Trade Measurement Regulations 2007

Version No. 004

Trade Measurement Regulations 2007

S.R. No. 48/2007

Version incorporating amendments as at 23 June 2009

table of provisions

RegulationPage

1

RegulationPage

Part1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Definitions

Part2—Weighbridges

Division1—Preliminary

5Application of other regulations to weighbridges

6Application of Part

Division2—Requirements for weighbridge used for trade

7Situation of weighbridge

8Visibility on weighbridge

9Approaches to weighbridge

10Platforms of weighbridge

11Pit of weighbridge

12Weighbridge without pit

13Weighbridge with electronic devices

14Multi-platform weighbridge

15Portable weighbridge

Division 3—Public weighbridges

16Provision of a weighbridge suitability statement when public weighbridge licence is granted

17Provision of a weighbridge suitability statement in relation to
an existing public weighbridge licence

18Suitability for use as a public weighbridge

19When a public weighbridge is to be examined for issuing a
new weighbridge suitability statement

20Licence and sign to be displayed at public weighbridge

21General system of measurement tickets

22Offences by licensees

23If weighbridge measurement incorrect

24Request for measurement may be refused in some
circumstances

25Offences by operator

26Licensee to give notice of change of particulars

27When a vehicle weighing is not a use of a weighbridge as a public weighbridge

28Register of licences

Division 4—Revoked

29Revoked

Division 5—End-and-end weighing

30Restrictions

Division 6—Miscellaneous

31Fraudulent activities of licensee or operator

31AApproval of forms

Part3—Measuring Instruments

Division1—Verification, re-verification and certification

32Marking of measuring instrument

33Certain measuring instruments not to be verified or certified

34Measuring instrument to be clean

35Testing of measuring instrument

36Testing and marking a measure of length

37Exemption from re-verification and marking

38Restrictions on use for trade of certain small masses

39Dismantling of measuring instrument for testing

40Owner to provide and pay for labour etc.

Division 2—Batch testing and marking

41Approval for batch testing of glass measures

42Approval authorises making of marks

43Restrictions on removal of marked glass measure

44Batch testing requirements

45Records to be kept and made available

Division 3—Licences and licensees

46Condition of licence

47Licensee to keep certain records or give certain notices

48Notification by licensee of changed particulars

49Register of licences

Division 4—Miscellaneous

50Restrictions on use of measuring instrument for trade

51Subdivision of scale spacing

52Measurement of liquid

53Measurement of precious stones

54Measurement of precious metals

Part4—Pre-packed Articles

Division1—Preliminary

55Exemptions from marking requirements (name, address, measurement)

56Exemptions for packages containing paper

57Requirements applicable to both inner and outer packages

58Exemptions for certain inner and outer packages

Division 2—Marking of name and address

59Marking of name and address on packages

60Exemption for packaged seed

Division 3—Marking of measurement

Subdivision 1—General requirements for measurement marking

61Requirement to mark measurement

62General position of measurement marking

62APosition of measurement marking on a standard wine package

63Set-out and form of measurement marking

64Size etc. of characters in measurement marking

65Unit etc. of measurement to be used

66Fractions, significant figures

67Special provision—marking by approved printing device

68Marking by reference to minimum measurement

Subdivision 2—Special provision for measurement marking of certain articles

69Eggs

70Articles packed in sheets

71Number of pre-packed articles comprising 1 tonne

72Bed sheets, tarpaulins and similar articles

73Pairs of window curtains

74Marking of width or thickness if it directly affects price

Subdivision 3—Special provision concerning measurement
marking of outer packages

75Package containing packages of articles of the same kind
and measurement

76Inner and outer packages of single article

77Package containing articles of different kinds or different measurements

Subdivision 4—Other markings concerning measurement

78Unit price marking—retail sales of certain foods by mass

Division 4—Prohibited and restricted expressions

79Marking of "mass when packed"

80Marking of "mass at standard condition"

81Restrictions on use of "gross mass"

82Prohibited expressions

Division 5—Short measure

83Extent of deficiency necessary to constitute short measure

84Articles marked "mass when packed" or with words that have similar meaning

85Articles marked "mass at standard condition"

86Other pre-packed articles

87Method of determining average measurement

Division 6—Miscellaneous

88Measuring mass of frozen fish

89Application for permit to sell certain articles

Part5—Miscellaneous

Division 1—Articles sold by reference to measurement

90Beer, spirits to be sold by volume

91Offer etc. for sale by reference to measurement

Division 2—Sale of fuel by reference to measurement by volume

92Regulation of sale of fuel by reference to measurement by volume

Part6—General

93Certification fees

94Licence fees and other fees and charges

95Periodic licence fee

96Prescribed offences and penalties

97Revocation of spent amendment statutory rules

Part 7—Transitional Provisions

98Certificates of suitability

99Suspension of certificates of suitability

100Display of licence

101Prescribed forms

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SCHEDULES

SCHEDULES 1, 2—Revoked

SCHEDULE 3—Public Weighbridge Operator's Duties

1Completion and issue of measurement tickets

2Correction of mistakes

3Restriction on additional information on measurement ticket

4Measurement of vehicle in 2 weighings—unloaded then loaded

5Measurement of vehicle in 2 weighings—loaded then unloaded

6Issue of measurement ticket for axle load measurement

7Issue of copies of measurement tickets

8Inspector may require measurement to be made

SCHEDULE 4—Exemptions from Marking

SCHEDULE 5—Expression of Measurement Marking

SCHEDULE 6—Permissible Units of Measurement

1Mass

2Volume

3Linear measurement

4Superficial measurement

5Mass per specified length

SCHEDULE 7—Certification Fees

SCHEDULE 8

Servicing Licence Fees

Public Weighbridge Licence Fees

SCHEDULE 9—Other Fees and Charges

SCHEDULE 10—Prescribed Offences and Penalties

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 004

Trade Measurement Regulations 2007

S.R. No. 48/2007

Version incorporating amendments as at 23 June 2009

1

Trade Measurement Regulations 2007

S.R. No. 48/2007

Part1—Preliminary

1Objectives

The objectives of these Regulations are 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.

2Authorising provisions

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These Regulations are made under section 80 of the Trade Measurement Act 1995 and section 25 of the Trade Measurement (Administration) Act 1995.

3Commencement

These Regulations come into operation on 18June 2007.

4Definitions

In these Regulations—

Act means the Trade Measurement Act 1995;

approvalmeans an approval given under regulation 41;

approved means approved by the administering authority;

Reg. 4 def.of approved form insertedby S.R. No. 38/2008 reg.5(2).

approved form means a form approved by the administering authority under regulation31A;

approved printing devicemeans 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;

Reg. 4 def.of certificate of suitability revokedby S.R. No. 38/2008 reg.5(1).

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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 gasdoes not include liquefied petroleum gas;

Reg. 4 def.of copy measurement ticket insertedby S.R. No. 38/2008 reg.5(2).

copy measurement ticket means a copy measurement ticket mentioned in regulation 21(3)(b) or 21(4)(b) or in clause 7(2) of Schedule 3;

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;

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garden landscape materialmeans 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;

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 (other than regulation 32) 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;

licencemeans—

(a)in Part 2, a public weighbridge licence; and

(b)in Part 3, a servicing licence;

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licenseemeans—

(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 partin 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

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(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;

Reg. 4 def.of measurement ticket insertedby S.R. No. 38/2008 reg.5(2).

measurement ticket, for a measurement made at a weighbridge, means a measurement ticket issued for the measurement and includes a copy measurement ticket and an original measurement ticket;

operator means the person who personally determines a measurement by use of a weighbridge;

Reg. 4 def.of original measurement ticket insertedby S.R. No. 38/2008 reg.5(2).

original measurement ticket means an original measurement ticket mentioned in regulation 21(3)(a) or 21(4)(c)(ii) or in clause 7(6) of Schedule 3;

ownerin 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;

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paint includes enamel but does not include a two-pack paint, artists' paint or powder coatings;

poultrymeans 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;

Reg. 4 def.of preservation period insertedby S.R. No. 38/2008 reg.5(2).

preservation period means—

(a)for measurement tickets issued from a book or pad oftickets, the period for which the tickets are required to be kept under regulation 21(3)(d); or

(b)for measurement tickets that are generated electronically, the period for which the tickets are required to be kept under regulation 21(4)(c);

public weighing means the use of a weighbridge by or on behalf of the public or for which a charge is made;

Reg. 4 def.of registered number insertedby S.R. No. 38/2008 reg.5(2).

registered number, of a weighbridge, means the number included in the register of licences kept by the administering authority as the registered number of the weighbridge;

resinsincludes natural resins, synthetic resins and polymeric materials other than paint;

Reg. 4 def.of standard wine package insertedby S.R. No. 142/2008 reg.3(2).

standard wine package means a package containing—

(a)50 ml, 100 ml, 187 ml, 200 ml, 250 ml, 375 ml, 500 ml, 750 ml, 1 L or 1.5 L of wine; or

(b)2 or more whole litres of wine;

testing facilitiesmeans labour and equipment necessary for testing glass measures in accordance with regulation 41;

therapeutic goods means goods for therapeutic use within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;

tobacco includes plug tobacco.

Reg. 4 def.of wine insertedby S.R. No. 142/2008 reg.3(2).

wine means a beverage—

(a)produced by the complete or partial alcoholic fermentation of fresh grapes, grape must or other products derived from fresh grapes; and

(b)containing not less than 7% and not more than 24% of alcohol by volume.

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Part2—Weighbridges

Division1—Preliminary

Reg. 5 amendedby S.R. No. 38/2008 reg.6.

5Application of other regulations to weighbridges

r. 5

These Regulationsare in addition to, and do not limit, any other regulations under the Act relating to measuring instruments generally.

6Application of Part

This Part applies to weighbridges used for trade, including public weighbridges.

Division2—Requirements for weighbridge used for trade

7Situation 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.

8Visibility 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.

9Approaches to weighbridge

r. 9

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.

10Platforms of weighbridge

(1)The platforms of a weighbridge must be of concrete or steel, or both, or be of other approved materials.

(2)Unless exempted under subregulation (3), a weighbridge must be provided with guard rails or other suitable means to prevent vehicles from moving onto or off the platform otherwise than from end to end.

(3)The administering authority may exempt a weighbridge from compliance with subregulation(2).

11Pit of weighbridge

If a weighbridge has a pit—

(a)the entrance to the pit must be covered and be at least 1 metre deep and 900 mm wide; and

(b)the neck of the pit must be at least 900mm wide; and

(c)there must be a clearance of at least 150mm on each side of a lever in the neck of the pit; and

(d)there must be free access to every part of the under work and—

(i)if free access is available from above to every part of the under work, there must be a clearance of at least 150mm below all parts of the under work; or

(ii)in any other case, there must be a clearance of at least 400mm below the lowest lever; and

(e)the pit must be free-draining or be provided with automatic mechanical drainage and be kept free from any accumulation of water, mud and debris.

12Weighbridge without pit

r. 12

If a weighbridge does not have a pit—

(a)there must be a clearance of at least 150mm under the lowest live part of the platforms; and

(b)the floor between load cell supports must be of concrete at least 75 mm thick and must be effectively drained and kept free from any accumulation of water, mud and debris; and

(c)there must be in the same plane as, or lower than, the floor a clear space of at least 1metre from the external edges of the frame; and

(d)the load cell footings must be individually and mutually stable.

13Weighbridge with electronic devices

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If a weighbridge is equipped with electronic devices—

(a)they must be protected from electrical interference and the rays of the sun; and

(b)the data plate of the load cells must have such access as is necessary to enable it to be read with ease.

14Multi-platform weighbridge

In a multi-platform weighbridge—

(a)any dead space between platforms must not exceed 2 metres; and

(b)the platforms must not interfere with each other so as to affect their operation; and

(c)a visual summing indicator must be provided.

15Portable weighbridge

If a weighbridge is portable—

(a)there must be a clearance of at least 150 mm under the lowest live part of the platforms; and

(b)it must have a base that is stable when the weighbridge is in use; and

(c)the head work and exposed levers must have adequate protection; and

(d)the ground under the platform must be treated to prevent the growth of foliage and must be kept free from any accumulation of water, mud and debris.

Pt 2 Div.3 (Heading and regs 16–21) and Div.4 (Heading and regs 22–29) substitutedas Pt2 Div.3 (Heading and regs 16–28) by S.R. No. 38/2008 reg.7.

Division 3—Public weighbridges

Reg. 16 substitutedby S.R. No. 38/2008 reg.7.

16Provision of a weighbridge suitability statement whenpublic weighbridge licence is granted

r. 16

(1)If an applicant applies for a public weighbridge licence for a weighbridge, the administering authority must advise the licensing authority if the weighbridge is suitable for use as a public weighbridge.

(2)If the administering authority advises the licensing authority that the weighbridge is suitable for use as a public weighbridge and the licensing authority grants a public weighbridge licence, thelicensing authority must ensure the licence has a weighbridge suitability statement written on it.

Reg. 17 substitutedby S.R. No. 38/2008 reg.7.

17Provision of a weighbridge suitability statement inrelation to an existing public weighbridge licence

(1)This regulation applies to the provision of a weighbridge suitability statement for a weighbridge other than when the public weighbridge licence for the weighbridge is granted.

(2)On application and payment of the fee for the newweighbridge suitability statement, the administering authority may provide the statement by issuing a copy of the licence with the statement written on it.

(3)The administering authority must not provide the new weighbridge suitability statement unless an inspector examines the weighbridge for the administering authority and is satisfied the weighbridge is suitable for use as a publicweighbridge.

Reg. 18 substitutedby S.R. No. 38/2008 reg.7.

18Suitability for use as a public weighbridge

r. 18

An inspector may only find a weighbridge suitable for use as a public weighbridge for the purposes of regulation 17(3) if the inspector has examined the weighbridge for the administering authority and is satisfied of the following—