Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
TRADE MEASUREMENT (REPEAL) BILL 2010
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 - LEGISLATION REPEALED, RESCINDED AND REVOKED
4. Legislation repealed
5. Legislation rescinded
6. Legislation revoked
PART 3 - TRANSITIONAL PROVISIONS
7. Penalty notices
8. Disciplinary action
9. Reviews
10. Seized measuring instruments, records, articles and other things
11. Unpaid fees
12. Search warrants
13. Application of repealed Acts
14. References to repealed Acts
PART 4 - MISCELLANEOUS
15. Provision of register and other information
[Bill 27]-I
16. Relationship to section 16 of the Acts Interpretation Act 1931
17. Regulations
18. Consequential amendments
19. Repeal of Act
20. Administration of Act
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 - LEGISLATION REPEALED
SCHEDULE 3 - LEGISLATION RESCINDED
SCHEDULE 4 - LEGISLATION REVOKED
2
TRADE MEASUREMENT (REPEAL) BILL 2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
26 August 2010
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to repeal the Trade Measurement Act 1999 and the
Trade Measurement (Tasmania) Administration Act 1999 as
a consequence of the transfer of trade measurement
responsibilities to the Commonwealth and to make
provision for transitional and consequential matters
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Trade Measurement
(Repeal) Act 2010.
[Bill 27] 3
Trade Measurement (Repeal) Act 2010
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent, but if it does not
receive the Royal Assent by 6 September 2010
this Act is taken to have commenced on
6 September 2010.
3. Interpretation
In this Act, unless the contrary intention
appears -
"administering authority" has the same
meaning as it had in the Trade
Measurement Act 1999 (as in force
immediately before the commencement
of this Act);
"Commonwealth trade measurement law"
means the National Measurement Act
1960 of the Commonwealth or any
regulations made under that Act;
"continuing matter" means -
(a) a penalty notice offence in
respect of which a penalty notice
is issued in accordance with
section 4; or
(b) disciplinary action taken in
accordance with section 5; or
4
Trade Measurement (Repeal) Act 2010
Act No. of
Part 1 - Preliminary s. 3
(c) a review carried out, or an
application for a review made, in
accordance with section 6; or
(d) a seized measuring instrument,
record, article or other thing to
which section 7 applies; or
(e) a fee or charge to which section 8
applies; or
(f) a search warrant in respect of
which an application is made, or
that is issued, in accordance with
section 9; or
(g) any thing done, or omitted to be
done, under the Trade
Measurement Act 1999 or the
Trade Measurement (Tasmania)
Administration Act 1999 in
relation to a matter mentioned in
paragraph (a), (b), (c), (d), (e) or
(f);
"inspector" has the same meaning as it had in
the Trade Measurement (Tasmania)
Administration Act 1999 (as in force
immediately before the commencement
of this Act);
"licensee" means a person who held a licence
in force under Part 6 of the Trade
Measurement Act 1999 before the
commencement of this Act;
5
Trade Measurement (Repeal) Act 2010
Act No. of
s. 3 Part 1 - Preliminary
"licensing authority" has the same meaning
as it had in the Trade Measurement Act
1999 (as in force immediately before the
commencement of this Act);
"National Measurement Institute" means
the National Measurement Institute
established under section 17 of the
Commonwealth trade measurement law.
6
Trade Measurement (Repeal) Act 2010
Act No. of
Part 2 - Legislation Repealed, Rescinded and Revoked s. 4
PART 2 - LEGISLATION REPEALED, RESCINDED
AND REVOKED
4. Legislation repealed
The legislation specified in Schedule 2 is
repealed.
5. Legislation rescinded
The legislation specified in Schedule 3 is
rescinded.
6. Legislation revoked
The legislation specified in Schedule 4 is
revoked.
7
Trade Measurement (Repeal) Act 2010
Act No. of
s. 7 Part 3 - Transitional Provisions
PART 3 - TRANSITIONAL PROVISIONS
7. Penalty notices
(1) An infringement notice may be issued and
served on a person in relation to an infringement
notice offence after the commencement of this
Act if -
(a) the person is alleged to have committed
the infringement notice offence before
that commencement; and
(b) an infringement notice had not been
served immediately before that
commencement.
(2) In this section -
"infringement notice offence" means an
offence prescribed under the Trade
Measurement (Tasmania) Administration
Act 1999 for the purposes of section 8 of
that Act.
8. Disciplinary action
(1) The licensing authority may take disciplinary
action against a licensee after the
commencement of this Act if -
(a) the licensing authority served a written
notice on the licensee in accordance with
8
Trade Measurement (Repeal) Act 2010
Act No. of
Part 3 - Transitional Provisions s. 9
section 57 of the Trade Measurement Act
1999 before that commencement; and
(b) the licensing authority had not taken
disciplinary action, or had decided not to
take disciplinary action, against the
licensee as at that commencement.
(2) In this section -
"disciplinary action" means disciplinary
action under section 58 of the Trade
Measurement Act 1999 (as in force
immediately before the commencement
of this Act).
9. Reviews
(1) A person may apply to the Magistrates Court
(Administrative Appeals Division) for the
review of a decision of a licensing authority after
the commencement of this Act if -
(a) the person could have lodged an appeal
against the decision under section 59 of
the Trade Measurement Act 1999
immediately before that commencement;
and
(b) the person had not lodged such an
appeal.
(2) The Magistrates Court (Administrative Appeals
Division) may review a decision on the
application of a person under subsection (1).
9
Trade Measurement (Repeal) Act 2010
Act No. of
s. 10 Part 3 - Transitional Provisions
(3) The Magistrates Court (Administrative Appeals
Division) may continue to review a decision of
the licensing authority after the commencement
of this Act and may determine an application for
review if -
(a) the lodgement of the appeal under
section 59 of the Trade Measurement Act
1999 was made before that
commencement; and
(b) the appeal had not been finally
determined immediately before that
commencement.
10. Seized measuring instruments, records, articles and
other things
(1) This section applies if, before the
commencement of this Act, an inspector seized -
(a) a measuring instrument, or records
concerning a measuring instrument or its
use, under section 61 of the Trade
Measurement Act 1999; or
(b) an article, a sample of an article, a
package containing an article, or records
concerning any such article or package,
under section 62 of the Trade
Measurement Act 1999.
(2) Subject to subsection (3), the inspector may deal
with the seized thing after the commencement of
10
Trade Measurement (Repeal) Act 2010
Act No. of
Part 3 - Transitional Provisions s. 11
this Act as if the Trade Measurement Act 1999
had not been repealed.
(3) The National Measurement Institute may inspect
a seized thing for the purposes of the
administration or enforcement of the
Commonwealth trade measurement law.
11. Unpaid fees
(1) A fee or charge that is payable under regulations
made under the Trade Measurement (Tasmania)
Administration Act 1999 immediately before the
commencement of this Act, and that remains
unpaid, continues to be recoverable as a debt due
to the Crown.
(2) A charge that would have been payable by a
licensee in respect of certification under
regulations made under the Trade Measurement
(Tasmania) Administration Act 1999 after the
commencement of this Act in respect of a period
that ended on or before that commencement
continues to be payable and is recoverable as a
debt due to the Crown.
(3) Any information required by the administering
authority in relation to the calculation of any
charge referred to in subsection (2) must be
provided by the licensee within 21 days after the
end of the relevant period.
11
Trade Measurement (Repeal) Act 2010
Act No. of
s. 12 Part 3 - Transitional Provisions
12. Search warrants
(1) An inspector may apply to an issuing officer for
the issue of a search warrant, and the issuing
officer may issue a search warrant, after the
commencement of this Act if -
(a) the inspector believes on reasonable
grounds that a provision of the Trade
Measurement Act 1999 or the Trade
Measurement (Tasmania) Administration
Act 1999 or of the regulations under
either of those Acts had been
contravened in or on a part of any
premises before that commencement; and
(b) a search warrant had not been issued as
at that commencement in relation to
those premises based on the inspector's
belief.
(2) The Search Warrants Act 1997 applies to a
search warrant under this section.
(3) In this section -
"issuing officer" has the same meaning as it
has in the Search Warrants Act 1997.
13. Application of repealed Acts
For the purposes of a continuing matter -
(a) the Trade Measurement Act 1999 and the
Trade Measurement (Tasmania)
Administration Act 1999 continue to
12
Trade Measurement (Repeal) Act 2010
Act No. of
Part 3 - Transitional Provisions s. 14
apply as if they had not been repealed by
this Act; and
(b) the legislation specified in Schedule 1
continues to apply as if it had not been
amended by this Act.
14. References to repealed Acts
In any other Act or instrument, a reference to the
Trade Measurement Act 1999 or the Trade
Measurement (Tasmania) Administration Act
1999 extends to a reference to the
Commonwealth trade measurement law (except
in so far as the context or subject matter
otherwise indicates or requires).
13
Trade Measurement (Repeal) Act 2010
Act No. of
s. 15 Part 4 - Miscellaneous
PART 4 - MISCELLANEOUS
15. Provision of register and other information
(1) The following may be provided to the National
Measurement Institute for the purpose of the
administration or enforcement of the
Commonwealth trade measurement law:
(a) a copy of the register kept under section
47 of the Trade Measurement Act 1999;
(b) information obtained by the licensing
authority under the Trade Measurement
Act 1999 and the Trade Measurement
(Tasmania) Administration Act 1999;
(c) information obtained by the
administering authority under the Trade
Measurement Act 1999 and the Trade
Measurement (Tasmania) Administration
Act 1999;
(d) information relating to a continuing
matter or to any proceedings for an
offence against the Trade Measurement
Act 1999 or the Trade Measurement
(Tasmania) Administration Act 1999 that
are instituted or continued after the
commencement of this Act.
(2) Any such information or thing may be provided
by the Secretary or by any person authorised by
the Secretary.
14
Trade Measurement (Repeal) Act 2010
Act No. of
Part 4 - Miscellaneous s. 16
(3) This section applies despite any other Act or law
to the contrary.
16. Relationship to section 16 of the Acts Interpretation
Act 1931
Except to the extent otherwise provided by this
Act, nothing in this Act affects the operation of
section 16 of the Acts Interpretation Act 1931.
17. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may make provision for or with
respect to savings and transitional matters
consequent on the repeal of the Trade
Measurement Act 1999 and the Trade
Measurement (Tasmania) Administration Act
1999.
18. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
19. Repeal of Act
This Act is repealed on 1 July 2013.
15
Trade Measurement (Repeal) Act 2010
Act No. of
s. 20 Part 4 - Miscellaneous
20. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Corrections and
Consumer Protection; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
16
Trade Measurement (Repeal) Act 2010
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 18
Fisheries (Processing and Handling) Rules 2001
1. Rule 3(1) is amended by omitting the definition of
"weighing instrument" and substituting the following
definition:
"weighing instrument" means a measuring instrument,
as defined in the National Measurement Act 1960 of
the Commonwealth, used for weighing.
Justices Order 2004
1. Clause 4 is amended by omitting paragraphs (z) and (za).
17
Trade Measurement (Repeal) Act 2010
Act No. of
sch. 2
SCHEDULE 2 - LEGISLATION REPEALED
Section 4
Trade Measurement (Tasmania) Administration Act 1999 (No.
94 of 1999)
Trade Measurement Act 1999 (No. 104 of 1999)
18
Trade Measurement (Repeal) Act 2010
Act No. of
sch. 3
SCHEDULE 3 - LEGISLATION RESCINDED
Section 5
Trade Measurement (Measuring Instruments) Regulations
2000 (No. 163 of 2000)
Trade Measurement (Miscellaneous) Regulations 2000 (No.
164 of 2000)
Trade Measurement (Pre-packed Articles) Regulations 2000
(No. 165 of 2000)
Trade Measurement (Weighbridges) Regulations 2000 (No.
166 of 2000)
Trade Measurement (Tasmania) Administration Regulations
2000 (No. 203 of 2000)
Trade Measurement (Miscellaneous) Amendment Regulations
2003 (No. 14 of 2003)
Trade Measurement (Pre-packed Articles) Amendment
Regulations 2009 (No. 63 of 2009)
Trade Measurement (Pre-packed Articles) Amendment
Regulations (No. 2) 2009 (No. 140 of 2009)
19
Trade Measurement (Repeal) Act 2010
Act No. of
sch. 4
SCHEDULE 4 - LEGISLATION REVOKED
Section 6
Proclamation under the Trade Measurement Act 1999 (No.
193 of 2000)
Proclamation under the Trade Measurement (Tasmania)
Administration Act 1999 (No. 194 of 2000)
20 Government Printer, Tasmania