Australian Capital Territory Numbered Acts
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TRADE MEASUREMENT ACT 1991 (NO. 56 OF 1991)
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY SHORT TITLE
1. This Act may be cited as the Trade Measurement Act 1991.
2. Commencement
3. Definitions etc.
4. Use of measuring instrument for trade—meaning
5. Application of Act to Crown
6. Exemptions from Act
PART II--USE OF MEASURING INSTRUMENTS FOR TRADE
7. Measuring instruments used for trade must be marked
8. Unjust measurement
9. Supplying incorrect etc. measuring instrument
PART III--VERIFICATION, RE-VERIFICATION AND CERTIFICATION OF MEASURING INSTRUMENTS
10. Provision and maintenance of standards
11. Verification and re-verification by inspectors
12. Certification by licensees
13. Requirements for measuring instruments
14. Standards of measurement to be used
15. Responsibilities of administering authority concerning verification and re-verification
16. Prohibition on use if re-verification cannot be carried out
17. Rejection of instrument by inspector—obliteration of marks
18. Duty of repairers etc. to obliterate marks
19. Marks on labels affixed to measuring instruments
20. Making mark without authority
21. Other offences concerning marks
PART IV--TRANSACTIONS BY MEASUREMENT MEASUREMENT MUST BE OPEN TO SCRUTINY IN CERTAIN
22. (1) If an article is sold at a price determined by reference to measurement of the article, the party that determines the price of the article shall ensure—
23. Incorrect measurement or price calculation
24. Variation of quantity ordered
25. Special provisions for sale of meat
26. Articles required to be sold by specific measurement
27. Presumptions concerning mass of vehicles
PART V--PRE-PACKED ARTICLES
28. Requirements for packaging of pre-packed articles
29. Defences concerning packaging of pre-packed articles
30. Restrictions on use of certain expressions on packages
31. Incorrect pricing of pre-packed article
32. Offence of packing or selling short measure
33. Extent of deficiency necessary to constitute short measure
34. Defences concerning short measure
35. Seller's general defence
36. Employee's general defence
37. Regulations concerning methods of measurement
38. Administering authority may issue permits
39. Requirements for issue
40. Cancellation of permits
41. Recognition of permits under corresponding laws
PART VI--LICENSING
42. Requirement for servicing licence
43. Requirement for public weighbridge licence
44. Application for licence
45. Grounds for refusal
46. Licensee to be allotted a mark
47. Register of licences
48. Conditions may be imposed on licences
49. Conditions on all servicing licences
50. Conditions on all public weighbridge licences
51. Conditions need not be endorsed on licence
52. Periodic licence fee
53. Cancellation for non-payment of licence fee
54. Surrender etc. of licence
55. Order preventing employment of certain persons
56. Grounds for disciplinary action
57. Notice to licensee of grounds for disciplinary action
58. Taking of disciplinary action
59. A person may appeal to the Australian Capital Territory Administrative Appeals Tribunal against a decision of the licensing authority—
PART VII--INSPECTORS POWERS OF ENTRY ETC.
60. (1) For the purpose of investigating an offence against this Act that the inspector reasonably believes has been committed, or for the purpose of exercising any function of an inspector under this Act, an inspector may at any reasonable time—
61. Powers in relation to measuring instruments
62. Powers in relation to articles
63. Pre-packed articles—special powers
64. Return etc. of seized property
65. Obstruction etc. of inspector
66. Self-incrimination
67. Inspector's certificate of authority to be produced
PART VIII--MISCELLANEOUS INCREASED PENALTY FOR BODY CORPORATE
68. The maximum penalty for an offence under a provision of this Act committed by a body corporate is a fine that is 5 times the fine provided for in the provision as the penalty.
69. Compensation for loss caused by offence
70. Recovery of compensation amount
71. Offence by employee—liability of employer
72. Offence by body corporate—liability of directors etc.
73. False or misleading statements
74. Evidence—signature of administering authority
75. Certificate evidence
76. Evidence—pre-packed articles
77. Packaged article presumed to be pre-packed in certain circumstances
78. Evidence—use of measuring instrument for trade
79. Records—English language
80. Repeal
81. Regulations
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