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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
National
Measurement Amendment (Utility Meters) Bill
1998
No. ,
1998
(Industry, Science and
Resources)
A Bill for an Act to amend the
National Measurement Act 1960, and for related
purposes
ISBN: 0642
378800
Contents
A Bill for an Act to amend the National Measurement
Act 1960, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the National Measurement Amendment (Utility
Meters) Act 1998.
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) Subject to subsection (3), Schedule 1 commences on a day to be fixed
by Proclamation.
(3) If Schedule 1 does not commence under subsection (2) within 6 months
beginning on the day on which this Act receives the Royal Assent, it commences
on the first day after the end of that period.
Subject to section 2, 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Act is amended or repealed as set out in the applicable items in the Schedule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.
Insert:
utility meter means a measuring instrument that is:
(a) a gas meter; or
(b) an electricity meter; or
(c) a water meter;
but does not include a meter that is included in a class of meters exempted
from the operation of Part VA by the regulations.
Note: Most of the definitions dealing with utility meters
are in section 18H.
Insert:
verification, in respect of a utility meter, has the meaning
given in section 18T.
Insert:
verifying authority, in respect of the verification of
utility meters, means the Commission or a person appointed under section
18ZC.
Insert:
(3A) A reference in this Act to the verification of a utility meter used
for trade does not include a reference to the reverification of a utility meter
used for trade.
5 At the end of
paragraphs 4(1)(a), (b) and (d)
Add “and”.
Insert:
(e) to provide for a system of verification of utility meters used for
trade;
Insert:
(1A) Subsections (2) and (3) do not apply in respect of the application of
this Act and regulations to utility meters used for trade.
Note: Section 4A deals with the application of the Act in
respect of utility meters used for trade
Insert:
General rule—Commonwealth law applies
(1) Subject to subsections (2) and (3), this Act and the regulations are
intended to apply to the exclusion of any State or Territory law to the extent
that the State or Territory law relates to utility meters used for
trade.
Exception—certain State and Territory laws coexist with
Commonwealth law
(2) This Act and the regulations are not intended to exclude or limit the
concurrent operation of any State or Territory law relating to improper
practices in connection with utility meters used for trade.
Exception—this Act does not apply to reverification
(3) This Act and the regulations do not apply to the reverification of
utility meters used for trade.
Insert:
(eb) to verify utility meters used for trade;
(ec) to take appropriate steps to ensure that utility meters used for
trade are verified and used and dealt with as required by Part VA;
10 At the end of
paragraphs 18AAA(a), (b), (c) and (d)
Add “and”.
Insert:
(ba) enter into contracts and appoint agents; and
Insert:
(1) This Part applies to utility meters used for trade.
(2) Division 2 sets out the requirements that apply to utility meters used
for trade.
(3) Division 3 deals with the verification of utility meters.
(4) Division 4 deals with verifying authorities (applications for
appointment, appointment of verifying authorities, conditions on appointment,
disciplinary action for breaches of conditions of appointment).
(5) Division 5 deals with enforcement powers in respect of utility
meters.
Note: For use for trade see subsection
3(1).
(1) In this Part, unless the contrary intention appears:
approved pattern, in relation to a utility meter, means a
pattern approved for the meter under section 19A that:
(a) is currently in force; or
(b) has expired or been cancelled (but not withdrawn) and was in force
when the utility meter was first verified.
authorised officer means a person appointed as an authorised
officer under section 18ZM.
evidential material means any of the following:
(a) any thing with respect to which an offence against this Part has been
committed or is suspected, on reasonable grounds, to have been
committed;
(b) any thing as to which there are reasonable grounds for suspecting that
it will afford evidence as to the commission of any such offence;
(c) any thing as to which there are reasonable grounds for suspecting that
it is intended to be used for the purpose of committing any such
offence.
marking a utility meter with a verification mark has the
meaning given in subsection (3).
meter gives an inaccurate measurement has the meaning given
in subsection (2).
obliterate, in respect of a verification mark, means destroy
or remove a verification mark.
occupier, in relation to premises, means the person
apparently in charge of the premises.
seize includes secure against interference.
verification mark means a mark allocated for use by the
Commission under section 18ZE.
verifier means a person to whom the Commission has allocated
a verification mark under section 18ZE.
(2) For the purposes of this Part, a meter gives an inaccurate
measurement if the meter does not operate within the appropriate limits
of error that are permitted under the regulations.
(3) A reference in this Part to a person marking a utility meter
with a verification mark includes the marking of the utility meter
itself, the affixing of a label to the utility meter or the marking of a label
affixed to the utility meter.
Chapter 2 of the Criminal Code applies to all offences against
this Part.
Overview of Division
(1) This Division provides that a utility meter used for trade is required
to be:
(a) verified (see section 18L); and
(b) used in a way that gives an accurate measurement (see section 18P);
and
(c) accurate (see section 18Q).
Note: For verification see section
18T.
(2) This Division imposes the following requirements regarding utility
meters used for trade:
(a) that a person must not install an unverified utility meter (see
section 18M);
(b) that a person must not supply an unverified utility meter (see section
18N).
(3) This Division also imposes a requirement that gas, electricity and
water are to be sold by reference to a prescribed measurement (see section
18R).
A person is guilty of an offence if:
(a) the person uses a utility meter for trade; and
(b) the utility meter is not verified.
Penalty: 50 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For verification see section
18T.
A person is guilty of an offence if:
(a) the person installs in or on any premises a utility meter for use for
trade; and
(b) the meter is not verified.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For verification see section
18T.
A person is guilty of an offence if:
(a) the person sells or otherwise supplies a utility meter for use for
trade; and
(b) the meter is not verified.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For verification see section
18T.
(1) A person is guilty of an offence if the person:
(a) uses a utility meter for trade; and
(b) does so in such a way that the meter gives an inaccurate measurement
or gives other information inaccurately.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For meter gives an inaccurate measurement
see section 18H.
(2) A person is guilty of an offence if:
(a) the person does, or fails to do, something in relation to a utility
meter; and
(b) the person’s act or omission causes, or is likely to cause, the
meter to give an inaccurate measurement or to give other information
inaccurately.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For meter gives an inaccurate measurement
see section 18H.
(1) A person is guilty of an offence if:
(a) the person uses a utility meter for trade; and
(b) the meter gives an inaccurate measurement or gives other information
inaccurately.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For meter gives an inaccurate measurement
see section 18H.
(2) A person is guilty of an offence if:
(a) the person sells or otherwise supplies a utility meter for use for
trade; and
(b) the meter gives an inaccurate measurement or gives other information
inaccurately.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For meter gives an inaccurate measurement
see section 18H.
A person is guilty of an offence if:
(a) the person sells a quantity of gas, electricity or water for a price;
and
(b) the price is not a price determined by reference to a measurement of a
quantity in the unit of measurement required by the regulations.
Penalty: 50 penalty units.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Overview of Division
(1) This Division deals with verification of utility meters.
(2) Verification is defined in section 18T.
(3) The matter of who is permitted to verify utility meters is dealt with
in section 18U.
(4) The requirements for verification are dealt with in section
18V.
(5) The offences associated with verification are set out in sections 18X
and 18Y.
A utility meter is verified when it does not already bear a verification
mark and a verifier permitted to verify the meter:
(a) is satisfied that the utility meter complies with the requirements for
verification set out in section 18V; and
(b) marks the meter with the verifier’s verification mark.
Note: For verification mark see section
18H.
A person is permitted to verify utility meters if:
(a) the person is:
(i) a verifying authority; or
(ii) an employee of a verifying authority; or
(iii) in the case of the Commission, an officer or agent of the
Commission; and
(b) the verification is done in accordance with the conditions of the
verifying authority’s appointment (if any); and
(c) the verification complies with the requirements in the regulations as
to sampling plans and marking of utility meters.
Note: For verifying authority see subsection
3(1).
The requirements for verification of a utility meter are:
(a) the utility meter must operate within the appropriate limits of error
that are permitted under the regulations; and
(b) the meter must be of an approved pattern.
Note: For approved pattern see section
18H.
The determination of whether the requirements of verification under
section 18V have been complied with must be made as required by section
10.
(1) A person is guilty of an offence if:
(a) the person marks a utility meter with a verification mark;
and
(b) the person is not permitted to do so.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 18U for when a person is permitted to
mark a utility meter with a verification mark.
Note 3: For verification mark see section
18H.
(2) Subsection (1) does not apply to the employee of a verifying authority
who marks a utility meter with a verification mark if:
(a) the employee does so in breach of a condition of the verifying
authority’s appointment; and
(b) the verifying authority failed to make the employee aware of the
condition.
Note 1: A defendant bears an evidential burden in relation
to the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
Note 2: For verifying authority see subsection
3(1).
(3) A person is guilty of an offence if:
(a) the person marks a utility meter with a verification mark;
and
(b) the mark is not a verification mark but is likely to give the
impression that it is a verification mark.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For verification mark see section
18H.
(4) A person is guilty of an offence if:
(a) the person has an instrument or other thing in his or her possession;
and
(b) the instrument or thing is designed for marking a utility meter with a
verification mark; and
(c) the person is not permitted to mark a utility meter with that
verification mark.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For verification mark see section
18H.
Note 3: See section 18U for when a person is permitted to
mark a utility meter with a verification mark.
(5) A person is guilty of an offence if:
(a) the person has an instrument or other thing in his or her possession;
and
(b) the instrument or thing is designed for making a mark on a utility
meter that is not a verification mark but is likely to give the impression that
it is such a mark.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For verification mark see section
18H.
(6) A person is guilty of an offence if:
(a) the person sells or otherwise supplies a utility meter for use for
trade, or uses a utility meter for trade; and
(b) the utility meter is marked in contravention of subsection (1) or
(3).
Penalty: 200 penalty units.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(1) A person is guilty of an offence if:
(a) the person, in repairing a utility meter, does anything to the utility
meter that affects its metrological performance; and
(b) the person does not obliterate any verification mark that the meter
bears.
Penalty: 200 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: For obliterate see section
18H.
(2) Subsection (1) does not apply if the effect on the meter can be
corrected by normal operational adjustment of the meter.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2), see subsection 13.3(3) of the Criminal
Code.
Overview of Division
(1) This Division deals with verifiers (verifying authorities, their
employees and, in the case of the Commission, its officers or agents).
(2) The Commission is a verifying authority (see section 18ZA).
(3) Other persons may apply for appointment as verifying authorities (see
section 18ZB).
(4) The Commission appoints verifying authorities subject to conditions
(see sections 18ZC and 18ZD).
(5) The Commission allocates verification marks for use by verifiers (see
section 18ZE) and there is a register of those marks (see section
18ZF).
(6) The Commission may take disciplinary action against a verifying
authority that breaches a condition of its appointment (see section
18ZJ).
(7) There is a right to appeal to the Administrative Appeals Tribunal in
certain circumstances (see section 18ZK).
(1) The Commission is a verifying authority.
(2) The Commission may verify any class of utility meters.
(1) A person may apply for appointment as a verifying authority.
(2) An application must be:
(a) made in the form approved by the Commission; and
(b) given to the Commission.
(1) The Commission may, in writing, appoint a person who has applied under
section 18ZB to be a verifying authority to verify utility meters.
(2) The appointment must specify the class or classes of utility meters
that the verifying authority may verify under the appointment.
(3) An appointment is subject to:
(a) the conditions set out in paragraphs 18ZD(a) to (g); and
(b) any other conditions that the Commission imposes.
(4) The Commission may impose a condition referred to in paragraph (3)(b)
at the time of making the appointment or after the appointment is made. The
Commission may vary or revoke a condition at any time.
(5) Except when acting under subparagraph 18ZJ(1)(a)(ii) (following a
breach of conditions), the Commission must not impose, vary or revoke a
condition unless the verifying authority has first been consulted.
The appointment of a person as a verifying authority is subject to the
following conditions:
(a) that the authority is accredited by the National Association of
Testing Authorities to test the class or classes of utility meters specified in
the authority’s appointment;
(b) if the authority employs persons to verify utility meters—that
the authority provide a list to the Commission of the employees who will be
verifying utility meters;
(c) that the authority, and its employees (if any), comply with the
requirements of this Part;
(d) that the authority, and its employees (if any), comply with the
requirements of authorised officers made under Division 5 (dealing with
enforcement);
(e) that the authority maintain such reference standards of measurement as
the Commission specifies in writing;
(f) that the authority participate in such training in respect of the
verification of utility meters as the Commission requires in writing;
(g) that the authority report as required in writing by the Commission
concerning its role as a verifying authority.
(1) When the Commission appoints a verifying authority, the Commission
must allocate the following verification marks for use by the authority, or its
employees (if any), when verifying utility meters:
(a) if the authority will be personally undertaking the
verification—a mark for use by the authority; and
(b) if the authority will be employing persons to undertake the
verification—a separate mark for use by each employee.
(2) The Commission must allocate a separate mark for use by:
(a) each employee and officer of the Commission who verifies utility
meters when the employee or officer undertakes the verification of utility
meters; and
(b) each agent of the Commission who verifies utility meters when the
agent undertakes the verification of utility meters on behalf of the
Commission.
The Commission must keep a register of verification marks.
If the Commission is of the opinion that there may be grounds for taking
disciplinary action under section 18ZJ against a verifying authority because it
is in breach of a condition of its appointment, the Commission must:
(a) give the authority written notice of the Commission’s opinion
specifying the reasons for the opinion; and
(b) invite the authority to make a written submission to the Commission
within 28 days.
The Commission may ask the verifying authority, in writing, to give to
it, within the period specified in the request, information for the purpose of
making a decision under section 18ZJ.
In making a decision under section 18ZJ in respect of a verifying
authority, the Commission must have regard to the matters raised in the
authority’s submission (if any) and any information received by the
Commission under section 18ZH.
(1) If the Commission is satisfied that a verifying authority has breached
a condition of its appointment, the Commission may decide:
(a) to take any or all of the following actions in respect of the
breach:
(i) to reprimand the authority;
(ii) to vary or revoke a condition of the authority’s appointment
imposed under paragraph 18ZC(3)(b) or to impose a further condition on the
authority’s appointment;
(iii) to suspend the authority’s appointment for up to 12 months;
or
(b) to revoke the authority’s appointment.
(2) The following actions take effect on a day specified in writing
by the Commission:
(a) a variation or revocation of a condition of an authority’s
appointment;
(b) the imposition of a further condition on an authority’s
appointment;
(c) the revocation of an authority’s appointment.
(3) Written notice of a decision of the Commission under this section must
be given to the verifying authority concerned. The notice must also include
reasons for the decision.
(4) The day specified by the Commission under subsection (2) must not be a
day earlier than the seventh day after the day on which written notice of the
Commission’s decision under this section is given to the
authority.
A person whose interests are affected may apply to the Administrative
Appeals Tribunal for review of a decision of the Commission:
(a) under section 18ZC to refuse to appoint the person as a verifying
authority; and
(b) under paragraph 18ZC(3)(b) to impose a condition on a verifying
authority’s appointment; and
(c) under subsection 18ZC(4) to vary or revoke a condition on a verifying
authority’s appointment; and
(d) under section 18ZJ to take disciplinary action in respect of a
verifying authority.
Overview of Division
(1) This Division deals with authorised officers and the enforcement and
monitoring powers available to authorised officers in respect of utility
meters.
(2) Subdivision A deals with the appointment of authorised officers and
identity cards.
(3) Subdivision B sets out the general powers of authorised officers under
this Part.
(4) Subdivision C sets out the obligations of authorised
officers.
(5) Subdivision D sets out the rights and responsibilities of
occupiers.
(6) Subdivision E deals with warrants.
(1) The Commission may, in writing, appoint an officer or employee of the
Commission or an agent of the Commission to be an authorised officer for the
purposes of exercising the powers of an authorised officer under this
Part.
(2) In exercising powers or performing functions as an authorised officer,
an authorised officer must comply with any directions of the
Commission.
(1) The Commission must issue an identity card to an authorised officer in
the form prescribed by the regulations. The identity card must contain a recent
photograph of the authorised officer.
(2) A person is guilty of an offence if:
(a) the person has been issued with an identity card; and
(b) the person ceases to be an authorised officer; and
(c) the person does not, immediately after so ceasing, return the identity
card to the Commission.
Penalty: 1 penalty unit.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(3) An authorised officer must carry the identity card at all times when
exercising powers or performing functions as an authorised officer.
(1) For the purpose of finding out whether this Part or the regulations
made under this Part have been complied with, an authorised officer
may:
(a) enter any business premises at any reasonable time of the
day; and
(b) exercise the powers set out in section 18ZQ.
(2) An authorised officer is not authorised to enter premises under
subsection (1) unless:
(a) the occupier of the premises has consented to the entry and the
officer has shown his or her identity card if required by the occupier;
or
(b) the entry is made under a warrant issued under section
18ZZD.
(3) If the authorised officer is on premises with the consent of the
occupier, the authorised officer must leave the premises if the occupier asks
the authorised officer to do so.
(1) This section applies if an authorised officer has reasonable grounds
for suspecting that there may be evidential material on any business
premises.
(2) The authorised officer may:
(a) enter the premises:
(i) with the consent of the occupier after producing his or her identity
card for the inspection of the occupier; or
(ii) under a warrant issued under section 18ZZE; and
(b) exercise the powers set out in section 18ZQ in relation to looking for
the evidential material; and
(c) seize the evidential material, if the authorised officer finds it on
the premises.
(3) If the evidential material referred to in subsection (1) is or
includes information in a written or electronic form, an authorised officer may
operate equipment on the premises to see whether:
(a) the equipment; or
(b) a disk, tape or other storage device that:
(i) is on the premises; and
(ii) can be used with or is associated with the equipment;
contains the information.
(4) If the authorised officer, after operating equipment at the premises,
finds that the equipment, or that a disk, tape or other storage device at the
premises contains the information, he or she may:
(a) seize the equipment or the disk, tape or other storage device;
or
(b) if the information can, by using facilities at the premises, be put in
documentary form—operate the facilities to put the information in that
form and seize the documents so produced; or
(c) if the information can be transferred to disk, tape or other storage
device that:
(i) is brought to the premises; or
(ii) is at the premises and whose use for the purpose has been agreed to
in writing by the occupier of the premises;
operate the equipment or other facilities to copy the information to the
storage device and remove the storage device from the premises.
(5) An authorised officer may seize equipment under paragraph (4)(a) only
if:
(a) it is not practicable to put the relevant information in documentary
form as mentioned in paragraph (4)(b) or to copy the records as mentioned in
paragraph (4)(c); or
(b) possession by the occupier of the equipment could constitute an
offence.
(6) If:
(a) in the course of searching for a particular thing, an authorised
officer finds another thing that the authorised officer believes on reasonable
grounds to be evidential material; and
(b) the authorised officer believes, on reasonable grounds, that it is
necessary to seize that other thing in order to prevent its concealment, loss or
destruction, or its use in committing, continuing or repeating an offence
against this Part or the regulations;
the authorised officer may seize that other thing.
(7) If the authorised officer is on premises with the consent of the
occupier, the authorised officer must leave the premises if the occupier asks
the authorised officer to do so.
The powers that an authorised officer may exercise in relation to
premises under section 18ZO and 18ZP are as follows:
(a) to search the premises and any thing on the premises;
(b) to take photographs or make video or audio recordings or sketches of
the premises or any thing on the premises;
(c) to take samples of utility meters;
(d) to inspect any book, record or document on the premises;
(e) to take extracts from or make copies of any such book, record or
document;
(f) to take onto the premises such equipment and materials as the
authorised officer requires for the purpose of exercising powers in relation to
the premises.
(1) If the authorised officer was only authorised to enter business
premises because the occupier of the premises consented to the entry—the
authorised officer may ask the occupier to:
(a) answer any questions put by the authorised officer; and
(b) produce any book, record or document requested by the authorised
officer.
(2) If the authorised officer was authorised to enter the premises by a
warrant under section 18ZZD or 18ZZE—the authorised officer has power to
require any person in or on the premises to:
(a) answer any questions put by the authorised officer; and
(b) produce any book, record or document requested by the authorised
officer.
(3) A person is guilty of an offence if the person refuses or fails to
comply with a requirement under subsection (2).
Penalty: 200 penalty units.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(4) A person is excused from complying with a requirement of subsection
(2) if the answer to the question or the production of the document might tend
to incriminate the person or expose the person to a penalty.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4), see subsection 13.3(3) of the Criminal
Code.
(5) A person is guilty of an offence if the person:
(a) gives information to an authorised officer, either orally or in
writing; and
(b) gives the information knowing that it is false or misleading in a
material particular.
Penalty: 12 months imprisonment.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
An authorised officer is not entitled to exercise any powers under this
Part in relation to premises if:
(a) the occupier of the premises requires the authorised officer to
produce his or her identity card for inspection by the occupier; and
(b) the authorised officer fails to comply with the requirement.
(1) If a warrant in relation to business premises is being executed and
the occupier of the premises or another person who apparently represents the
occupier is present at the premises, the authorised officer must make available
to that person a copy of the warrant.
(2) The authorised officer must identify himself or herself to that
person.
(3) The copy of the warrant referred to in subsection (1) need not include
the signature of the magistrate who issued the warrant.
Note: Warrants are issued under sections 18ZZD and
18ZZE.
(1) Before obtaining the consent of a person for the purposes of paragraph
18ZO(2)(a) and subparagraph 18ZP(2)(a)(i), the authorised officer must inform
the person that he or she may refuse consent.
(2) An entry of an authorised officer by virtue of the consent of a person
is not lawful unless the person voluntarily consented to the entry.
An authorised officer must, before entering premises under a
warrant:
(a) announce that he or she is authorised to enter the premises;
and
(b) give any person at the premises an opportunity to allow entry to the
premises.
(1) The owner of equipment is entitled to compensation of a reasonable
amount payable by the Commission for damage to the equipment if:
(a) the damage was caused to equipment as a result of it being operated as
mentioned in section 18ZP; and
(b) the damage was caused as a result of:
(i) insufficient care being exercised in selecting the person who was to
operate the equipment; or
(ii) insufficient care being exercised by the person operating the
equipment.
(2) The Commission must pay the owner such reasonable compensation as the
owner and the Commission agree on. If the Commission and the owner fail to
agree, the owner may institute proceedings in the Federal Court of Australia for
such reasonable amount of compensation as the Court determines.
(3) In determining the amount of compensation payable, regard is to be had
to whether the occupier of the premises and his or her employees and agents, if
they were available at the time, had provided any warning or guidance as to the
operation of the equipment that was appropriate in the circumstances.
(1) Subject to subsection (2), if an authorised officer seizes, under a
warrant in relation to premises:
(a) a document, film, computer file or other thing that can be readily
copied; or
(b) a storage device the information in which can be readily
copied;
the authorised officer must, if requested to do so by the occupier of the
premises or another person who apparently represents the occupier and who is
present when the warrant is executed, give a copy of the thing or the
information to that person as soon as practicable after the seizure.
(2) Subsection (1) does not apply if:
(a) the thing that has been seized was seized under paragraph 18ZP(4)(b)
or (c); or
(b) possession by the occupier of the document, film, computer file, thing
or information could constitute an offence.
(1) If a thing is seized under this Part, the authorised officer must
provide a receipt for the thing.
(2) If 2 or more things are seized or moved, they may be covered in the
one receipt.
(1) Subject to any contrary order of a court, if an authorised officer
seizes a thing under this Part, an authorised officer must return it
if:
(a) the reason for its seizure no longer exists or it is decided that it
is not to be used in evidence; or
(b) the period of 60 days after its seizure ends;
whichever first occurs, unless the thing is forfeited or forfeitable to the
Commonwealth.
(2) At the end of the 60 days specified in subsection (1), an authorised
officer must take reasonable steps to return the thing to the person from whom
it was seized, unless:
(a) proceedings in respect of which the thing may afford evidence were
instituted before the end of the 60 days and have not been completed (including
an appeal to a court in relation to those proceedings); or
(b) the authorised officer may retain the thing because of an order under
section 18ZZA; or
(c) an authorised officer is otherwise authorised (by a law, or an order
of a court, of the Commonwealth or of a State or Territory) to retain, destroy
or dispose of the thing.
(3) The thing may be returned under subsection (2) either unconditionally
or on such terms and conditions as the Commission sees fit.
(1) An authorised officer may apply to a magistrate for an order that he
or she may retain the thing for a further period if:
(a) before the end of 60 days after the seizure; or
(b) before the end of a period previously specified in an order of a
magistrate under this section;
proceedings in respect of which the thing may afford evidence have not
commenced.
(2) If the magistrate is satisfied that it is necessary for an authorised
officer to continue to retain the thing:
(a) for the purposes of an investigation as to whether an offence against
this Part has been committed; or
(b) to enable evidence of an offence against this Part to be secured for
the purposes of a prosecution;
the magistrate may order that an authorised officer may retain the thing
for a period (not being a period exceeding 3 years) specified in the
order.
(3) Before making the application, the authorised officer must:
(a) take reasonable steps to discover who has an interest in the retention
of the thing; and
(b) if it is practicable to do so, notify each person whom the authorised
officer believes to have such an interest of the proposed application.
(1) If a warrant in relation to business premises is being executed and
the occupier of the premises, or another person who apparently represents the
occupier is present at the premises, the person is entitled to observe the
search being conducted.
(2) The right to observe the search being conducted ceases if the person
impedes the search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
The occupier, or another person who apparently represents the
occupier, of business premises to which a monitoring warrant or an
offence warrant relates must provide the executing officer in relation to the
warrant and any person assisting that officer with all reasonable facilities and
assistance for the effective exercise of their powers.
(1) An authorised officer may apply to a magistrate for a warrant under
this section in relation to business premises.
(2) Subject to subsection (3), the magistrate may issue the warrant if the
magistrate is satisfied, by information on oath, that it is reasonably necessary
that one or more authorised officers should have access to the premises for the
purposes of finding out whether this Part or the regulations under this Part
have been complied with.
(3) The magistrate must not issue the warrant unless the authorised
officer or some other person has given to the magistrate, either orally or by
affidavit, such further information (if any) as the magistrate requires
concerning the grounds on which the issue of the warrant is being
sought.
(4) The warrant must:
(a) authorise one or more authorised officers (whether or not named in the
warrant), with such assistance and by such force as is necessary and
reasonable:
(i) to enter the premises; and
(ii) to exercise the powers set out in section 18ZQ in relation to the
premises; and
(b) state whether the entry is authorised to be made at any time of the
day or during specified hours of the day; and
(c) specify the day (not more than 6 months after the issue of the
warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
(1) An authorised officer may apply to a magistrate for a warrant under
this section in relation to business premises.
(2) Subject to subsection (3), the magistrate may issue the warrant if the
magistrate is satisfied, by information on oath, that there are reasonable
grounds for suspecting that there is, or there may be within the next 72 hours,
in or on the premises evidential material.
(3) The magistrate must not issue the warrant unless the authorised
officer or some other person has given to the magistrate, either orally or by
affidavit, such further information (if any) as the magistrate requires
concerning the grounds on which the issue of the warrant is being
sought.
(4) The warrant must:
(a) name one or more authorised officers; and
(b) authorise the persons so named, with such assistance and by such force
as is necessary and reasonable:
(i) to enter the premises; and
(ii) to exercise the powers set out in sections 18ZP and 18ZQ;
and
(iii) to seize the evidential material; and
(c) state whether the entry is authorised to be made at any time of the
day or during specified hours of the day; and
(d) specify the day (not more than one week after the issue of the
warrant) on which the warrant ceases to have effect; and
(e) state the purpose for which the warrant is issued.
(1) If, in an urgent case, an authorised officer considers it necessary to
do so, the person may apply to a magistrate by telephone for a warrant under
section 18ZZE in relation to business premises.
(2) Before applying for the warrant, the person must prepare an
information of the kind mentioned in subsection 18ZZE(2) in relation to the
premises that sets out the grounds on which the warrant is sought.
(3) If it is necessary to do so, the person may apply for the warrant
before the information is sworn.
(4) If the magistrate is satisfied:
(a) after having considered the terms of the information; and
(b) after having received such further information (if any) as the
magistrate requires concerning the grounds on which the issue of the warrant is
being sought;
that there are reasonable grounds for issuing the warrant, the magistrate
may complete and sign the same warrant that the magistrate would issue under
section 18ZZE if the application had been made under that section.
(5) If the magistrate completes and signs the warrant:
(a) the magistrate must:
(i) tell the authorised officer what the terms of the warrant are;
and
(ii) tell the authorised officer the day on which and the time at which
the warrant was signed; and
(iii) tell the authorised officer the day (not more than one week after
the magistrate completes and signs the warrant) on which the warrant ceases to
have effect; and
(iv) record on the warrant the reasons for granting the warrant;
and
(b) the authorised officer must:
(i) complete a form of warrant in the same terms as the warrant completed
and signed by the magistrate; and
(ii) write on the form the name of the magistrate and the day on which and
the time at which the warrant was signed.
(6) The authorised officer must also, not later than the day after the day
of expiry or execution of the warrant, whichever is the earlier, send to the
magistrate:
(a) the form of warrant completed by the person; and
(b) the information referred to in subsection (2), which must have been
duly sworn.
(7) When the magistrate receives those documents, the magistrate
must:
(a) attach them to the warrant that the magistrate completed and signed;
and
(b) deal with them in the way in which the magistrate would have dealt
with the information if the application had been made under section
18ZZE.
(8) A form of warrant duly completed under subsection (5) is authority for
any entry, search, seizure or other exercise of a power that the warrant signed
by the magistrate authorises.
(9) If:
(a) it is material, in any proceedings, for a court to be satisfied that
an exercise of a power was authorised by this section; and
(b) the warrant signed by the magistrate authorising the exercise of the
power is not produced in evidence;
the court must assume, unless the contrary is proved, that the exercise of
the power was not authorised by such a warrant.
(10) A reference in this Part to a warrant under section 18ZZE includes a
reference to a warrant signed by a magistrate under this section.
Add:
; and (f) providing for the exemption from the operation of Part VA of
classes of gas, electricity and water meters; and
(g) providing for sampling plans for utility meter verification and the
verification marking of utility meters used for trade; and
(h) providing for the positioning of, and access to, utility meters in
order to facilitate their use for trade and their verification; and
(i) providing for the Commonwealth to audit the verification of utility
meters used for trade undertaken by verifying authorities and the provision of
labour, facilities and equipment for those purposes; and
(j) providing for the verification of utility meters used for trade;
and
(k) providing for a unit of measurement for the sale of a quantity of gas,
electricity or water; and
(l) providing for the Commission to charge a fee for activities undertaken
by the Commission in respect of the verification of utility meters used for
trade; and
(m) providing for the time for payment of a fee.
(2) The regulations may set a fee mentioned in subsection (1) by setting
the amount of the fee or a way of working out the fee.
(3) A fee must be reasonably related to the expenses incurred or to be
incurred by the Commission in relation to the matters to which the fee relates
and must not be such as to amount to taxation.
Gas, electricity and water meters in use for trade on the commencement of
this Schedule are taken to be verified under Part VA and the National
Measurement Act 1960 as in force on and after that commencement applies to
them accordingly.
Omit “7(3)”, substitute “7A(2)”.
Omit “then, notwithstanding subsection 7(2) and subsection (1) of
this section,”.
Omit “7(3)”, substitute “7A(2)”.
Omit “then, notwithstanding subsection 7(2) and subsection (1) of
this section,”.
Omit “Notwithstanding subsection 7(2) and subsection (1) of this
section, a contract,”, substitute “A contract”.
Omit “subsection 7(2)”, substitute “section
7”.
Omit “Subsections 7(2) and”, substitute “Section 7 and
subsection”.