Trade Measurement (Interim) Regulations 2006
S.R. No. 146/2006
table of provisions
Regulation Page
Regulation Page
Part1—Preliminary 1
1. Objective 1
2. Authorising provisions 2
3. Commencement 2
4. Revocation 2
5. Definitions 2
Part2—Weighbridges 7
Division 1—Preliminary 7
6. Application of other regulations to weighbridges 7
Division 2—Requirements for Weighbridge Used for Trade 7
7. Application of Part 7
8. Situation of weighbridge 7
9. Visibility on weighbridge 7
10. Approaches to weighbridge 8
11. Platforms of weighbridge 8
12. Pit of weighbridge 8
13. Weighbridge without pit 9
14. Weighbridge with electronic devices 10
15. Multi-platform weighbridge 10
16. Portable weighbridge 10
Division 3—Certificates of Suitability (Public Weighbridges) 11
17. Issue of certificate of suitability 11
18. Duration of certificate of suitability 11
19. Duplicate certificate of suitability 12
20. Suspension or cancellation of certificate of suitability 12
21. Return of cancelled certificate 13
22. Register of certified weighbridges 14
Division 4—Public Weighbridge—Licensees and Operators 14
23. Condition of licence 14
24. Sign and certificate to be exhibited 14
25. Tare books and measurement tickets 15
26. General duties of licensee 16
27. Duties of operator 17
28. Notification by licensee of change of particulars 17
29. Vehicle registration weighing—exemption from licensing etc. 18
30. Register of licences 18
Division 5—End-and-End Weighing 19
31. Restrictions 19
Division 6—Miscellaneous 20
32. Fraudulent activities of licensee or operator 20
Part3—Measuring Instruments 22
Division 1—Verification, Re-Verification and Certification 22
33. Marking of measuring instrument 22
34. Certain measuring instruments not to be verified or certified 22
35. Measuring instrument to be clean 23
36. Testing of measuring instrument 23
37. Testing and marking a measure of length 23
38. Exemption from re-verification and marking 23
39. Restrictions on use for trade of certain small masses 24
40. Dismantling of measuring instrument for testing 24
41. Owner to provide and pay for labour etc. 25
Division 2—Batch Testing and Marking 26
42. Approval for batch testing of glass measures 26
43. Approval authorises making of marks 26
44. Restrictions on removal of marked glass measure 27
45. Batch testing requirements 27
46. Records to be kept and made available 28
Division 3—Licences and Licensees 28
47. Condition of licence 28
48. Licensee to keep certain records or give certain notices 28
49. Notification by licensee of changed particulars 29
50. Register of licences 29
Division 4—Miscellaneous 30
51. Restrictions on use of measuring instrument for trade 30
52. Subdivision of scale spacing 32
53. Measurement of liquid 32
54. Measurement of precious stones 33
55. Measurement of precious metals 33
Part4—Pre-packed Articles 35
Division 1—Preliminary 35
56. Exemptions from marking requirements (name, address, measurement) 35
57. Exemptions for packages containing paper 36
58. Requirements applicable to both inner and outer packages 36
59. Exemptions for certain inner and outer packages 37
Division 2—Marking of Name and Address 37
60. Marking of name and address on packages 37
61. Exemption for packaged seed 37
Division 3—Marking of Measurement 38
Subdivision 1—General Requirements for Measurement Marking 38
62. Requirement to mark measurement 38
63. General position of measurement marking 38
64. Set-out and form of measurement marking 39
65. Size etc. of characters in measurement marking 40
66. Unit etc. of measurement to be used 41
67. Fractions, significant figures 42
68. Special provision—marking by approved printing device 43
69. Marking by reference to minimum measurement 43
Subdivision 2—Special Provision for Measurement Marking of Certain Articles 44
70. Eggs 44
71. Articles packed in sheets 44
72. Number of pre-packed articles comprising 1 tonne 44
73. Bed sheets, tarpaulins and similar articles 45
74. Pairs of window curtains 45
75. Marking of width or thickness if it directly affects price 45
Subdivision 3—Special Provision Concerning Measurement Marking of Outer Packages 45
76. Package containing packages of articles of the same kind and measurement 45
77. Inner and outer packages of single article 46
78. Package containing articles of different kinds or different measurements 47
Subdivision 4—Other Markings Concerning Measurement 47
79. Unit price marking—retail sales of certain foods by mass 47
Division 4—Prohibited and Restricted Expressions 49
80. Marking of "mass when packed" 49
81. Marking of "mass at standard condition" 49
82. Restrictions on use of "gross mass" 50
83. Prohibited expressions 50
Division 5—Short Measure 51
84. Extent of deficiency necessary to constitute short measure 51
85. Articles marked "mass when packed" or with words that have similar meaning 51
86. Articles marked "mass at standard condition" 53
87. Other pre-packed articles 54
88. Method of determining average measurement 54
Division 6—Miscellaneous 55
89. Mass of frozen pre-packed scallops 55
90. Application for permit to sell certain articles 55
Part5—Miscellaneous 56
Division 1—Articles Sold by Reference to Measurement 56
91. Beer, spirits to be sold by volume 56
92. Offer etc. for sale by reference to measurement 56
Division 2—Sale of fuel by reference to measurement by volume 58
93. Regulation of sale of fuel by reference to measurement by volume 58
Part6—Administration 62
94. Certification fees 62
95. Licence fees and other fees and charges 62
96. Periodic licence fee 62
97. Prescribed offences and penalties 62
Part7—EXPIRY 64
98. Expiry 64
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SCHEDULES 65
SCHEDULE 1—Duties of operator of public weighbridge 65
SCHEDULE 2—Forms of tare mass books 69
SCHEDULE 3—Forms of Measurement Tickets 70
Form 1 70
Form 2 71
Form 3 72
Form 4 73
SCHEDULE 4—Exemptions from Marking 74
SCHEDULE 5—Expression of Measurement Marking 77
SCHEDULE 6—Permissible Units of Measurement 79
SCHEDULE 7—Certification Fees 81
SCHEDULE 8—Licensing fees 82
SCHEDULE 9—Other Fees and Charges 83
SCHEDULE 10—Prescribed Offences and Penalties 84
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ENDNOTES 88
INDEX 89
v
Trade Measurement (Interim) Regulations 2006
S.R. No. 146/2006
statutory rules 2006
S.R. No. 146/2006
87
Trade Measurement (Interim) Regulations 2006
S.R. No. 146/2006
Trade Measurement Act 1995
Trade Measurement (Administration) Act 1995
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Trade Measurement (Interim) Regulations 2006
S.R. No. 146/2006
Trade Measurement (Interim) Regulations 2006
87
Trade Measurement (Interim) Regulations 2006
S.R. No. 146/2006
The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:
Dated: 24 October 2006
Responsible Minister:
MARSHA THOMSON
Minister for Consumer Affairs
ruth leach
Clerk of the Executive Council
Part1—Preliminary
1. Objective
The objective of these Regulations is to—
(a) provide special requirements for weighbridges used for trade, certificates of suitability for public weighbridges, the duties of licensees and operators of public weighbridges and restrictions on the use of weighbridges for end-and-end weighing;
(b) provide the procedure for the verification, reverification, certification and batch testing of measuring instruments, the restrictions on the use of measuring instruments and the miscellaneous duties of servicing licensees;
(c) provide specific information to be marked on pre-packed articles, the prohibition and restrictions of specific expressions on pre-packed articles and permissible measurement deficiencies in pre-packed articles and pre-packed goods exempted from markings;
(d) require beer and certain other alcoholic beverages to be sold at a price determined by reference to volume and provide the measurements to be used when articles are sold by reference to mass, volume, linear measurement or superficial measurement;
(e) provide certification, licensing and other fees and infringement notices for prescribed offences.
2. Authorising provisions
These Regulations are made under section 80 of the Trade Measurement Act 1995 and section 25 of the Trade Measurement (Administration) Act 1995.
3. Commencement
These Regulations come into operation on 17December 2006.
4. Revocation
The Trade Measurement Regulations 1995[1] are revoked.
5. Definitions
In these Regulations—
"Act" means the Trade Measurement Act 1995;
"approval" means an approval given under regulation 42;
"approved" means approved by the administering authority;
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"approved printing device" means a printing device that conforms to a pattern in relation to which there is in force under the National Measurement Regulations 1999 of the Commonwealth a certificate that approves the use of the device for trade;
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"certificate of suitability" in relation to a weighbridge, means a certificate issued by the administering authority for the purposes of section 50(1)(a) of the Act to the effect that the weighbridge is suitable for use as a public weighbridge;
"characters" includes letters, figures and symbols;
"cheese" and "cheese products" do not include articles for sale as processed cheese or cheese spreads;
"compressed or liquefied gas" does not include liquefied petroleum gas;
"cream" does not include clotted cream or sour (cultured) cream;
"dried or dehydrated fruit" includes glacé and crystallised fruit and fruit peel;
"dried or dehydrated mixed fruit" includes any such fruit mixed with nuts;
"end-and-end measurement" means the determination of a measurement relating to a vehicle (whether loaded or not) by adding together separate measurements of the mass supported singly or in combination by the different axles of the vehicle, those separate measurements having been determined by separate operations of a weighbridge;
"garden landscape material" means soil, pebbles, crushed tile, crushed white quartz, Grawin gravel, crushed western red, crushed snowflake, New Zealand lava scoria, Pacific coral, river stones, crushed material mix and any like substance for use in gardens;
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"glass" in relation to a container or drinking vessel, includes any other material permitted by the approval for its pattern issued under the National Measurement Regulations 1999 of the Commonwealth;
"glass measure" in Part 3 means—
(a) a container made wholly or principally of glass in which it is intended that lubricating oil will be sold by volume of the quantity (otherwise than as a prepacked article); or
(b) a measure made of glass or other rigid or semi-rigid substance intended for use for the sale of beer, ale, stout or spirits by quantity other than as a pre-packed article;
"ice-cream" includes any form of frozen confection containing ice-cream, flavoured ice, fruit-ice, water-ice or a substitute for ice-cream;
"licence" means—
(a) in Part 2, a public weighbridge licence; and
(b) in Part 3, a servicing licence;
"licensee" means—
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(a) in Part 2, a holder of public weighbridge licence; and
(b) in Part 3, a holder of a servicing licence;
"liquid chemicals" includes solvents packed for sale for pharmaceutical, laboratory or industrial use;
"main display part" in relation to a package means—
(a) if the name or brand appears on the package once, only the part of the package on which it appears; or
(b) if the name or brand appears on more than one part of the package with equal prominence in each case, any one of those parts; or
(c) if the name or brand appears on more than one part of the package but not always with equal prominence, the part of the package on which it is more prominent or any part of the package on which it is most prominent; or
(d) if the name or brand of the article in the package does not appear on the package, that part of the package which will be most prominent when the package is exposed for sale in the manner in which it is likely to be exposed for sale;
"measurement marking" means the marking of measurement required by these Regulations to be made on the package containing a prepacked article;
"operator" means the person who personally determines a measurement by use of a weighbridge;
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"owner" in relation to a measuring instrument, means the person who uses, or proposes to use, the measuring instrument for trade or who proposes to make it available for use for trade;
"paint" includes enamel but does not include a two-pack paint, artists' paint or powder coatings;
"poultry" means any kind of bird used for human consumption, whether it is cooked or uncooked or consists of poultry pieces;
"poultry piece" means leg, wing, breast or other part detached from a poultry carcass and any division of a poultry carcass;
"public weighing" means the use of a weighbridge by or on behalf of the public or for which a charge is made;
"resins" includes natural resins, synthetic resins and polymeric materials other than paint;
"testing facilities" means labour and equipment necessary for testing glass measures in accordance with regulation 42;
"therapeutic goods" means goods for therapeutic use within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;
"tobacco" includes plug tobacco.
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Part2—Weighbridges
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Division 1—Preliminary
6. Application of other regulations to weighbridges
These Regulations have effect in addition to, and do not derogate from, any other regulations under the Act relating to measuring instruments generally.
Division 2—Requirements for Weighbridge Used for Trade
7. Application of Part
This Part applies to weighbridges used for trade, including public weighbridges.
8. Situation of weighbridge
A weighbridge must be so situated that—
(a) there is sufficient room for a vehicle using the weighbridge to move on and off without turning on the platforms; and
(b) its headwork is protected from wind and rain by an office or other adequate means; and
(c) water or debris from the surrounding area does not accumulate on the platforms or in the pit.
9. Visibility on weighbridge
A weighbridge must—
(a) provide the operator with a clear view of the platforms; and
(b) have the indicator that is used by the operator located not more than 6 metres from the edge of the platforms or in some other approved position; and
(c) in the case of a road weighbridge, have an indicator in such a position that the mass displayed on it may easily be read by the driver of a vehicle using the weighbridge.
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10. Approaches to weighbridge
A weighbridge must have approaches that—
(a) are in the same plane as the platforms for a minimum distance of—
(i) 3 metres if the length of the platforms is less than 18 metres; or
(ii) 1 metre if the length of the platforms is 18 metres or more; and
(b) have a hard, true and durable surface of concrete or other approved material; and
(c) are arranged so that drainage from the surface does not flow into the pit.
11. Platforms of weighbridge