Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsSelect Legislative Instrument No. 233, 2009
made under the
Compilation No. 8
Compilation date: 20 March 2024
Includes amendments: F2024L00294
Registered: 8 April 2024
This compilation
This is a compilation of the National Trade Measurement Regulations 2009 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
Part 1--Interpretation
Part 2--Material measures
Division 1--Length
Division 2--Weight
Division 3--Volume
Division 4--Dispensing measures including pharmaceutical measures
Part 3--Measuring instruments
Division 1--Length-measuring instruments
Division 2--Area-measuring instruments
Division 3--Farm milk tanks
Division 4--Vehicle tanks
Division 5--Liquid-measuring systems
Division 6--Weighing instruments
Division 7--Automatic rail-weighbridges
Division 8--Grain protein measuring instruments
Division 9--Water Vending Machines
Division 10--Multi-dimensional measuring instruments
Division 11--Water meters
Division 12--Electricity meters
Schedule 2--Classes and subclasses of servicing licences
Part 1--General
Part 2--Supplementary
Schedule 3--The AQS Mark
Schedule 4--Exemptions from marking
1 Textile goods
2 Food goods
3 Medicinal and toilet goods
4 Hardware goods
5 General goods
Schedule 5--Expression of measurement marking
Schedule 6--Permissible units of measurement
1 Mass
2 Volume
3 Linear measurement
4 Area measurement
5 Mass per specified length
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Number and year | Registration | Commencement | Application, saving and transitional provisions |
233, 2009 | 11 Sept 2009 (F2009L03479) | 12 Sept 2009 (r 1.2) |
|
180, 2010 | 30 June 2010 (F2010L01784) | r 1-3 and Sch 1: 1 July 2010 (r 2(a)) | -- |
126, 2011 | 30 June 2011 (F2011L01373) | 1 July 2011 (r 2) | -- |
302, 2012 | 11 Dec 2012 (F2012L02420) | 1 Jan 2013 (s 2) | -- |
101, 2014 | 28 June 2014 (F2014L00867) | Sch 2: 1 Jan 2015 (s 2 (item 3)) | -- |
Name | Registration | Commencement | Application, saving and transitional provisions |
National Measurement Legislation Amendment (Fees) Regulations 2019 | 28 June 2019 (F2019L00917) | Sch 1 (items 5-14): 1 July 2019 (s 2(1) item 1) | -- |
Statute Law Amendment (Prescribed Forms) Regulations 2024 | 15 Mar 2024 (F2024L00294) | Sch 1 (items 51-55): 20 Mar 2024 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
r 1.2.................... | rep LA s 48D |
r 1.3.................... | rep No 101, 2014 |
r 1.4.................... | am No 180, 2010; No 126, 2011; No 101, 2014; F2019L00917 |
r 1.6.................... | ad No 180, 2010 |
Part 2 |
|
Division 2.1 |
|
r 2.11................... | rs No 126, 2011 |
Division 2.2 |
|
r 2.29................... | rs No 126, 2011 |
r 2.36A.................. | ad No 180, 2010 |
r 2.36B.................. | ad No 180, 2010 |
Division 2.3 |
|
r 2.38................... | am No 180, 2010; No 101, 2014 |
Division 2.4 |
|
r 2.41................... | rs F2019L00917 |
r 2.41A.................. | ad F2019L00917 |
r 2.41B.................. | ad F2019L00917 |
r 2.41C.................. | ad F2019L00917 |
r 2.42................... | am No 180, 2010 |
r 2.43................... | am No 101, 2014 |
r 2.44................... | rs F2019L00917 |
r 2.45................... | rs F2019L00917 |
r 2.46................... | rs F2019L00917 |
r 2.47................... | ad No 180, 2010 |
| am No 126, 2011 |
| rs No 101, 2014 |
r 2.47A.................. | ad No 101, 2014 |
| am F2019L00917 |
r 2.48................... | ad No 180, 2010 |
Part 3 |
|
Division 3.1 |
|
r 3.4.................... | am No 126, 2011; No 101, 2014 |
r 3.7.................... | am No 126, 2011; No 101, 2014 |
r 3.11................... | am No 126, 2011 |
Division 3.2 |
|
r 3.12................... | am No 180, 2010 |
| rs F2019L00917 |
r 3.13................... | rs F2019L00917 |
r 3.14................... | rs F2019L00917 |
r 3.15................... | rs F2019L00917 |
r 3.16................... | rs F2019L00917 |
r 3.25................... | am No 180, 2010 |
r 3.27................... | am No 180, 2010 |
r 3.38................... | am No 180, 2010 |
r 3.40................... | am No 180, 2010 |
r 3.41................... | am No 101, 2014 |
r 3.56................... | am No 180, 2010 |
r 3.58................... | am No 180, 2010 |
r 3.61A.................. | ad No 180, 2010 |
r 3.62................... | am No 126, 2011; No 101, 2014 |
Part 4 |
|
Division 4.1 |
|
r 4.1.................... | rep No 101, 2014 |
r 4.1 (prev r 4.2)............ | am No 101, 2014 |
r 4.2.................... | renum No 101, 2014 |
Division 4.2 |
|
r 4.6.................... | am No 180, 2010; No 101, 2014 |
Division 4.3 |
|
r 4.7.................... | am No 101, 2014 |
r 4.8.................... | am No 180, 2010 |
Division 4.4 |
|
Subdivision 1 |
|
r 4.9.................... | am No 101, 2014 |
r 4.10................... | am No 101, 2014 |
r 4.13................... | rs No 101, 2014 |
r 4.16A.................. | ad No 180, 2010 |
Subdivision 3 |
|
r 4.23................... | am No 101, 2014 |
Division 4.5 |
|
Division 4.5 heading......... | rs No 180, 2010 |
r 4.28................... | am No 101, 2014 |
r 4.29A.................. | ad No 180, 2010 |
Division 4.6 |
|
r 4.30................... | rep No 101, 2014 |
Division 4.7 |
|
r 4.33................... | am No 180, 2010 |
| rep No 101, 2014 |
r. 4.35................... | am. 2010 No. 180 |
| rep. 2010 No. 180 |
r. 4.36................... | rs. 2010 No. 180 |
r. 4.39................... | rep. 2010 No. 180 |
r. 4.40................... | am. 2010 No. 180 |
| rep. 2010 No. 180 |
r. 4.41................... | rep. 2010 No. 180 |
r. 4.45................... | rep. 2010 No. 180 |
Part 5 |
|
r 5.2.................... | am No 180, 2010; No 101, 2014 |
| ed C7 |
r 5.4.................... | am No 101, 2014 |
r 5.5.................... | rs F2019L00917 |
r 5.6.................... | ad No 126, 2011 |
| am No 302, 2012; No 101, 2014 |
Part 6 |
|
Part 6................... | ad. 2010 No. 180 |
r. 6.1.................... | ad. 2010 No. 180 |
| rs. 2010 No. 180; No 101, 2014 |
r 6.2.................... | ad No 180, 2010 |
| am F2024L00294 |
Schedule 1 |
|
Schedule 1................ | am No 180, 2010; No 126, 2011; No 302, 2012 |
Schedule 2 |
|
Schedule 2................ | am No 180, 2010; No 126, 2011; No 302, 2012 |
Schedule 4 |
|
Schedule 4................ | am No 101, 2014 |
Schedule 5 |
|
Schedule 5 heading.......... | rs No 101, 2014 |
Schedule 5................ | am No 101, 2014 |
Schedule 6 |
|
Schedule 6 heading.......... | rs No 101, 2014 |
Schedule 6................ | am No 101, 2014 |