Commonwealth Numbered Acts Commonwealth Numbered Acts1 Definitions
(1) In this Schedule:
administering authority means the person who, under an earlier corresponding law, is the administering authority for the purposes of the earlier corresponding law.
commencing day means 1 July 2009.
earlier corresponding law has the same meaning as in the National Measurement Act 1960 , as amended by item 12 of Schedule 1.
licensing authority means the person who, under an earlier corresponding law, is the licensing authority for the purposes of the earlier corresponding law.
new law means the National Measurement Act 1960 , as amended by Schedule 1.
transition day means 1 July 2010.
(2) Subject to subitem (1), an expression used in this Schedule that is also used in the new law has the same meaning in this Schedule as it has in the new law.
Part 2 -- General application provisions
2 Application of Part IV of new law
Part IV of the new law applies to:
(a) in relation to offences in relation to utility meters--conduct occurring on or after the commencing day; and
(b) in relation to the verification of utility meters--verification on or after the commencing day; and
(c) in relation to offences in relation to any other measuring instrument--conduct occurring on or after the transition day; and
(d) in relation to the verification of any other measuring instrument--verification on or after the transition day.
3 Application of Parts V, VI and VII of new law
(1) Parts V, VI and VII of the new law apply to conduct occurring on or after the transition day, unless otherwise specified in this item.
(2) Section 18HH of the new law applies to measuring instruments and methods of measurement used by trade measurement inspectors:
(a) in relation to utility meters--on or after the commencing day; and
(b) in all other cases--on or after the transition day.
(3) Sections 18JX and 18JY of the new law apply to articles imported, sold or possessed, offered or exposed for sale, on or after the transition day.
(4) Paragraphs 18HF(2)(b) and (c) of the new law apply to contracts entered into on or after the transition day.
4 Application of section 18LE of new law
Section 18LE of the new law applies in relation to an article packed in advance ready for sale on or after the transition day.
5 Application of sections 18LQ, 18PR and 18PS of new law
The following provisions of the new law apply to contracts entered into on or after the transition day:
(a) section 18LQ;
(b) subsection 18PR(5);
(c) subsection 18PS(5).
6 Licences granted under Part X of new law
If the Secretary grants a servicing licence under section 18NB of the new law before the transition day, the licence comes into force on:
(a) the transition day; or
(b) a later day specified in the notice given to the applicant under subsection 18NB(2).
7 Licences granted under Part XI of new law
If the Secretary grants a public weighbridge licence under section 18PB of the new law before the transition day, the licence comes into force on:
(a) the transition day; or
(b) a later day specified in the notice given to the applicant under subsection 18PB(2).
Part 3 -- Marks and verification generally
8 Continued recognition of existing verification and certification marks
(1) This item applies if:
(a) a measuring instrument has been marked under an earlier corresponding law with an inspector's mark or a licensee's mark (within the meaning of the earlier corresponding law); and
(b) the mark is present on the instrument immediately before the transition day; and
(c) the presence of the mark on the instrument at that time is in accordance with the earlier corresponding law.
(2) Subject to subitem (3), on and from the transition day the instrument is taken to be a measuring instrument verified for the purposes of the new law.
(3) If the instrument is of a class for which a re‑verification period is prescribed under paragraph 18GG(1)(b) of the new law:
(a) the re‑verification period is taken to have started on the day on which the instrument was last marked with an inspector's mark or licensee's mark under the earlier corresponding law; and
(b) the instrument ceases to be verified at the end of the re‑verification period, unless re‑verified before that day.
(4) If the re‑verification period prescribed under paragraph 18GG(1)(b) would, on the application of paragraph (3)(a) of this item, end before the transition day, the instrument does not cease to be verified under paragraph (3)(b) of this item, but does cease to be verified on the last day of the period of 1 month beginning at the start of the transition day, unless re‑verified before that day.
9 Continued use of existing licensee's mark
(1) This item applies if:
(a) a mark (the old mark ) has been approved by a licensing authority for use by or on behalf of a person holding a servicing licence under an earlier corresponding law (the licensee ) in certifying a measuring instrument under the earlier corresponding law; and
(b) immediately before the transition day:
(i) the approval has not been revoked under the earlier corresponding law; and
(ii) the servicing licence has not been cancelled.
(2) For the purposes of the new law, the old mark is taken to be a servicing licensee's mark approved by the Secretary under paragraph 18NB(4)(a) of the new law for use by or on behalf of the licensee in verifying measuring instruments during the period:
(a) beginning at the start of the transition day; and
(b) ending on the earliest of the following:
(i) the end of the day that is 12 months after the transition day;
(ii) if the licence that the licensee is taken to hold under item 12 of this Schedule is suspended or cancelled under section 18QC of the new law during that period--the start of the day on which the suspension or cancellation takes effect;
(iii) the day on which a servicing licensee's mark is approved for use by the licensee under subitem 12(7).
10 Permits in relation to compulsory product information
(1) This item applies if:
(a) a permit (the old permit ) is issued to a person under an earlier corresponding law authorising the sale (within the meaning of the earlier corresponding law) of an article packed in advance ready for sale; and
(b) the sale of the article would, but for the old permit, be an offence against a compulsory product information provision; and
(c) immediately before the transition day, the old permit is still in force.
(2) The old permit has effect under the new law as if it had been issued:
(a) in relation to the sale of the article (as defined for the purposes of the new law)--under paragraph 18JX(2)(a) of the new law; or
(b) in relation to the possession of the article for sale, or the offering or exposure of the article for sale--under paragraph 18JX(3)(a) of the new law;
for the period:
(c) beginning at the start of the transition day; and
(d) ending on the earlier of:
(i) the end of the day on which the old permit would have ceased to have had effect if the earlier corresponding law had not been repealed; and
(ii) the end of the day that is 6 months after the transition day.
(3) For the purposes of this item, each of the following is a compulsory product information provision :
(a) paragraph 28(3)(b) of the Trade Measurement Act 1989 of New South Wales;
(b) paragraph 28(3)(b) of the Trade Measurement Act 1995 of Victoria;
(c) paragraph 28(3)(b) of the Trade Measurement Act 1990 of Queensland;
(d) paragraph 39(3)(b) of the Trade Measurement Act 2006 of Western Australia;
(e) paragraph 28(3)(b) of the Trade Measurement Act 1993 of South Australia;
(f) paragraph 28(3)(b) of the Trade Measurement Act 1999 of Tasmania;
(g) paragraph 28(3)(b) of the Trade Measurement Act 1991 of the Australian Capital Territory;
(h) paragraph 28(3)(b) of the Trade Measurement Act of the Northern Territory.
11 Permits in relation to prohibited expressions
(1) This item applies if:
(a) a permit (the old permit ) is issued to a person under an earlier corresponding law authorising the sale (within the meaning of the earlier corresponding law) of an article packed in advance ready for sale; and
(b) the sale of the article would, but for the old permit, be an offence against a prohibited expression provision; and
(c) immediately before the transition day, the old permit is still in force.
(2) The old permit has effect under the new law as if it had been issued:
(a) in relation to the sale of the article (as defined for the purposes of the new law)--under paragraph 18JX(2)(b) of the new law; or
(b) in relation to the possession of the article for sale, or the offering or exposure of the article for sale--under paragraph 18JX(3)(b) of the new law;
for the period:
(c) beginning at the start of the transition day; and
(d) ending on the earlier of:
(i) the end of the day on which the old permit would have ceased to have had effect if the earlier corresponding law had not been repealed; and
(ii) the end of the day that is 6 months after the transition day.
(3) For the purposes of this item, each of the following is a prohibited expression provision :
(a) section 30 of the Trade Measurement Act 1989 of New South Wales;
(b) section 30 of the Trade Measurement Act 1995 of Victoria;
(c) section 30 of the Trade Measurement Act 1990 of Queensland;
(d) section 41 of the Trade Measurement Act 2006 of Western Australia;
(e) section 30 of the Trade Measurement Act 1993 of South Australia;
(f) section 30 of the Trade Measurement Act 1999 of Tasmania;
(g) section 30 of the Trade Measurement Act 1991 of the Australian Capital Territory;
(h) section 30 of the Trade Measurement Act of the Northern Territory.
Part 5 -- Servicing licences and public weighbridge licences
12 Servicing licences and public weighbridge licences continue in force
(1) If a person holds a servicing licence under an earlier corresponding law (an old licence ) immediately before the transition day, the old licence has effect on and after the transition day as if it were a servicing licence granted under section 18NB of the new law (a new licence ).
(2) If a person holds a public weighbridge licence under an earlier corresponding law (also an old licence ) immediately before the transition day, the old licence has effect on and after the transition day as if it were a public weighbridge licence granted under section 18PB of the new law (also a new licence ).
(3) Any condition to which an old licence was subject under an earlier corresponding law immediately before the transition day continues in force as a condition of the new licence imposed:
(a) in the case of a servicing licence--under section 18NG of the new law; or
(b) in the case of a public weighbridge licence--under section 18PG of the new law.
(4) However, if a condition mentioned in subitem (3) is inconsistent with:
(a) in the case of a servicing licence--a condition on all servicing licences under section 18NH of the new law; or
(b) in the case of a public weighbridge licence--a condition on all public weighbridge licences under section 18PH of the new law; or
(c) any other condition prescribed for the purposes of this paragraph;
the condition mentioned in paragraph (a), (b) or (c) prevails and, to the extent of the inconsistency, the condition mentioned in subitem (3) does not have effect.
(5) Nothing in this item prevents the imposition, variation or revocation of a condition on a new licence under the new law on or after the transition day.
(6) The new licence continues in effect until:
(a) if the old licence was subject to a periodic licence fee under a periodic licence fee provision--the day on which the next fee was payable; or
(b) the new licence is cancelled under the new law.
(7) The Secretary must:
(a) approve a mark for use by the servicing licensee and employee of the servicing licensee when verifying measuring instruments; and
(b) give the servicing licensee written notice including the details of the mark.
(8) If, immediately before the transition day, the old licence is suspended under an earlier corresponding law, on the transition day the new licence is taken to be suspended under the new law for the period ending on the day on which the suspension of the old licence would have ended under the earlier corresponding law.
(9) For the purposes of this item, each of the following is a periodic licence fee provision :
(a) section 52 of the Trade Measurement Act 1989 of New South Wales;
(b) section 52 of the Trade Measurement Act 1995 of Victoria;
(c) section 52 of the Trade Measurement Act 1990 of Queensland;
(d) section 64 of the Trade Measurement Act 2006 of Western Australia;
(e) section 52 of the Trade Measurement Act 1993 of South Australia;
(f) section 52 of the Trade Measurement Act 1999 of Tasmania;
(g) section 52 of the Trade Measurement Act 1991 of the Australian Capital Territory;
(h) section 52 of the Trade Measurement Act of the Northern Territory.
13 Transitional provision--public weighbridge no longer suitable for use
If:
(a) a notice has been served, under an earlier corresponding law, on a person who held a public weighbridge licence under that law:
(i) stating that an administering authority considers a public weighbridge is no longer suitable for use as a public weighbridge; and
(ii) stating that the person may make written representations to the administering authority within a period stating why the person considers the public weighbridge licence for the public weighbridge should not be cancelled; and
(b) immediately before the transition day the period mentioned in subparagraph (a)(ii) has not expired;
then:
(c) the notice is taken to be a notice given under 18PP of the new law in relation to the public weighbridge; and
(d) the person may make written submissions to the Secretary within the period of 14 days beginning at the start of the transition day stating why the person considers the public weighbridge licence that the person is taken to hold under item 12 of this Schedule for the public weighbridge should not be cancelled; and
(e) after considering any submissions made to the Secretary within that period, the Secretary may make a decision in accordance with section 18PP of the new law.
14 Orders preventing employment of certain persons
(1) If, immediately before the transition day, an order under an employment prevention order provision is in force (the old order ), then on and after the transition day, the old order is taken to be an order under:
(a) if the old order is a direction as to any of the following--section 18NN of the new law:
(i) not to employ a specified person to certify any measuring instrument;
(ii) not to employ a specified person to certify a specified class or classes of measuring instruments;
(iii) to employ a specified person to do either of the things mentioned in subparagraph (i) or (ii) only in compliance with specified conditions; or
(b) if the old order is a direction as to any of the following--section 18PQ of the new law:
(i) not to employ a specified person to perform duties relating to the operation of any public weighbridge;
(ii) not to employ a specified person to perform duties relating to the operation of a specified class or classes of public weighbridges;
(iii) to employ a specified person to do either of the things mentioned in subparagraph (i) or (ii) only in compliance with specified conditions.
(2) If the old order is one that, under paragraph (1)(a), is taken to have been made under section 18NN and a copy of the old order has not been served on a person to whom such an order is, under subsection 18NN(3), required to be served, a copy of the old order must be served on that person. However, nothing in this subitem or in subsection 18NN(3) affects the validity of the old order that continues to exist by force of subitem (1).
(3) If the old order is one that, under paragraph (1)(b), is taken to have been made under section 18PQ and a copy of the old order has not been served on a person to whom such an order is, under subsection 18PQ(3), required to be served, a copy of the old order must be served on that person. However, nothing in this subitem or in subsection 18PQ(3) affects the validity of the old order that continues to exist by force of subitem (1).
(4) For the purposes of this item, each of the following is an employment prevention order provision :
(a) section 55 of the Trade Measurement Act 1989 of New South Wales;
(b) section 55 of the Trade Measurement Act 1995 of Victoria;
(c) section 55 of the Trade Measurement Act 1990 of Queensland;
(d) section 72 of the Trade Measurement Act 2006 of Western Australia;
(e) section 55 of the Trade Measurement Act 1993 of South Australia;
(f) section 55 of the Trade Measurement Act 1999 of Tasmania;
(g) section 55 of the Trade Measurement Act 1991 of the Australian Capital Territory;
(h) section 55 of the Trade Measurement Act of the Northern Territory.
15 Proceedings under new law if disciplinary action not yet commenced
If:
(a) the Secretary reasonably suspects that there existed, before the transition day, grounds for disciplinary action under an earlier corresponding law in relation to a servicing licence or public weighbridge licence held by a person under that law immediately before that day (an old licence ); and
(b) no written notice has been served in accordance with the earlier corresponding law in relation to the grounds before the transition day;
then:
(c) on and after the transition day, the grounds for disciplinary action in relation to the old licence are taken to be grounds for disciplinary action in relation to the licence that the person is taken to hold under item 12 of this Schedule (the new licence ); and
(d) on or after the transition day, the Secretary may:
(i) serve a notice on the person in relation to those grounds under section 18QB of the new law; and
(ii) take disciplinary action in relation to the new licence in relation to those grounds in accordance with Part XII of the new law.
16 Proceedings under earlier corresponding law if disciplinary action commenced
If:
(a) disciplinary action under an earlier corresponding law has begun in relation to a servicing licence or public weighbridge licence held by a person under that law; and
(b) immediately before the transition day, the disciplinary action had not ended or been discontinued;
then nothing in this Act affects the continuation or conclusion of the disciplinary action on or after the transition day in accordance with the earlier corresponding law, but:
(c) to the extent that the disciplinary action to be taken involves:
(i) the imposition of a condition on a licence; or
(ii) the suspension of a licence; or
(iii) the cancellation of a licence;
the disciplinary action is taken in relation to the licence that the person is taken to hold under item 12 of this Schedule; and
(d) to the extent that the disciplinary action to be taken involves the disqualification, permanently or for a specified period, of the person from holding a licence, the disqualification is in relation to a servicing licence or public weighbridge licence under the new law.
17 Disqualification continues in force
(1) If, immediately before the transition day, a person was, under an earlier corresponding law, permanently disqualified from holding a licence under that law, the person is taken to be permanently disqualified under paragraph 18QC(1)(e) of the new law from holding a servicing licence or public weighbridge licence under that law.
(2) If, immediately before the transition day, a person was, under an earlier corresponding law, disqualified for a specified period from holding a licence under that law, the person is taken to be disqualified under paragraph 18QC(1)(e) of the new law from holding a servicing licence or public weighbridge licence under that law for the period:
(a) beginning at the start of the transition day; and
(b) ending at the time at which the disqualification would have ended under the earlier corresponding law.
18 Continued recognition of existing verification marks--utility meters
If, immediately before the commencing day, a utility meter is verified under the National Measurement Act 1960 , as in force at that time, then on and from the commencing day the utility meter is taken to be verified under the new law.
19 Continued use of existing verifying authority's mark--utility meters
(1) This item applies if:
(a) before the commencing day, a mark (the old mark ) has been allocated to a person under Part VA of the National Measurement Act 1960 , as in force at the time at which the old mark was allocated; and
(b) immediately before the commencing day:
(i) the allocation has not been revoked under the Act, as in force at that time; and
(ii) the appointment of the person as a verifying authority has not been revoked under the Act, as in force at that time.
(2) For the purposes of the new law, the old mark is taken to be a verification mark in relation to utility meters during the period:
(a) beginning at the start of the commencing day; and
(b) ending on the earliest of the following:
(i) the end of the day that is 12 months after the commencing day;
(ii) if the person is, at the start of the commencing day, taken to be a verifier in relation to utility meters under item 20 but the person's appointment is subsequently revoked under section 18RG of the new law--the start of the day on which the appointment is revoked;
(iii) the day on which a verification mark in relation to utility meters is allocated to the verifier under subitem 20(4).
20 Verifying authorities under old law become verifiers under new law
(1) If, immediately before the commencing day, a person was a verifying authority under the National Measurement Act 1960 , as in force at that time (the old law ), in relation to a particular class of utility meters, the person is taken to be a verifier in relation to that class of utility meters under the new law at the start of the commencing day as if the person were appointed:
(a) in the case of a person appointed before the commencing day under section 18ZC of the old law--under section 18RA of the new law; or
(b) in the case of a person appointed before the commencing day under section 18ZKA of the old law--under section 18RH of the new law.
(2) Any condition to which the appointment under the old law was subject immediately before the commencing day continues in force as if it were made:
(a) in the case of a person appointed before the commencing day under section 18ZC of the old law--under section 18RA of the new law; or
(b) in the case of a person appointed before the commencing day under section 18ZKA of the old law--under section 18RH of the new law.
(3) Nothing in this item prevents the imposition, variation or revocation of a condition under the new law on the appointment on or after the commencing day.
(4) The Secretary must allocate to the verifier:
(a) if the verifier will be personally undertaking verification of utility meters--a mark for use by the verifier; and
(b) if the verifier will be employing persons to undertake the verification of utility meters--a separate mark for use by each employee.
(5) If, immediately before the commencing day, the person's appointment as a verifying authority is suspended under the old law, on the commencing day the appointment as verifier is taken to be suspended under the new law for the period ending on the day on which the suspension of appointment under the old law would have ended under that law.
21 Proceedings under new law if disciplinary action not yet commenced
If:
(a) the Secretary is of the opinion that, immediately before the commencing day, there may have been grounds for taking disciplinary action under section 18ZJ of the National Measurement Act 1960 , as in force immediately before the commencing day (the old law ), against a person appointed as a verifying authority under section 18ZC of the old law because the person was in breach of a condition of the person's appointment; and
(b) no written notice has been served in accordance with section 18ZG of the old law on the person;
then:
(c) on and after the commencing day, the grounds for disciplinary action against the person under the old law are taken to be grounds for disciplinary action against the person under section 18RG of the new law; and
(d) on or after the commencing day, the Secretary may:
(i) serve a notice on the person in relation to those grounds under section 18RD of the new law; and
(ii) take disciplinary action in relation to the person in relation to those grounds in accordance with Division 2 of Part XIII of the new law.
22 Proceedings under earlier corresponding law if disciplinary action commenced
If:
(a) disciplinary action has begun against a person appointed as a verifying authority under section 18ZC of the National Measurement Act 1960 , as in force immediately before the commencing day (the old law ); and
(b) immediately before the commencing day, the disciplinary action had not ended or been discontinued;
then nothing in this Act affects the continuation or conclusion of the disciplinary action on or after the commencing day in accordance with the old law, but to the extent that the disciplinary action to be taken involves:
(c) the imposition of a condition on an appointment of the person; or
(d) the suspension of an appointment of the person; or
(e) the revocation of an appointment of the person;
the disciplinary action is taken in relation to the appointment of the person as a verifier that is taken to have been made under item 20 of this Schedule.
23 National instrument test procedures
The Uniform Test Procedures for the verification, certification and in‑service inspection of trade measuring instruments published by the National Measurement Institute as in force immediately before the transition day are taken, on and after the transition day, to be the national instrument test procedures for the purposes of section 18GG of the new law until national instrument test procedures are determined under that section.
24 Definition of approved pattern
If:
(a) a measuring instrument was first verified or certified under an earlier corresponding law before the transition day; and
(b) approval for a pattern for a measuring instrument was in force under the National Measurement Act 1960 , or regulations made under that Act, when it was first verified or certified; and
(c) the approval has expired or been cancelled (but not withdrawn);
the pattern is taken to be an approved pattern in relation to the measuring instrument for the purposes of that Act.
[ Minister's second reading speech made in--
House of Representatives on 24 September 2008
Senate on 24 November 2008 ]
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