Australian Capital Territory Repealed Acts

This legislation has been repealed.

WEIGHTS AND MEASURES (PACKAGED GOODS) ACT 1970

TABLE OF PROVISIONS

           Long Title

   1.      This Act may be cited as the Weights and Measures (Packaged Goods) Act 1970.1  
   2.      This Act shall come into operation on the first day of May, One thousand nine hundred and seventy.  
   4.      Subject to the regulations and to any other law in force in the Territory, a person shall not—  
   5.      (1) Where an article sold by weight or measure is delivered to the purchaser at a place other than the premises of the seller, the seller shall deliver with the article an invoice or delivery note showing the weight or measure of the article.  
   6.      (1) Subject to this Act, a person who packs an article for sale shall mark the package containing the article—  
   7.      (1) This section applies to such articles, and to articles included in such classes of articles, as are prescribed for the purposes of this section.  
   8.      (1) This section applies to all kinds of articles other than the kinds of articles that are specified in the regulations as kinds of articles to which this section does not apply.  
   9.      (1) The Minister may grant to a person a permit to sell pre-packed articles that have been packed in contravention of, or are not marked in accordance with, this Act and the regulations if the Minister is satisfied that—  
   10.     (1) A person who—  
   11.     (1) In this section—“alternative words”, in relation to an article, means the words specified in the regulations as the words with which a package containing that article may be marked in pursuance of regulations made under paragraph (b) of the next succeeding subsection; “declared article” means an article named in the regulations made for the purposes of paragraph (a) of the next succeeding subsection; “specified declared article” means an article declared by the regulations made for the purposes of paragraph (b) of the next succeeding subsection to be an article that may be marked with alternative words.  
   12.     (1) The regulations may—  
   13.     (1) Where—  
   14.     (1) Where—  
   15.     (1) In this section—“prohibited expression” means—  
   16.     (1) The Superintendent may, on application by a person, approve of the use by that person of a brand for the purpose of marking the name and address of the person on a package or marking on a package the date on which an article contained in that package was packed.  
   17.     (1) Subject to the next succeeding subsection, a witness in proceedings in respect of an offence against this Act is not excused from answering a question or producing a document on the ground that the answer to the question or the production of the document may tend to incriminate him, but the answer to the question or the document, as the case may be, is not admissible against the witness in any criminal proceedings other than proceedings for an offence arising out of the falsity of evidence given by the witness.  
   18.     (1) In proceedings in respect of an offence against subsection (1) of section 6 of this Act, it is a defence for the person charged to prove that the article to which the proceedings relate was packed on premises for sale on those premises to a person for the purpose of consumption or use and not for the purpose of resale by that person.  
   19.     (1) Where—  
   20.     (1) In proceedings in respect of an offence against this Act in relation to a pre-packed article—  
   21.     Where a corporation is convicted of an offence against this Act, each person who, at the time of the commission of the offence, was a director of the corporation or a member of the governing body of the corporation shall be deemed to be guilty of the offence and punishable as if the offence had been committed by a person other than a corporation unless he proves that the offence was committed without his knowledge or that he took reasonable steps to prevent the commission of the offence.  
   22.     (1) Where—  
   23.     (1) An inspector may, at any reasonable time—  
   24.     (1) This Act has effect notwithstanding any provision of the Weights and Measures Act 1929-1967 and any provision of that Act that is inconsistent with this Act or the regulations ceases, to the extent of the inconsistency, to have effect.  
   25.     (1) A person who contravenes or fails to comply with a provision of this Act is guilty of an offence against this Act.  
   26.     (1) Nothing in this Act applies to, or in relation to—  
   27.     Where, after the date of commencement of this Act, a person, in selling an article, complies with the requirements of this Act, whether he is obliged so to comply or not, that person is not liable, in respect of the sale, to be charged with an offence against any other Act, or regulations under any other Act, relating to—  
   28.     The Executive may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for—  
           ENDNOTES