Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Governor - General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:
(aa) providing for the verification of standards of measurement; and
(a) providing for or in relation to the issuing of certificates in respect of the verification of standards of measurement, for the 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
(aaa) providing for the provision, maintenance, custody and care of standards of measurement; and
(b) providing that a reference standard of measurement of a particular denomination that was found, upon verification, not to be greater or less than that denomination by an amount exceeding an amount specified in the regulations is, unless otherwise stated in the certificate issued in respect of the verification of the standard, to be deemed to be of a value equal to its denomination; and
(c) providing for the certification of reference materials; and
(d) providing for the certification of measuring instruments; and
(e) providing for or in relation to the issuing of certificates in respect of the certification of reference materials or measuring instruments, for the 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
(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
(f) prescribing classes of utility meters that are exempt utility meters; and
(g) providing for sampling plans for utility meter verification; 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 utility meter verifiers and the provision of labour, facilities and equipment for those purposes; and
(j) providing for the verification of measuring instruments used for trade; and
(ja) providing for the positioning of, and access to, measuring instruments in order to facilitate their use by a person for trade, their examination by a verifier and their verification; and
(jb) providing for the sealing of a measuring instrument that has been verified; and
(jc) providing for quality assurance for measuring instruments used by persons for trade, and the provision of labour, facilities and equipment for that purpose; and
(jd) providing for matters applicable to weighbridges, whether or not public weighbridges, including their installation, functioning, operation, examination, testing, suitability and use; and
(je) providing for the functions of operators of public weighbridges; and
(jf) regulating the advertising of articles (including articles packed in advance ready for sale) in so far as the advertising relates to measurement; and
(jg) providing for the keeping of records relating to measuring instruments and articles or utilities sold, or to be sold, by measurement; and
(k) prescribing a fee for applications; and
(l) prescribing a fee for activities undertaken in respect of:
(i) the examination and certification of patterns of measuring instruments; and
(ii) the verification of measuring instruments used for trade; and
(iii) the issue of a certificate in relation to the verification of a measuring instrument used for trade; and
(iv) the issue of a permit for a packed article under Division 5 of Part VI; and
(m) providing for the time for payment of a fee; and
(n) prescribing appropriate limits of error for a measuring instrument for the purposes of the definition of measuring instrument gives an inaccurate measurement ; and
(o) prescribing the re - verification period for a class of measuring instrument; and
(p) prescribing AQS marks; and
(q) prescribing AQS thresholds for the purposes of Subdivision 3 - C of Division 3 of Part VI; and
(t) prescribing the circumstances in which a group of packages is taken to have failed testing in accordance with AQS test procedures; and
(x) prescribing national test thresholds for the purposes of Subdivision 4 - B of Division 4 of Part VI; and
(y) prescribing the circumstances in which a group of packages is taken to have failed testing in accordance with national group test procedures; and
(z) prescribing the circumstances in which a package is taken to have failed testing in accordance with national single article test procedures; and
(za) provide for the issue of infringement notices that specify penalties of no more than 5 penalty units for specified offences against the regulations.
(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 mentioned in subsection (1) must not be such as to amount to taxation.
Overview of Part
(1) A National Measurement Institute is established within the Department.
(2) The Secretary has metrological functions of the Commonwealth, but may delegate within the Department metrological functions and powers.
(3) The position of Chief Metrologist is established and the functions of the Chief Metrologist identified.
Overview of Part
(1) Measuring instruments must be verified, used in a way that gives an accurate measurement, and be accurate.
(2) Division 2 creates offences to deal with these matters.
(3) Division 3 establishes the system for verifying measuring instruments.
Overview of Division
(1) This Division deals with the verification of measuring instruments.
(2) Verification is defined in section 18GG. It is a process of ensuring that measuring instruments operate accurately.
(3) Trade measurement inspectors, servicing licensees and employees of servicing licensees are permitted to verify measuring instruments (other than utility meters) (see section 18GH).
(4) Utility meter verifiers are permitted to verify utility meters (see section 18GI).
(5) Certain requirements must be met before a measuring instrument may be verified (see section 18GK).
(6) This Division contains offences for persons who:
(a) use a verification mark when not permitted to do so (see section 18GM); and
(b) sell or supply measuring instruments that have been marked with a verification mark by a person not permitted to do so (see section 18GN); and
(c) mark measuring instruments in a misleading way (see section 18GO); and
(d) possess false verification marks (see section 18GP); and
(e) fail to obliterate verification marks if a measuring instrument's metrological performance is affected by repairs (see sections 18GPA and 18GQ).
Overview of Part
(1) This Part regulates the use of measurement in trade generally.
(a) articles that must be sold by measurement (sections 18HB and 18HC); and
(b) the units of measurement that must be used for certain transactions (section 18HD); and
(c) the scale intervals of measuring instruments used for certain articles (section 18HE); and
(d) unreliable methods of measurement (section 18HF); and
(e) the use of certain measuring instruments (section 18HG); and
(f) measuring instruments and methods of measurement used in monitoring compliance with this Act (section 18HH).
(3) All trade measurement is to be a net measurement (section 18HI).
Overview of Part
(1) This Part sets out the requirements for articles that are packed in advance ready for sale.
(2) If an article is packed in advance ready for sale, the package must be marked with certain information such as the name and address of the packer. The use of certain prescribed expressions in relation to measurement on the package is prohibited (see Division 2).
(3) It is an offence to pack, import or sell or possess, offer or expose for sale a package that contains less than the measurement represented. There are different methods for determining whether there is a shortfall. Division 3 deals with one of these methods, the Average Quantity System. Division 4 deals with cases where the existence of a shortfall is determined using other methods.
(4) A permit may be obtained under Division 5 to import or sell or possess, offer or expose for sale certain articles that have been packed in advance ready for sale and that would otherwise breach Division 2.
Overview of Division
(1) If an article is packed in advance ready for sale, the package may be marked with an AQS mark.
(2) AQS stands for Average Quantity System. It is an internationally recognised system for sampling and testing groups of packages to determine whether, on average, they contain the quantities with which they are marked.
(3) By marking a package with an AQS mark, a person represents that if the package is included in a group of like packages sampled and tested in accordance with AQS procedures, the group will be found on average to contain a measurement at least equal to the marked measurement.
(4) This Division contains offences to deal with cases where this is not so (see Subdivision 3 - C).
(5) This Division also contains offences to deal with cases where misleading marks are used, or an AQS mark is placed in the wrong place (see Subdivision 3 - B).
Overview of Division
(1) If an article that has been packed in advance ready for sale is not marked with an AQS mark, the existence of a shortfall is determined using a nationally recognised system of sampling and testing groups of packages.
(2) If the group of packages is too small to allow meaningful testing in this way national single article test procedures are used.
(3) This Division contains a series of shortfall offences based on these procedures for determining whether there is a shortfall.
Overview of Division
(1) This Division creates a system of permits for the sale or possession, offer or exposure for the sale of certain articles that do not include required information on the package in the manner prescribed or that contain prohibited expressions on the package.
(2) Permits may only be given for breaches that are minor and not misleading and where obliging the rectification of the breach would impose unnecessary costs on business.
(3) Persons selling articles for which permits have been issued must give a copy of the permit to a purchaser who intends to on - sell the article.
Overview of Part
(1) This Part contains requirements in relation to articles that are sold for a price determined by reference to the measurement of the article.
(2) If the purchaser is present when the measurement is made, either the measurement of the article must be visible to the purchaser or the seller must give the purchaser a written statement of the measurement of the article. A seller who does not do so commits an offence (see section 18KA).
(3) If the purchaser is not present when the measurement is made, the seller must give the purchaser a written statement of the measurement of the article on delivery. It is an offence if the seller does not do so (see section 18KB).
(4) It is an offence if a person sells packaging for an article and charges a price per unit of measurement of the packaging that is determined in the same way as, or directly or indirectly by reference to, the price per unit of measurement of the article (see section 18KC).
(5) The Part also contains a shortfall offence (see section 18KD).
Overview of Part
(1) This Part contains mechanisms for enforcing the requirements in Parts IV, V, VI and VII.
(2) Division 2 provides for the giving of evidentiary certificates in relation to testing of packages under AQS, the national group test procedures and the national single article test procedures.
(3) Division 3 sets up a system of infringement notices for contraventions of strict liability provisions as an alternative to the institution of proceedings in a court.
Overview of Division
(1) This Division contains alternative means of ensuring compliance with Parts IV, V, VI and VII.
(2) The Secretary may accept an enforceable undertaking from a person in relation to compliance with Part IV, V, VI or VII (see section 18LM).
(3) The Secretary may apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) for an injunction to restrain a person from conduct that would be an offence under Part IV, V, VI or VII (see section 18LO).
(4) The Secretary may publicise an offence under Part IV, V, VI or VII (see section 18LP).
(5) If, in the purported execution of a contract, dealing or transaction, an offence under Part IV, V, VI or VII is committed, the contract, dealing or transaction is voidable (see section 18LQ).
Overview of Part
(1) This Part contains provisions about trade measurement inspectors, who are responsible for monitoring compliance with this Act.
(2) Division 2 provides for the appointment of trade measurement inspectors. Inspectors will be issued with identity cards.
(3) Division 3 empowers trade measurement inspectors to enter certain premises and inspect certain vehicles to find out whether Part IV, V, VI or VII has been complied with.
(4) Division 4 imposes obligations on trade measurement inspectors that must be complied with when inspectors are exercising powers.
(5) Division 5 sets out the rights and responsibilities of controllers when business premises are being searched, when business vehicles are being inspected or when a warrant is being executed.
(6) Division 6 contains provisions about warrants for the purposes of finding out whether Part IV, V, VI or VII has been complied with and warrants relating to the collection of evidential material.
Overview of Division
(1) Trade measurement inspectors may enter public areas of business premises to purchase articles and packages sold there (see section 18MDA).
(2) Trade measurement inspectors may enter business or residential premises or stop, detain and inspect business vehicles to monitor compliance or collect evidential material (see sections 18ME and 18MF). A trade measurement inspector must not enter residential premises without consent or a warrant.
(3) Section 18MG sets out the general powers of trade measurement inspectors when entering premises or inspecting vehicles to monitor compliance or collect evidential material.
(4) Trade measurement inspectors may require a controller (or other person in or on the premises) to answer questions or produce documents (see section 18MH).
(5) Trade measurement inspectors may give a controller of a business vehicle (or other person in the vehicle) reasonable directions for the purpose of exercising powers in relation to the vehicle (see section 18MIA).
Overview of Division
(1) This Division contains provisions allowing warrants to be issued in relation to residential premises for the purposes of finding out whether Part IV, V, VI or VII has been complied with or for the collection of evidential material.
(2) There is a special process available for the issue of warrants in urgent cases (see section 18MZB).
(3) Warrants are issued by magistrates in their personal capacity.
Overview of Part
(1) Servicing licences are granted by the Secretary on application.
(2) The Secretary must refuse an application if the applicant does not meet certain suitability requirements.
(3) There are conditions that are common to all servicing licences. In addition, the Secretary may impose conditions on a servicing licence. New conditions may be imposed, or existing conditions amended or revoked, during the life of the licence.
(4) Servicing licences are granted for a period but may be renewed on application.
Overview of Part
(1) Public weighbridge licences are granted by the Secretary on application.
(2) The Secretary must refuse an application if the applicant does not meet certain suitability requirements.
(3) There are conditions that are common to all public weighbridge licences. In addition, the Secretary may impose conditions on a public weighbridge licence. New conditions may be imposed, or existing conditions amended or revoked, during the life of the licence.
(4) Public weighbridge licences are granted for a period, but may be renewed on application.
Overview of Part
(1) This Part contains provisions about the disciplinary action that may be taken against servicing licensees and public weighbridge licensees.
(2) Section 18QA sets out the grounds on which disciplinary action may be taken.
(3) The kinds of disciplinary action that may be taken are:
(a) reprimanding the licensee; or
(b) imposing a condition on the licence; or
(c) suspending the licence; or
(d) cancelling the licence; or
(e) accepting an enforceable undertaking from the licensee; or
(f) publicising information about particular disciplinary
action.