Commonwealth Consolidated Regulations

NATIONAL TRADE MEASUREMENT REGULATIONS 2009

- made under the National Measurement Act 1960

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.1.    Name of Regulations  
   1.4.    Definitions  
   1.5.    Certain articles must be sold by measurement--meat  
   1.6.    Meat for sale--marking requirements  

   PART 2--MEASURING--INSTRUMENTS AND MATERIAL MEASURES USED FOR TRADE

           Division 2.1--Offences for use of a measuring instrument for trade

   2.1.    Use of measuring instrument must not contravene any other provision  
   2.2.    Measuring instrument used to measure mass not to be held or suspended from hand  
   2.3.    Certain measuring instruments only to be used for specific use  
   2.4.    Certain measuring instruments only to be used with specified proportional masses  
   2.5.    Measuring instrument fitted with tare bar not to be used in certain circumstances  
   2.6.    Person must not use measuring instrument to determine mass greater than permitted  
   2.7.    Person must not use certain masses to determine mass of particular items  
   2.8.    Metric carat masses only to be used to measure mass of precious stones  
   2.9.    Proportional mass to be readily identifiable with measuring instrument  
   2.10.   Certain masses only to be used by particular certificate holders  
   2.11.   Use of measuring instrument fitted with load receptor  
   2.12.   Measuring instrument fitted with load receptor  
   2.13.   Movement of load receptor must not foul measuring instrument  
   2.14.   Measuring instrument fitted with certain load receptor  
   2.15.   Person must not alter verification scale interval of marked measuring instrument  
   2.16.   Measuring instrument not to be used for trade if verification scale interval altered  
   2.17.   Measuring instrument of approved pattern designed for measuring liquid  
   2.18.   Person in possession of certain measuring instrument must ensure measuring instrument is artificially illuminated  
   2.19.   Person who makes certain measuring instrument available must ensure measuring instrument is artificially illuminated  
   2.20.   Flowmeter fitted with zero re - setting device must be reset before use for trade  
   2.21.   Flowmeter fitted with zero re - setting device must be reset before being made available for use for trade  
   2.22.   Fuel dispenser used for trade to measure a liquid or gaseous product  
   2.23.   Fuel dispenser made available for use for trade to measure liquid or gaseous product  
   2.24.   Certain measuring instruments not to be used for trade to measure diamonds or precious stones  
   2.25.   Certain measuring instruments not to be used for trade to measure precious metals  
   2.26.   Batch tested glass measure must remain in custody of manufacturer or importer unless certain conditions apply  
   2.27.   Use of class 4 measuring instruments  

           Division 2.2--Verification, reverification and in-service inspection

   2.28.   Verifying and marking measuring instruments  
   2.29.   Verifying and marking material measure  
   2.30.   Certain measuring instruments not to be verified  
   2.31.   Measuring instrument to be clean  
   2.32.   Testing of measuring instrument  
   2.33.   Testing and marking a measure of length  
   2.34.   Exemption from reverification  
   2.35.   Inspector may direct controller to dismantle measuring instrument  
   2.36.   Inspector may direct controller to provide and pay for certain items  
   2.36A.  Prescribed particulars for register  
   2.36B.  Prescribed circumstances--utility meters taken to be marked with verification mark  

           Division 2.3--Batch testing and marking--glass measures

   2.37.   Definitions for Division 2.3  
   2.38.   Secretary may approve batch testing and marking  
   2.39.   Batch testing requirements  
   2.40.   Servicing licensee to keep records  

           Division 2.4--Servicing licences and licensees

   2.41.   Definition of class amount  
   2.41A.  Definition of new applicant amount  
   2.41B.  Definition of verifier amount  
   2.41C.  Prescribed fee--application for servicing licence (Act s 18NA(3)(b))  
   2.42.   Prescribed particulars (Act s 18NF)  
   2.43.   Prescribed conditions (Act s 18NH (j))  
   2.44.   Prescribed fee--application to amend condition of servicing licence (Act s 18NI(2)(b))  
   2.45.   Prescribed fee--application to amend servicing licence due to change of partnership (Act s 18NJ(3)(d))  
   2.46.   Prescribed fee--application for renewal of servicing licence (Act s 18NK(2)(b))  
   2.47.   Prescribed fee--verifying measuring equipment  
   2.47A.  Indexation of fee prescribed by regulation 2.47  
   2.48.   Prescribed period  

   PART 3--WEIGHBRIDGES--USED FOR TRADE

           Division 3.1--General

   3.1.    Application of Part 3  
   3.2.    Location of weighbridge  
   3.3.    Visibility on weighbridge  
   3.4.    Approach to weighbridge  
   3.5.    Platform of weighbridge--composition  
   3.6.    Pit of weighbridge  
   3.7.    Weighbridge without pit  
   3.8.    Weighbridge with electrical or electronic devices  
   3.9.    Weighbridge with more than 1 platform  
   3.10.   Portable weighbridge  
   3.11.   Use of weighbridge to determine end - and - end measurement  

           Division 3.2--Public weighbridges

   3.12.   Prescribed fee--application for public weighbridge licence (Act s 18PA(3)(b))  
   3.13.   Prescribed fee--application to amend condition of public weighbridge licence (Act s 18PI(2)(b))  
   3.14.   Prescribed fee--application to amend public weighbridge licence due to change of partnership (Act s 18PJ(3)(d))  
   3.15.   Prescribed fee--application to contract out public weighbridge operation (Act s 18PK(3)(d))  
   3.16.   Prescribed fee--application for renewal of public weighbridge licence (Act s 18PL(2)(b))  
   3.17.   When use of weighbridge is taken not to be use of a public weighbridge  
   3.18.   Secretary may require inspection report  
   3.19.   Display requirements--sign at public weighbridge  
   3.20.   When licensee must withdraw public weighbridge from use and notify Secretary  
   3.21.   Public weighbridge licensee may refuse measurement request  
   3.22.   Platform of public weighbridge to be kept clean  
   3.23.   Space between frame and platform must be kept free from obstructions  
   3.24.   Weight recorded by public weighbridge without load to be kept accurately at zero  
   3.25.   Public weighbridge licensee must ensure operator determines measurement with appropriate care  
   3.26.   Measurement tickets--general requirements  
   3.27.   Measurement tickets--requirements of public weighbridge licensee  
   3.28.   Public weighbridge licensee must ensure certain measurement tickets produced to relevant person  
   3.29.   Public weighbridge licensee must not remove or alter original measurement ticket  
   3.30.   Public weighbridge licensee must not allow another person to remove or alter original measurement ticket  
   3.31.   Public weighbridge licensee must not remove or alter unissued copy measurement ticket  
   3.32.   Public weighbridge licensee must not allow another person to remove or alter unissued copy measurement ticket  
   3.33.   Public weighbridge licensee must not delete or alter electronic record included in measurement ticket  
   3.34.   Public weighbridge licensee must not allow another person to delete or alter electronic record included in measurement ticket  
   3.35.   Public weighbridge licensee must not dispose of or alter printed version of original measurement ticket  
   3.36.   Public weighbridge licensee must not allow another person to dispose of or alter printed version of original measurement ticket  
   3.37.   Public weighbridge licensee must provide certain information to the Secretary  
   3.38.   Public weighbridge licensee must not permit or assist person to engage in fraudulent conduct  
   3.39.   Public weighbridge licensee must notify Secretary of fraudulent conduct related to measurement using weighbridge  
   3.40.   Public weighbridge licensee must not engage in certain conduct related to false representation  
   3.41.   Public weighbridge licensee to ensure issue of measurement ticket in approved form  
   3.42.   Inspector may direct operator to measure vehicle  
   3.43.   Measurement tickets--certain requirements to be met by operator  
   3.44.   Operator must issue copy of original measurement ticket to relevant person if certain conditions met  
   3.45.   Operator must not use public weighbridge for public weighing in certain circumstances  
   3.46.   Operator must not issue original measurement ticket  
   3.47.   Operator must issue correct copy of original measurement ticket  
   3.48.   Operator must not remove or alter original measurement ticket  
   3.49.   Operator must not allow another person to remove or alter original measurement ticket  
   3.50.   Operator must not remove or alter unissued copy measurement ticket  
   3.51.   Operator must not allow another person to remove or alter unissued copy measurement ticket  
   3.52.   Operator must not delete or alter electronic record included in measurement ticket  
   3.53.   Operator must not allow another person to delete or alter electronic record included in measurement ticket  
   3.54.   Operator must not dispose of or alter printed version of original measurement ticket  
   3.55.   Operator must not allow another person to dispose of or alter printed version of original measurement ticket  
   3.56.   Operator must not permit or assist person to engage in fraudulent conduct  
   3.57.   Operator must notify Secretary of fraudulent conduct related to measurement using weighbridge  
   3.58.   Operator must not engage in certain conduct related to false representation  
   3.59.   Issuing copy of original measurement ticket  
   3.60.   Prescribed particulars for register (Act s 18PF)  
   3.61.   Prescribed reverification period--public weighbridges (Act s 20(1)(o))  
   3.61A.  Prescribed period  
   3.62.   Additional licence conditions--public weighbridges  
   3.63.   Transitional  
   3.64.   Transitional  

   PART 4--PACKAGING

           Division 4.1--Definitions

   4.1.    Definitions for Part 4  

           Division 4.2--Operation of Part 4

   4.3.    Requirements applicable to inner and outer packages  
   4.4.    Exemptions from marking requirements (name, address, measurement)  
   4.5.    Exemptions for packages containing paper  
   4.6.    Exemptions for certain inner and outer packages  

           Division 4.3--Marking of name and address

   4.7.    Marking of name and address on packages  
   4.8.    Exemptions--packaged seed and imported prepackaged products  

           Division 4.4--Marking of measurement

              Subdivision 1--General requirements for measurement marking

   4.9.    Requirement to mark measurement  
   4.10.   General position of measurement marking  
   4.11.   Set - out and form of measurement marking  
   4.12.   Size etc of characters in measurement marking  
   4.13.   Type and units of measurement to be used  
   4.14.   Fractions and significant figures  
   4.15.   Special provision--marking by approved printing device  
   4.16.   Marking by reference to minimum measurement  
   4.16A.  AQS mark--prescribed location  

              Subdivision 2--Special provision for measurement marking of certain products

   4.17.   Eggs  
   4.18.   Products packed in sheets  
   4.19.   Number of packages comprising 1 tonne  
   4.20.   Bedsheets, tarpaulins etc  
   4.21.   Pairs of window curtains  
   4.22.   Marking of width or thickness if it directly affects price  

              Subdivision 3--Special provision concerning measurement marking of outer packages

   4.23.   Package containing packages of products of the same kind and measurement  
   4.24.   Inner and outer packages of single product  
   4.25.   Package containing products of different kinds or different measurements  

              Subdivision 4--Other markings concerning measurement

   4.26.   Unit price marking--retail sales of particular foods by mass  

           Division 4.5--Prohibited expressions and prescribed particulars

   4.27.   Marking of "mass when packed"  
   4.28.   Prohibition on use of "gross mass"  
   4.29.   Prohibited expressions  
   4.29A.  Prescribed particulars for register  

           Division 4.6--Desiccation

   4.31.   Permissible deficiency--prepacked fresh mushrooms  
   4.32.   Permissible deficiency--prepacked soap  

           Division 4.7--Shortfall

              Subdivision 1--Provisions applying for package lots of 100 or more--the average quantity system

   4.34.   AQS thresholds  
   4.36.   Tolerable deficiencies  
   4.37.   Weighted average quantity  
   4.38.   Test failure  

              Subdivision 2--Packages not marked with an AQS Mark

   4.42.   National test thresholds  
   4.43.   Test failure circumstances--groups  
   4.44.   Test failure circumstances--single article  

           Division 4.8--Miscellaneous

   4.46.   Application for permit to sell certain articles  

   PART 5--MISCELLANEOUS

   5.1.    Beer, spirits etc must be sold by reference to volume  
   5.2.    Sale of article at price determined by reference to measurement  
   5.3.    Sale of fuel at price determined by reference to measurement by volume  
   5.4.    Regulation 5.3 does not apply to certain sales of fuel  
   5.5.    Prescribed fees--applications  
   5.6.    Exempt utility meters  

   PART 6--INSPECTORS----PRESCRIBED QUALIFICATIONS AND FORM OF IDENTITY CARD

   6.1.    Prescribed qualifications  
   6.2.    Information that an identity card must contain  
           SCHEDULE 1 Maximum permissible errors
           SCHEDULE 2 Classes and subclasses of servicing licences
           SCHEDULE 3 The AQS Mark
           SCHEDULE 4 Exemptions from marking
           SCHEDULE 5 Expression of measurement marking
           SCHEDULE 6 Permissible units of measurement