to make order without application therefor. In Jny proceedings on a complaint any order which the court is empowered

WEIGHTS & MEASURES ACTS, 1951 TO 1967 SS, 43.1, 44 479

to make may be made without an application or complaint being made in respect thereof, notwithstanding anything to the contrary in this or any other Act.

(7) Liability to imprisonment in case of fraud. Where a person is convicted of any offence agai.'lst this Act and the court by which be is convicted is of opinion that such offence was committed with intent to defraud, he shall be liable, in addition to or in lieu of any penalty, to be imprisoned for any term not exceeding six months.

(8) Compensation on conviction. Where a person is convicted of an offence against this Act, the court by which he is convicted may order such payment as it thinks fit as compensation for loss of time or expense incurred in consequence of the offence or in connection with proceedings taken in relation thereto, or by way of recoupment of any loss suffered by any person who, in the opinion of the court, was defrauded or suffered pecuniary loss by reason of the commission of the offence.

Provided that all fees and other expenses incident to the analysis of any bread in respect of which the conviction is obtained, shall he deemed to be an expense incurred in connection with the proceedings to secure the conviction.

(9) Limitation as to penalty for second and subsequent offence. Where liability for an increased penalty is prescribed for a second or subsequent offence against a provision or section of this Act, then in determining that liability offences committed more than five years before the date of the commission of the second or subsequent offence in question shall not be taken into account:

Provided that in the case of such a section all offences committed within the aforesaid period of five years, whether against the same or different provisions of that section, shall be taken into account.

(10) Recovery of fees, etc., from bodies corporate. Proceedings against any corporation, instrumentality, or authority for the recovery of any fees, charges or expenses under this Act may be taken against any person who is a director or member of the governing authority of the corporation, instrumentality, or authority, or an officer concerned in the management of the corporation, instrumentality, or authority, and that person shall be personally liable in those proceedings for the fees, charges. or expenses in question.

(11) (a) Notwithstanding scction seven or twenty-three of "The Criminal Code," or any other Act or law, or any rule or practice of law, where any person commits an offence against this Act as an agent or employee, the principal or employer of such person shall be deemed to have taken part in committing the offence, and to be guilty of the offence, and may be charged with actually committing it.

It shall be immaterial that the offence was committed without the authority or contrary to the instructions of the principal or employer but it shall be a defence for the principal or employer to prove that he had no knowledge of the commission of the offence and could not by the exercise of due diligence have known of its commission.

(b) This section applies so as not to prejudice any liability imposed under this Act upon any person by whom any offence against this Act is actually committed.

4~O WEIGHTS AND MEASURES Vol. 20

(c) The principal or employer may be proceeded against and convicted pursuant to paragraph (a) of this subsection notwithstanding that the agent or employee has not been proceeded against or has not bcen convicted under this Act.

( 12) Offences by bodies corporate. Where a corporation, instrumentality, or authority is convicted of an offence against this Act, every person who at the time of the commission of the offence was a director cr member of the governing authority of the corporation, instrumentality, or authority, or an of1icer concerned in the management of the corporation, instrumentality, or authority, is guilty of the like offence unless be proves that he had no knowledge of the commission of the oJTence and could not, by the exercise of due diligence, have prevented the commission of the offence, and any such person may, on the request of the complainant, be convicted on the proceedings on which the corporation, instrumentality, or authority is convicted if the court is satisfied that the person had reasonable notice that the complainant intended to make that request.

( 13 ) Taking of Proceedings. Where it appears to the Chief Inspector that an ofTence against this Act has been committed by a person and the Chief Inspector is of the opinion that the offence was due to an act or default of some other person and that the first-mentioned person could establish a defence under this Act applicable to the offence, the Chief Inspector may take or authorise the taking of proceedings against that other person without first taking or authorising the taking of proceedings against the first-mentioned person, and in any such proceedings that other person may be charged with and, on proof that the commission of the offence was due to his act or default, be convicted of, the offence with which the first-mentioned person might have been charged, and in any proceedings against that other person the firstmentioned person is a competent and compellable witness.

As amended by Act of 1957, 6 Eliz. 2 No.5, s. 8; Act of 1963, No. 42, s. 11; .\ct (If 1965. No. 36, s. 9; Act of 1967, No. 54, s. 11.

Dc~;mal currency references substituted pursuant to section 7 of Decimal C,IITency Act of 1965.

Act, referred to: Justice, Acts, 1886 to 1968, title JUSTICES, Vol. 8, p. 105. C:iminal Code, title CRIMINAL LAW, Vol. 3, p. 199.

Evidence of the custom of a trade may be given on the question of fraud, "in,!! v. Spf!lIcer (1904), 91 L.T. 470.

As to fraud. see, for example, "S. 40. For certain defences. see s. 44A . . <\'i to forfeiture of weighing instruments, see s. 47. A'i to ,crvice of notices, see s. 49. Fo:- matters facilitating proof, see 55. 52, 53, 53A.

44A. Defences. ( I) In proceedings in respect of an offence against section 43B of this Act, it is a defence for the person charged to prove that the article to which the proceedings relate was packed on any premises for sale on those premises to a person for the purpose of consumption or use and not for the purpose of re-sale.

(2) In proceedings in respect of an offence against subsection (1) of section 43c, or subsection (1) of section 43D, of this Act, it is a defence for the person charged to prove that the article to which the

WEIGHTS & MEASURES ACTS, 1951 TO 1967 ss. 44, 44A 481

proceedings relate was packed for export from Australia and that the marking on the package containing the article clearly so indicated.

(3) In proceedings in respect of an offence against subsection (1) of section thirty-five, subsection (4) of section 43B, subsection (3) of section 43c, subsection (3) of section 43D, paragraph (a) of subsection (4) of section 43E, subsection (2) of section 43F, or subsection (3) of section 43H, of this Act, in reiatioll to a pre-packed article, it is a defence for the person charged to prove-

(a) that the commission of the offence was due to a cause or to causes beyond his control;

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence in respect of the article to which the proceedings relate; and

( c) that he purchased the article from another person and sold or delivered it in the same state as it was when delivered to him.

( 4) A cause beyond the control of a person charged with an offence against subsection (1) of section thirty-five, subsection (4) of section 43B, subsection (3) of section 43c, subsection (3) of section 43D, paragraph (a) of subsection (4) of section 43 E, subsection (2) of section 43 F, or subsection (3) of section 43H, of this Act, is not a defence under subsection (3) of this section if the court before which the proceedings are brought is of the opinion that the cause was one that the person charged could reasonably have foreseen or for which he could reasonably have made allowance.

(5) In proceedings against a person who packed an article, or who caused, permitted, or suffered an article to be packed, in respect of an offence against subsection (1) of section thirty-five, or subsection (1) or subsection (2) of section 43F of this Act, being an offence in relation to an alleged deficiency in the true weight or measure of the article, it is a defence for the person charged to prove--

( a ) that the deficiency arose after the packing of the article and the marking of the package and was attributable wholly to factors for which reasonable allowance was made in stating the weight or measure of the article; or

(b) that-(i) the commission of the offence was due to a cause or to

causes beyond his control; and (ii) he took all reasonable precautions and exercised all due

diligence to avoid the commission of the offence in respect of the article to which the offence relates,

but a cause beyond the control of the person charged is not a defence under paragraph (b) of this subsection if the court before which the proceedings are brought is of the opinion that the cause was one that the person charged could reasonably have foreseen or for which he could reasonably have made allowance.

( 6) Subsections (3) and (5) of this section do not apply unless the person charged has, not less than two days before the date set down for the hearing of the proceedings, notified the complainant that he intends to avail himself of the protection of this section, giving the reasons relied on for claiming that protection.

Inserted by Act of 1967, No. 54, s. 12.

16


45. Fees, etc., to be also recoverable by action as for a debt. Any amount of fees, charges, or expenses payable under this Act and not paid shall be recoverable by the Chief Inspector or by a person authorised by the Chief Inspector by action (in his official name, or, as the case may be, in the name of that authorised person), as for a debt in any court of competent jurisdiction.

The remedies for the recovery of amounts of fees, charges, or expenses payable under this Act and not paid provided by this section and by section forty-four of this Act shall be alternative and neither such remedy shall prejudice or otherwise affect the other excepting that resort shall not be had to both those remedies in respect of anyone and the same amount of fees, charges, or expenses.

46. .Jurisdiction in proceedings for the recovery of fees, etc. Proceedings in a summary way under "The Justices Acts, 1886 to 1949," or by way of an action as for a debt as prescribed by this Act to recover the amount of any fees, charges, or expenses payable under this Act and not paid may be taken, heard and determined by a court of petty sessions at Brisbane or within the petty sessions district within or within twenty miles of the boundaries whereof the inspection or other service with respect to which that amount became so payable was made or rendered or, in the case of an action as aforesaid, before a court competent to hear and determine such an action either at Brisbane or in respect of the place where the inspection or other service with respect to which that amount became payable was made or rendered.

Court of petty sessions, petty sessions district-Now Magistrates Court and Magistrates Court district: see Justices Acts Amendment Act of 1964. s. 2. title JUSTICES, Vol. 8, p. 249.

Act referred to: Justices Acts, 1886 to 1968, title JUSTICES, Vol. 8, p. 105.

As to recovery of fees, see s. 45.

47. (1) Forfeiture of weighing instruments, etc. Unless otherwise expressly provided, any weights, measures, weighing instruments, or measuring instruments, or articles in connection with which any offence against this Act is committed may, on conviction of any person guilty of the offence, be forfeited to His Majesty by order of the court and such forfeiture, in the case of articles and where applicable, may extend to the whole of any similar articles found on the defendant's premises or in his possession at the time the offence was committed.

(2) Disposal of forfeited weighing instruments, etc. All weights, measures, weighing instruments, measuring instruments (or any parts thereof), and articles forfeited to His Majesty under this Act shall be dealt with or disposed of as the Chief Inspector may direct.

(3) Detention of weighing instruments, etc., seized. Unless otherwise indicated or provided, any weights, measures, weighing instruments, measuring instruments, or any parts thereof, or any articles seized under this Act may, unless it is sooner established to the satisfaction of the Chief Inspector that at the time of such seizure no offence in relation thereto had been committed against this Act, be detained for a period of twelve months, or, if within that period proceedings for an offence against this Act in relation thereto or proceedings for any offence in

WEiGHTS & MEASURES ACTS, 1951 TO 1967 88.45-52 483

which such weights, measures, weighing instruments, measuring instruments, parts, or articles are or can properly be adduced in evidence, have been instituted, until the final determination of these proceedings, including any appeal in the matter of those proceedings.

As to offences. see s. 44.

48. Penalties, etc., payable to Consolidated Revenue. Unless otherwise indicated or provided, all penalties, costs, fees, charges, and expenses recovered under this Act shall be paid into and become part of the Consolidated Revenue Fund of Queensland.

49. Service of notices, etc. ( 1) Unless otherwise expressly provided, a notice, order or other document empowered, authorised or required by a provision of this Act to be served upon, or given or delivered to any person by the Chief Inspector or any other inspector may be so given, delivered or served-

(i) By delivering the same to that person (or his manager, servant, or agent) personally;

(ii) By 'prepaid post letter containing that notice, order or other document and addressed to that person at his business or residential address, in which case it shall be deemed to be so served, given or delivered upon the receipt by that person of that letter; or

(iii) By prepaid registered letter containing that notice, order or other document and addressed as aforesaid, in which case the production in evidence of the proper receipt from a post office for that letter shall, until the contrary is proved, be sufficient proof that it was so served, given or delivered upon the date when that letter would have been received by the person concerned in the ordinary course of post.

Either the original or a duplicate copy of any such document may be so given, delivered, or served.

(2) A person or his manager, servant, or agent shall, if thereunto required by an inspector, acknowledge any notice, order or other document given, delivered, or served under this Act, by signing the original or, as the case may be, duplicate copy retained by the inspector.

As to posting, see also Acts Interpretation Act 1954-1971, s. 39, and notes thereto, title ACTS OF PARLIAMENT, Vol. 1, p. 100.

50. Saving of remedies. No proceeding or conviction for any offence against this Act shall affect any civil right or remedy to which any person aggrieved by the offence may be entitled.

51. Judicial notice of notifications, etc. Judicial notice shall be taken of every notification or proclamation published in the Gazette under this Act.

52. Evidence as to possession of weighing iRstruments, etc. ( 1 ) When any weight, measure, weighing instrument, or measuring instrument is found in the possession of any person carrying on trade, or in or on any place or vehicle which is used by any person for trade, such person shall be deemed for the purposes of this Act to use or have such weight, measure, or instrument in his possession for trade.


(2) When any article is found in or on any place or vehicle which is used by any person for trade, that article shall, until the contrary is proved, be deemed for the purposes of this Act to be exposed for sale or kept or had in possession for sale.

(3) [Repealed.] As amended by Act of 1965, No. 36, s. 10.

53. Facilitation of proof. ( 1 ) In a proceeding under or for a purpose of this Act-

(i) It shall not be necessary to prove the appointment of the Chief Inspector or of any other inspector;

(ii) A signature purporting to be that of the Chief Inspector or of any other inspector shall be taken to be the signature it purports to be until the contrary is proved;

(iii) It shall not be necessary to prove the limits of any district or part of a district or that any place or locality is within a district or part thereof, or the authority of the Chief Inspector or any other inspector to do any act or to issue any order or to give any direction or notice or to make any request or to take any proceeding, but this shall not prejudice the right of any defendant to prove the limits of the district or part of a district or the extent of such authority;

(iv) It shall not be necessary to prove that any standard weight or measure or any departmental standard, stamp, or other departmental equipment was or is deposited, supplied, kept, stamped, verified, reverified, inspected, or used under or for the purposes of this Act or is such standard, or departmental standard, stamp, or other departmental equipment;

(v) In respect of any weight, measure, weighing instrument, or measuring instrument the allegation or averment in the complaint that the weight, measure, weighing instrument, or measuring instrument has or has not been duly inspected, examined, tested, verified, reverified, adjusted, or stamped under this Act or has or has not been duly inspected and stamped with a certifying stamp or in respect of which no certifying certificate has been issued under and as required by this Act shall be evidence of the matter or matters so alleged or averred and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;

(vi) A document purporting to be either an original or duplicate copy of an order, or a certificate, direction, or notice, issued or given under this Act by the Chief Inspector or by any other inspector shall, upon its production in evidence, be evidence of that order, certificate, direction, or notice, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of that order, certificate, direction, or notice;

(vii) A document purporting to be signed by an inspector and certifying that the amount specified therein is payable under this Act in respect of fees, charges, or expenses and has not been paid by a specified person, and, if so stated, that

(viii)

WEIGHTS & MEASURES ACTS, 1951 TO 1967 SS. 52, 53 485

such fees, charges, or expenses are in respect of any inspection made or service rendered under this Act, shall, upon its production in evidence, be evidence of the matter or matters certified to therein and of the making of the inspection or the rendering of the service, if any, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;

A document purporting to be signed by an inspector and certifying that a specified weight, measure, weighing instrument, or measuring instrument was inspected by him on a specified date and the findings of his inspection, or certifying that a specified article was weighed, measured, or counted by him on a specified date and was found to be of a weight, measure, or number therein stated, or certifying that the net contents of a specified vessel, container, or other receptacle were measured by him on a specified date and were found to be of a measure therein stated, shall, upon its production in evidence, be evidence of the matter or matters certified to therein and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matV:rs.

(2) In proceedings in respect of an offence against this Act in relation to a pre-packed article-

(a) the marking on the package in which the article is contained indicating the name of the person who packed the article is evidence that the article was packed by that person;

(b) the marking on the package in which the article is contained indicating the Game and address of a person for or on whose behalf the article was packed is evidence that the article was packed for or on behalf of that person;

(c) the marking on the package in which the article is contained indicating the place where the article was packed is evidence that the article was packed at that place;

(d) the marking on the package in which the article is contained indicating the date when the article was packed is evidence that the article was packed on that date;

(e) a document purporting to be certified by the Chief Inspector to be a copy of a permit granted by the Minister under section 43£ of this Act is evidence of the grant of the permit and of the conditions (if any) specified in the permit;

(f) a certificate purporting to be signed by the Chief Inspector and stating-

(i) that a permit granted by the Minister under subsection (1) of section 43£ of this Act has been cancelled;

(ii) that a permit cancelled under subsection (6) of section 43£ of this Act has not been delivered up to him;

(iii) that an approval granted by him under subsection (1) of section 43J of this Act has been cancelled,

is evidence of the matters stated in the certificate; and

4K6 WEIGHTS AND MEASURES Vol. 20

(g) a document purporting to be certified by the Chief Inspector to be a copy of an approval granted by him under section 43J of this Act of a brand for use by a person for the purpose of marking on packages-

(i) the name and address required by paragraph (a) of subsection (1) of section 438 of this Act to be marked on packages; or

(ii) the date when the articles contained therein were packed, is evidence of the approval and of the conditions (if any) subject to which the approval was granted, and the fact that such a brand is marked on a package containing an article is evidence that-

(iii) the article was packed by the person to whom the approval was granted and at the place the address of which is specified in the approval as the address indicated by the brand; or

(iv) the article was packed on the date indicated by that brand, as the case requires.

As amended by Act of 1967, No. 54, s. 13. For what falls within the word "averment", see Adelaide Steamship Co. v. R

(1912), 15 CL.R. 65, affirmed [1913] A.C. 781; Schiffman v. Whitton (1916), 22 CL.R. 146. As to the effect of the provision that an averment shall constitute evidence, see also Symons v. Schiffman (1915),20 C.L.R. 277; R. v. Hush (1932), 48 CL.R. 487; Downie v. Newtoll (1917), 13 Tas. L.R. 22.

As to the Chief Inspector and inspectors, see ss. 15 et seq.

53A. (1) A document purporting to be signed by an inspector and certifying that a specified weight, measure, weighing instrument or measuring instrument was inspected by him on a specified date and the i

findings of his inspection, or certifying that a specified article was weighed, measured or counted by him on a specified date and was found to be of a weight, measure or number therein stated, or certifying that the net contents of a specified vessel, container or other receptacle were measured by him on a specified date and were found to be of a measure therein stated, shaH, upon its production in evidence in any proceeding whatsoever, be evidence of the matter or matters certified to therein and in the absence of evidence in rebuttal thereof shaH be conclusive evidence of such matter or matters.

(2) Where in any proceeding whatsoever any weight, measure, weighing instrument or measuring instrument produced in evidence is stamped with a stamp purporting to be a certifying stamp, that stamp shall be evidence that the weight, measure, weighing instrument or measuring instrument has been found upon inspection to be in accordance in every respect with the requirements of this Act and in the absence of evidence in rebuttal thereof shall be conclusive such evidence.

(3) A certificate, purporting to be a certifying certificate and certifying that a specified weight, measure, weighing instrument or measuring instrument has been found upon inspection to be in accordance in every respect with the requirements of this Act shall, upon its production in evidelice in any proceeding whatsoever, be evidence of the matter or matters certified to therein and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters.

Inserted by Act of 1958, 7 Eliz. 2 No. 35, s. 6. As to inspectors, see ss. 15 et seq.


54. (1) True and correct measures of capacity to be stamped on milk bottles, etc. A person shall not manufacture or sell for use for containing milk or any other article, any bottle or other package stamped with a measure of the capacity which is not the true and correct measure of the capacity of that bottle or other package.

In and for the purposes of this subsection "true and correct measure of the capacity" shall, in addition to the ordinary meaning thereof, mean, unless otherwise prescribed, a measure of capacity corresponding with a standard measure prescribed by this Act, or of some multiple or part thereof.

(2) Power to make regulations in respect of packages for prescribed articles, etc. The Governor in Council may from time to time make regulations for or in respect of all or any of the following purposes, matters, and things:-

(i) Prescribing standard specifications of capacity for or in relation to packages used in the packing or sale of prescribed articles, prescribing distinctive marks for packages made to those specifications, and providing that any such articles, when packed, shall be sold only in prescribed packages made to those specifications and bearing the prescribed distinctive marks;

(ii) Providing that manufacturers of any such packages shall only operate under licenses issued under this Act;

(iii) Providing for the withdrawal of the license from any such manufacturer failing to produce packages to the standard specifications;

(iv) Empowering inspectors to carry out from time to time tests including sample tests on all packages used or intended to be used in the sale of any such prescribed article; and

(v) Prescribing all or any other matters and things deemed necessary or desirable for the protection of the public in all contracts in respect of such pre-packed articles or that may be necessary or expedient to carry out the objects and purposes of this section.

The provisions of this subsection may apply III respect of milk, cream, fruit juices, or other prescribed articles.

A, amended by Act of 1967, No. 54, s. 14.

55. Regulations. ( 1) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.

Without limiting the generality of the foregoing provisions of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things-

(i) Appointments. Prescribing the qualifications of inspectors appointed under this Act and requiring that before appointment they shall give by examination or otherwise satisfactory evidence of their competency;


(ii) Duties of officers. Prescribing, regulating and controlling the powers and duties of the Chief Inspector, other inspectors and other officers;

(iii) Care and verification, etc., of standards. Prescribing, regulating and controlling the supply, custody, care, verification and reverification of standard weights and measures and of departmental standards and departmental equipment, the stamping of departmental standards, the periodical inspection of departmental standards and departmental equipment, and the certification of such verification, reverification or inspection; providing that a departmental standard of a particular denomination that was found upon verification or reverification not to be greater or less than that denomination by an amount exceeding an amount specified, shall, unless otherwise stated in the certificate issued in respect of the verification or reverification of that departmental standard, be deemed to be of a value equal to its denomination;

(iv) Inspection of weights, measures, etc. Regulating and controlling the inspecting, examining, testing, verification, reverification, comparison, adjusting, repairing, and stamping of weights, measures, weighing instruments, and measuring instruments for the purposes of this Act, and without limiting the generality thereof, prescribing any method or methods by which or the manner in and the means by which and the p~rsons by whom all or any of those things shall or shall not be done, prescribing stamps including certifying stamps and rejection stamps for the purposes of this Act, prescribing the circumstances and conditions under which and the manner in which and the persons by whom stamps may be obliterated or defaced, and providing for the qualification and registration or licensing of repairers and adjusters of weights, measures, weighing instruments, and measuring instruments, and the supervision and control of repairers and adjusters of weights, measures, weighing instruments, and measuring instruments including the prohibition of the use of the designation of repairer or adjuster of such weights, measures, or instruments or any like designation by persons not so registered or licensed;

(v) Limit of error. Prescribing the limitation of error which may I

be permitted or tolerated in any weights, measures, weighing instruments, or measuring instruments;

(vi) Regulating and controlling weights and measures, etc. Prescribing, regulating, and controlling weights, measures, weighing instruments, and measuring instruments, including, but without limit to the generality thereof-

(a) The class or type thereof; (b) The shape, dimensions, and proportions thereof, and the

materials of which they shall be made; (c) The imposition of conditions respecting the placing, erec

tion, and protection of the same; (d) Prescribing or restricting the use of a unit of measurement

of a physical quantity, or a weight, measure, weighing instrument or measuring instrument, either generally or in


respect of particular transactions or in respect of transactions included in a particular class of transactions; providing that particular transactions, or the transactions included in a particular class of transactions, shall be made or entered into in terms of a particular unit of measurement of a physical quantity; prescribing the classes or types of weights, measures, weighing instruments or measuring instruments to be used in particular transactions or in transactions included in a particular class of transactions;

( e) Prohibiting the use of any particular classes or types of weights, measures, weighing instruments, or measuring instruments either wholly or except on compliance with the conditions prescribed;

(f) Prescribing the classes or types of weights to be used on prescribed classes or types of weighing instruments; and

(g) Prescribing the manner of the marking on weights and measures of their several denominations, and on weighing instruments and measuring instruments of their capacities and other markings;

(vii) Weighbridges. Providing for, regulating and controlling weighing instruments and measuring instruments made available to the public by the owners thereof, including the registration of such instruments, their testing, verification, reverification, inspection and stamping, and their use, and the licensing of weighmen, and prohibiting or regulating the use of such instruments which are unregistered, and generally for the supervision and control of such instruments and weighmen;

(viii) Check-weighers. Preventing undue interference by checkweighers with the premises or property of owners, or employees of owners;

(ix) Tareweights. Regulating and controlling the taking of tareweights of vehicles used for the conveyance of articles sold or carried by weight; the issue, production and retention of tickets and copies thereof, showing such weight, or the weight of the loading on such vehicles, or the weight of the loading and the vehicles, and the description of the loading, and such other particulars as may be prescribed; providing in any case for such weighing on demand by a purchaser or an inspector, and for preventing frauds in connection with articles conveyed on vehicles and sold or carried by weight;

(x) Marking of weight, etc., on articles. Regulating and controlling the marking upon articles or packages or labels affixed to articles or packages-

(a) of the net weight, measure or number of the article or contents of the package;

(b) of any matter stating or representing by implication that the article or package and its contents is for sale at a price lower than the ordinary and customary sale price or, in the case of a package, that a sale price advantage is accorded to purchasers thereof by reason of the size of the package or the quantity of its contents;


(c) prescribing the means or method or means and method of any such marking;

(xa) Prescribing the form and manner in which packages required or permitted by any provision of this Act to be marked with any particulars, statement, or approved brand, shall or may be so marked;

(xi) Prescribing the method by which the articles shall be sold. Prohibiting the sale of prescribed articles by measure of capacity and prescribing the method by which prescribed classes of articles shall be sold and prohibiting the sale of such articles otherwise;

(xii) Weights, etc., of prescribed articles. Prescribing the denominations of weight or measure in which prescribed classes of articles shall be manufactured or packed for sale or sold;

(xiii) Form of receptacles, etc. Prescribing the form of package for containing any prescribed class of articles sold by weight or measure and the form of receptacle to be fitted to or form part of any vehicle carrying any prescribed class of articles for delivery or sale by measure, and the method of marking or stamping such packages or receptacles;

(xiiia) Regulating and controlling the size of packages by reference to the volumes respectively of the package and of its contents and, where the package containing any article is packed in an outer package or container, regulating and controlling the size of the outer package or container by reference to the volumes respectively of the outer package or container and of the article.

(xiv) Fees, etc. Prescribing the fees payable in respect of any inspection or service under this Act; fixing the amount or proportion of expenses, or of expenses as prescribed, incurred in connection therewith which shall be payable; and prescribing the persons by whom and the places and times when and where such fees and expenses shall be paid;

(xv) Definitions. Prescribing all such definitions as deemed necessary or expedient for the purposes of this Act including the definition of the meanings of terms used in this Act and the modification of any terms defined by this Act;

(xvi) Weight-notes and weighing. Prescribing the forms to be used and the conditions to be observed in the giving or taking of weight-notes, and the procedure to be observed in weighing produce and other articles;

(xvii) Bulky articles. Regulating and controlling the sale, weighing, measuring, and delivery of coal, firewood, and other bulky articles whatsoever, and the provision and use of weighing instruments, or as the case requires, measuring instruments in connection therewith; the issue by sellers to drivers of vehicles conveying such articles, of weight or measure tickets, invoices, or delivery notes, and the carrying and production of such tickets, invoices, or delivery notes, and delivery of the same to purchasecs;


(xviii) Invoices and delivery notes. Regulating and controlling the production and delivery of tickets, invoices, or delivery notes in respect of articles sold, ordered, or purporting to be supplied by weight or measure and prescribing the information which is to be given on such tickets, invoices, or delivery notes;

(xix) regulating, controlling, and restricting the sale or supply of articles by means of a vending machine (as defined in the regulations) and prohibiting the sale or supply of articles by means of such a machine otherwise than in accordance with the regulations;

(xx) for securing that articles that are sold by means of a vending machine (as defined in the regulations) are so sold only if there is displayed in or on the machine such particulars or statements, with respect to such matters, as may be prescribed, and the manner in which the particulars or statements so prescribed shall be so displayed;

(xxi) for or with respect to the units of weight or measurement to be used in marking or displaying on packages or vending machines (as defined in the regulations) any particulars or statements required to be marked or displayed thereon, either generaIly or in respect of any prescribed description of articles, and the manner in which those units of weight or measurement shaIl or may be expressed (whether in figures or words or figures and words) and the abbreviations that mayor may not be used for the purposes of expressing those units;

(xxii) for or with respect to the method in which, and the conditions under which, the weight or measure of articles is to be determined in connection with thc marking or displaying on packages or on vending machines (as defined in the regulations) of any particulars or statements referred to in the foregoing provisions of this subsection;

(xxiii) permitting, in the case of such articles and in such circumstances as may be specified in the regulations, the weight or measure of any articles used in packing the first-mentioned articles for sale as may be so specified to be included in the net weight or measure of the first-mentioned articles;

(xxiv) exempting (either wholly or to such extent as may be prescribed) or authorising a prescribed person to exempt (either unconditionally or subject to such conditions and restrictions as that person may determine) from all or any of the provisions of this Act or of the regulations-

(i) articles of any description prescribed or referred to in the regulations and packages containing any such articles; and

(ii) prescribed transactions and classes of sales; (xxv) requiring packages containing articles of a prescribed descrip

tion to be marked with a statement of the sale price per unit of weight or measurement of the' articles contained therein;

(xxvi) generally regulating and controlling the packing of articles or of articles of prescribed descriptions and the marking of packages in which pre-packed articles are contained;


(xxvii) Penalties. Prescribing the amount of any pecuniary penalty for any offence against any regulation, provided that any such penalty shall not in any case exceed two hundred dollars;

(xxviii) Exemptions. Providing for exemptions from all or any of the provisions of this Act;

(xxix) Generally. Prescribing all matters or things which by this Act are required or permitted to be prescribed.

(2) The power to make with respect to any weights, measures, weighing instruments, measuring instruments, articles, packages, or any matter or thing whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, trades, purposes, class, type, or circumstances or otherwise as is prescribed.

The power to make regulations with respect to any matter shall include power to make regulations under this section prohibiting that matter either generally or to meet particular cases.

The power to make regulations under this Act shall include power to repeal, amend, or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act.

(3) Regulations may be made under this Act at any time after the passing hereof.

( 4) The regulations may be made so as to apply to pre-packed articles generally or only in respect of the packing or sale of pre-packed articles of denominations of weight or measure greater than or less than some other prescribed multiple of a prescribed denomination.

(5) The regulations shall not be regarded as invalid on the ground that they delegate to or confer on a person a discretionary authority.

As amended by Act of 1963, No. 42, s. 12; Act of 1966, No. 14, s. 3; Act of 1967, No. 54, s. 15.


For regulations, see Table of Contents, p. 420, ante. As to validity of regulations generally, see Preliminary Note to title ACTS OF PARLIAMENT, Vol. 1, p. 72.

56. Publication of Proclamations, regulations, etc. ( 1 ) Every Proclamation and regulation made under this Act shall-

(i) Be published in the Gazette; (ii) Upon its publication in the Gazette, be judicially noticed

and such publication shall be conclusive evidence of the matters contained therein;

(iii) Take effect from the date of such publication unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and

(iv) Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, ther within fourteen sitting days after the commencement of tha next session.

WEIGHTS & MEASURES ACTS, 1951 TO 1967 s.55-Sch. 493

(2) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation or regulation has been laid before Parliament disallowing such Proclamation or regulation or part thereof, that Proclamation or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation.

(3) In this section the term "sitting days" means days upon which the House actually sits for the despatch of business.

FIRST SCHEDULE [Repealed by Act of 1965, No. 36, s. 11.]

SECOND SCHEDULE [Repealed by Act of 1965, No. 36, s. 12.]

Documents

THE WEIGHTS AND MEASURES ACTS, 1951 to 1967 · THE WEIGHTS AND MEASURES ACTS, 1951 to 1967 ... appointment under this Act; ... WEIGHTS & MEASURES ACTS, 1951 TO 1967 ss.4-6 425