Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3A. Application of Act limited
3B. Expiry of Act
3. Interpretation
4. Determining certain quantities
5. References to functions
6. Use of measuring instrument for trade -- meaning
7. Application of Act to Crown
8. Regulations may make this Act inapplicable to certain matters
9. Regulations may provide for exemptions from this Act
PART 2 -- Use of measuring instruments for trade
10. Measuring instruments used for trade to be marked
11. Notice to remedy breach of section 10 may be given
12. Use of prescribed measuring instruments
13. Use of measuring instruments for pre-packed articles
14. Instruments that are incorrect or unjustly used
15. Notice to remedy breach of section 14 may be given
16. Supplying incorrect etc. measuring instrument
PART 3 -- Verification and certification of measuring instruments
17. Provision and maintenance of standards
18. Verification and re-verification by inspectors
19. Certification and re-certification by licensees
20. Provision of information to Commissioner by licensee
21. Duration of verification and certification
22. Requirements for measuring instruments
23. Standards of measurement to be used
24. Responsibilities of Commissioner concerning verification and certification
25. Keeping of register
26. Instruments not covered by this Act
27. Rejection of instrument by inspector -- obliteration of marks
28. Duty of persons doing certain work to obliterate marks or take other action
29. Marks on labels affixed to measuring instruments
30. Making mark without authority
31. Other offences concerning marks
PART 4 -- Transactions by measurement
32. Measurement to be open to scrutiny in certain cases
33. Incorrect measurement or price calculation
34. Variation of quantity ordered
35. Special provisions for sale of meat
36. Special provision for sale of firewood by volume
37. Articles required to be sold by specific measurement
38. Presumptions concerning mass of vehicles
PART 5 -- Pre-packed articles
Division 1 -- Requirements for packaging and sale of pre-packed articles
39. Requirements as to packaging of pre-packed articles
40. Defences concerning packaging of pre-packed articles
41. Restrictions on use of certain expressions on packages
42. Incorrect pricing of pre-packed article
43. Offence of packing or selling short measure
44. Extent of deficiency necessary to constitute short measure
45. Defences concerning short measure
46. Seller’s general defence
47. Employee’s general defence
48. Regulations concerning methods of measurement
Division 2 -- Permit to sell certain pre-packed articles
49. Commissioner may issue permits
50. Requirements for issue
51. Cancellation of permits
52. Recognition of permits under corresponding laws
PART 6 -- Licensing
Division 1 -- Requirements for licences
53. Requirement for servicing licence
54. Requirement for public weighbridge licence
Division 2 -- Granting of licences and related provisions
55. Application for licence
56. Grounds for refusal
57. Licence to include reference to any registered business name
58. Licensee to be allotted a mark
59. Register of licences
60. Conditions may be imposed on licences
61. Conditions on all servicing licences
62. Conditions on all public weighbridge licences
63. Conditions need not be endorsed on licence
64. Periodic licence fee
65. Continuation of weighbridge suitability statement in particular circumstances
66. If weighbridge no longer suitable for use as a public weighbridge
67. Cancellation for non-payment of licence fee
68. Surrender etc. of licence
69. Return of licence
70. Effect of relocation of licensed weighbridge
71. Application to amend condition of licence
72. Order preventing employment of certain persons
Division 3 -- Changes in licensed partnership or management of licensed body corporate
73. Change of licence holders due to change of partnership
74. Inclusion of new person in management of body corporate
75. Notice to applicant and amendment of licence
76. Time allowed for making and determination of applications under this Division
77. Offence of failure by body corporate to take certain action without approval
Division 4 -- Disciplinary action against licensees
78. Grounds for disciplinary action
79. Notice to licensee of grounds for disciplinary action
80. Taking of disciplinary action
Division 5 -- Review of decisions
81. Right to have certain decisions reviewed
PART 7 -- Inspectors
82. Powers of entry etc.
83. Powers in relation to measuring instruments
84. Powers in relation to articles
85. Pre-packed articles -- special powers
86. Return etc. of seized property
87. Obstruction etc. of inspector
88. Self-incrimination
89. Inspector’s certificate of authority to be produced
PART 8 -- Miscellaneous
90. Compensation for loss caused by offence
91. Offence by employee -- liability of employer
92. Offence by body corporate -- liability of directors etc.
93. False or misleading statements
94. Evidence -- signatures of Minister and officials
95. Certificate evidence
96. Evidence -- pre-packed articles
97. Packaged article presumed to be pre-packed in certain circumstances
98. Evidence -- use of measuring instrument for trade
99. Records -- English language
100. Regulations
101. Regulations may commence on different days
102. Operation of Fair Trading Act 2010 not affected
PART 9 -- Transitional provisions for the measurement of certain alcoholic liquor
103. Interpretation and application
104. Delayed application of sections 10(1), 16 and
105. Temporary continuation of certain provisions of repealed Act
106. Further provision may be made for this Part
Compilation table