South Australian Repealed Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

This legislation has been repealed.

TRADE MEASUREMENT ACT 1993 - SECT 80

80—Regulations

        (1)         The Governor may make regulations, not inconsistent with this Act, prescribing matters—

            (a)         required or permitted by this Act to be prescribed; or

            (b)         necessary or convenient to be prescribed for carrying out or giving effect to this Act.

        (2)         Without limiting the generality of subsection (1), the regulations may make provision with respect to the following:

            (a)         the provision, maintenance, custody and care of standards of measurement;

            (b)         regulating, prohibiting or restricting the use of measuring instruments for trade;

            (c)         limiting the purposes for which specified measuring instruments may lawfully be used or specifying the measuring instruments required to be used for specified purposes;

            (d)         the verification, re-verification or certification of measuring instruments;

            (e)         the positioning of, and access to, measuring instruments in order to facilitate their use for trade, their examination by an inspector or licensee and their verification, re-verification or certification;

            (f)         the provision of, and payment and recovery of the costs of, labour, materials, equipment and transportation necessary for the purpose of examining, testing, verifying or re-verifying a measuring instrument;

            (g)         the sealing of a certified, verified or re-verified measuring instrument;

            (h)         batch testing and quality assurance in relation to measuring instruments and the provision of labour, facilities and equipment for those purposes;

                  (i)         the provision or taking of samples of measuring instruments and the testing of the samples;

            (j)         conditionally or unconditionally conferring specified functions of an inspector on a person who has similar functions under a corresponding law;

            (k)         providing that the measurement of a specified article, or an article in a specified state or condition, is the measurement of the article for the purposes of this Act if it is carried out in a specified manner;

            (l)         matters applicable to weighbridges, whether or not public weighbridges, including their installation, functioning, operation, examination, testing, suitability and use;

            (m)         the functions of operators of public weighbridges;

            (n)         certificates of suitability for public weighbridges, including their issue, duration, suspension and cancellation and the keeping of a register of current certificates of suitability by the administering authority;

            (o)         prohibiting, regulating or restricting the sale of specified articles, or articles of a specified class, by reference to measurement or a specified kind or unit of measurement;

            (p)         the manner of and procedure for determining specified measurements or specified proportions of pre-packed articles;

            (q)         standard specifications of capacity in relation to packages containing specified pre-packed articles and the packing and sale of articles in those packages;

            (r)         the circumstances in which the mass of the package containing a specified article may be included in determining the net mass of the article;

            (s)         regulating the advertising of articles (including pre-packed articles) insofar as the advertising relates to measurement;

            (t)         prohibiting, regulating or restricting the sale of articles in relation to which an offence has been committed under this Act or the regulations;

            (u)         the keeping of records relating to measuring instruments.

        (3)         The regulations may prescribe a penalty not exceeding $2 000 for any offence against the regulations.

        (3a)         The regulations may fix expiation fees, not exceeding $200, for alleged offences against the regulations.

        (4)         A provision of a regulation may—

            (a)         apply generally or be limited in its application by reference to specified exceptions or factors; or

            (b)         apply differently, according to different factors of a specified kind; or

            (c)         authorise any matter or thing to be from time to time determined, applied or regulated by the administering authority or the licensing authority.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback