Trade Measurement Regulations 2007 · Web viewOCPC-VIC, Word 2003, Template Release Nov 2006 V4.0 Version No. 003 Trade Measurement Regulations 2007 S.R. No. 48/2007 Version incorporating

Version No. 003

Trade Measurement Regulations 2007S.R. No. 48/2007

Version incorporating amendments as at 25 November 2008

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1 Objectives 12 Authorising provisions 23 Commencement 24 Definitions 2

PART 2—WEIGHBRIDGES 8

Division 1—Preliminary 8

5 Application of other regulations to weighbridges 86 Application of Part 8

Division 2—Requirements for weighbridge used for trade 8

7 Situation of weighbridge 88 Visibility on weighbridge 89 Approaches to weighbridge 910 Platforms of weighbridge 911 Pit of weighbridge 912 Weighbridge without pit 1013 Weighbridge with electronic devices 1114 Multi-platform weighbridge 1115 Portable weighbridge 11

Division 3—Public weighbridges 12

16 Provision of a weighbridge suitability statement when public weighbridge licence is granted 12

17 Provision of a weighbridge suitability statement in relation to an existing public weighbridge licence 12

18 Suitability for use as a public weighbridge 1319 When a public weighbridge is to be examined for issuing a

new weighbridge suitability statement 1320 Licence and sign to be displayed at public weighbridge 14

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21 General system of measurement tickets 1422 Offences by licensees 1623 If weighbridge measurement incorrect 1924 Request for measurement may be refused in some

circumstances 1925 Offences by operator 2026 Licensee to give notice of change of particulars 2227 When a vehicle weighing is not a use of a weighbridge as a

public weighbridge 2228 Register of licences 23

Division 4—Revoked 12

29 Revoked 23

Division 5—End-and-end weighing 23

30 Restrictions 23

Division 6—Miscellaneous 25

31 Fraudulent activities of licensee or operator 2531A Approval of forms 25

PART 3—MEASURING INSTRUMENTS 26

Division 1—Verification, re-verification and certification 26

32 Marking of measuring instrument 2633 Certain measuring instruments not to be verified or certified 2634 Measuring instrument to be clean 2735 Testing of measuring instrument 2736 Testing and marking a measure of length 2737 Exemption from re-verification and marking 2838 Restrictions on use for trade of certain small masses 2839 Dismantling of measuring instrument for testing 2840 Owner to provide and pay for labour etc. 29

Division 2—Batch testing and marking 30

41 Approval for batch testing of glass measures 3042 Approval authorises making of marks 3043 Restrictions on removal of marked glass measure 3144 Batch testing requirements 3145 Records to be kept and made available 32

Division 3—Licences and licensees 32

46 Condition of licence 3247 Licensee to keep certain records or give certain notices 3248 Notification by licensee of changed particulars 3349 Register of licences 33

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50 Restrictions on use of measuring instrument for trade 3451 Subdivision of scale spacing 3652 Measurement of liquid 3653 Measurement of precious stones 3754 Measurement of precious metals 37

PART 4—PRE-PACKED ARTICLES 39

Division 1—Preliminary 39

55 Exemptions from marking requirements (name, address, measurement) 39

56 Exemptions for packages containing paper 4057 Requirements applicable to both inner and outer packages 4058 Exemptions for certain inner and outer packages 41

Division 2—Marking of name and address 41

59 Marking of name and address on packages 4160 Exemption for packaged seed 41

Division 3—Marking of measurement 42

Subdivision 1—General requirements for measurement marking 42

61 Requirement to mark measurement 4262 General position of measurement marking 4262A Position of measurement marking on a standard wine package 4363 Set-out and form of measurement marking 4464 Size etc. of characters in measurement marking 4465 Unit etc. of measurement to be used 4666 Fractions, significant figures 4767 Special provision—marking by approved printing device 4768 Marking by reference to minimum measurement 48

Subdivision 2—Special provision for measurement marking of certain articles 48

69 Eggs 4870 Articles packed in sheets 4971 Number of pre-packed articles comprising 1 tonne 4972 Bed sheets, tarpaulins and similar articles 4973 Pairs of window curtains 5074 Marking of width or thickness if it directly affects price 50

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Subdivision 3—Special provision concerning measurement marking of outer packages 50

75 Package containing packages of articles of the same kind and measurement 50

76 Inner and outer packages of single article 5177 Package containing articles of different kinds or different

measurements 51

Subdivision 4—Other markings concerning measurement 52

78 Unit price marking—retail sales of certain foods by mass 52

Division 4—Prohibited and restricted expressions 54

79 Marking of "mass when packed" 5480 Marking of "mass at standard condition" 5481 Restrictions on use of "gross mass" 5582 Prohibited expressions 55

Division 5—Short measure 56

83 Extent of deficiency necessary to constitute short measure 5684 Articles marked "mass when packed" or with words that have

similar meaning 5685 Articles marked "mass at standard condition" 5886 Other pre-packed articles 5987 Method of determining average measurement 59


88 Mass of frozen pre-packed scallops 6089 Application for permit to sell certain articles 61

PART 5—MISCELLANEOUS 62

Division 1—Articles sold by reference to measurement 62

90 Beer, spirits to be sold by volume 6291 Offer etc. for sale by reference to measurement 62

Division 2—Sale of fuel by reference to measurement by volume 64

92 Regulation of sale of fuel by reference to measurement by volume 64

PART 6—GENERAL 68

93 Certification fees 6894 Licence fees and other fees and charges 6895 Periodic licence fee 6896 Prescribed offences and penalties 6997 Revocation of spent amendment statutory rules 69

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PART 7—TRANSITIONAL PROVISIONS 70

98 Certificates of suitability 7099 Suspension of certificates of suitability 70100 Display of licence 70101 Prescribed forms 71

__________________

SCHEDULES 72

SCHEDULES 1, 2—Revoked 72

SCHEDULE 3—Public Weighbridge Operator's Duties 73

1 Completion and issue of measurement tickets 732 Correction of mistakes 743 Restriction on additional information on measurement ticket 744 Measurement of vehicle in 2 weighings—unloaded then loaded755 Measurement of vehicle in 2 weighings—loaded then unloaded766 Issue of measurement ticket for axle load measurement 777 Issue of copies of measurement tickets 788 Inspector may require measurement to be made 79

SCHEDULE 4—Exemptions from Marking 80

SCHEDULE 5—Expression of Measurement Marking 83

SCHEDULE 6—Permissible Units of Measurement 85

1 Mass 852 Volume 853 Linear measurement 864 Superficial measurement 865 Mass per specified length 86

SCHEDULE 7—Certification Fees 87

SCHEDULE 8 88

Servicing Licence Fees 88

Public Weighbridge Licence Fees 88

SCHEDULE 9—Other Fees and Charges 89

SCHEDULE 10—Prescribed Offences and Penalties 90

═══════════════

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ENDNOTES 94

1. General Information 94

2. Table of Amendments 95

3. Explanatory Details 96

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Version No. 003


Version incorporating amendments as at 25 November 2008

PART 1—PRELIMINARY

1 Objectives

The objectives of these Regulations are to—

(a) provide special requirements for weighbridges used for trade, certificates of suitability for public weighbridges, the duties of licensees and operators of public weighbridges and restrictions on the use of weighbridges for end-and-end weighing;

(b) provide the procedure for the verification, re-verification, certification and batch testing of measuring instruments, the restrictions on the use of measuring instruments and the miscellaneous duties of servicing licensees;

(c) provide specific information to be marked on pre-packed articles, the prohibition and restrictions of specific expressions on pre-packed articles and permissible measurement deficiencies in pre-packed articles and pre-packed goods exempted from markings;

(d) require beer and certain other alcoholic beverages to be sold at a price determined by reference to volume and provide the measurements to be used when articles are sold by reference to mass, volume, linear measurement or superficial measurement;

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(e) provide certification, licensing and other fees and infringement notices for prescribed offences.

2 Authorising provisions

These Regulations are made under section 80 of the Trade Measurement Act 1995 and section 25 of the Trade Measurement (Administration) Act 1995.

3 Commencement

These Regulations come into operation on 18 June 2007.

4 Definitions

In these Regulations—

Act means the Trade Measurement Act 1995;

approval means an approval given under regulation 41;

approved means approved by the administering authority;

approved form means a form approved by the administering authority under regulation 31A;

approved printing device means a printing device that conforms to a pattern in relation to which there is in force under the National Measurement Regulations 1999 of the

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Reg. 4 def. of approved form inserted by S.R. No. 38/2008 reg. 5(2).

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Commonwealth a certificate that approves the use of the device for trade;

* * * * *

characters includes letters, figures and symbols;

cheese and cheese products do not include articles for sale as processed cheese or cheese spreads;

compressed or liquefied gas does not include liquefied petroleum gas;

copy measurement ticket means a copy measurement ticket mentioned in regulation 21(3)(b) or 21(4)(b) or in clause 7(2) of Schedule 3;

cream does not include clotted cream or sour (cultured) cream;

dried or dehydrated fruit includes glacé and crystallised fruit and fruit peel;

dried or dehydrated mixed fruit includes any such fruit mixed with nuts;

end-and-end measurement means the determination of a measurement relating to a vehicle (whether loaded or not) by adding together separate measurements of the mass supported singly or in combination by the

Reg. 4 def. of certificate of suitability revoked by S.R. No. 38/2008 reg. 5(1).

Reg. 4 def. of copy measurement ticket inserted by S.R. No. 38/2008 reg. 5(2).

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different axles of the vehicle, those separate measurements having been determined by separate operations of a weighbridge;

garden landscape material means soil, pebbles, crushed tile, crushed white quartz, Grawin gravel, crushed western red, crushed snowflake, New Zealand lava scoria, Pacific coral, river stones, crushed material mix and

any like substance for use in gardens;

glass in relation to a container or drinking vessel, includes any other material permitted by the approval for its pattern issued under the National Measurement Regulations 1999 of the Commonwealth;

glass measure in Part 3 (other than regulation 32) means—

(a) a container made wholly or principally of glass in which it is intended that lubricating oil will be sold by volume of the quantity (otherwise than as a pre-packed article); or

(b) a measure made of glass or other rigid or semi-rigid substance intended for use for the sale of beer, ale, stout or spirits by quantity other than as a pre-packed article;

ice-cream includes any form of frozen confection containing ice-cream, flavoured ice, fruit-ice, water-ice or a substitute for ice-cream;

licence means—

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(a) in Part 2, a public weighbridge licence; and

(b) in Part 3, a servicing licence;

licensee means—

(a) in Part 2, a holder of public weighbridge licence; and

(b) in Part 3, a holder of a servicing licence;

liquid chemicals includes solvents packed for sale for pharmaceutical, laboratory or industrial use;

main display part in relation to a package means—

(a) if the name or brand appears on the package once, only the part of the package on which it appears; or

(b) if the name or brand appears on more than one part of the package with equal prominence in each case, any one of those parts; or

(c) if the name or brand appears on more than one part of the package but not always with equal prominence, the part of the package on which it is more prominent or any part of the package on which it is most prominent; or

(d) if the name or brand of the article in the package does not appear on the package, that part of the package which will be most prominent when the

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package is exposed for sale in the manner in which it is likely to be exposed for sale;

measurement marking means the marking of measurement required by these Regulations to be made on the package containing a pre-packed article;

measurement ticket, for a measurement made at a weighbridge, means a measurement ticket issued for the measurement and includes a copy measurement ticket and an original measurement ticket;

operator means the person who personally determines a measurement by use of a weighbridge;

original measurement ticket means an original measurement ticket mentioned in regulation 21(3)(a) or 21(4)(c)(ii) or in clause 7(6) of Schedule 3;

owner in relation to a measuring instrument, means the person who uses, or proposes to use, the measuring instrument for trade or who proposes to make it available for use for trade;

paint includes enamel but does not include a two-pack paint, artists' paint or powder coatings;

Reg. 4 def. of measurement ticket inserted by S.R. No. 38/2008 reg. 5(2).

Reg. 4 def. of original measurement ticket inserted by S.R. No. 38/2008 reg. 5(2).

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poultry means any kind of bird used for human consumption, whether it is cooked or uncooked or consists of poultry pieces;

poultry piece means leg, wing, breast or other part detached from a poultry carcass and any division of a poultry carcass;

preservation period means—

(a) for measurement tickets issued from a book or pad of tickets, the period for which the tickets are required to be kept under regulation 21(3)(d); or

(b) for measurement tickets that are generated electronically, the period for which the tickets are required to be kept under regulation 21(4)(c);

public weighing means the use of a weighbridge by or on behalf of the public or for which a charge is made;

registered number, of a weighbridge, means the number included in the register of licences kept by the administering authority as the registered number of the weighbridge;

resins includes natural resins, synthetic resins and polymeric materials other than paint;

standard wine package means a package containing—

(a) 50 ml, 100 ml, 187 ml, 200 ml, 250 ml, 375 ml, 500 ml, 750 ml, 1 L or 1.5 L of wine; or

Reg. 4 def. of preservation period inserted by S.R. No. 38/2008 reg. 5(2).

Reg. 4 def. of registered number inserted by S.R. No. 38/2008 reg. 5(2).

Reg. 4 def. of standard wine package inserted by S.R. No. 142/2008 reg. 3(2).

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(b) 2 or more whole litres of wine;

testing facilities means labour and equipment necessary for testing glass measures in

accordance with regulation 41;

therapeutic goods means goods for therapeutic use within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;

tobacco includes plug tobacco.

wine means a beverage—

(a) produced by the complete or partial alcoholic fermentation of fresh grapes, grape must or other products derived from fresh grapes; and

(b) containing not less than 7% and not more than 24% of alcohol by volume.

__________________

Reg. 4 def. of wine inserted by S.R. No. 142/2008 reg. 3(2).

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PART 2—WEIGHBRIDGES

Division 1—Preliminary

5 Application of other regulations to weighbridges

These Regulations are in addition to, and do not limit, any other regulations under the Act relating to measuring instruments generally.

6 Application of Part

This Part applies to weighbridges used for trade, including public weighbridges.

Division 2—Requirements for weighbridge used for trade

7 Situation of weighbridge

A weighbridge must be so situated that—

(a) there is sufficient room for a vehicle using the weighbridge to move on and off without turning on the platforms; and

(b) its headwork is protected from wind and rain by an office or other adequate means; and

(c) water or debris from the surrounding area does not accumulate on the platforms or in the pit.

Reg. 5 amended by S.R. No. 38/2008 reg. 6.

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8 Visibility on weighbridge

A weighbridge must—

(a) provide the operator with a clear view of the

platforms; and

(b) have the indicator that is used by the operator located not more than 6 metres from the edge of the platforms or in some other approved position; and

(c) in the case of a road weighbridge, have an indicator in such a position that the mass displayed on it may easily be read by the driver of a vehicle using the weighbridge.

9 Approaches to weighbridge

A weighbridge must have approaches that—

(a) are in the same plane as the platforms for a minimum distance of—

(i) 3 metres if the length of the platforms is less than 18 metres; or

(ii) 1 metre if the length of the platforms is 18 metres or more; and

(b) have a hard, true and durable surface of concrete or other approved material; and

(c) are arranged so that drainage from the surface does not flow into the pit.

10 Platforms of weighbridge

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(1) The platforms of a weighbridge must be of concrete or steel, or both, or be of other approved materials.

(2) Unless exempted under subregulation (3), a weighbridge must be provided with guard rails or other suitable means to prevent vehicles from moving onto or off the platform otherwise than from end to end.

(3) The administering authority may exempt a weighbridge from compliance with subregulation (2).

11 Pit of weighbridge

If a weighbridge has a pit—

(a) the entrance to the pit must be covered and be at least 1 metre deep and 900 mm wide; and

(b) the neck of the pit must be at least 900 mm wide; and

(c) there must be a clearance of at least 150 mm on each side of a lever in the neck of the pit; and

(d) there must be free access to every part of the under work and—

(i) if free access is available from above to every part of the under work, there must be a clearance of at least 150 mm below all parts of the under work; or


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(ii) in any other case, there must be a clearance of at least 400 mm below the lowest lever; and

(e) the pit must be free-draining or be provided with automatic mechanical drainage and be kept free from any accumulation of water, mud and debris.

12 Weighbridge without pit

If a weighbridge does not have a pit—

(a) there must be a clearance of at least 150 mm under the lowest live part of the platforms; and

(b) the floor between load cell supports must be of concrete at least 75 mm thick and must be effectively drained and kept free from any accumulation of water, mud and debris; and

(c) there must be in the same plane as, or lower than, the floor a clear space of at least 1 metre from the external edges of the frame; and

(d) the load cell footings must be individually and mutually stable.

13 Weighbridge with electronic devices

If a weighbridge is equipped with electronic devices—

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(a) they must be protected from electrical interference and the rays of the sun; and

(b) the data plate of the load cells must have

such access as is necessary to enable it to be read with ease.

14 Multi-platform weighbridge

In a multi-platform weighbridge—

(a) any dead space between platforms must not exceed 2 metres; and

(b) the platforms must not interfere with each other so as to affect their operation; and

(c) a visual summing indicator must be provided.

15 Portable weighbridge

If a weighbridge is portable—

(a) there must be a clearance of at least 150 mm under the lowest live part of the platforms; and

(b) it must have a base that is stable when the weighbridge is in use; and

(c) the head work and exposed levers must have adequate protection; and

(d) the ground under the platform must be treated to prevent the growth of foliage and must be kept free from any accumulation of water, mud and debris.


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Division 3—Public weighbridges

16 Provision of a weighbridge suitability statement when public weighbridge licence is granted

(1) If an applicant applies for a public weighbridge licence for a weighbridge, the administering authority must advise the licensing authority if the weighbridge is suitable for use as a public weighbridge.

(2) If the administering authority advises the licensing authority that the weighbridge is suitable for use as a public weighbridge and the licensing authority grants a public weighbridge licence, the licensing authority must ensure the licence has a weighbridge suitability statement written on it.

17 Provision of a weighbridge suitability statement in relation to an existing public weighbridge licence

Pt 2 Div. 3 (Heading and regs 16–21) and Div. 4 (Heading and regs 22–29) substituted as Pt 2 Div. 3 (Heading and regs 16–28) by S.R. No. 38/2008 reg. 7.

Reg. 16 substituted by S.R. No. 38/2008 reg. 7.

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(1) This regulation applies to the provision of a weighbridge suitability statement for a weighbridge other than when the public weighbridge licence for the weighbridge is granted.

(2) On application and payment of the fee for the newweighbridge suitability statement, the administering authority may provide the statement by issuing a copy of the licence with the statement written on it.

(3) The administering authority must not provide the new weighbridge suitability statement unless an inspector examines the weighbridge for the administering authority and is satisfied the weighbridge is suitable for use as a public weighbridge.

18 Suitability for use as a public weighbridge

An inspector may only find a weighbridge suitable for use as a public weighbridge for the purposes of regulation 17(3) if the inspector has examined the weighbridge for the administering authority and is satisfied of the following—


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(a) there is enough room for a vehicle using the weighbridge to move onto and off the weighbridge without reversing; and

(b) the type of weighbridge and the size of its platforms are suitable for use as a public weighbridge; and

(c) the weighbridge complies with these Regulations.

19 When a public weighbridge is to be examined for issuing a new weighbridge suitability statement

The administering authority must, as far as practicable, cause an inspector to examine a public weighbridge not earlier than one month before the end of the period for which the weighbridge suitability statement for the public weighbridge licence is in force.Note

For when a weighbridge suitability statement is in force, see section 50(1)(aa) of the Act.

20 Licence and sign to be displayed at public weighbridge




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(1) A licensee for a public weighbridge must display at the weighbridge—

(a) the licence for the weighbridge with a

current weighbridge suitability statement written on it; and

(b) a sign that clearly indicates, in words and figures at least 100 mm high and on a background of contrasting colour—

(i) the weighbridge is a public weighbridge; and

(ii) the registered number for the weighbridge.

(2) The licensee must ensure that—

(a) the licence and the sign—

(i) are prominently displayed at the weighbridge; and

(ii) can be seen easily by anyone using the weighbridge; and

(b) the licence is properly protected from the effects of weather.

Note

A failure by a licensee to comply with a provision of the regulation is a ground for disciplinary action against the licensee under section 56(1)(a) of the Act.


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21 General system of measurement tickets

(1) A licensee for a public weighbridge must ensure that measurement tickets in the approved form are able to be issued, or generated electronically, at the weighbridge for each measurement made using the weighbridge.

(2) The measurement tickets must be—

(a) issued from a bound book of tickets or from a block of tickets held together at one edge to form a pad; or

(b) generated electronically.

(3) In relation to measurement tickets that are issued from a book or pad, the licensee must ensure that—

(a) there are clearly identifiable original measurement tickets that are numbered consecutively and are retained by the licensee; and

(b) there are clearly identifiable copy measurement tickets that are issued to persons for whom measurements are made; and

(c) immediately after the last issue of a copy measurement ticket from a pad of measurement tickets, all original


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measurement tickets and all unissued copy measurement tickets are securely bound together; and

(d) a book or pad, from which measurement tickets are issued, is kept from when a measurement ticket is first issued from the book or pad until at least one year after a measurement ticket is last issued from the book or pad.

(4) In relation to measurement tickets that are generated electronically, the licensee must ensure that—

(a) particulars of measurement tickets, numbered consecutively, are created electronically; and

(b) printed versions of the measurement tickets, clearly identified as copy measurement tickets, are issued to persons for whom measurements are made in accordance with their numerical order; and

(c) the licensee keeps for at least one year after a measurement is made and a copy measurement ticket is issued—

(i) the electronic record of the particulars included in the ticket; or

(ii) a printed version of the original measurement ticket, clearly identified as an original measurement ticket.

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(5) Subregulation (4)(a) does not apply to a copy of a measurement ticket issued under clause 7 of Schedule 3.

(6) A book or pad of measurement tickets may contain more than one copy measurement ticket for each original measurement ticket.

22 Offences by licensees

(1) A licensee of a public weighbridge must ensure that—

(a) the weighbridge is kept accurately at zero when there is no load on the platform;

(b) the weighbridge platform is kept clean;

(c) the space between the weighbridge frame and the weighbridge platform is kept free from obstructions;

(d) for a measurement made using the weighbridge for a person—

(i) appropriate care is taken to decide the measurement;

(ii) an original measurement ticket and the copy measurement ticket are completed in consecutive numerical order and with appropriate care as soon as practicable; and


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(iii) the person requesting the measurement is issued with the copy measurement ticket for the measurement immediately after the original measurement ticket is

completed.

Penalty:20 penalty units.

(2) During the preservation period, a licensee of a public weighbridge must ensure, in relation to a measurement ticket issued from a book or pad of tickets, that the original measurement ticket is produced to a relevant person on demand within a reasonable time.


(3) During the preservation period, a licensee of a public weighbridge must ensure, in relation to a measurement ticket generated electronically, that a printed version of the original measurement ticket is produced to a relevant person on demand within a reasonable time.


(4) During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, a licensee of a public weighbridge must not—

(a) remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or

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(b) alter an original measurement ticket or an unissued copy measurement ticket.


(5) During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, a licensee of a public weighbridge must not permit a person—

(a) to remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or

(b) to alter an original measurement ticket or an unissued copy measurement ticket.


(6) During the preservation period, a licensee of a public weighbridge must not, in relation to measurement tickets generated electronically—

(a) delete or alter an electronic record of particulars included in a measurement ticket; or

(b) dispose of or alter a printed version of an original measurement ticket.


(7) During the preservation period, a licensee of a public weighbridge must not permit a person, in relation to measurement tickets generated electronically—

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(a) to delete or to alter an electronic record of particulars included in a measurement ticket; or

(b) to dispose of or to alter a printed version of an original measurement ticket.


(8) In this regulation—

relevant person means—

(a) an inspector; or

(b) any other person who has a genuine interest in examining the ticket.Example

A person whose goods were on a truck being driven by another person when the goods were weighed has a genuine interest in examining the ticket.

23 If weighbridge measurement incorrect

If the licensee for a public weighbridge knows, or has reason to believe, that a measurement made


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using the weighbridge would be incorrect, the licensee must immediately—

(a) withdraw the weighbridge from use; and

(b) notify the administering authority that the weighbridge has been withdrawn from use and the reason for the withdrawal.

24 Request for measurement may be refused in some circumstances

A licensee for a public weighbridge must ensure a request for a measurement to be made using the weighbridge during normal trading hours is not refused unless—

(a) the weighbridge does not have the capability to make the measurement; or

(b) the person requesting the measurement to be made is asked to pay the licensee's fee in advance and the payment is not made; or

(c) the licensee knows, or has reason to believe, a measurement made using the weighbridge would be incorrect.

25 Offences by operator

(1) The operator of a public weighbridge, when using a public weighbridge for public weighing, must



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comply with all of the requirements set out in Schedule 3.


(2) The operator of a public weighbridge must not use the weighbridge for public weighing if the operator knows, or has reason to believe, a measurement made using the weighbridge would be incorrect.


(3) In relation to a measurement made using a public weighbridge, the operator of the public weighbridge must not issue to the person requesting the measurement—

(a) the original measurement ticket for the measurement; or

(b) a copy measurement ticket that is not a correct copy of the original measurement ticket for the measurement.


(4) During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, an operator of a public weighbridge must not—

(a) remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or

(b) alter an original measurement ticket or an unissued copy measurement ticket.


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(5) During the preservation period, in relation to a measurement ticket issued from a book or pad of

tickets, an operator of a public weighbridge must not permit a person—

(a) to remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or

(b) to alter an original measurement ticket or an unissued copy measurement ticket.


(6) During the preservation period, an operator of a public weighbridge must not, in relation to measurement tickets generated electronically—

(a) delete or alter an electronic record of particulars included in a measurement ticket; or

(b) dispose of or alter a printed version of an original measurement ticket.


(7) During the preservation period, an operator of a public weighbridge must not permit a person, in relation to measurement tickets generated electronically—

(a) to delete or to alter an electronic record of particulars included in a measurement ticket; or

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(b) to dispose of or to alter a printed version of an original measurement ticket.


26 Licensee to give notice of change of particulars

(1) A licensee for a public weighbridge must give to the licensing authority written notice of the following—

(a) a change in the address for service of notices on the licensee; and

(b) for each person employed as an operator of the weighbridge—

(i) the full name and residential address of the person; and

(ii) if the person ceases to be employed to operate the weighbridge, the last day the person was employed to operate the weighbridge.

(2) The licensee must give the notice within 14 days after the relevant event.



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27 When a vehicle weighing is not a use of a weighbridge as a public weighbridge

(1) The use of a weighbridge to measure the tare mass of a vehicle to enable it to be registered for use on a public road is not considered to be use as a public weighbridge for the purposes of section 43 of the Act if the operator of the weighbridge issues a written statement of the tare mass measured clearly indicating that the tare mass was measured for registration purposes only.

(2) Regulation 25 does not apply to the operator of the weighbridge when the weighbridge is used to measure the tare mass of a vehicle to enable it to be registered for use on a public road.

28 Register of licences

(1) For the purposes of section 47 of the Act, the prescribed particulars relating to a public weighbridge licence are as follows—

(a) the licence number and the date the licence was issued;

(b) the licensee's name;



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(c) the address at which notices may be served personally on the licensee;

(d) particulars of any conditions imposed on the licence under section 48 of the Act;

(e) in relation to the weighbridge to which the licence relates—

(i) particulars of the weighbridge's location; and

(ii) the registered number given to the weighbridge by the administering authority;

(f) the date on which the most recent weighbridge suitability statement for the licence was signed.

* * * * *

Division 5—End-and-end weighing

30 Restrictions

(1) A person who uses for trade a weighbridge in order to determine an end-and-end measurement is guilty of an offence unless subregulation (3) is complied with.

Reg. 29 revoked by S.R. No. 38/2008 reg. 7.


29

(2) A person who is guilty of an offence under subregulation (1) is liable to a penalty not exceeding 20 penalty units.

(3) This subregulation is complied with if—

(a) the wheelbase of the vehicle concerned is—

(i) longer than the length of the platform of the weighbridge or, if the weighbridge has 2 or more platforms, the total of the lengths of the platforms; and

(ii) shorter than the sum of the length, or total length, found under subparagraph (i) and the length of the shorter, or, if their lengths are the same, of either, of the approaches to the platform or platforms; and

(b) the approaches have a smooth and level surface which is paved with concrete or other approved material and is in the same horizontal plane as the top of the platform or platforms; and

(c) the perimeter of the approaches is clearly indicated by painted marks or by other approved means; and

(d) at all times during the measuring—

(i) the wheels on one or more of the axles are located on the platform or platforms and the wheels on the other axles are

r. 30


30

located within the indicated perimeter of the approaches; and

(ii) the brakes, gears and any other means

capable of restricting the free movement of the vehicle are disengaged.

Division 6—Miscellaneous

31 Fraudulent activities of licensee or operator

(1) This regulation applies to the following persons—

(a) a licensee;

(b) an operator of a weighbridge.

(2) A person to whom this regulation applies is guilty of an offence if he or she—

(a) knowingly permits, assists in, or connives at, a fraud in connection with the measurement of anything by using the weighbridge or the issue of a measurement ticket; or

(b) makes, or connives at the making of, a representation known by the licensee or operator to be false with respect to the measurement of anything by means of the weighbridge; or

(c) knowing of any fraudulent proceeding in connection with the measurement of anything by means of the weighbridge, fails

r. 31


31

to impart that knowledge to an inspector as soon as practicable.

(3) A person who is guilty of an offence under this regulation is liable to a penalty not exceeding 20 penalty units.

31A Approval of forms

The administering authority may approve forms for use under these Regulations.

__________________

r. 31

Reg. 31A inserted by S.R. No. 38/2008 reg. 8.


32

PART 3—MEASURING INSTRUMENTS

Division 1—Verification, re-verification and certification

32 Marking of measuring instrument

(1) When an inspector's mark or licensee's mark is made on a measuring instrument, the person who makes the mark must also mark, in the approved manner, the date on which the mark is made, unless the instrument is a glass measure.

(2) When an employee of a licensee certifies a measuring instrument, the employee must, in addition to making the licensee's mark on the measuring instrument, also make such other mark in conjunction with the licensee's mark as will enable the licensee to identify the employee who made the mark.

(3) In this regulation, glass measure means any glass measure, including a conical measure, a beaker measure, a measuring cylinder, a beer glass, an oil bottle or a measuring container bottle, and is not limited by the definition of glass measure in regulation 4.

33 Certain measuring instruments not to be verified or certified

A measuring instrument must not be verified or certified if—

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33

(a) it bears a manufacturer's mark or trade mark that could be mistaken for an inspector's mark or a licensee's mark; or

(b) it is of rough, crude or unworkmanlike construction or is constructed of inferior material; or

(c) it is not reasonably clean or has wet paint on it; or

(d) it is so damaged as to be unsuitable for use for trade.

34 Measuring instrument to be clean

For the purpose of facilitating re-verification of a measuring instrument, an inspector may direct the person in possession of the instrument to clean the instrument.

35 Testing of measuring instrument

The testing of a measuring instrument for the purpose of verification, re-verification or certification must—

(a) if the measuring instrument is fixed, be carried out with the measuring instrument in its fixed position; or

(b) if the measuring instrument is moveable and has a base, be carried out with the measuring instrument on a level plane or, if this is not practicable, on a plane that is as nearly level as possible; or

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34

(c) if the measuring instrument is transportable and the results obtained by its use are affected by gravity, be carried out so as to compensate for the conditions applicable in

the region in which it is used or to be used.

36 Testing and marking a measure of length

If a measure of length is to be verified or certified, it must be examined, tested and marked—

(a) on both sides if it is calibrated on both sides and is not permanently fixed so that only one side is visible; or

(b) on the visible side if it is permanently fixed so that only one side is visible.

37 Exemption from re-verification and marking

(1) If a glass measure has been marked in accordance with regulation 42, re-verification of it is not required.

(2) If a measure of length has been verified, re-verification of it is not required.

38 Restrictions on use for trade of certain small masses

(1) A mass of 02 metric carat or less, or of 50 mg or less, is exempt from section 7 of the Act (measuring instruments used for trade must be marked).

(2) A person who uses such a mass for trade is guilty of an offence unless the person is the holder of a

r. 37


35

certificate issued by the administering authority or the holder of a licence to the effect that the mass concerned complies with the requirements for verification specified in section 13 of the Act.


39 Dismantling of measuring instrument for testing

(1) If an inspector considers it to be necessary to examine or test a component part of a measuring instrument for the purpose of verifying or re-verifying the instrument and that cannot be done without dismantling the instrument, the inspector may require the owner of the measuring instrument to comply with subregulation (2).

(2) The owner of a measuring instrument complies with this subregulation if the owner—

(a) dismantles the measuring instrument or causes it to be dismantled; or

(b) consents to the measuring instrument being dismantled by the inspector and absolves the inspector from liability for any damage caused in the course of its dismantling or re-assembly.

(3) If the owner fails to comply with subregulation (2) when required to do so by an inspector, the measuring instrument must not be used for trade while the failure continues.


36

(4) An owner who uses a measuring instrument, or who allows a measuring instrument to be used, in contravention of subregulation (3) is guilty of an offence and liable to a fine not exceeding

20 penalty units.

40 Owner to provide and pay for labour etc.

(1) An inspector may direct the owner of a measuring instrument to provide and pay for—

(a) any labour, materials, electricity, equipment, liquid or gas; or

(b) the expeditious transportation to and from the site of the measuring instrument of any test masses, measures or equipment—

required by the inspector for the purpose of verifying or re-verifying the measuring instrument.

(2) If the owner fails to comply with such a direction, the measuring instrument concerned must not be used for trade while the failure continues.

(3) The owner of a measuring instrument while in possession of any test masses, measures or equipment referred to in subregulation (1) is liable for any loss of, or damage to, them and any costs and expenses incurred by the administering authority because of any such loss or damage is recoverable by the administering authority as a debt due by the owner of the measuring instrument.

r. 40


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Division 2—Batch testing and marking

41 Approval for batch testing of glass measures

(1) The administering authority may give a

manufacturer or importer of glass measures written approval for the glass measures to be tested and marked under this Division.

(2) An approval ceases to have effect if it is revoked by the administering authority or if the manufacturer or importer fails—

(a) to comply with any requirements of the administering authority notified in the approval; or

(b) to take reasonable precautions to prevent the commission of an offence referred to in regulation 43; or

(c) to provide and pay for testing facilities as required by the administering authority; or

(d) to make the testing facilities available, without charge, for use by an inspector or licensee in order to carry out tests in accordance with regulation 44; or

(e) to comply with regulation 45 relating to the keeping and examination of records.

42 Approval authorises making of marks

While an approval is in force, the manufacturer or importer is authorised to mark a glass measure with a mark consisting of—

r. 41


38

(a) the inspector's mark specified in the approval or the licensee's mark of the manufacturer or importer; and

(b) the characters specified in the approval as those that are to form part of the approved mark, marked in the size and manner, and in the position on the measure, required by the approval.

43 Restrictions on removal of marked glass measure

(1) This regulation applies to the following persons—

(a) a manufacturer;

(b) an importer.

(2) If a glass measure is removed from the custody of a person to whom this regulation applies after being marked in accordance with an approval, the person is guilty of an offence unless—

(a) the measure is one of a batch that complies with regulation 44; and

(b) an inspector or a licensee has given written approval for the removal of the batch from the custody of the person.


44 Batch testing requirements


39

(1) A batch of glass measures complies with this regulation only if—

(a) at least the appropriate test proportion of the

batch is tested by an inspector or licensee; and

(b) in each such test less than 2 % of the measures tested fail to comply with the requirements of section 13 of the Act for verification or certification.

(2) The appropriate test proportion of a batch of glass measures is the proportion determined by the administering authority from time to time.

(3) A batch of glass measures fails to comply with this regulation if the batch is not accompanied by a histogram detailing the results of tests made on the batch by or on behalf of the manufacturer or importer concerned.

45 Records to be kept and made available

A manufacturer or importer given an approval must—

(a) keep such records relating to glass measures as are specified in the approval; and

(b) make the records available for examination if required to do so by an inspector.

Division 3—Licences and licensees

46 Condition of licence

r. 43


40

It is a condition of a licence that the licensee must do everything that regulations 47 and 48 require be done by the licensee.

47 Licensee to keep certain records or give certain notices

(1) The administering authority may direct a licensee to do any of the following—

(a) make specified records relating to the certification of measuring instruments;

(b) retain those records for at least 2 years after making them;

(c) produce the retained records on demand made by an inspector;

(d) give the administering authority not later than 14 days after certifying a measuring instrument a written notice in an approved form provided that where the administering authority provides a facility for electronic data transfer, the licensee must lodge the records accordingly;

(e) retain a copy of such a notice for at least 2 years after service of the notice;

(f) produce the retained copies on demand made by an inspector.

(2) The licensee must comply with a direction given under subregulation (1).

r. 45


41

(3) A licensee who fails to comply with a direction given under subregulation (1)(d) is guilty of an offence and is liable to a penalty not exceeding 10 penalty units.

48 Notification by licensee of changed particulars

A licensee must notify the licensing authority in writing of—

(a) any change in the address for the service of notices on the licensee; and

(b) the full name and residential address of each person who commences or ceases to be employed by the licensee to certify measuring instruments, and must do so not later than 14 days after the event.

49 Register of licences

For the purposes of section 47 of the Act, the prescribed particulars to be kept in a register by the licensing authority in respect of each licence are the following—

(a) the number of the licence and the date of its issue;

(b) the name of the licensee and the address at which notices may be served personally on the licensee;

(c) particulars of any conditions to which the licence is subject imposed under section 48 of the Act;

r. 48


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(d) such other particulars as the licensing authority thinks desirable.


50 Restrictions on use of measuring instrument for trade

(1) A person is guilty of an offence if—

(a) in using for trade a measuring instrument of an approved pattern designed for measuring a liquid, the person purports to measure anything other than a liquid to which the approved pattern relates; or

(b) in using for trade a measuring instrument held in, or suspended from, the hand, the person purports to measure mass; or

(c) in using for trade a measuring instrument marked for a specific use, the person does so otherwise than in accordance with the marking; or

(d) in using for trade a measuring instrument marked for use with specified proportional masses, the person uses other proportional masses; or

(e) except for factory use or non-retail counter use, the person uses for trade a measuring instrument with a tare bar; or

r. 50


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(f) the person uses a measuring instrument for trade in order to determine mass greater than the mass permitted by the approved pattern for the instrument; or

(g) in using a measuring instrument for trade in order to determine the mass of any therapeutic goods, or the mass of precious metals, the person uses masses other than masses marked "A" (in accordance with a certificate of approval of pattern under the National Measurement Act 1960 of the Commonwealth); or

(h) in using a measuring instrument for trade in order to determine the mass of anything other than precious stones, the person uses metric carat masses.

(2) A person who, on the same premises, is in possession of more than one measuring instrument that is used for trade and is marked for use with proportional masses is guilty of an offence unless the proportional masses are readily identifiable with the measuring instrument on which they were tested.

(3) A person who uses for trade a measuring instrument fitted with a load receptor is guilty of an offence if—

(a) it is one of 2 or more such measuring instruments on the premises and its load receptor is not clearly marked to identify it

r. 50


44

with the measuring instrument on which it is used; or

(b) the load receptor is removable and measures

incorrectly in any position on its supports; or

(c) any latitude of movement of the load receptor on its supports causes it to foul any part of the measuring instrument; or

(d) the load receptor is in the form of a scoop mounted so that a purchaser cannot readily see whether there is any foreign matter in the load receptor.


51 Subdivision of scale spacing

(1) If the scale spacing on a measuring instrument that bears an inspector's mark or a licensee's mark is altered by being subdivided after the inspector's mark or licensee's mark was marked on the instrument—

(a) the person who subdivided the scale spacing is guilty of an offence; and

(b) a person who uses the measuring instrument for trade is guilty of an offence.


r. 51


45

52 Measurement of liquid

(1) If a measuring instrument is used for trade in order to measure a liquid, the person in possession

of the measuring instrument or who makes it available for use for trade is guilty of an offence unless—

(a) the measuring instrument is, at least to the extent necessary for the purpose of permitting proper observation of its operation, artificially illuminated between sunset and sunrise and at any other time when illumination is necessary for that purpose; and

(b) in the case of a flow meter fitted with a zero re-setting device the flow meter is re-set to zero before the commencement of a measurement to be made by its use; and

(c) in the case of a sale of liquid measured by a driveway flowmeter, the existing readings of volume, price per litre and price are not erased until the sale has been completed.


53 Measurement of precious stones


46

(1) A person who, for the purpose of measuring diamonds or other precious stones, uses for trade a measuring instrument that—

(a) has a verification scale interval greater than 10 mg; or

(b) has a capacity of less than 5000 CM and a verification scale interval greater than 001 CM; or

(c) has a capacity of 5000 CM or more and a verification scale interval greater than 005 CM—

is guilty of an offence.


54 Measurement of precious metals

(1) A person who, for the purpose of measuring gold, silver or other precious metals, uses for trade a measuring instrument that has a capacity specified in Column 1 of the Table to this regulation and a verification scale interval greater than that specified in Column 2 opposite the capacity is guilty of an offence.

TABLE

Column 1 Column 2

Less than 1 kg 10 mg1 kg or more but less than 10 kg 100 mg

r. 53r. 54


47

10 kg or more 1 g

(2) A person who is guilty of an offence under this regulation is liable to a penalty not exceeding

20 penalty units.

__________________


48

PART 4—PRE-PACKED ARTICLES

Division 1—Preliminary

55 Exemptions from marking requirements (name, address, measurement)

(1) A package containing an article specified in Schedule 4 is exempt from the operation of Divisions 2 (marking of name and address) and 3 (marking of measurement)—

(a) in the circumstances specified in that Schedule in relation to the article; or

(b) if no circumstances are specified, in all circumstances.

(2) A package is not exempt from the operation of Divisions 2 and 3 merely because it contains 2 or more packages each of which would be exempt under subregulation (1) as separate packages.

(3) However, if an exempt package has a name and address or measurement marked on it, the way the name and address or measurement is marked on the package must comply with these Regulations.

(4) It is not to be assumed that an article described in item 1 under the heading "Textile goods" or "Hardware goods" in Schedule 4 has been packed for sale by measurement merely because it has been packed for sale—

(a) as a single item; or

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49

(b) as a set (except in the case of identical automotive parts); or

(c) as a pair, or as one of a pair, if it is an article

ordinarily described by pairs, or as one of a pair.

(5) An article is not excluded from the description "General goods" in Schedule 4 merely because it could be included in some other description of goods in that Schedule.

56 Exemptions for packages containing paper

(1) A package containing paper that is a package to which this regulation applies—

(a) is exempt from regulations 59 and 61; and

(b) is permitted to be marked with the expression "gross mass" or any other expression that has a similar meaning to that expression.

(2) This regulation applies to a package containing paper if—

(a) it was packed at the factory at which the paper was produced; or

(b) it is packed in a quantity of more than 5 kg; or

(c) it contains at least 500 sheets and is marked with the number of sheets and the dimensions of each sheet.

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50

57 Requirements applicable to both inner and outer packages

A requirement of these Regulations as to the

marking of a package containing a pre-packed article applies to both the immediate package containing the article and any other package containing that package (whether or not with other packages) unless the provision that imposes the requirement otherwise provides.

58 Exemptions for certain inner and outer packages

A requirement of these Regulations as to the marking of a package does not apply to—

(a) any immediate package ordinarily sold only in an outer package that is marked in accordance with the requirement; or

(b) any outer package in which the immediate package is packed only for the purposes of transportation.

Division 2—Marking of name and address

59 Marking of name and address on packages

(1) When a pre-packed article is packed or sold, the package containing the article must be marked with the name and address of the person who

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51

packed the article or on whose behalf it was packed.

(2) That marking must be—

(a) readily visible and legible; and

(b) such as to enable the person named to be identified and located.

(3) The address must be a place in Australia where a document may be served personally on the person.Note

A post office box address is not a place where a document may be served personally.

60 Exemption for packaged seed

(1) Regulation 59 does not apply to—

(a) public-bred agricultural seed that is of a prescribed variety and is packed in a quantity of 10 kg or more; or

(b) public-bred agricultural seed that is not of a prescribed variety and is packed in a quantity of 25 kg or more; or

(c) non-proprietary varieties of horticultural seed packed in a quantity of 25 kg or more.

(2) In this regulation prescribed variety means agricultural seed for Rhodes grass, Molasses grass, Buffel grass, Veldt grass, Brachiaria species, Guinea grass, Hamil grass, Gamba grass, Mitchell grass, Creeping Blue grass and Indian Blue grass.


52

Division 3—Marking of measurement

Subdivision 1—General requirements for measurement marking

61 Requirement to mark measurement

(1) When a pre-packed article is packed or sold, the package containing the article must be marked with a statement of the measurement of the article.

(2) The statement must be such as will be clear, conspicuous, readily seen and easily read when the article is exposed for sale in the manner in which it is likely to be exposed for sale.

62 General position of measurement marking

(1) The measurement marking on a package must be made—

(a) on the main display part of the package; and

(b) if another part of the package is, or other parts of the package are, likely to be displayed instead of the main display part when the article is exposed for sale, on that other part or one of those other parts.

(2) Subregulation (1) does not apply in the case of—

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53

(a) automotive parts; or

(ab) a standard wine package if the measurement marking on the package complies with regulation 62A; or

(b) any other package if the administering authority, by notice published in the Government Gazette, exempts the package from the operation of this regulation and any conditions or restrictions specified in the notice are complied with.

Note

See regulation 77(3).

62A Position of measurement marking on a standard wine package

(1) For the purposes of regulation 62(2)(ab), the measurement marking on a standard wine package must be made on the surface of the package, other than the base or the top, in a way that enables all of the following information about the wine to be seen in a single field of vision—

(a) the statement of the measurement; and

(b) the country of origin; and

(c) the product name or product description; and

Reg. 62(2)(ab) inserted by S.R. No. 142/2008 reg. 4(1).

Reg. 62A inserted by S.R. No. 142/2008 reg. 4(2).


54

(d) the actual alcohol content by volume in percentage terms.

(2) For the purposes of subregulation (1), information

on a standard wine package can be seen in a single field of vision if a person can see the information without having to turn the package.

63 Set-out and form of measurement marking

(1) The required measurement marking must—

(a) be close to, and marked to be read in the same direction as, any name or brand of the article to which it relates; and

(b) be at least 2 mm from the limits of the package and separated by at least 2 mm in all directions from other graphic matter or copy; and

(c) be in a form in which units of measurement under the metric system are ordinarily written in the English language; and

(d) in the case of a decimal sub-multiple, be preceded by a zero or other numeral.

(2) If a package is entirely or substantially cylindrical, spheroidal, conical or of oval cross-section, the measurement marking must, in addition to complying with subregulation (1), be positioned so that no part of the marking is further than one-

r. 62Ar. 63


55

sixth of the circumference of the package from the line that vertically bisects that part of the package on which the marking is required to be made.

(3) For the purposes of subregulation (2), the circumference of a package is the circumference where the measurement marking is made.

64 Size etc. of characters in measurement marking

(1) The characters used in a measurement marking must be—

(a) clear; or

(b) stamped or printed in a colour that provides a distinct contrast with the colour of the background and be of at least the minimum height required by subregulation (2); or

(c) stamped or embossed and be of at least 3 times the minimum height required by subregulation (2); or

(d) marked by an approved printing device in characters at least 3 mm high; or

(e) legibly handwritten, if permitted by subregulation (3).

(2) The minimum height for the characters in a measurement marking is the height specified in

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Column 2 of the Table to this regulation opposite the maximum dimension of the package specified in Column 1 of that Table.

(3) A measurement marking may be legibly handwritten in the following cases—

(a) when the article is packed to be sold on the premises on which it is packed; or

(b) when the package contains cake or is one to which regulation 78 applies; or

(c) when the package contains a roll of ribbon, lace or elastic or other article of haberdashery; or

(d) when the article is, by notice published in the Government Gazette by the administering authority, declared to be an article to which this subregulation applies and any conditions applicable to the packaging of the article and specified in the notice are complied with.

TABLE

Column 1

(Maximum dimension of package)

Column 2(Minimum character

height)

120 mm or under 20 mm


57

Over 120 mm but not over 230 mm 25 mm

Over 230 mm but not over 360 mm 33 mm

Over 360 mm 48 mm

(4) For the purposes of this Table, the maximum dimension of a package is—

(a) if the package is rectangular, the measurement of the breadth, height or length of the package, whichever is the greatest; or

(b) if the package is cylindrical, spheroidal, conical or of oval cross-section, the height, length or maximum diameter of the package, whichever is the greatest.

65 Unit etc. of measurement to be used

(1) Except for an article specifically provided for by subregulation (2), the measurement marking of an article must be expressed as follows—

(a) if the article is ordinarily sold by number, by reference to number;

(b) if the article is ordinarily sold by linear or superficial measurement, by reference to that kind of measurement;

(c) if the article is a liquid, by reference to volume;

(d) if the article is solid (including in the form of powder or flakes), semi-solid or partly solid and partly liquid, and is not included in paragraph (a), by reference to mass.

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(2) The measurement marking of an article of a kind described in Column 1 of Schedule 5 must be expressed by reference to the kind of measurement specified in Column 2 of that

Schedule opposite the description of the article.

(3) A measurement marking (other than in terms of number) must be expressed in terms of a unit of measurement permissible as specified in Schedule 6.

(4) In this regulation, in relation to an article sold by number or lineal or superficial measurement, ordinarily sold means ordinarily sold in Australia by number or lineal or superficial measurement.

66 Fractions, significant figures

(1) If a measurement marking includes a fraction of a unit of measurement, it must be expressed as a decimal sub-multiple of the unit.

(2) Whether a measurement marking is a whole multiple or a sub-multiple, or a combination of both, it must express a degree of accuracy to not more than 3 significant figures.

67 Special provision—marking by approved printing device

If a measurement marking is made by an approved printing device—

(a) the measurement marking may express a degree of accuracy to more than 3 significant figures if the certificate of approval approves

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use of the device to measure the degree of accuracy expressed; and

(b) a measurement marking in terms of mass

made by use of the device in accordance with the certificate of approval may be expressed in terms of grams.

68 Marking by reference to minimum measurement

(1) A marking on the package containing a pre-packed article of the measurement of the article must not be made by reference to minimum measurement unless—

(a) permitted by this regulation (or, in the case of eggs, required or permitted by regulation 69); and

(b) the reference to minimum measurement is marked in the same way as the required measurement marking.

(2) Pre-packed dressed poultry (other than poultry pieces) may be marked with a measurement in terms of minimum mass if—

(a) the mass stated is a whole number multiple of 100 g; and

(b) (except in the case of cooked poultry) the package is also marked, in characters not less than 10 mm in height, with a size number calculated by dividing the stated minimum mass by 100.


60

(3) Pre-packed preserved sausage may be marked with a measurement in terms of minimum mass.

Subdivision 2—Special provision for measurement marking

of certain articles

69 Eggs

(1) Subject to subregulation (2), the measurement marking of a pre-packed article containing eggs must be made by reference to—

(a) the number of eggs in the package; and

(b) the total mass of all the eggs in the package.

(2) The measurement marking of a pre-packed article containing eggs must not include a marking by reference to the minimum mass of each egg unless each egg in the package is at least the marked minimum mass.

70 Articles packed in sheets

Pre-packed aluminium foil, facial tissues, toilet paper and waxed paper are articles that do not require a measurement marking on the package if the number of usable sheets of specified dimensions is marked on the package as if the number and dimensions marked were a measurement marking.

71 Number of pre-packed articles comprising 1 tonne

If 45 or fewer packages of an article that is ordinarily sold by mass have a total mass of

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1 tonne, the measurement marking of the mass of the article may be made on each package by referring to the number of packages to the tonne in such a manner as to imply that the mass of each

package is 1 tonne divided by that number.

72 Bed sheets, tarpaulins and similar articles

(1) The measurement marking relating to bed sheets (not designed as fitted or semi-fitted bed sheets) or other sheets of hemmed fabric material, or tarpaulins, must be expressed in terms of the finished size of the article.

(2) The measurement marking relating to a mattress protector, or a bed sheet designed as a fitted or semi-fitted bed sheet, must be expressed in terms of the suitability of its finished size to fit a mattress of specified dimensions expressed as length width depth.

73 Pairs of window curtains

The measurement marking relating to window curtains designed to cross over when hung in pairs must be expressed in terms of the finished size of the maximum width, and the maximum drop, of each curtain.

74 Marking of width or thickness if it directly affects price

r. 70 r. 73


62

If a measurement marking may be made in terms of the length of an article, the marking must include any measurement of the thickness or width of the article, or both, that bears a direct

relationship to the price of the article.

Subdivision 3—Special provision concerning measurement marking of outer packages

75 Package containing packages of articles of the same kind and measurement

(1) This regulation applies to 2 or more pre-packed articles of the same kind and apparently with the same measurement—

(a) each of which is separately packed in its own package (an inner package); and

(b) all of which are also packed together in another package (the outer package).

(2) The measurement marking on the outer package may—

(a) state the total measurement of all the articles in the outer package; or

(b) state (as if it were a measurement marking) the number of packages in the outer package and the measurement of each of them.

(3) A measurement marking need not be marked on the outer package if—


63

(a) the outer package contains not more than 8 inner packages; and

(b) the inner packages are ordinarily sold only

while in the outer package; and

(c) the whole or part of the outer package is transparent and the measurement marking on each of the inner packages is clearly visible through the packaging of the outer package.

76 Inner and outer packages of single article

(1) This regulation applies to a pre-packed article consisting of an article contained in a package (the inner package) that is contained in another package (the outer package).

(2) A measurement marking need not be marked on the outer package if—

(a) the inner package is ordinarily sold only while in the outer package; and

(b) the whole or part of the outer package is transparent and the measurement marking on the inner package is clearly visible through the packaging of the outer package.

77 Package containing articles of different kinds or different measurements

(1) This regulation applies to a pre-packed article consisting of a package (the outer package) containing at least 2 articles of which at least 1 is

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a pre-packed article, but does not apply in a case to which regulation 75 applies.

(2) None of the articles in the outer package is required to be marked with a measurement marking if—

(a) all the articles in the outer package are ordinarily sold only while in the outer package; and

(b) the outer package is marked in the same way as a measurement marking with a description of each article in the outer package and a statement of its measurement.

(3) The provisions of regulation 62 as to the position of a measurement marking do not apply to a marking referred to in subregulation (2)(b) if the packaging of the outer package is transparent and all the articles it contains are clearly visible through it.

Subdivision 4—Other markings concerning measurement

78 Unit price marking—retail sales of certain foods by mass

(1) This regulation applies to pre-packed—

(a) fruit, other than whole fruit, priced according to mass; and

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65

(b) dried or dehydrated fruit; and

(c) dried or dehydrated mixed fruit; and

(d) vegetables, other than whole vegetables,

priced according to mass; and

(e) mushrooms; and

(f) cheese or cheese products; and

(g) dressed poultry not marked in terms of minimum mass in accordance with regulation 68; and

(h) fish, including crustaceans; and

(i) meat; and

(j) smallgoods, including bacon, corned beef and ham.

(2) When a pre-packed article to which this regulation applies is sold, the package containing the article must, in addition to being marked with the measurement of the article, be marked with its total price and price per kilogram unless, for the sale, the package is exposed—

(a) in or on a receptacle on or immediately adjacent to which the total price and price per kilogram of the article is displayed—

(i) in characters at least 10 mm high; and

(ii) where that price can be readily seen and easily read; or

(b) in a display of packages each marked—

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66

(i) as containing the same article; and

(ii) with the same measurement of the article.

Example

An example of a display of packages referred to in paragraph (b) is a display of packages each of which is marked as containing a particular kind of cheese and marked with a measurement of 250g.

(3) The marking on a package required by this regulation must be made as if it were a measurement marking.

(4) This regulation does not apply to a pre-packed article if—

(a) it is sold for resale; or

(b) the package containing the article is a rigid container.

Division 4—Prohibited and restricted expressions

79 Marking of "mass when packed"

(1) This regulation applies to bar soaps, cotton wool, flax, glauber salts, jute, manila, fresh mushrooms, oven-baked animal biscuits, personal deodorant tablets, personal soap tablets (medicinal or toilet), sisal, soap flakes, soap powder (excluding detergent powders), tobacco, washing soda and whole hams.

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67

(2) Pre-packed articles of the kind to which this regulation applies that are not packed in a hermetically sealed package may be marked "mass when packed", or with other words that

have a similar meaning to those words, if they are marked in the same way as the appropriate measurement marking.

80 Marking of "mass at standard condition"

A package containing pre-packed yarn or cotton wool that is not an hermetically sealed package may be marked with the words "mass at standard condition" or with other words that have a similar meaning to those words if—

(a) the words are marked in the same way as the appropriate measurement marking; and

(b) where the yarn or cotton wool is composed of a mixture of fibres, the package is also marked in the same way as the appropriate measurement marking with a correct statement of the proportion by mass of each of the kinds of fibre of which the yarn or cotton wool is composed.

81 Restrictions on use of "gross mass"

(1) For the purposes of section 30 of the Act, the expression "gross mass" and any other expression

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68

that has a similar meaning to that expression are restricted expressions.

(2) A package may be marked with a restricted

expression only if permitted by regulation 56 or if—

(a) the package is used only for the purpose of transporting an article; and

(b) the expression is immediately followed by the words "for transport purposes only" and a statement of the appropriate quantity; and

(c) immediately below or following the expression the net mass is marked and designated as such or stated as a net amount in words that correspond to those used to express the gross amount.

82 Prohibited expressions

For the purposes of section 30 of the Act, the following are prohibited expressions—

(a) any expression, other than a marking required or permitted by the Act, that directly or indirectly relates to or qualifies a measurement marked on the package;

(b) a statement that directly or indirectly relates or refers to the measurement of the article or any ingredient or component of the article, or of any source from which the article is derived, if the statement cannot be tested for truth by testing the article.


69

Division 5—Short measure

83 Extent of deficiency necessary to constitute short measure

(1) This Division makes provision for the deficiency in actual measurement and average measurement of pre-packed articles permitted under section 33 of the Act before the actual measurement of a pre-packed article is to be regarded as being less than the measurement marked on the package.

(2) In this Division—

permissible actual deficiency means the deficiency in actual measurement permitted for the purposes of section 33(1)(a) of the Act;

permissible average deficiency means the deficiency in the average of the actual measurements of a number of like articles permitted for the purposes of section 33(1)(b) of the Act.

84 Articles marked "mass when packed" or with words that have similar meaning

If the package containing a pre-packed article is, in accordance with regulation 79, marked "mass when packed" or with other words that have a similar meaning to those words—

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(a) the permissible actual deficiency, if measured on the day the article is packed, is a deficiency of 5 %; and

(b) the permissible average deficiency, if measured on the day the article is packed, is nil; and

(c) the permissible actual deficiency, if measured after the day the article is packed, is the deficiency specified in Column 2 of the Table to this regulation opposite the description of the article in Column 1 of that Table; and

(d) the permissible average deficiency, if measured after the day the article is packed, is the deficiency specified in Column 3 of the Table to this regulation opposite the description of the article in Column 1 of that Table.

TABLE—PERMISSIBLE DEFICIENCIES AFTER DAY OF PACKING

Column 1

(Description of article)

Column 2(Permissible actual deficiency)

Column 3(Permissible average deficiency)

Bar soaps 21% 16%

Cotton wool 7% 2%

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Column 1

(Description of article)

Column 2(Permissible actual deficiency)

Column 3(Permissible average deficiency)

Flax 8% 3%

Glauber salts 7% 2%

Jute 9% 4%

Manila 8% 3%

Mushrooms (Fresh) 18% 13%

Oven-baked animal biscuits

9% 4%

Personal deodorant tablets

12% 7%

Personal soap tablets (medicinal or toilet)

11% 6%

Sisal 8% 3%

Soap flakes 10% 5%

Soap powder (excluding detergent powders)

15% 10%

Tobacco 10% 5%

Washing soda 7% 2%

Whole hams 7% 2%

85 Articles marked "mass at standard condition"


72

(1) If the package containing a pre-packed article is, in accordance with these Regulations, marked "mass at standard condition" or with other words that have a similar meaning—

(a) the permissible actual deficiency is the deficiency specified in Column 2 of the Table to this regulation opposite the description of the class of article in Column 1 of that Table; and

(b) the permissible average deficiency is the deficiency specified in Column 3 of the Table to this regulation opposite the description of the class of article in Column 1 of that Table.

(2) If the article consists of a mixture of any 2 or more of class A, B or C fibres (as described in Column 1 of the Table to this regulation)—

(a) the permissible actual deficiency is the deficiency, expressed as a percentage, calculated in accordance with the formula 6x + 2y + 5; and

(b) the permissible average deficiency is the deficiency, expressed as a percentage, calculated in accordance with the formula 6x + 2y—

where—

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73

x is the proportion that the mass of all class A fibre (if any) in the article bears to the total mass of the article; and

y is the proportion that the mass of all class B fibre (if any) in the article bears to the total mass of the article.

TABLE

Column 1

(Class of article)

Column 2 (Permissible actual deficiency)

Column 3 (Permissible average deficiency)

Class A fibre (wool or other animal fibre, viscose or cuprammonium rayon, or a mixture of any 2 or more of them)

11% 6%

Class B fibre (silk, cotton or cellulose acetate or a mixture of any 2 or more of them)

7% 2%

Class C fibre (a fibre, or a mixture of fibres, that is not a Class A or Class B fibre).

5% 0%

86 Other pre-packed articles

If the package containing a pre-packed article is not one to which regulation 84 or 85 applies—

(a) the permissible actual deficiency is 5%; and

(b) the permissible average deficiency is nil.

87 Method of determining average measurement

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74

(1) For the purposes of this Division, the average of the actual measurements of a number of like articles must be determined by calculating the average of the measurements of the contents of at

least 12 packages or, if less than 12 are available, of such number (not less than 6) as are available.

(2) If more than 12 packages are available, the actual number to be tested must be as determined by an inspector.

(3) Each of the packages measured must be of the same kind and have the same measurement marking and must be selected by an inspector without having been measured by an inspector.


88 Mass of frozen pre-packed scallops

For the purposes of the Act, the mass of frozen scallops packed as a pre-packed article must be determined as follows—

(a) measure and record the mass of an appropriate perforated container;

(b) place the entire contents of the package into a suitable impermeable bag;

(c) suspend or immerse the bag in running water until the contents have thawed;

(d) empty contents into the perforated container;

(e) drain the perforated container and the contents until minimal drip loss is recorded;

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75

(f) measure and record the mass of the perforated container plus contents;

(g) subtract the mass of the perforated container

from the mass of the perforated container and contents to obtain the net mass of the contents.

89 Application for permit to sell certain articles

An application for a permit under section 38 of the Act for the sale of an article must—

(a) be made to the administering authority in writing signed by or on behalf of the applicant; and

(b) specify the grounds in section 39 of the Act that are relied on by the applicant; and

(c) give particulars of the facts justifying reliance on those grounds.

__________________

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PART 5—MISCELLANEOUS

Division 1—Articles sold by reference to measurement

90 Beer, spirits to be sold by volume

(1) Beer, stout, ale, brandy (including cognac and armagnac), gin, rum, vodka and whisky (whiskey) are prescribed as articles to which section 26 of the Act applies.

(2) For the purposes of section 26, a sale of a quantity of an article prescribed by subregulation (1) is required to be at a price determined by reference to the volume of the quantity.

91 Offer etc. for sale by reference to measurement

(1) This regulation does not apply to—

(a) pre-packed articles; or

(b) wine, spirits, beer, porter, stout, ale, cider, perry, mead or any other spirituous or fermented liquor; or

(c) diamonds or other precious stones.

(2) A person who advertises, offers or exposes an article for sale at a price determined by reference to measurement (being mass, volume, linear measurement or superficial measurement) is guilty of an offence, and is liable to a penalty not exceeding 20 penalty units, unless the measurement is—

(a) in the case of mass—

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77

(i) 1 kilogram; or

(ii) 1 kilogram, with another reference to an integral number of kilograms; or

(iii) an integral number of tonnes; or

(iv) if the article is a precious metal—1 gram or 1 troy ounce; or

(b) in the case of volume—

(i) 1 litre; or

(ii) 1 litre, with another reference to an integral number of litres; or

(iii) an integral number of cubic metres; or

(c) in the case of linear measurement—

(i) 1 centimetre; or

(ii) 1 metre; or

(iii) 1 metre, with another reference to an integral number of metres; or

(d) in the case of superficial measurement—

(i) 1 square centimetre; or

(ii) 1 square metre; or

(iii) 1 square metre, with another reference to an integral number of square metres—

or is a measurement authorised by subregulation (3).

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78

(3) The length, width, thickness, diameter or other linear measurement of an article specified in the Table to this regulation may be advertised, offered or exposed for sale by the millimetre, centimetre

or metre.TABLE

Carpets Hardboard

Ceramic tiles Particle board

Chain Plastic mouldings

Cord Plywood

Cordage Resin laminates

Electrical cable Rope

Electrical flex Rubber material

Fabrics Rubber mouldings

Floor coverings Sheet glass

Textiles Timber

Textile products (other than ready-made clothing)

VeneersWire netting

Division 2—Sale of fuel by reference to measurement by volume

92 Regulation of sale of fuel by reference to measurement by volume

(1) A person must not sell fuel by reference to the measurement of its volume unless the sale is at a price determined by reference to the volume of the

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79

fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15C.


(2) However, subregulation (1) does not apply to the following sales of fuel—

(a) a retail sale;

(b) a wholesale sale if—

(i) the wholesale sale happens immediately before, or at the same time as, a retail sale of the fuel; and

(ii) the volume of the fuel, as measured for the wholesale sale, is the same as the volume of the fuel as measured for the retail sale;

(c) a wholesale sale if—

(i) before the wholesale sale the fuel—

(A) was moved, in any way, from a primary storage facility to a fixed storage facility at another location; and

(B) was unloaded into the fixed storage facility for further

r. 92


80

distribution or for further sale and distribution; and

(ii) for the movement, the fuel was

measured by reference to the volume of the fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15C;

(d) a wholesale sale (the relevant sale) if—

(i) the relevant sale happens immediately before or after, or at the same time as, another wholesale sale of the fuel; and

(ii) before the relevant sale the fuel—


(B) was unloaded into the fixed storage facility for further distribution or for further sale and distribution;

(e) a wholesale sale if—

(i) before the wholesale sale the fuel—



81

(B) was unloaded into the fixed storage facility for further distribution or for further sale and distribution; and

(ii) after the fuel was at the primary storage facility but before the wholesale sale, the fuel was not the subject of another sale.

(3) In this regulation—

business entity means an entity that operates a business, other than a fuel business;

co-operative entity includes an entity that is a buying group for its members;

diesel fuel means any fuel commonly known as diesel, diesel oil, distillate, automotive diesel fuel, automotive diesel oil or automotive distillate;

fixed storage facility means a facility, other than a primary storage facility, at which fuel is unloaded and from which fuel is reloaded for further distribution or further sale and distribution;

fuel means petrol, or diesel fuel, that a person would reasonably consider is ultimately intended for automotive consumption;

primary storage facility means—

(a) an oil refinery; or

(b) a shipping facility; or

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82

(c) a facility connected by product transfer pipeline to an oil refinery or to a shipping facility; or

(d) a facility connected by product transfer pipeline to a distribution facility mentioned in paragraph (c);

retail sale of fuel, means a sale to any of the following—

(a) an entity that purchases the fuel only for its own consumption;

(b) a business entity that purchases the fuel for either or both of the following purposes—

(i) for its own consumption;

(ii) for resale to its staff or contractors for consumption by the purchasing staff or contractors;

(c) a co-operative entity that purchases the fuel only for resale to its members for consumption by the purchasing members;

shipping facility means a facility where fuel may be supplied by ship.

__________________

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PART 6—GENERAL

93 Certification fees

(1) The holder of a servicing licence is to pay to the administering authority the appropriate fees specified in Schedule 7 in respect of the certification of a measuring instrument by the licensee under the Trade Measurement (Administration) Act 1995.

(2) A fee is payable no later than one month after the end of the month during which the certification of a measuring instrument is undertaken and is to be forwarded to the administering authority.


94 Licence fees and other fees and charges

(1) The appropriate fees specified in Schedule 8 are payable to the licensing authority.

(2) The appropriate fees and charges specified in Schedule 9 are payable to the administering authority.

95 Periodic licence fee

(1) For the purposes of section 52(1)(b) of the Act, the period for which a periodic licence fee is payable in respect of a servicing licence is the

r. 93

Reg. 95 amended by S.R. No. 38/2008 reg. 9(1)(2) (ILA s. 39B(2)).


84

period of 12 months commencing on each anniversary of the day the licence was issued.

(2) For the purposes of sections 50(1)(aa)(i) and 52(1)(b) of the Act, the period for which a combined periodic fee is payable in respect of a public weighbridge licence and a suitability statement is the period of 12 months commencing on each anniversary of the day the licence was issued.

96 Prescribed offences and penalties

(1) For the purposes of section 18 of the Trade Measurement (Administration) Act 1995, an offence against a provision of the Trade Measurement Act 1995 or these Regulations specified in Schedule 10 is a prescribed offence.

(2) For the purposes of section 21 of the Trade Measurement (Administration) Act 1995, the amount specified in Schedule 10 in respect of such an offence specified under subregulation (1) is the prescribed amount of penalty for that offence.

97 Revocation of spent amendment statutory rules

The following statutory rules are revoked—

Reg. 95(2) inserted by S.R. No. 38/2008 reg. 9(2).

r. 96


85

(a) the Trade Measurement (Amendment) Regulations 20021;

(b) the Trade Measurement (Fuel Measurement)

Regulations 20022.

__________________


86

PART 7—TRANSITIONAL PROVISIONS

98 Certificates of suitability

(1) This regulation applies to an application for a certificate of suitability for a weighbridge if the application was made but not decided before 1 July 2008.

(2) If the fee payable under regulation 16, as in force immediately before 1 July 2008, was paid, regulation 17, as in force on that date, applies to the application for a certificate of suitability as if it were an application for a weighbridge suitability statement.

99 Suspension of certificates of suitability

A suspension of a certificate of suitability for a public weighbridge under regulation 19, as in force immediately before 1 July 2008, continues to have effect on and after that date as a suspension of a weighbridge suitability statement for the weighbridge's public weighbridge licence until the first of the following happens—

Pt 7 (Heading and regs 98–101) inserted by S.R. No. 38/2008 reg. 10.

Reg. 98 inserted by S.R. No. 38/2008 reg. 10.

r. 98



87

(a) the suspension is withdrawn or ends; or

(b) the public weighbridge licence to which the certificate of suitability relates is cancelled or surrendered.

100 Display of licence

(1) This regulation applies if a particular public weighbridge is taken to be licensed under a separate public weighbridge licence by virtue of section 83(2) of the Act.

(2) Until the administering authority issues to the licensee a copy of a licence for the public weighbridge with a weighbridge suitability statement written on it, regulation 20(1)(a) as in force on 1 July 2008, is deemed to have been complied with if the licensee displays the certificate of suitability that was—

(a) issued for the weighbridge under regulation 20 as in force immediately before 1 July 2008; and

(b) in force immediately before 1 July 2008.

101 Prescribed forms

(1) This regulation applies despite the revocation of Schedules 1 and 2.



r. 101


88

(2) Until 1 July 2009, it is deemed to be sufficient compliance with a provision requiring the use of an approved form for a licensee or operator to use instead a form (a prescribed form) complying

with Schedule 1 or 2 as in force immediately before 1 July 2008.

(3) If the licensee or operator uses a prescribed form, the licensee or operator must complete the form in accordance with these Regulations as in force immediately before 1 July 2008.

__________________


89

SCHEDULES

* * * * *

__________________

Sch. 1

Schs 1, 2 revoked by S.R. No. 38/2008 reg. 11.


90

SCHEDULE 3

(Regulation 25)

PUBLIC WEIGHBRIDGE OPERATOR'S DUTIES

1 Completion and issue of measurement tickets

(1) The operator must not complete a measurement ticket other than to comply with these Regulations.

(2) When a measurement is made for a person, the operator must as soon as practicable complete an original measurement ticket in the approved form and then immediately issue a copy measurement ticket in the approved form to the person.

(3) Without limiting the particulars to be included in a measurement ticket, when completing the ticket the operator must—

(a) if the measurement is only a measurement of the tare mass of a vehicle, indicate clearly on the measurement ticket that the measurement is of the tare mass of the vehicle; or

(b) if the measurement is only a measurement of the gross mass of a vehicle, animal or any other thing, indicate clearly on the

Sch. 3 substituted by S.R. No. 38/2008 reg. 12.

Sch. 3


91

measurement ticket that the measurement is of the gross mass of the vehicle, animal or thing; or

(c) if the measurement is a measurement made for 2 or more linked but separately registered vehicles, include on the measurement ticket the registration letters and figures for all vehicles; or

(d) if the measurement is a measurement of a load on a vehicle, include on the measurement ticket the measurement of the load supported by all of the axles of the vehicle.

2 Correction of mistakes

If the operator makes a mistake in completing a measurement ticket that is in a book or pad of tickets and the operator becomes aware of the mistake before issuing the copy measurement ticket, the operator—

(a) must immediately cancel the original measurement ticket and any copy of it; and

(b) must not remove the original measurement ticket or any copy of it from the book or pad.

3 Restriction on additional information on measurement ticket

Sch. 3


92

(1) The operator must not, without reasonable excuse, issue a completed copy measurement ticket that has anything on it that is not required by these Regulations or an approved form.

(2) Subclause (1) does not prevent—

(a) the following being printed on a measurement ticket—

(i) the licensee's business name, address or logo;

(ii) if the measurement ticket is also a tax invoice under the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, anything else necessary for the ticket to be a tax invoice; or

Example

An Australian Business Number.

(b) additional information being written in the margin, at the bottom or on the back of the measurement ticket if the information is consistent with, and does not qualify the meaning or accuracy of, the information required to be on the ticket.

4 Measurement of vehicle in 2 weighings—unloaded then loaded

(1) This clause applies if the driver of an unloaded vehicle advises the operator that the vehicle is to be loaded within 24 hours and requests the

Sch. 3


93

operator to measure the tare mass of the vehicle and the gross mass of the vehicle in 2 weighings.

(2) The operator must measure the tare mass of the

vehicle and partially complete a measurement ticket for the measurement by including the tare mass on the ticket but must not issue the partially completed copy measurement ticket.

(3) If the vehicle returns to the weighbridge with its load within 24 hours after the measurement of tare mass is made and the driver requests a measurement of the gross mass of the vehicle, the operator must measure its gross mass, complete the partially completed measurement ticket, and issue the copy measurement ticket.

(4) If the vehicle does not return with its load within the 24 hours, the operator must—

(a) issue a completed measurement ticket for the tare mass of the vehicle if within 72 hours after the measurement is made a measurement ticket is requested by—

(i) the driver; or

(ii) a person who the operator is satisfied is authorised to make the request; or

(b) if no request mentioned in paragraph (a) is made within 72 hours after the measurement is made, cancel the partially completed measurement ticket at the end of that period.


94

5 Measurement of vehicle in 2 weighings—loaded then unloaded

(1) This clause applies if the driver of a loaded

vehicle advises the operator that the vehicle is to be unloaded within 24 hours and requests the operator to measure the gross mass of the vehicle and the tare mass of the vehicle in 2 weighings.

(2) The operator must measure the gross mass of the vehicle and partially complete a measurement ticket for the measurement by including the gross mass on the ticket but must not issue the partially completed copy measurement ticket.

(3) If the vehicle returns to the weighbridge unloaded within 24 hours after the measurement of gross mass is made and the driver requests a measurement of the tare mass of the vehicle, the operator must measure its tare mass, complete the partially completed measurement ticket, and issue the copy measurement ticket.

(4) If the vehicle does not return unloaded within the 24 hours, the operator must—

(a) issue a completed measurement ticket for the gross mass of the vehicle if within 72 hours after the measurement is made a measurement ticket is requested by—

(i) the driver; or

(ii) a person who the operator is satisfied is authorised to make the request; or

Sch. 3


95

(b) if no request mentioned in paragraph (a) is

made within 72 hours after the measurement is made, cancel the partially completed measurement ticket at the end of that period.

6 Issue of measurement ticket for axle load measurement

(1) This clause applies if a measurement to be made is not an end-and-end measurement but is only for the purpose of issuing a copy measurement ticket showing each load supported by separate axles, or groups of axles, of a vehicle.

(2) The operator may make the measurement only if—

(a) the approaches to the weighbridge have a smooth and level surface that—

(i) is paved with concrete or an approved material; and

(ii) is in the same horizontal plane as the top of the platform or platforms; and

(b) the perimeter of the approaches is clearly indicated by painted marks or in another approved way; and

(c) while the measurement is being made—

(i) the wheels on one or more of the axles are always on the platform or platforms

Sch. 3


96

and the wheels on the other axles are always within the indicated perimeter of the approaches; and

(ii) the brakes, gears, and anything else capable of restricting the free movement of the vehicle are disengaged.

7 Issue of copies of measurement tickets

(1) This clause applies if—

(a) a relevant person requires an operator to give the person a copy of an original measurement ticket for a measurement that has already been made; and

(b) the requirement is made during the preservation period or the original measurement ticket is otherwise still available.

(2) On payment to the operator of the licensee's fee for providing the copy, the operator must give the relevant person a copy of the original measurement ticket, clearly marked as a copy measurement ticket.

(3) A copy of an original measurement ticket must include the same particulars as the original measurement ticket of which it is a copy.

Sch. 3


97

(4) A copy of an original measurement ticket may be—

(a) a photocopy; or

(b) a copy measurement ticket; or

(c) a copy of a form of measurement ticket completed for the purpose of creating the copy and numbered with the number of the measurement ticket of which it is a copy; or

(d) a printed version of a measurement ticket that was generated electronically.

(5) A copy of an original measurement ticket must not be made in a way that creates an original measurement ticket for the purpose of issuing the copy.

(6) Despite subclause (5), the form of an original measurement ticket from a book or pad of measurement tickets may be used to create a copy as mentioned in subclause (4)(c).

(7) If the form of an original measurement ticket is used to create a copy as mentioned in subclause (4)(c), the original measurement ticket as created must be kept for at least one year after the copy is created.

(8) In this clause—

relevant person means—

(a) an inspector; or


98

(b) a buyer or seller of goods that have been measured on the weighbridge; or

1 Reg. 97(a): S.R. No. 53/2002.2 Reg. 97(b): S.R. No. 112/2002.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2006 is $10.75. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2006 is $107.43

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government


99

(c) any other person who has an interest in goods that have been measured on the weighbridge.Example

A person whose goods were on a truck being driven by another person when the goods were weighed has a genuine interest in the goods.

8 Inspector may require measurement to be made

(1) An inspector may require an operator to make a measurement of a loaded or unloaded vehicle.

(2) The operator must comply with the inspector's requirement.

(3) No fee is payable for the measurement.

(4) In this section—

fee includes charge.

__________________

Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Sch. 3


100

SCHEDULE 4

(Regulation 55)

EXEMPTIONS FROM MARKING

Textile goods

1 Textile, wearing apparel and other similar articles that are not packed for sale by measurement and are not ordinarily so sold.

2 Textiles that are—

(a) packed for sale by mass and are sold in packages each containing more than 4 kg; or

(b) packed for sale by length and are sold in packages each containing more than 25 m; or

(c) packed for sale by area and are sold in packages each containing more than 25 m2.

Food goods

1 Any agricultural produce grown and packed on the same property by the grower and sold by mass in sacks of more than 25 kg gross mass.

2 Confectionery, nuts, popcorn, potato crisps and savouries that are—

(a) packed on premises for sale on those premises if the package is displayed for sale on those premises in a receptacle that bears a statement that can be readily seen and easily read in characters not less than 10 mm high of the mass and of the price of the

Sch 4


101

contents of the package and if the mass of the contents does not exceed 200 g; or

(b) packed in or with another article if the value of

the combined articles is substantially represented by that other article.

3 Confectionery packed singly in a novelty shape and an Easter egg packed singly.

4 Honey in the comb in original frames.

5 Hay.

6 Ice-cream packed in a quantity less than 200 ml.

7 Kippers.

8 Pies or pasties made for use as an individual serve of which the mass is less than 250 g.

9 Cakes, puddings and sponges packed singly in a quantity less than 125 g.

10 Alcoholic liquors packed in a quantity more than 10 L.

Medicinal and toilet goods

1 Therapeutic goods, being goods the sale or supply of which to the public is prohibited by law except on the written prescription of a person recognized by law as competent to prescribe them.

2 A toilet preparation in a compact and a refill of such a preparation.

3 Single application hair dyes or hair bleaches or single application home permanent hair waving kits.

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4 Vaccine packed in a quantity less than 25 ml or a single dose of any substance packed in a vial or ampoule for sale for use as an injection.

Hardware goods

1 Articles of hardware that are not packed for sale by measurement and are not ordinarily so sold.

2 Tinters or colouring agents for use in paint that are packed in a quantity less than 100 g or 100 ml.

3 Colouring material in a package on which is marked directions for mixing it, or a specified quantity of it, with a specified type and volume of paint—if the quantity of the material to be mixed does not exceed 10 % of the volume of the paint with which it is to be mixed.

General goods

1 Articles ordinarily sold by number that are packed in a quantity of less than 9 in a package made wholly or partly of transparent material so that when the package is exposed for sale the number of articles contained in the package is readily apparent to a purchaser.

2 An article of which the mass exceeds 75 kg or the volume exceeds 150 L.

3 An article packed in a quantity less than 15 g or 15 ml other than adhesives, dried vegetables and freeze-dried vegetables, herbs, instant tea, pepper and other spices, therapeutic goods and tobacco.

4 Fire extinguisher refills.

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103

5 Photographic film and photographic printing paper.

6 A bag of clay.

7 Fish bait.

8 Garden landscape material, including pine-bark feature mix, pine-bark nuggets, pre-planted mushroom spawn, tree-bark, any article that is or contains compost, farmyard manure, garden peat, leaf mould, peat moss, sphagnum moss, tan bark or other like substance.

9 Artists' paint packed in a quantity less than 100 g.

10 Candles.

11 Legume seed inoculants.

12 A pre-packed article sold as authorised by Division 2 of Part 5 or the Act.

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SCHEDULE 5

(Regulation 65)

EXPRESSION OF MEASUREMENT MARKING

Column 1(Description of article)

Column 2(Kind of measurement permissible)

Acids in liquid form mass or volume

Aerosol products mass

Compressed or liquefied gases mass or equivalent volume (cubic metres or litres) at stated temperature and pressure

Cream and cream substitutes volume

Fencing wire length

Flavouring essences mass or volume, if the quantity is not less than 500 g

Heavy residual fuel oil, industrial diesel fuel and furnace oil

mass or volume

Honey, malt extract, golden syrup and treacle

mass

Ice-cream volume

Linseed oil and other vegetable oils

volume if the quantity is not more than 5 L; mass or volume if the quantity is more than 5 L

Liquefied petroleum gas mass

Liquid chemicals mass or volume

Paint (other than paste paint), varnish and varnish stains

volume

Paste paint mass

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105

Column 1(Description of article)

Column 2(Kind of measurement permissible)

Perfume compounds mass or volume, if the quantity is not less than 500 g

Perlite mass or volume

Pet litter and similar products mass or volume

Resins mass or volume

Rope, cord and line—

(a) of a diameter less than 15 mm

length and mass per specified length

(b) of a diameter of 15 mm or more

length and diameter

Skin cream in jars mass or volume

Tomato sauce volume

Toothpaste mass

Twines, twists and lashings length and mass per specified length

Yoghurt mass

__________________

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SCHEDULE 6

(Regulation 65)

PERMISSIBLE UNITS OF MEASUREMENT

1 Mass

If the measurement marking is to be expressed in terms of mass, the permissible units of measurement are as follows—

(a) kilogram is permissible in all cases;

(b) gram is also permissible if the mass does not exceed 1000 grams;

(c) milligram is also permissible if the mass does not exceed 1000 milligrams.

2 Volume

If the measurement marking is to be expressed in terms of volume, the permissible units of measurement are as follows—

(a) litre, decilitre or centilitre is permissible for liquids in all cases;

(b) cubic metre is permissible for solids in all cases;

(c) millilitre is also permissible in the case of a liquid if the volume does not exceed 1000 millilitres;

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(d) cubic centimetre is also permissible in the case of a solid if the volume does not exceed 1000 cubic centimetres.

3 Linear measurement

If the measurement marking is to be expressed in terms of linear measurement, the permissible units of measurement are as follows—

(a) metre is permissible in all cases;

(b) centimetre is also permissible if the length does not exceed 100 centimetres;

(c) millimetre is also permissible if the length does not exceed 1000 millimetres;

(d) millimetre is also permissible in the case of paper lengths not exceeding 10 000 millimetres, building material in sheet form and coated abrasive belts;

(e) millimetre is also permissible in the case of an article if it was customary before these Regulations commenced to express the linear measurement of the article in millimetres.

4 Superficial measurement

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If the measurement marking is to be expressed in terms of superficial measurement, any unit of superficial measurement is permissible.

5 Mass per specified length

If the measurement marking is to be expressed in terms of mass per specified length, the permissible units of measurement are grams, or kilograms, for mass and metres for length.

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SCHEDULE 7

(Regulation 93)

CERTIFICATION FEES

Area Measuring Instruments 3 fee units

Belt Conveyor Weighing Instruments 353 fee units

Beverage Measuring Instruments 06 fee units

Control Systems connected to Liquid Measuring Instruments

3 fee units

Dimensional Measuring Instruments 3 fee units

Dimensional Measuring and Weighing Instruments 49 fee units

Length Measures (rigid and flexible) 06 fee units

Length Measuring Instruments 3 fee units

Liquid Measuring Instruments (includes fuel dispensers) with a maximum flowrate not exceeding 100 L/min or 01 m3/min.

36 fee units

Liquid Measuring Instruments (includes fuel dispensers) with a maximum flowrate exceeding 100 L/min or 01 m3/min.

49 fee units

Measures of volume over 200 L or 02 m3 (including farm milk tanks, vehicle tanks and brim measures for flowable solids)

85 fee units

Weighing Instruments up to and including 30 kg capacity 3 fee units

Weighing Instruments over 30 kg up to and including 300 kg capacity

49 fee units

Weighing Instruments over 300 kg up to and including 3000 kg capacity

219 fee units

Weighing Instruments over 3000 kg capacity 353 fee units

Sch. 7


110

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111

SCHEDULE 8

(Regulation 94)

SERVICING LICENCE FEES

Application fee for a servicing licence 56 fee units

Periodic fee for a servicing licence 48 fee units

Fee for the issue of an amended licence 3 fee units

Fee for the issue of a duplicate licence 3 fee units

PUBLIC WEIGHBRIDGE LICENCE FEES

Application fee for a public weighbridge licence 56 fee units

Application fee for a weighbridge suitability statement 55 fee units

Combined periodic fee for a public weighbridge licence and a new weighbridge suitability statement, where the licensee holds:

one licence 225 fee units

two licences 14 fee units

three licences 112 fee units

four or more licences 98 fee units

Fee for the issue of an amended public weighbridge licence for a weighbridge with a weighbridge suitability statement on it

3 fee units

Fee for the issue of a duplicate weighbridge licence with 3 fee units

Sch. 8 substituted by S.R. No. 38/2008 reg. 13.

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a weighbridge suitability statement on it

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113

SCHEDULE 9(Regulation 94)

OTHER FEES AND CHARGES

Charge payable by the owner of a measuring instrument for the examination and testing of the measuring instrument by an inspector

55 fee units per hour or part thereof

__________________

Sch. 9 amended by S.R. No. 38/2008 reg. 14.

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SCHEDULE 10(Regulation 96)

PRESCRIBED OFFENCES AND PENALTIES

ItemNo. Offence

Penaltyunits

Offences under the Trade Measurement Act 1995

1 Section 7(1)—use for trade an unmarked weighbridge or other unmarked measuring instrument 6

2 Section 7(2)—use for trade a weighbridge not complying with the requirements of the relevant regulations 6

3 Section 7A—use for trade a class 4 measuring instrument being a weighbridge other than for a prescribed purpose 54

4 Section 7A—use for trade a class 4 measuring instrument not being a weighbridge other than for a prescribed purpose 21

5 Section 7B—use a measuring instrument for measuring pre-packed articles without having at least 1 approved, compliant and suitable measuring instrument on the packing premises 21

6 Section 8(1)—use for trade an incorrect measuring instrument 6

Sch. 10 amended by S.R. No. 38/2008 reg. 15.

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7 Section 8(2)—use for trade a measuring instrument in a manner that is unjust 6

8 Section 9(2)—sell, lease, hire or lend a measuring instrument that is unacceptable for trade use to a person who uses it for trade 54

9 Section 18(2)—fail to obliterate any inspector's or licensee's mark that a measuring instrument bears when doing anything to the measuring instrument that affects its metrological performance 54

10 Section 22(3)—fail to meet certain requirements when an article is sold by measurement 21

ItemNo. Offence

Penaltyunits

11 Section 24—fail to inform the purchaser that the quantity of an article is less than that stated in the offer to purchase before completion of the sale 54

12 Section 28(1)—pack a pre-packed article—

(a) without the package being marked with the name and address of the packer; or

(b) without the package being marked with a statement of the measurement of the article—

in contravention of regulation 59(1) or 61(1) 24

13 Section 28(2)—sell a pre-packed article—

(a) without the package being marked with the name and address of the packer; or

(b) without the package being marked with a statement of the measurement of the article—


116

in contravention of regulation 59(1) or 61(1) 24

14 Section 31(1)—sell a pre-packed article at a specified price for each unit of measurement where the price of the pre-packed article exceeds the price correctly computed by reference to the measurement of the article without any packaging or other thing that is not part of the article and the stated price for each unit of measurement 54

15 Section 32(1)(a)—pack a pre-packed article where the actual measurement of the quantity of the pre-packed article is less than the measurement or minimum measurement marked on the package 54

16 Section 32(1)(b)—sell a pre-packed article where the actual measurement of the quantity of the pre-packed article is less than the measurement or minimum measurement marked on the package 54

17 Section 42(1)—test a batch of measuring instruments or certify or purport to certify a measuring instrument unless the person is the holder of a servicing licence or an employee of a holder of a servicing licence 54

ItemNo. Offence

Penaltyunits

18 Section 43(1)—make a weighbridge available as a public weighbridge unless the person—

(a) is the holder, or employee of the holder, of a public weighbridge licence; and

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(b) does so in accordance with conditions of the licence and requirements of the Act 54

19 Section 65(b)—fail to produce for examination and testing any measuring instrument in that person's possession or control when required to do so by an inspector 54

Offences under the Trade Measurement Regulations 2007

20 Regulation 25(3)—being an operator of a public weighbridge, issue to a person an original measurement ticket for the measurement, or a copy measurement ticket that is not a correct copy of the original measurement ticket for the measurement 50

21 Regulation 26—being a licensee for a public weighbridge, fail to give to the licensing authority written notice, within 14 days after the relevant event, of a change in the address for service of notices on the licensee, and for each person employed as an operator of the weighbridge his or her full name and residential address and if the person stops being employed to operate the weighbridge, the last day the person was employed to operate the weighbridge 10

* * * * *23 Regulation 30(1)—use for trade a weighbridge to

determine an end-and-end measurement otherwise than in accordance with regulation 30(3) 24

24 Regulation 47(3)—being a licensee, fail to lodge records in accordance with regulation 47(1)(d) 21

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25 Regulation 50(1)(f)—use for trade a measuring instrument to determine a mass greater than the mass permitted by the approved pattern for the instrument 12

ItemNo. Offence

Penaltyunits

26 Regulation 50(3)(b)—use for trade a measuring instrument fitted with a load receptor that is removable and measures incorrectly in any position on its supports 12

27 Regulation 50(3)(c)—use for trade a measuring instrument fitted with a load receptor any latitude of movement of which causes it to foul any part of the instrument 12

28 Regulation 53—use for trade a weighing instrument to measure diamonds or other precious stones that does not comply with the requirements of regulation 53 21

29 Regulation 91(2)—advertise, offer or expose an article for sale at a price determined by a measurement that is not a listed or authorised measurement 12

30 Regulation 92—sell fuel by reference to measurement of its volume when the sale is not at a price determined by reference to the volume of the fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15oC 5

31 Regulation 93(2)—being a licensee, fail to pay the administering authority a fee in respect of the certification of a measuring instrument within the specified period 21

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ENDNOTES

1. General Information

The Trade Measurement Regulations 2007, S.R. No. 48/2007 were made on 12 June 2007 by the Governor in Council under section 80 of the Trade Measurement Act 1995 No. 59/1995 and section 25 of the Trade Measurement (Administration) Act 1995, No. 60/1995 and came into operation on 18 June 2007: regulation 3.

The Trade Measurement Regulations 2007 will sunset 10 years after the day of making on 12 June 2017 (see section 5 of the Subordinate Legislation Act 1994).

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2. Table of AmendmentsThis Version incorporates amendments made to the Trade Measurement Regulations 2007 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Trade Measurement Amendment Regulations 2008, S.R. No. 38/2008Date of Making: 21.5.08Date of Commencement: 1.7.08: reg. 3

Trade Measurement Amendment (Standard Wine Package Marking) Regulations 2008, S.R. No. 142/2008

Date of Making: 25.11.08Date of Commencement: 25.11.08

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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3. Explanatory Details

Endnotes


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Documents

Trade Measurement Regulations 2007 · Web viewOCPC-VIC, Word 2003, Template Release Nov 2006 V4.0 Version No. 003 Trade Measurement Regulations 2007 S.R. No. 48/2007 Version incorporating