NATIONAL MEASUREMENT AMENDMENT BILL 2010

2008-2009-2010

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

National Measurement Amendment Bill

2010

No. , 2010

(Innovation, Industry, Science and Research)

A Bill for an Act to amend the law in relation to

measurement, and for related purposes

i National Measurement Amendment Bill 2010 No. , 2010

Contents

1 Short

title

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2 Commencement

.................................................................................

3 Schedule(s)

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Schedule 1--Amendments

National Measurement Act 1960

National Measurement Amendment Bill 2010 No. , 2010 1

A Bill for an Act to amend the law in relation to

measurement, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the National Measurement Amendment

Act 2010.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 National Measurement Amendment Bill 2010 No. , 2010

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendments Schedule 1

National Measurement Amendment Bill 2010 No. , 2010 3

Schedule 1--Amendments

National Measurement Act 1960

1 Subsection 3(1) (paragraph (b) of the definition of approved

pattern)

Omit "first verified", substitute "manufactured".

2 Subsection 3(1) (definition of AQS sampling procedures)

Omit "prescribed", substitute "determined by the Chief Metrologist

under section 19Q".

3 Subsection 3(1) (definition of AQS test procedures)

Omit "prescribed", substitute "determined by the Chief Metrologist

under section 19Q".

4 Subsection 3(1)

Insert:

Australian certified reference material means a reference material

that has been certified in accordance with the regulations.

5 Subsection 3(1) (definition of certified reference material)

Repeal the definition.

6 Subsection 3(1) (definition of component)

Repeal the definition, substitute:

component: a thing is a component of another thing (the

instrument) by means of which a measurement may be made

where:

(a) the instrument is designed or constructed so as to include the

thing, or have the thing associated with it, but the thing need

not form part of the instrument; and

(b) the thing is designed or intended to do any or all of the

following:

(i) convert the result of a measurement by the instrument;

(ii) calculate number, tax or price by reference to the result

of a measurement by the instrument;

Schedule 1 Amendments

4 National Measurement Amendment Bill 2010 No. , 2010

(iii) correct the result of a measurement by the instrument;

(iv) provide or repeat information relating to the result of a

measurement by the instrument or a result of the

conversion or calculation described in subparagraph (i)

or (ii);

(v) control the measurement process carried out by the

instrument;

(vi) convert a physical quantity into another physical

quantity.

7 Subsection 3(1) (paragraph (a) of the definition of

measuring instrument)

Omit "of a physical quantity".

8 Subsection 3(1) (definition of national group test

procedures)

Omit "prescribed", substitute "determined by the Chief Metrologist

under section 19Q".

9 Subsection 3(1) (definition of national instrument test

procedures)

Omit "by the Minister", substitute "by the Chief Metrologist".

10 Subsection 3(1) (definition of national sampling

procedures)

Omit "prescribed", substitute "determined by the Chief Metrologist

under section 19Q".

11 Subsection 3(1) (definition of national single article test

procedures)

Omit "prescribed", substitute "determined by the Chief Metrologist

under section 19Q".

12 Subsection 4(1A)

Omit "Subsections (2) and (3) do not", substitute "Subsection (2) does

not".

13 Section 10

Amendments Schedule 1

National Measurement Amendment Bill 2010 No. , 2010 5

Omit "a certified reference material" (wherever occurring), substitute

"an Australian certified reference material".

Note:

The heading to section 10 is altered by omitting "certified reference materials" and

substituting "Australian certified reference materials".

14 Subsection 12A(6)

Repeal the subsection, substitute:

(6) A person who makes or enters into a contract, dealing or other

transaction that contravenes subsection (1) commits an offence.

Penalty: 5 penalty units.

15 Paragraph 18GB(1)(c)

Repeal the paragraph, substitute:

Note:

The heading to section 18GB is altered by omitting "unverified measuring

instruments" and substituting "measuring instruments not of an approved pattern".

16 Paragraph 18GB(2)(c)

Repeal the paragraph, substitute:

17 Paragraph 18GC(1)(c)

Repeal the paragraph, substitute:

Note:

The heading to section 18GC is altered by omitting "unverified measuring

instruments" and substituting "measuring instruments not of an approved pattern".

18 Paragraph 18GC(2)(c)

Repeal the paragraph, substitute:

19 After section 18GC

Insert:

Schedule 1 Amendments

6 National Measurement Amendment Bill 2010 No. , 2010

18GCA Letting for hire or loaning unverified measuring

instruments

Offence requiring fault element

(1) A person commits an offence if:

(a) the person lets for hire, or loans, a measuring instrument; and

(b) the measuring instrument is let, or loaned, for use for trade;

and

Penalty: 200 penalty units.

Strict liability offence

(2) A person commits an offence if:

(a) the person lets for hire, or loans, a measuring instrument; and

(b) the measuring instrument is let, or loaned, for use for trade;

and

Penalty: 40 penalty units.

(3) Subsection (2) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

20 Paragraph 18GE(5)(a)

Repeal the paragraph, substitute:

(a) the person lets for hire, or loans, a measuring instrument; and

(aa) the measuring instrument is let, or loaned, for use for trade;

and

21 Paragraph 18GE(6)(a)

Repeal the paragraph, substitute:

(a) the person lets for hire, or loans, a measuring instrument; and

(aa) the measuring instrument is let, or loaned, for use for trade;

and

22 Subsection 18GG(2)

Repeal the subsection, substitute:

Amendments Schedule 1

National Measurement Amendment Bill 2010 No. , 2010 7

(2) The Chief Metrologist may determine, in writing, the national

instrument test procedures. The determination is not a legislative

instrument.

23 Subsection 18MA(2)

Omit "holds the prescribed qualifications", substitute "has the

prescribed qualifications, knowledge or experience".

24 After subsection 18RA(2)

Insert:

(2A) The Secretary must not specify a class of utility meter that the

utility meter verifier may verify unless the Secretary is satisfied

that the verifier, or an employee of the verifier, is competent to test

that class of utility meter.

25 Paragraph 18RB(a)

Repeal the paragraph, substitute:

(a) if the verifier is an individual--that the verifier must not

personally verify a utility meter unless he or she is competent

to test that class of utility meter;

(aa) that the verifier must not employ a person to verify a utility

meter unless that person is competent to test that class utility

meter;

26 After section 18RC

Insert:

18RCA NATA accredited verifiers

For the purposes of subsection 18RA(2A), and for the purposes of

the conditions set out in paragraphs 18RB(a) and (aa), a person

who is accredited by the National Association of Testing

Authorities to test a class of utility meter is taken to be competent

to test that class of utility meter.

27 Paragraph 19B(a)

Omit "as a pattern of a measuring instrument suitable for use for trade".

28 Section 19B (penalty)

Schedule 1 Amendments

8 National Measurement Amendment Bill 2010 No. , 2010

Omit "$6,000", substitute "60 penalty units".

29 After section 19P

Insert:

19Q Chief Metrologist may determine matters

(1) The Chief Metrologist may determine, in writing:

(a) AQS sampling procedures for the purposes of

Subdivision 3-C of Division 3 of Part VI; and

(b) AQS test procedures for the purposes of Subdivision 3-C of

Division 3 of Part VI; and

Subdivision 4-B of Division 4 of Part VI; and

(d) national sampling procedures for the purposes of

Subdivision 4-B of Division 4 of Part VI; and

(e) national single article test procedures for the purposes of

Subdivision 4-B of Division 4 of Part VI.

(2) A determination under subsection (1) is not a legislative

instrument.

30 After paragraph 20(1)(e)

Insert:

(ea) providing for or in relation to the issuing of certificates in

respect of measurements of an article, for reception in

evidence of a document purporting to be such a certificate

and for such a certificate to be prima facie evidence of the

matters stated in it; and

31 Subparagraph 20(1)(l)(ii)

Omit "trade; and;", substitute "trade;".

32 Paragraphs 20(1)(r), (s), (u), (v) and (w)

Repeal the paragraphs.

33 Application provisions

(1)

The amendment made by item 1 applies to measuring instruments

manufactured on or after the commencement of that item.

Amendments Schedule 1

National Measurement Amendment Bill 2010 No. , 2010 9

(2)

The amendment made by item 14 applies to contracts, dealings or other

transactions made or entered into after the commencement of that item.

(3)

The amendments made by items 15 and 16 apply in relation to the

installation of measuring instruments on or after the commencement of

those items.

(4)

The amendments made by items 17 and 18 apply in relation to the sale

or supply of measuring instruments on or after the commencement of

those items.

(5)

The amendment made by item 19 applies in relation to the letting for

hire, or loaning, of measuring instruments on or after the

commencement of that item.

(6)

The amendments made by item 20 and 21 apply to measuring

instruments that are let for hire, loaned, sold or otherwise supplied on or

after the commencement of those items.

(7)

The amendments made by items 24, 25 and 26 apply to appointments of

utility meter verifiers made on or after the commencement of those

items.

(8)

The amendments made by items 27 and 28 apply to representations

made on or after the commencement of those items.

Commonwealth of Australia Bills

NATIONAL MEASUREMENT AMENDMENT BILL 2010