Part 1 Preliminary
1.1 Name of Regulations
These Regulations are the National Trade Measurement Regulations 2009.
1.2 Commencement
These Regulations commence on the day after they
are registered.
1.3 Application
of Regulations — wine labelling
These Regulations do not apply in relation to the position
of a measurement marking for standard-sized wine containers that are mentioned
in the World Wine Trade Group Agreement on Requirements for Wine Labelling,
signed on 23 January 2007 by the Minister for Trade for the
Commonwealth.
1.4 Interpretation
In these Regulations, unless the contrary
intention appears:
Act means the National Measurement Act
1960.
approved means approved by the Secretary.
approved form means a form approved, in
writing, by the Secretary.
approved manner means a manner approved, in
writing, by the Secretary.
class 4 measuring instrument means a
measuring instrument of an approved pattern that, in accordance with the
approved pattern:
(a) has not less than 100 but not more than
1000 verification scale intervals, each of which is not less than 5 grams; and
(b) has a symbol on it that is an oval of any
shape, or 2 parallel horizontal lines that are joined at each end by a semi-circle,
with 4 vertical lines in it.
end‑and‑end measurement, in
relation to a loaded or unloaded vehicle being measured on a weighbridge, means
a measurement of the vehicle determined by adding separate measurements of the
mass of the vehicle supported singly or in combination by the different axles
of the vehicle, in which:
(a) each separate measurement is determined by
a separate operation of the weighbridge; and
(b) the separate measurements are performed consecutively.
glass, in relation to a container, drinking
vessel or glass measure, includes any other material permitted by the approved
pattern issued under the National Measurement Regulations 1999.
glass measure, in relation to batch testing:
(a) means a container that is:
(i) made wholly or principally of
glass; and
(ii) intended to be used to sell
lubricating oil by volume of the quantity otherwise than as a prepacked
article; and
(b) means a measure that is:
(i) made of glass or another rigid or
semi-rigid substance; and
(ii) intended to be used to sell beer,
ale, stout or spirits by quantity otherwise than as a prepacked article; and
(c) does not include a cylindrical or conical
measure that is used for pharmaceutical purposes; and
(d) does not include a measure for which the
volume measurement is marked at the same time as the measure is moulded.
in‑service inspection:
(a) means the examination of a material measure
or measuring instrument by an inspector to determine if:
(i) the verification mark is valid;
and
(ii) the material measure or the measuring
instrument does not exceed the maximum permissible errors permitted during an
in‑service inspection of a material measure or measuring instrument of
that kind; and
(b) does not include the marking of a material measure
or a measuring instrument with a verification mark.
inspector means a trade measurement
inspector.
licence means:
(a) a public weighbridge licence; or
(b) a servicing licence.
Note See Parts 2 and 3.
LPG
is an acronym of liquefied petroleum gas.
material measure means a measure of:
(a) length; or
(b) weight; or
(c) volume;
that is used to make a measurement.
maximum permissible error, in relation to a material
measure or measuring instrument, means:
(a) if a National Measurement Institute Certificate
of Approval for the material measure or measuring instrument is issued on or
after 1 July 2007 — the maximum limit of error mentioned in the certificate; or
(b) otherwise — the maximum limit of error for a
measuring instrument of that kind:
(i) prescribed in Schedule 1; and
(ii) to which any additional
requirement set out in the relevant National Instrument Test Procedure relates.
Note The latest edition of the National
Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au.
measurement ticket:
(a) means a measurement ticket issued for a
measurement made at a public weighbridge; and
(b) includes:
(i) a copy measurement ticket; and
(ii) an original measurement ticket.
meat means anything that is described as the
meat of a dead animal in regulation 1.4.
operator means
a person who determines a measurement by the use of a weighbridge.
Note Examples of an operator include
each of the following:
(a) a public weighbridge licensee;
(b) a person contracted by a public weighbridge licensee to
operate a weighbridge;
(c) a person employed by a public weighbridge licensee to
operate a weighbridge;
(d) a person employed by a person mentioned in paragraph
(b) to operate a weighbridge.
preservation period means:
(a) for a measurement ticket issued from a book
of tickets or a pad of tickets — a period of 3 years that begins immediately
after the measurement ticket is issued; and
(b) for a measurement ticket cancelled from a
book of tickets or a pad of tickets — a period of 3 years that begins
immediately after the measurement ticket is cancelled; and
(c) for a measurement ticket that is generated
electronically — a period of 3 years that begins immediately after
the measurement ticket is generated.
public weighing means the use of a
weighbridge by any of the following persons for a transaction to which the
person is not a party:
(a) the weighbridge licensee;
(b) a person employed by the weighbridge licensee
to operate the weighbridge;
(c) a person contracted by the weighbridge licensee
to operate the weighbridge;
(d) a person employed to operate the weighbridge
by the person mentioned in paragraph (c);
(e) a person who makes a weighbridge available
for use;
(f) a person employed to operate the weighbridge
by a person mentioned in paragraph (e).
public weighing means the use of a
weighbridge to which none of the following persons is a party:
(a) the weighbridge licensee;
(b) a person employed by the weighbridge licensee
to operate the weighbridge;
(c) a person contracted by the weighbridge licensee
to operate the weighbridge;
(d) a person employed to operate the weighbridge
by the person mentioned in paragraph (c).
registered number, in relation to a
weighbridge, means the number included in the register of public weighbridge licences
kept by the Secretary.
Note Several expressions used in these
Regulations are defined in subsection 3 (1) of the Act, including:
· controller
· measuring
instrument
· Secretary
· servicing
licence
· trade
measurement inspector
· use for trade
· verification
mark.
1.5 Certain
articles must be sold by measurement — meat
Meat of dead animals
(1) For
paragraphs 18HC (1) (b) and (2) (b) of the Act, and subject to subregulation (4),
the meat of a dead animal mentioned in the following table is specified as a
class of articles that must be sold by mass.
|
Item
|
Animal
|
|
1
|
Amphibian, including frog
|
|
2
|
Aquatic reptile or other
reptile, including crocodile
|
|
3
|
Aquatic vertebrate or invertebrate:
(a) including fish; but
(b) not including shellfish
|
|
4
|
Bird, including
(a) chicken; and
(b) duck; and
(c) emu; and
(d) goose; and
(e) guineafowl; and
(f) ostrich; and
(g) pheasant; and
(h) quail; and
(i) squab; and
(j) turkey
|
|
5
|
Buffalo
|
|
6
|
Camel
|
|
7
|
Cattle
|
|
8
|
Deer
|
|
9
|
Donkey
|
|
10
|
Goat
|
|
11
|
Hare, but not rabbit
|
|
12
|
Horse
|
|
13
|
Kangaroo
|
|
14
|
Pig
|
|
15
|
Sheep
|
|
16
|
Wallaby
|
Methods of processing meat of dead animals
(2) For paragraphs 18HC (1) (b)
and (2) (b) of the Act, the meat of a dead animal mentioned in the table in
subregulation (1) which is subjected to a process mentioned in the following
table is specified as a class of articles that must be sold by mass.
|
Item
|
Process
|
|
1
|
Adding a substance (for example, a preservative, colouring
or flavouring)
|
|
2
|
Boning
|
|
3
|
Cooking, if the meat:
(a) is cooked for the purpose of sale at another
location; or
(b) is cooked for the purpose of sale to a reseller
|
|
4
|
Crumbing
|
|
5
|
Curing for preservation (for example, salting or drying)
|
|
6
|
Dicing
|
|
7
|
Drying
|
|
8
|
Forming
|
|
9
|
Freezing
|
|
10
|
Glazing
|
|
11
|
Marinading
|
|
12
|
Mincing
|
|
13
|
Pickling
|
|
14
|
Salting
|
|
15
|
Seasoning
|
|
16
|
Shredding
|
|
17
|
Slicing
|
|
18
|
Smoking
|
|
19
|
Tenderising
|
(3) For the table in subregulation (1), the meat of a
dead animal includes:
(a) the cheek, liver, spleen, tail and tongue;
and
(b) tripe.
(4) For the table in subregulation
(1), the meat of a dead animal is taken not to be included in the table if it
is subjected to a process mentioned in the following table.
|
Item
|
Process
|
|
1
|
Blending with a significant amount of another product or
products
|
|
2
|
Combining with a significant amount of another product or
products
|
|
3
|
Fermenting
|
|
4
|
Filling
|
|
5
|
Reconstituting
|
|
6
|
Stuffing
|
(5) For the table in
subregulation (1), the meat of a dead animal is taken not to be included in
that table if it is mentioned in the following table.
|
Item
|
Kind of meat
|
|
1
|
Meat that is cooked for the purpose of sale at the place
at which it is sold
|
|
2
|
Brains
|
|
3
|
Feet
|
|
4
|
Head
|
|
5
|
The whole or any part of a rabbit
|
|
6
|
Shellfish, including:
(a) molluscs; and
(b) crustaceans
|
|
7
|
Prepackaged meat
|
Part 2 Measuring instruments and material measures used for trade
Division 2.1 Offences
for use of a measuring instrument for trade
2.1 Use of measuring instrument
must not contravene any other provision
(1) In addition to each other offence
included in a provision of these Regulations other than this regulation, a
person must not use a measuring instrument for trade in a manner that
contravenes any other provision of these Regulations.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note 1 For strict liability, see
section 6.1 of the Criminal Code.
Note 2 The
Act includes several provisions related to the liability of several classes of
persons for an offence against a provision of Part IV, V, VI or VII of the Act.
Note 3 See the Act for provisions related to the liability of several
classes of persons for the physical element or fault element of an offence
against the Act committed by a body corporate.
2.2 Measuring instrument used to measure mass not to be held
or suspended from hand
(1) If a person is using for trade
a measuring instrument and the person purports to measure mass, the person must
not:
(a) hold the measuring instrument in his or her
own hand; or
(b) suspend the measuring instrument from his or
her own hand; or
(c) hold the measuring instrument in another
person’s hand; or
(d) suspend the measuring instrument from another
person’s hand; or
(e) permit
another person to hold the measuring instrument in the other person’s hand; or
(f) permit another person to suspend the
measuring instrument from the other person’s hand.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.3 Certain
measuring instruments only to be used for specific use
(1) If a person is using for trade a
measuring instrument that is marked for a specific use, the person must only
use the measuring instrument in a manner that is in accordance with the
specific use for which the measuring instrument is marked.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is
an offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.4 Certain measuring instruments only to be used with
specified proportional masses
(1) If a person is using for trade a
measuring instrument that is marked for use with specified proportional masses,
the person must only use the measuring instrument with a proportional mass that
is specified.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.5 Measuring
instrument fitted with tare bar not to be used in certain circumstances
(1) If a person is using for trade a
measuring instrument otherwise than for factory use or non-retail counter use,
the person must not use a measuring instrument fitted with a tare bar.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is
an offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.6 Person must not use measuring instrument to determine
mass greater than permitted
(1) A person must not, in a single
weighing, use for trade a measuring instrument to determine mass greater than
the maximum capacity for the measuring instrument (if any) permitted by the
approved pattern for the measuring instrument.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.7 Person must not use certain masses to determine mass of particular
items
(1) If a person is using for trade a
measuring instrument and uses masses other than masses marked “A” in accordance
with a certificate of approval of pattern issued under paragraph 19A (1) (c)
of the Act, the person must not:
(a) use the measuring
instrument to determine the mass of any goods for therapeutic use within the
meaning of the Therapeutic Goods Act 1989; or
(b) use the measuring instrument
to determine the mass of precious metals.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.8 Metric carat masses only to be used to measure mass of
precious stones
(1) If a person is using for trade a
measuring instrument to determine the mass of anything other than precious
stones, the person must not use a metric carat mass.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is
an offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.9 Proportional
mass to be readily identifiable with measuring instrument
(1) If a person:
(a) is in possession of more than 1 measuring
instrument used for trade located on the same premises; and
(b) any of the measuring instruments is used with
proportional masses;
the person must ensure that each proportional mass is readily
identifiable with the measuring instrument on which it was tested.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is
an offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.10 Certain
masses only to be used by particular certificate holders
(1) If a person is using for trade a measuring
instrument, the person must not use a mass of 0.2 metric carat or less, or 50 mg
or less, unless the person holds a certificate issued by:
(a) the Secretary; or
(b) the holder of a servicing licence;
that certifies that the mass complies with the meaning of
verification provided in section 18GG of the Act.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.11 Use
of measuring instrument fitted with load receptor
(1) A person must not use for trade a measuring
instrument fitted with a removable load receptor if:
(a) the measuring instrument is
1 of 2 or more measuring instruments fitted with a removable load receptor that
are located on the premises; and
(b) the load receptor is not
clearly marked in a manner that identifies the load receptor with the measuring
instrument to which it is fitted.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.12 Measuring
instrument fitted with load receptor
(1) A person must not use for trade a measuring
instrument fitted with a load receptor if the load receptor:
(a) is removable; and
(b) measures incorrectly in any
position on its supports.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.13 Movement
of load receptor must not foul measuring instrument
(1) A person must not use for trade a
measuring instrument fitted with a load receptor if:
(a) the load receptor has any
latitude of movement on its supports; and
(b) the latitude of movement
causes the load receptor to foul any part of the measuring instrument to which
it is fitted.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.14 Measuring
instrument fitted with certain load receptor
(1) A person must not use for trade a
measuring instrument fitted with a load receptor if:
(a) the person is using the measuring
instrument for trade in the presence of a purchaser; and
(b) the load receptor is:
(i) in the form of a
scoop; and
(ii) mounted on the
measuring instrument in a manner that means the purchaser is unable to see readily
if there is any foreign matter in the load receptor.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.15 Person
must not alter verification scale interval of marked measuring instrument
(1) A person must not alter the
verification scale interval of a measuring instrument that is used for trade
if:
(a) the measuring instrument
bears an inspector’s mark or a servicing licensee’s mark; and
(b) the person alters the
verification scale interval of the measuring instrument after the inspector,
the servicing licensee or an employee of the servicing licensee:
(i) verified the
measuring instrument; and
(ii) made the mark on
the measuring instrument.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.16 Measuring
instrument not to be used for trade if verification scale interval altered
(1) A person must not use for trade a
measuring instrument if:
(a) the measuring instrument
bears an inspector’s mark or a servicing licensee’s mark; and
(b) the verification scale
interval of the measuring instrument is altered after the inspector, the servicing
licensee or an employee of the servicing licensee:
(i) verified the
measuring instrument; and
(ii) made the mark on
the measuring instrument.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned
in subregulation (2) is an offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.17 Measuring
instrument of approved pattern designed for measuring liquid
(1) A person must not use for trade a measuring
instrument if:
(a) the measuring instrument is of an approved
pattern designed for measuring liquid; and
(b) the person purports to measure anything other
than a liquid to which the approved pattern for the measuring instrument
relates.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.18 Person
in possession of certain measuring instrument must ensure measuring instrument
is artificially illuminated
(1) A person who is in possession of a measuring
instrument that is used for trade to measure a liquid must ensure that the measuring instrument is, at least to the extent necessary for
the purpose of permitting proper observation of its operation, artificially
illuminated:
(a) between sunset and sunrise;
and
(b) if artificial illumination
is necessary for that purpose at any other time — at that time.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.19 Person
who makes certain measuring instrument available must ensure measuring
instrument is artificially illuminated
(1) A person who makes a measuring instrument available
for use for trade to measure a liquid must ensure that the measuring instrument
is, at least to the extent necessary for the purpose of permitting proper
observation of its operation, artificially illuminated:
(a) between sunset and sunrise;
and
(b) if artificial illumination
is necessary for that purpose at any other time — at that time.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.20 Flowmeter
fitted with zero re‑setting device must be reset before use for trade
(1) A person who is in possession of a
measuring instrument that is:
(a) a flowmeter fitted with a
zero re‑setting device; and
(b) used for trade to measure a
liquid;
must, before the person begins to make a
measurement by using the flowmeter, reset the flowmeter to zero.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.21 Flowmeter
fitted with zero re‑setting device must be reset before being made
available for use for trade
(1) A person must not make a measuring
instrument available for use for trade if:
(a) the measuring instrument is
used for trade to measure a liquid; and
(b) the measuring instrument is
a flowmeter fitted with a zero re‑setting device; and
(c) before another person
begins to make a measurement by using the flowmeter, the person who made the
flowmeter available for use for trade does not reset the flowmeter to zero.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.22 Fuel dispenser used for trade to measure a liquid or gaseous
product
(1) If a person is in possession of a
fuel dispenser that is used for trade to measure a liquid or a gaseous product,
the person must ensure that, in the period between the delivery of the liquid
or gaseous product and the completion of the sale:
(a) the volume is not erased
from at least 1 of the fuel dispenser and the control console; and
(b) the price per litre is not
erased from at least 1 of the fuel dispenser and the control console; and
(c) the total price is not erased
from at least 1 of the fuel dispenser and the control console.
(2) A person who engages
in conduct that contravenes subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.23 Fuel dispenser made available for use for trade to measure liquid
or gaseous product
(1) If a person makes a fuel dispenser
that is used for trade to measure a liquid or a gaseous product measuring
instrument available for use for trade, the person must ensure that, in the
period between the delivery of the liquid or gaseous product and the completion
of the sale:
(a) the volume is not erased
from at least 1 of the fuel dispenser and the control console; and
(b) the price per litre is not
erased from at least 1 of the fuel dispenser and the control console; and
(c) the total price is not
erased from at least 1 of the fuel dispenser and the control console.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.24 Certain measuring instruments not to be used for trade to
measure diamonds or precious stones
(1) A person must not use for trade a
measuring instrument to measure diamonds or other precious stones if:
(a) the measuring instrument
has a verification scale interval of more than 10 mg; or
(b) the measuring instrument
has a combination of a capacity and a verification scale interval mentioned in
either of the following subparagraphs:
(i) a capacity of
less than 5 000 CM and a verification scale interval of more than
0.01 CM;
(ii) a capacity of at
least 5 000 CM and a verification scale interval of more than 0.05 CM.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.25 Certain measuring instruments not to be used for trade to
measure precious metals
(1) A person must not use for trade a
measuring instrument for the purpose of measuring gold, silver or another
precious metal if:
(a) the measuring instrument
has a verification scale interval that is greater than the verification scale
interval specified for the instrument’s capacity; and
(b) the
measuring instrument has a combination of capacity and verification scale specified
in an item of the following table.
|
Item
|
Capacity of instrument
|
Verification scale interval
|
|
1
|
Less than 1 kg
|
10 mg
|
|
2
|
1 kg or more but less than 10 kg
|
100 mg
|
|
3
|
10 kg or more
|
1 g
|
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned
in subregulation (2) is an offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.26 Batch tested glass measure must remain in custody of
manufacturer or importer unless certain conditions apply
(1) A manufacturer or importer of
glass measures that are batch tested must ensure that a marked glass measure is
not removed from the custody of the manufacturer or importer unless:
(a) the measure is part of a
batch of glass measures that complies with regulation 2.39; and
(b) the inspector or servicing
licensee has given the manufacturer or importer written approval for the
removal of the batch from the custody of the manufacturer or importer.
(2) A person who engages in
conduct that contravenes subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
2.27 Use of class 4 measuring instruments
(1) A person must not use for trade a
class 4 measuring instrument unless the measuring instrument is being used:
(a) as airport baggage scales;
or
(b) for weighing a thing to
decide freight or haulage charges for the thing; or
(c) for weighing garbage; or
(d) for weighing earth, sand,
gravel or other similar material; or
(e) as a crane-weigher; or
(f) for weighing timber in log
form; or
(g) for another purpose
required or permitted by a law.
(2) A person who engages in
conduct that contravenes subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
Division 2.2 Verification, reverification
and in‑service inspection
2.28 Verifying
and marking measuring instruments
(1) If an inspector makes a verification mark on a
measuring instrument that is not a glass measure, the inspector must also mark
on the measuring instrument, in the approved manner, the date on which the
inspector’s mark is made.
(2) If a servicing licensee makes a verification mark on
a measuring instrument that is not a glass measure, the servicing licensee must
also mark on the measuring instrument, in the approved manner, the date on
which the servicing licensee’s mark is made.
(3) If an employee of a servicing licensee verifies a
measuring instrument that is not a glass measure, the employee must:
(a) make the servicing licensee’s verification mark
on the measuring instrument; and
(b) mark on the measuring instrument, in the
approved manner, the date on which the servicing licensee’s mark is made; and
(c) make a mark on the measuring instrument that
will enable the servicing licensee to identify the employee who made the
servicing licensee’s mark.
2.29 Verifying
and marking material measure
(1) If an inspector makes a verification mark on a
material measure that:
(a) is not a glass measure; and
(b) has a denomination of more than 0.2 metric
carat or more than 50 mg;
the inspector must also mark on the material measure, in the
approved manner, the date on which the inspector’s mark is made.
(2) If a servicing licensee makes a verification mark
on a material measure that:
(a) is not a glass measure; and
(b) has a denomination of more than 0.2 metric
carat or more than 50 mg;
the servicing licensee must also mark on the material measure, in
the approved manner, the date on which the servicing licensee’s mark is made.
(3) If an employee of a servicing licensee makes a
verification mark on a material measure that:
(a) is not a glass measure; and
(b) has a denomination of more than 0.2 metric
carat or more than 50 mg;
the employee must perform each of the actions mentioned in
subregulation (4).
(4) For subregulation (3), the employee must:
(a) make the servicing licensee’s verification
mark on the material measure; and
(b) mark on the material measure, in the approved
manner, the date on which the servicing licensee’s mark is made; and
(c) make a mark on the measuring instrument that
will enable the servicing licensee to identify the employee who made the
servicing licensee’s mark.
2.30 Certain
measuring instruments not to be verified
A measuring instrument must not be verified if the
instrument:
(a) is so damaged that it is unsuitable for use
for trade; or
(b) is not reasonably clean; or
(c) has wet paint on it; or
(d) is of rough, crude or inadequate construction;
or
(e) is constructed of inferior material; or
(f) bears a manufacturer’s mark that could be
mistaken for:
(i) an inspector’s mark; or
(ii) a servicing licensee’s mark; or
(g) displays a trade mark or advertising that
could be mistaken for:
(i) an inspector’s mark; or
(ii) a servicing licensee’s mark.
2.31 Measuring
instrument to be clean
For the purpose of facilitating the reverification or
in‑service inspection of a measuring instrument, an inspector may direct
the person in possession of the instrument to clean the instrument.
2.32 Testing
of measuring instrument
(1) The testing of a measuring instrument for the
purpose of verification, reverification or in-service inspection must be
carried out in accordance with this regulation.
(2) If the measuring instrument is fixed, the testing
must be carried out with the instrument in its fixed position.
(3) If the measuring instrument is movable and has a
base, the testing must be carried out with the instrument on a level plane or,
if this is not practicable, on a plane that is as nearly level as possible.
(4) Subregulation (3) does not apply to the extent that the
certificate of approval for the measuring instrument sets out a different
requirement for testing.
(5) If the measuring instrument is transportable, and
the results obtained by its use are affected by gravity, the
testing must be carried out in a way that compensates for the conditions
applicable in the region in which the instrument:
(a) is used; or
(b) is to be used.
2.33 Testing
and marking a measure of length
(1) If a measure of length is to be verified, the
measure must be examined, tested and marked in accordance with this regulation.
(2) If the measure is graduated on both sides and is not
permanently fixed so that only one side is visible, the measure must be
examined, tested and marked on both sides.
(3) If the measure is permanently fixed so that only one
side is visible, the measure must be examined, tested and marked on the visible
side.
2.34 Exemption
from reverification
(1) If a glass measure mentioned in Division 2.3 has
been marked in accordance with this Division, or otherwise verified, reverification
of the measure is not required.
(2) If a measure of length has been verified, reverification
of the measure is not required.
2.35 Inspector
may direct controller to dismantle measuring instrument
(1) If an inspector considers, on reasonable grounds,
that:
(a) it is necessary to examine or test a
component part of a measuring instrument for the purpose of the verification, reverification
or in-service inspection of the measuring instrument; and
(b) the measuring instrument cannot be verified, reverified
or made subject to in-service inspection without dismantling the measuring
instrument;
the inspector may direct the controller of the measuring instrument
to comply with subsection (2).
(2) If the inspector directs the controller in
accordance with subregulation (1), the controller must:
(a) dismantle the measuring instrument; or
(b) cause the measuring instrument to be
dismantled; or
(c) subject to subregulations (3) and (4), consent
to the inspector dismantling the measuring instrument.
(3) Before the controller consents to the inspector
dismantling the measuring instrument, the inspector must ask the controller to
absolve the inspector from liability for any damage caused to the measuring
instrument while the measuring instrument is being dismantled or reassembled.
(4) Subregulation (3) does not apply if section 18MF or
18MR of the Act applies.
(5) If:
(a) an inspector directs the controller to
comply with subregulation (2); and
(b) the controller does not comply with the
inspector’s direction;
the measuring instrument must not be used for trade until the
controller complies with the inspector’s direction.
(6) If:
(a) an inspector asks the controller to comply
with subregulation (3); and
(b) subregulation (4) does not apply; and
(c) the controller does not comply with the
inspector’s request;
the measuring instrument must not be used for trade until the
controller complies with the inspector’s request or with paragraph (2) (a) or
(b).
2.36 Inspector
may direct controller to provide and pay for certain items
(1) An inspector may direct the controller of a
measuring instrument to provide and pay for any of the following items that the
inspector requires to verify or reverify a measuring instrument or to carry out
an in-service inspection of a measuring instrument:
(a) electricity;
(b) equipment, including test masses or measures;
(c) fuel;
(d) gas;
(e) labour;
(f) liquid;
(g) materials;
(h) prompt transport to and from the site of the
measuring instrument.
(2) If the controller fails to comply with the
inspector’s direction, the measuring instrument must not be used for trade
until the controller complies.
(3) If the controller is in possession of test masses,
measures or equipment provided by the Secretary and mentioned in paragraph (1) (b),
the controller is liable for either of the following:
(a) the loss of a test mass, measure or piece of
equipment;
(b) damage to a test mass, measure or piece of
equipment.
(4) Any other cost or expense incurred by the Secretary
as a result of loss or damage mentioned in paragraph (3) (a) or (b) is
recoverable by the Secretary as a debt due by the controller.
Division 2.3 Batch
testing and marking — glass measures
2.37 Definitions
for Division 2.3
In this Division:
approval means an approval granted under
regulation 2.38.
testing facilities means the combination of labour,
equipment and facilities that is necessary to test a batch of glass measures in
accordance with regulation 2.39.
2.38 Secretary
may approve batch testing and marking
(1) The Secretary may, in writing, grant a servicing
licensee:
(a) an approval to test and mark a batch of glass
measures; or
(b) an approval to test and validate a
verification mark.
(2) An approval ceases to have effect if it is revoked
by the Secretary.
(3) An approval ceases to have effect if the servicing
licensee:
(a) fails to comply with a condition included in
the approval; or
(b) fails to take reasonable precautions to
prevent the commission of an offence mentioned in regulation 2.27.
(c) fails to provide and pay for testing
facilities in accordance with regulation 2.38 or as required by the Secretary;
or
(d) fails to keep
records in accordance with regulation 2.40; or
(e) fails to make records available for
examination by an inspector in accordance with regulation 2.40.
2.39 Batch
testing requirements
(1) A manufacturer or an importer of glass measures
must ensure that at least the appropriate test proportion of a batch of glass
measures is tested by:
(a) an inspector; or
(b) a servicing licensee; or
(c) an employee of a servicing licensee.
(2) If an inspector tests a batch of glass
measures, he or she must provide to the manufacturer or importer of the batch a
histogram that details the results of each test of the batch of glass measures
made by the inspector.
(3) If a servicing licensee or an employee of
the servicing licensee tests a batch of glass measures, the servicing licensee must
provide to:
(a) the Secretary; and
(b) the manufacturer or importer of the batch;
a histogram that details the results of each test of the batch of
glass measures made by the servicing licensee.
(4) If an employee of a servicing licensee tests a batch
of glass measures, he or she must provide to the servicing licensee a histogram
that details the results of each test of the batch of glass measures made by
the employee.
(5) The inspector, servicing licensee or employee of the
servicing licensee must provide the histogram within 14 days after making the
test.
(6) The appropriate test proportion, in relation to a
batch of glass measures, is specified in the relevant national test procedure,
itself specified in the latest edition of the National Instrument Test
Procedures published by the National Measurement Institute.
Note The latest edition of the National Instrument
Test Procedures is available on the Internet at http://www.nmi.gov.au.
2.40 Servicing
licensee to keep records
(1) If an approval is granted to a servicing licensee relating
to glass measures, the servicing licensee must keep a record of each glass
measure specified in the approval for a period of at least 3 years after
the batch of glass measures is tested.
(2) If an inspector exercises the power to inspect under
paragraph 18MG (1) (e) of the Act in relation to a record mentioned in
paragraph (a), the servicing licensee must give the record to the inspector
within 14 days after the inspector exercises the power to inspect.
Note See regulation 2.28 for an offence
related to glass measures.
Division 2.4 Servicing
licences and licensees
2.41 Prescribed
fee — application for servicing licence (Act s 18NA (3) (b))
For paragraph 18NA (3) (b) of the Act, the fee for
an application for a servicing licence is the sum of:
(a) the fee (if any) specified in Part 1 of the
following table; and
(b) the
fees worked out using Parts 2 and 3 of the table.
|
Part 1 Kind of applicant
|
|
Item
|
Applicant
|
Fee
|
|
1.1
|
Applicant that holds a servicing licence
|
Nil
|
|
1.2
|
Applicant that does not hold a servicing licence
|
$500
|
|
Part 2 Number of verifiers
|
|
Item
|
Number of verifiers nominated in application
|
Fee
|
|
2.1
|
1
|
$550 × number of years of licence (including any part of a
year)
|
|
2.2
|
At least 2 but no more than 10
|
$850 × number of years of licence (including any part of a
year)
|
|
2.3
|
At least 11 but no more than 50
|
$2 050 × number of years of licence (including any
part of a year)
|
|
2.4
|
At least 51 but no more than 100
|
$3 550 × number of years of licence (including any
part of a year)
|
|
2.5
|
At least 101
|
$5 800 × number of years of licence (including any
part of a year)
|
|
Part 3 Categories of
licence
|
|
Item
|
Fee
|
|
3.1
|
Number of classes of servicing licence to which the
application relates × $125
|
|
|
|
|
2.42 Prescribed
particulars (Act s 18NF)
For section 18NF of the Act, each of the following
particulars related to a servicing licence is prescribed:
(a) the licence number;
(b) the licensee’s name;
(c) the licensee’s address to be used for
service of notices;
(d) the date on which the licence was issued;
(e) any condition imposed on the licence under
section 18NH of the Act;
(f) the class of the licence.
2.43 Prescribed
conditions (Act s 18NH (j))
(1) For paragraph 18NH (j) of the Act, each of the
conditions in this regulation is prescribed.
(2) A servicing licensee must comply with these
Regulations.
(3) An employee of a servicing licensee must comply with
these Regulations.
(4) If paragraph 18QA (1) (a), (b), (c), (e), (g), (h)
or (i) of the Act applies to the servicing licensee, the servicing licensee
must notify the Secretary of that fact within 14 days after the servicing
licensee first knows that the paragraph applies.
(5) If any change occurs in the circumstances of the
servicing licensee that will result in paragraph 18QA (1) (a), (b), (c), (e),
(g), (h) or (i) of the Act applying to the servicing licensee, the servicing
licensee must notify the Secretary of that fact within 14 days after the
change in circumstances.
(6) If an employee of a servicing licensee verifies
measuring instruments as part of his or her duties, the employee must, within
14 days after the change in circumstances, notify the servicing licensee of any
change in the employee’s circumstances that is relevant to:
(a) the employee’s eligibility to carry out his
or her duties; or
(b) identifying
the employee.
Note Examples of a relevant change in
the employee’s circumstances include, but are not limited to, the following:
(a) loss of competence;
(b) change of name;
(c) change of residential address.
(7) If an employee of a servicing licensee notifies the
servicing licensee of any change in the employee’s circumstances in accordance
with subregulation (6), the servicing licensee must notify the Secretary of the
change in circumstances within 14 days after the servicing licensee is
notified by the employee.
(8) If a servicing licensee otherwise knows of any
change in the circumstances of an employee that is relevant to the employee’s eligibility
to carry out his or her duties, the servicing licensee must notify the
Secretary of the change in circumstances within 14 days after the servicing
licensee first knows of the change in circumstances.
(9) A servicing licensee must notify the Secretary within
14 days after any of the following events:
(a) if an employee of the servicing licensee who
verifies measuring instruments as part of his or her duties ceases to be employed
by the servicing licensee;
(b) if the servicing licensee employs a new
employee who will verify measuring instruments as part of his or her duties.
(10) If a servicing licensee verifies a measuring
instrument, the servicing licensee must:
(a) in writing in an approved form; and
(b) within 14 days after verifying the measuring
instrument;
notify the controller of the measuring instrument that the measuring
instrument has been verified.
(11) If an employee of a servicing licensee verifies a
measuring instrument, the servicing licensee must:
(a) in writing in an approved form; and
(b) within 14 days after verifying the measuring
instrument;
notify the controller of the measuring instrument that the measuring
instrument has been verified.
(12) If:
(a) a servicing licensee or an employee of a
servicing licensee examines or tests a measuring instrument; and
(b) the servicing licensee or the employee does
not verify the measuring instrument immediately after completing the
examination or test; and
(c) the measuring instrument:
(i) is not of an approved pattern; or
(ii) is outside the range of maximum
permissible error that is permitted at verification for the measuring
instrument; or
(iii) does not comply with the relevant
National Instrument Test Procedure;
the servicing licensee must notify the Secretary, in the manner
described in subregulation (13), that the measuring instrument has not been
verified.
Note The latest edition of the National
Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au.
(13) For subregulation (12):
(a) the servicing licensee must notify the
Secretary that the measuring instrument has not been verified:
(i) in writing in an approved form;
and
(ii) within 14 days after the servicing
licensee completes the examination or test; and
(b) the servicing licensee, or an employee of the
servicing licensee, must obliterate a verification mark on the measuring
instrument.
Note The servicing licensee can notify
the Secretary electronically by using a facility available on the Internet at http://www.nmi.gov.au.
(14) If:
(a) a servicing licensee or an employee of a
servicing licensee examines or tests a measuring instrument; and
(b) the servicing licensee or employee does not
verify the measuring instrument immediately after completing the examination or
test; and
(c) the measuring instrument:
(i) is not of an approved pattern; or
(ii) is outside the range of maximum
permissible error that is permitted at verification for the measuring
instrument; or
(iii) does not comply with the relevant
National Instrument Test Procedure;
the servicing licensee or employee must notify the controller of
the measuring instrument, in the manner described in subregulation (15), that
the measuring instrument has not been verified.
Note The latest edition of the National
Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au.
(15) For subregulation (14), the servicing licensee or employee
must notify the controller of the measuring instrument:
(a) in writing in an approved form; and
(b) immediately after the servicing licensee or employee
completes the examination or test.
(16) If a servicing licensee, or an employee of a
servicing licensee, verifies a measuring instrument, the servicing licensee
must notify the Secretary of the verification:
(a) in writing in an approved form; and
(b) within 14 days after the measuring instrument
has been verified.
Note The servicing licensee can notify
the Secretary electronically by using a facility available on the Internet at http://www.nmi.gov.au.
(17) A servicing licensee must:
(a) retain a copy of any notification made in
accordance with subregulation (10), (11), (12), (13), (14), (15) or (16) for a
period of at least 3 years after the notification is made; and
(b) if an inspector exercises the power to
inspect under paragraph 18MG (1) (e) of the Act in relation to a copy mentioned
in paragraph (a) — give the copy to the inspector within 14 days after the
inspector exercises the power to inspect.
(18) A servicing licensee, or an employee of a servicing
licensee, must not verify a measuring instrument unless it has been tested in
accordance with:
(a) the relevant national test procedure as
specified in the latest edition of the National Instrument Test Procedures; and
(b) any particular
test procedures specified in the relevant National Measurement Institute
Certificate of Approval.
Note The
latest edition of the National Instrument Test Procedures is available on the
Internet at http://www.nmi.gov.au.
(19) A servicing licensee, or an employee of a servicing licensee,
who verifies a measuring instrument must ensure that the measuring instrument
is in accordance with its approved pattern.
(20) A servicing licensee, or an employee of a servicing
licensee, who verifies a measuring instrument must ensure that the measuring
instrument operates within the relevant maximum permissible error.
(21) A servicing licensee, or an employee of a servicing
licensee, who verifies a measuring instrument must ensure that:
(a) if an item of equipment used by the
servicing licensee or the employee is required by the National Instrument Test
Procedures published by the National Measurement Institute to be the subject of
a current certificate of verification issued in accordance with paragraph 13 (1)
(b) or (c) of the National Measurement Regulations 1999 — the item is
the subject of the certificate; or
(b) if paragraph (a) does not apply — the item of
equipment used by the servicing licensee or the employee is specified in the
latest edition of the National Instrument Test Procedures published by the
National Measurement Institute.
Note The latest edition of the National
Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au.
(22) A servicing licensee must maintain a quality
management system in an approved form.
(23) If the Secretary:
(a) notifies a servicing licensee that the
quality management system used by the servicing licensee does not comply with an
approved form of the quality management system; and
(b) includes in the notification a recommendation
related to the noncompliant quality management system
the servicing licensee must, within 14 days after being notified by
the Secretary, act in accordance with the recommendation.
Note Information regarding an approved
form of the quality management system is available on the Internet at http://www.nmi.gov.au.
(24) If an inspector gives a direction to a
servicing licensee, or an employee of a servicing licensee, in relation to reverification
of a measuring instrument in accordance with section 18MJ of the Act for the
purpose of establishing whether the servicing licensee or employee is competent
to perform the functions and duties of a verifier, the servicing licensee or
employee must:
(a) perform any test of the measuring instrument
requested by the inspector; and
(b) perform the test at a time and place agreed
by the inspector and the servicing licensee or employee who will perform the
test.
(25) If a servicing licensee, or an employee of a
servicing licensee, tests or verifies a measuring instrument that is included
in a licence class prescribed in Schedule 2, the servicing licensee must, if
the Secretary directs, provide a test report to the Secretary:
(a) in writing in an approved form; and
(b) within 14 days after the Secretary
directs the servicing licensee to provide the test report.
Note 1 Section 18NH of the Act sets
out other conditions on all servicing licenses.
Note 2 An electronic version of
each of the National Instrument Test Procedures is available on the internet at
http://www.nmi.gov.au.
2.44 Prescribed
fee — application to amend condition of servicing licence (Act s 18NI (2) (b))
For paragraph 18NI (2) (b) of the Act, the fee for
an application to amend a condition of a servicing licence is $125.
2.45 Prescribed
fee — application to amend servicing licensee due to change of partnership
(Act s 18NJ (3) (d))
For paragraph 18NJ (3) (d) of the Act, the fee for
an application to amend a servicing licence to state the people who are or will
be the partners is $500.
2.46 Prescribed
fee — application for renewal of servicing licence (Act s 18NK (2) (b))
For paragraph 18NK (2) (b)
of the Act, the fee for an application for the renewal of a servicing licence
is the sum of the fees worked out using Parts 1 and 2 of the following table.
|
Part 1 Number of verifiers
|
|
Item
|
Number of verifiers nominated in application for
renewal
|
Fee
|
|
1.1
|
1
|
$550 × number of years of licence
|
|
1.2
|
At least 2 but no more than 10
|
$850 × number of years of licence
|
|
1.3
|
At least 11 but no more than 50
|
$2 050 × number of years of licence
|
|
1.4
|
At least 51 but no more than 100
|
$3 550 × number of years of licence
|
|
1.5
|
At least 101
|
$5 800 × number of years of licence
|
|
Part 2 Categories of
licence
|
|
Item
|
Fee
|
|
2.1
|
$125 × number of classes of servicing licence to which
the application relates
|
Part 3 Weighbridges used for trade
Division 3.1 General
3.1 Application of Part 3
(1) This
Part applies to weighbridges used for trade (including public weighbridges).
(2) This Part is in addition to,
and does not limit, any other provision of these Regulations relating to measuring instruments generally.
3.2 Location of weighbridge
A weighbridge must be located so
that:
(a) a vehicle using the
weighbridge has enough room to move on and off the weighbridge without the
vehicle turning on any platform; and
(b) the indicating device of the
weighbridge is protected from wind and rain by an office or other adequate
means; and
(c) any operational visual
summing device of the weighbridge is protected from wind and rain by an office
or other adequate means; and
(d) water, mud or debris from
the area surrounding the weighbridge does not accumulate:
(i) on or under a
platform; or
(ii) in the pit.
3.3 Visibility on weighbridge
(1) A weighbridge must simultaneously
provide the operator with a clear view of:
(a) each platform in its
entirety; and
(b) the result of the
measurement displayed on the indicator;
without requiring the operator to change position
from his or her normal operating position.
(2) For a road weighbridge, the position
of the indicator must enable the driver of a vehicle using the weighbridge to
read easily the mass displayed on the indicator.
3.4 Approach to weighbridge
(1) An approach to a weighbridge must:
(a) have a hard, true and
durable surface of concrete or another approved material; and
(b) have a perimeter that is
clearly indicated by painted marks or other approved means; and
(c) be arranged so that
drainage from the surface of the approach does not flow into the pit; and
(d) be in the same plane as the
platform for a minimum distance of either of the following:
(i) if the length of
the platform is less than 18 metres — 3 metres;
(ii) if the length of
the platform is 18 metres or more — 1 metre.
(2) The approach to a platform of a weighbridge
that is the entry or exit end of the entire weighbridge
is in the same plane as the platform or platforms of the
weighbridge if:
(a) the surface of the approach is, for its
entirety, contained within an angle of no more than +/- 0.25 degrees of level
(horizontal) measured from the end of the nearer end of the weighbridge; and
(b) for a multi-platform weighbridge — the dead
space, if applicable, between the platforms of the weighbridge is level and in
the same plane as each of the platforms.
3.5 Platform of weighbridge — composition
Each platform of a weighbridge
must be composed of:
(a) concrete; or
(b) steel; or
(c) a combination of concrete
and steel; or
(d) an approved material not
mentioned in paragraph (a) or (b); or
(e) a combination of approved materials
not mentioned in paragraph (c).
3.6 Pit of weighbridge
If a weighbridge has 1 or more
pits:
(a) each entrance to a pit
must be:
(i) covered; and
(ii) at least 1 metre
deep; and
(iii) at least 900 mm
wide; and
(b) the neck of the pit must be
at least 900 mm wide; and
(c) a lever located in the neck
of the pit must have a clearance of at least 150 mm on each side of the
lever; and
(d) each part of the underwork
must be freely accessible; and
(e) if each part of the
underwork is freely accessible from above, there must be a clearance of at
least 150 mm below each part of the underwork; and
(f) in any other case — there
must be a clearance of at least 400 mm below the lowest lever; and
(g) each pit must be kept free
from any accumulation of water, mud or debris; and
(h) each pit must be:
(i) free‑draining;
or
(ii) provided with
automatic mechanical drainage.
3.7 Weighbridge without pit
(1) If a weighbridge does not have a
pit:
(a) the clearance under the
lowest live part of the platforms must be at least 150 mm; and
(b) the floor between load cell
supports must be:
(i) composed of
concrete at least 75 mm thick; and
(ii) effectively
drained; and
(iii) kept free from
any accumulation of water, mud or debris; and
(c) a clear space of at least
750 mm from the external edges of the platform must extend from the floor of
the weighbridge to at least 1 metre above the platforms; and
(d) the load cell footings must
be individually and mutually stable.
(2) The Secretary may, in writing, permit
a weighbridge that does not comply with subregulation (1) to be used.
3.8 Weighbridge with electrical or electronic devices
If a weighbridge is equipped with
electrical or electronic devices:
(a) each electrical or electronic
device must be protected from:
(i) electrical interference; and
(ii) electronic
interference; and
(iii) the rays of the
sun; and
(b) the data plate of the load
cells must be sufficiently accessible to enable the data plate to be read with
ease.
3.9 Weighbridge with more than 1 platform
(1) If a weighbridge has more than 1
platform:
(a) the dead space between each
platform must not exceed 2 metres; and
(b) each platform must operate
in a manner that does not affect the operation of any other platform; and
(c) the upper surface of a platform
should be in the same plane as the upper surface of each other platform; and
(d) a visual summing indicator
must be installed on the weighbridge in a manner that meets the requirements of
paragraph 3.2 (c).
(2) A platform of the weighbridge is in
the same plane as each other platform if the platform meets the
requirements specified in subregulation 3.4 (2) for an approach to a
weighbridge.
3.10 Portable 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) the base of the weighbridge
must be stable when the weighbridge is in use; and
(c) the headwork of the
weighbridge must be adequately protected from wind and rain by an office or
other adequate means; and
(d) the levers (if any) of the
weighbridge must be adequately protected; and
(e) any electrical cabling from
the load cells to the headwork must be adequately protected; and
(f) the ground under the
platform must be:
(i) treated to
prevent the growth of foliage; and
(ii) kept free from
any accumulation of water, mud or debris.
3.11 Use of weighbridge to determine end‑and‑end
measurement
(1) A weighbridge may only be used to determine an end‑and‑end
measurement if the approaches to the weighbridge:
(a) have a smooth and level surface that is
paved with concrete or other approved material; and
(b) are in the same horizontal plane as the top
of the platform or platforms; and
(c) have a perimeter that is clearly indicated
by painted marks or other approved means.
(2) For the measurement of a vehicle, a weighbridge must
not be used to determine an end‑and‑end measurement if, at any time
during the measurement of the vehicle, any of the following paragraphs applies:
(a) the brakes, gears or any other means capable
of restricting the free movement of the vehicle are engaged;
(b) the air suspension of the vehicle is
manipulated;
(c) any item or mechanism that can affect the
measurement of the vehicle when it is engaged is engaged;
(d) any item or mechanism that can affect the
measurement of the vehicle when it is disengaged is disengaged;
(e) the wheels of the axles that are being
weighed in any of the weighings are not wholly on the platform;
(f) the wheels on 1 or more of the axles of the
vehicle are not located within the indicated perimeter of the approaches.
Division 3.2 Public weighbridges
3.12 Prescribed
fee — application for public weighbridge licence (Act s 18PA (3) (b))
For paragraph 18PA (3) (b) of the Act, the fee for
an application for a public weighbridge licence is the sum of:
(a) $850; and
(b) $350 multiplied by each year, or part of a
year, of the licence after the first year.
Note The amount of $850 is the component
of the total fee covering the first year of the licence.
3.13 Prescribed
fee — application to amend condition of public weighbridge licence (Act s
18PI (2) (b))
For paragraph 18PI (2) (b) of the Act, the fee for
an application to amend a condition of a public weighbridge licence is $125.
3.14 Prescribed
fee — application to amend public weighbridge licence due to change of
partnership (Act s 18PJ (3) (d))
For paragraph 18PJ (3) (d) of the Act, the fee for
an application to amend a public weighbridge licence to state the people who
are or will be the partners is $500.
3.15 Prescribed
fee — application to contract out public weighbridge operation (Act s 18PK (3) (d))
For paragraph 18PK (3) (d) of the Act, the fee for
an application to amend a public weighbridge licence to state the person who
will operate the public weighbridge is $350 multiplied by each year, or
part of a year, of the licence remaining after the application is made.
3.16 Prescribed
fee — application for renewal of public weighbridge licence (Act s 18PL (2) (b))
For paragraph 18PL (2) (b) of the Act, the fee for
an application for the renewal of a public weighbridge licence is $350 multiplied
by each year of the licence.
3.17 When
use of weighbridge is taken not to be use of a public weighbridge
The use of a weighbridge is taken not to be the
use of a public weighbridge only if:
(a) the weighbridge is being used to weigh stock
on the hoof; or
(b) both of the following subparagraphs apply:
(i) the weighbridge is used to measure
the tare mass of a vehicle for the purpose of registering the vehicle;
(ii) the operator issues to the person who
is in charge of the vehicle a written statement of the tare mass of the vehicle
that indicates clearly that the tare mass was measured solely for the purpose
mentioned in subregulation (i).
3.18 Secretary
may require inspection report
In exercising his or her powers under section 18PB
or 18PC of the Act, the Secretary may require an inspector to:
(a) inspect a weighbridge; and
(b) provide to the Secretary, within 14 days
after the inspector examines the weighbridge, an inspection report that
includes an assessment by the inspector regarding whether the inspector is
satisfied that:
(i) a vehicle using the weighbridge
is able to move onto and off the weighbridge without reversing; and
(ii) the type of weighbridge is
suitable for the purpose of a public weighbridge; and
(iii) the size of the platforms of the
weighbridge is suitable for the purpose of a public weighbridge; and
(iv) the weighbridge complies with these
Regulations.
3.19 Display
requirements — sign at public weighbridge
A public weighbridge licensee must display at the
weighbridge a sign that meets each requirement mentioned in the following
paragraphs:
(a) the sign must be displayed in a prominent
position; and
(b) a person using the weighbridge must be able
to easily see the sign; and
(c) each letter or number included on the sign
must be at least 100 mm high; and
(d) the background colour of the sign must
contrast with the colour of each letter and number included on the sign; and
(e) the sign must clearly state that the
weighbridge is a public weighbridge; and
(f) the sign must clearly state the registered
number of the weighbridge.
3.20 When
licensee must withdraw public weighbridge from use and notify Secretary
If a public weighbridge licensee knows, or
believes on reasonable grounds, that a measurement determined using a public
weighbridge would be incorrect, the licensee must, immediately after forming
the knowledge or belief:
(a) withdraw the public weighbridge from use;
and
(b) notify the Secretary, in an approved form,
of:
(i) the withdrawal of the public weighbridge
from use; and
(ii) the reason that the public weighbridge
has been withdrawn from use.
3.21 Public
weighbridge licensee may refuse measurement request
A public weighbridge licensee or operator may
refuse a request for measurement during normal trading hours only if:
(a) the weighbridge does not have the capacity
to determine the measurement; or
(b) the licensee or operator knows, or believes
on reasonable grounds, that a measurement determined using the weighbridge
would be incorrect; or
(c) the person requesting the measurement does
not comply with a request made by the licensee or operator to pay the fee for
the measurement before the measurement is determined.
3.22 Platform of public weighbridge to be kept clean
(1) A public weighbridge licensee must
ensure that each platform of a public weighbridge is kept clean.
(2) A person who engages in conduct that contravenes
subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.23 Space
between frame and platform must be kept free from obstructions
(1) A public weighbridge licensee must ensure that:
(a) for a public weighbridge with 1 platform —
the space between the frame of the weighbridge and the platform of the
weighbridge is, at all times, kept free from any obstruction; or
(b) for a public weighbridge with more than 1 platform
— the space between the frame of the weighbridge and each platform of the
weighbridge is, at all times, kept free from any obstruction.
(2) A person who engages in
conduct that contravenes subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.24 Weight recorded by public weighbridge without load to be
kept accurately at zero
(1) A public weighbridge licensee must
ensure that the weight recorded by a public weighbridge is kept accurately at
zero if:
(a) for a public weighbridge
with 1 platform — there is no load on the platform; or
(b) for a public weighbridge
with more than 1 platform — there is no load on any platform.
(2) A person who engages in
conduct that contravenes subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.25 Public weighbridge licensee must ensure operator determines
measurement with appropriate care
(1) A public weighbridge licensee must
ensure that, for each measurement determined using a public weighbridge, the
operator takes the appropriate degree of care to determine the measurement.
(2) A person who engages in
conduct that contravenes subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.26 Measurement
tickets — general requirements
(1) For a public weighbridge, a measurement ticket must
be:
(a) issued from a bound book of tickets; or
(b) issued from a pad of tickets; or
(c) generated electronically.
(2) A bound book or pad of measurement tickets mentioned
in subregulation (1) may contain more than 1 copy measurement ticket for each
original measurement ticket.
3.27 Measurement
tickets — requirements of public weighbridge licensee
(1) A public weighbridge licensee must
ensure that, for each measurement determined using a public weighbridge:
(a) the operator takes the
appropriate degree of care to determine the measurement; and
(b) the operator completes an
original measurement ticket:
(i) in an approved
form; and
(ii) in numerical
order; and
(iii) with appropriate
care; and
(iv) as soon as
practicable after the operator determines the measurement; and
(c) the operator completes a
copy measurement ticket:
(i) in an approved
form; and
(ii) in numerical
order; and
(iii) with appropriate
care; and
(iv) as soon as
practicable after the operator determines the measurement; and
(d) immediately after the
operator completes the original measurement ticket, the operator issues the
copy measurement ticket to the person for whom the measurement was determined.
(2) A person who engages in
conduct that contravenes subregulation (1) commits an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.28 Public
weighbridge licensee must ensure certain measurement tickets produced to
relevant person
(1) If a relevant person requests a public weighbridge
licensee to produce a measurement ticket during the preservation period, the
public weighbridge licensee must ensure that either of the following documents
is produced to the relevant person as soon as practicable after the request is
made:
(a) for a measurement ticket issued from a book
or pad of tickets — the original measurement ticket;
(b) for a measurement ticket generated
electronically — a printed version of the original measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) In this regulation, relevant person
means:
(a) an inspector; or
(b) a person who
has a genuine interest in examining the measurement ticket.
Note An example of a person with a
genuine interest in the measurement ticket is a person whose goods were located
on a truck being driven by another person at the time of the weighing.
(3) A person who engages in
conduct that contravenes subregulation (1) commits
an offence.
Penalty: 20 penalty units.
(4) The offence mentioned in subregulation (3) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.29 Public
weighbridge licensee must not remove or alter original measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is issued from
a book or pad of tickets, a public weighbridge licensee must not:
(a) remove an original measurement ticket from a
book or pad; or
(b) alter an original measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.30 Public
weighbridge licensee must not allow another person to remove or alter original
measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is issued from
a book or pad of tickets, a public weighbridge licensee must not:
(a) allow another person to remove an original
measurement ticket from a book or pad of tickets; or
(b) allow another person to alter an original
measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.31 Public
weighbridge licensee must not remove or alter unissued copy measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is issued from
a book or pad of tickets, a public weighbridge licensee must not:
(a) remove an unissued copy measurement ticket
from a book or pad of tickets; or
(b) alter an unissued copy measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned
in subregulation (2) is an offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.32 Public
weighbridge licensee must not allow another person to remove or alter unissued
copy measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is issued from
a book or pad of tickets, a public weighbridge licensee must not:
(a) allow another person to remove an unissued
copy measurement ticket from a book or pad of tickets; or
(b) allow another person to alter an unissued
copy measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.33 Public
weighbridge licensee must not delete or alter electronic record included in
measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is generated
electronically, a public weighbridge licensee must not:
(a) delete any electronic record of particulars
in the measurement ticket; or
(b) alter any electronic record of particulars in
the measurement ticket.
Note For the definition of preservation
period, see regulation 1. 4.
(2) A
person who engages in conduct that contravenes paragraph (1) (a)
or (b) commits an offence.
Penalty: 20
penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.34 Public
weighbridge licensee must not allow another person to delete or alter
electronic record included in measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is generated
electronically, a public weighbridge licensee must not:
(a) allow another person to delete any
electronic record of particulars in a measurement ticket; or
(b) allow another person to alter any electronic
record of particulars in a measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.35 Public
weighbridge licensee must not dispose of or alter printed version of original
measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is generated
electronically, a public weighbridge licensee must not:
(a) dispose of any printed version of an
original measurement ticket; or
(b) alter any printed version of an original
measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.36 Public
weighbridge licensee must not allow another person to dispose of or alter
printed version of original measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is generated
electronically, a public weighbridge licensee must not:
(a) allow another person to dispose of any
printed version of an original measurement ticket; or
(b) allow another person to alter any printed
version of an original measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.37 Public
weighbridge licensee must provide certain information to the Secretary
(1) A public weighbridge licensee must provide, in
writing, the information included in each of the following paragraphs to the
Secretary, within the period mentioned in each paragraph:
(a) a change in the address for service of
notices on the public weighbridge licensee — within 14 days after the change in
address;
(b) the full name and residential address of each
person employed by the public weighbridge licensee to operate the public
weighbridge — within 14 days after the person’s employment commences;
(c) if an operator ceases to be employed by the
public weighbridge operator, the last day the operator was employed to operate
the public weighbridge — within 14 days after the final day of employment;
(d) the full name and residential address of each
person contracted by the public weighbridge licensee to operate the public
weighbridge — within 14 days after the person’s employment commences;
(e) if an operator ceases to be contracted by
the public weighbridge operator, the last day the operator was contracted to
operate the public weighbridge — within 14 days after the final day of
employment.
(2) A person who engages in
conduct that contravenes paragraph (1) (a), (b) or
(c) commits an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.38 Public
weighbridge licensee must not knowingly permit or assist person to engage in fraudulent
conduct
(1) A public weighbridge licensee must not knowingly:
(a) permit a person to engage in fraudulent
conduct in connection with the measurement of anything by using a public
weighbridge; or
(b) permit a person to engage in fraudulent
conduct in connection with the measurement of anything by using a measurement
ticket; or
(c) assist a person to engage in fraudulent
conduct in connection with the measurement of anything by using a public
weighbridge; or
(d) conspire with a person who engages in
fraudulent conduct in connection with the measurement of anything by using a
public weighbridge.
(2) A person who engages in
conduct that contravenes paragraph (1) (a), (b), (c)
or (d) commits an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.39 Public
weighbridge licensee must notify Secretary of fraudulent conduct related to
measurement using weighbridge
(1) If a public weighbridge licensee knows of any
fraudulent conduct related to the measurement of anything using a public
weighbridge, the licensee must notify the Secretary as soon as practicable
after acquiring the knowledge.
(2) A person who engages in
conduct that contravenes subregulation (1) commits
an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.40 Public
weighbridge licensee must not knowingly engage in certain conduct related to
false representation
(1) A public weighbridge licensee must not:
(a) make a representation in relation to the
measurement of anything using a public weighbridge that the licensee knows to
be false; or
(b) conspire with another person to make a
representation in relation to the measurement of anything using a public
weighbridge that the licensee knows to be false.
(2) A person who engages in
conduct that contravenes subregulation (1) commits
an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.41 Public
weighbridge licensee to ensure issue of measurement ticket in approved form
(1) A public weighbridge licensee must ensure that a
measurement ticket in an approved form is able to be issued at a public
weighbridge for each measurement determined at the weighbridge.
(2) For a measurement ticket that is issued from a book
of tickets or a pad of tickets, a public weighbridge licensee must:
(a) retain a clearly identifiable original
measurement ticket that is:
(i) clearly identifiable as an
original measurement ticket; and
(ii) numbered consecutively.
(b) ensure that a clearly identifiable copy
measurement ticket is issued to the person for whom the measurement was determined;
and
(c) ensure that, immediately after the last copy
measurement ticket is issued from a pad of measurement tickets, all original
measurement tickets and all unissued copy measurement tickets are securely
bound together; and
(d) retain, for at least the preservation period,
the bound book or pad from which the measurement ticket was issued.
Note For the definition of preservation
period, see regulation 1.4.
(3) For a measurement ticket that is generated
electronically, a public weighbridge licensee must:
(a) unless regulation 3.59 applies — ensure
that:
(i) the tickets are numbered
consecutively; and
(ii) particulars of the measurement
ticket are created electronically; and
(b) ensure that a printed version of the
measurement ticket, clearly identifiable as a copy measurement ticket, is
issued to the person for whom the measurement is determined in accordance with
the ticket’s numerical order; and
(c) retain, for at least the preservation
period, 1 or both of the following:
(i) the electronic record of the
particulars included in the measurement ticket;
(ii) a printed version of the original
measurement ticket that is clearly identifiable as an original measurement
ticket.
Note For the definition of preservation
period, see regulation 1.4.
3.42 Inspector
may direct operator to measure vehicle
(1) An inspector may direct an operator to determine a
measurement of a loaded or unloaded vehicle.
(2) The operator must comply with the inspector’s
request.
(3) The inspector is not required to pay a fee or a
charge for a measurement determined in accordance with subregulation (1).
3.43 Measurement
tickets — certain requirements to be met by operator
(1) An operator must complete a measurement ticket only for
the purpose of complying with these Regulations.
(2) Unless subregulation (7), (8), (9), (10), (11), (12)
or (13) applies, if an operator determines a measurement for a person, the
operator must
(a) as soon as practicable after the measurement
is determined — complete an original measurement ticket; and
(b) immediately after the original measurement
ticket is completed — issue to the person a copy measurement ticket.
(3) Without limiting the particulars that may be
included on a measurement ticket, if completing a measurement ticket:
(a) for a measurement of only the tare mass of a
vehicle — an operator must indicate clearly on the measurement ticket that the
measurement refers to the tare mass of the vehicle; or
(b) for a measurement of only the gross mass of a
vehicle, animal or any other thing — an operator must indicate clearly on the
measurement ticket that the measurement refers to the gross mass of the
vehicle, animal or thing; or
(c) for a measurement determined for 2 or more
linked but separately registered vehicles — an operator must include on the
measurement ticket the registration letters and figures for each vehicle; or
(d) for a measurement of a load on a vehicle — an
operator must include on the measurement ticket the measurement of the load
supported by all the axles of the vehicle.
(4) If an operator makes a mistake while completing a
measurement ticket that is in a book or pad of tickets and becomes aware of the
mistake before issuing a copy measurement ticket, the operator:
(a) must, immediately after becoming aware of
the mistake, cancel the original measurement ticket and any copy of the
original measurement ticket; and
(b) must not remove the original measurement
ticket or any copy of the original measurement ticket from the book or pad of
tickets.
(5) Subject to subregulation (6), an operator must not,
without reasonable excuse, issue a completed copy measurement ticket if the
ticket includes any information that is not required by:
(a) these Regulations; or
(b) an approved form.
(6) Subregulation (5) does not apply to the
following:
(a) the licensee’s business name, address or
logo;
(b) if the licensee intends to use the
measurement ticket as a tax invoice — any other details or information required
for the ticket to meet the requirements of a tax invoice under the A New Tax
System (Goods and Services Tax) Act 1999;
(c) if the information is consistent
with, and does not qualify the meaning or accuracy of, the information required
by these Regulations or an approved form — additional information written in
the following locations on the measuring ticket:
(i) in the margin;
(ii) at the bottom;
(iii) on the back.
Note An example of the details or
information mentioned in paragraph (b) is an Australian Business Number
(ABN).
(7) If the driver of an unloaded vehicle notifies the
operator that the vehicle is to be loaded within 24 hours after notifying the
operator and requests the operator to measure the tare mass of the vehicle and
the gross mass of the vehicle in 2 weighings, the operator:
(a) must measure the tare mass of the vehicle;
and
(b) must partially complete a measurement ticket for
the measurement by including the tare mass on the measurement ticket; and
(c) must not issue the partially completed
measurement ticket.
(8) If the vehicle returns to the weighbridge with its
load within 24 hours after the operator measures the tare mass of the
vehicle, and the driver of the vehicle requests a measurement of the gross mass
of the vehicle, the operator must:
(a) measure the gross mass of the vehicle; and
(b) complete the partially completed measurement
ticket; and
(c) issue a copy measurement ticket.
(9) If the vehicle does not return to the weighbridge
with its load within 24 hours after the operator measures the tare mass of the
vehicle, the operator must:
(a) if the driver of the vehicle requests a
completed measurement ticket within 72 hours after the operator measures the
tare mass of the vehicle — issue the completed measurement ticket showing only
the tare mass of the vehicle; or
(b) if another person requests a completed
measurement ticket and the operator is satisfied, on reasonable grounds, that
the person is authorised to make the request — issue the completed
measurement ticket showing only the tare mass of the vehicle; or
(c) if no request for a completed measurement
ticket is made within 72 hours after the operator measures the tare mass of the
vehicle — cancel the partially completed measurement ticket immediately after
the period of 72 hours expires.
(10) If the driver of a loaded vehicle notifies the
operator that the vehicle is to be unloaded within 24 hours after notifying the
operator, and requests the operator to measure the gross mass of the vehicle
and the tare mass of the vehicle in 2 weighings, the operator:
(a) must measure the gross mass of the vehicle;
and
(b) must partially complete a measurement ticket
for the measurement by including the gross mass on the measurement ticket; and
(c) must not issue the partially completed
measurement ticket.
(11) If the vehicle returns to the weighbridge unloaded
within 24 hours after the operator measures the gross mass of the vehicle
and the driver of the vehicle requests a measurement of the tare mass of the
vehicle, the operator must:
(a) measure the tare mass of the vehicle; and
(b) complete the partially completed measurement
ticket; and
(c) issue a copy measurement ticket.
(12) If the vehicle does not return unloaded within 24 hours
after the operator measures the gross mass of the vehicle, the operator must:
(a) if the driver of the vehicle requests a
completed measurement ticket within 72 hours after the operator measures the
gross mass of the vehicle — issue the completed measurement ticket showing only
the gross mass of the vehicle; or
(b) if another person requests a completed
measurement ticket and the operator is satisfied, on reasonable grounds, that
the person is authorised to make the request — issue the completed measurement
ticket showing only the gross mass of the vehicle; or
(c) if no request for a completed measurement
ticket is made within 72 hours after the operator measures the tare mass of the
vehicle — cancel the partially completed measurement ticket immediately after
the period of 72 hours expires.
(13) An operator may determine a measurement for the
purpose of issuing a copy measurement ticket showing each load supported by
separate axles, or groups of axles, of a vehicle only if making the measurement
does not breach:
(a) the licence condition mentioned in paragraph 3.62 (d);
or
(b) the licence condition mentioned in paragraph 3.62 (f).
3.44 Operator
must issue copy of original measurement ticket to relevant person if certain conditions
met
(1) This regulation applies if:
(a) a relevant person requires an operator to
issue to the relevant person a copy of an original measurement ticket for a
measurement that has already been determined; and
(b) either of the following applies:
(i) the preservation period has not
expired;
(ii) the original measurement ticket is
otherwise still available.
(2) If the relevant person pays to the operator the
public weighbridge licensee’s fee for issuing a copy of an original measurement
ticket, the operator must issue the copy, clearly marked as a copy measurement
ticket, to the relevant person.
(3) The copy must include the same particulars as the
original measurement ticket of which it is a copy.
(4) The copy must be 1 of the following:
(a) a photocopy of the original measurement
ticket;
(b) a copy measurement ticket;
(c) a copy of a form of measurement ticket:
(i) completed for the purpose of
creating the copy; and
(ii) numbered with the number of the
measurement ticket of which it is a copy;
(d) a printed version of a measurement ticket
that was generated electronically.
(5) The operator must not create an original measurement
ticket for the purpose of issuing a copy.
(6) The operator may use the form of an original
measurement ticket from a book or pad of measurement tickets to create a copy
of the kind mentioned in paragraph (4) (c).
(7) If the operator uses the form of an original
measurement ticket from a book or pad of measurement tickets to create a copy
of the kind mentioned in paragraph 4 (c), the public weighbridge licensee must
retain, for at least the preservation period, the original measurement ticket.
(8) In this regulation:
relevant person, in relation to the issue of
a copy of an original measurement ticket, means:
(a) a buyer of goods that have been weighed
using a public weighbridge; or
(b) a seller of goods that have been weighed
using a public weighbridge; or
(c) another person who has an interest in the
goods mentioned in paragraph (a) or (b).
Note An example of a person mentioned in
paragraph (c) is the owner of a vehicle that is being weighed for the purpose
of enabling the owner to charge for the transportation of goods, in
circumstances in which the transportation charges are based on the weight of
the goods being transported.
3.45 Operator
must not use public weighbridge for public weighing in certain circumstances
(1) An operator must not use a public weighbridge for
public weighing if the operator:
(a) knows that a measurement determined using
the weighbridge would be incorrect; or
(b) believes, on reasonable grounds, that a
measurement determined using the weighbridge would be incorrect.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.46 Operator
must not issue original measurement ticket
(1) An operator that determines a measurement using a
public weighbridge must not issue the original measurement ticket for the
measurement to the person for whom the measurement was made.
(2) A person who engages in
conduct that contravenes subsection (1) commits an
offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.47 Operator
must issue correct copy of original measurement ticket
(1) An operator that determines a measurement using a
public weighbridge must issue a copy measurement ticket that is a correct copy
of the original measurement ticket to the person for whom the measurement was
made.
(2) A person who engages in
conduct that contravenes subsection (1) commits an
offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.48 Operator
must not remove or alter original measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is issued from
a book or pad of tickets, an operator must not:
(a) remove an original measurement ticket from a
book or pad; or
(b) alter an
original measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.49 Operator
must not allow another person to remove or alter original measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is issued from
a book or pad of tickets, an operator must not:
(a) allow another person to remove an original measurement
ticket from a book or pad; or
(b) allow another person to alter an original
measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.50 Operator
must not remove or alter unissued copy measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is issued from
a book or pad of tickets, an operator must not:
(a) remove an unissued copy measurement ticket
from a book or pad; or
(b) alter an unissued copy measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.51 Operator
must not allow another person to remove or alter unissued copy measurement
ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is issued from
a book or pad of tickets, an operator must not:
(a) allow another person to remove an unissued
copy measurement ticket from a book or pad; or
(b) allow another person to alter an unissued
copy measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.52 Operator
must not delete or alter electronic record included in measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is generated
electronically, an operator must not:
(a) delete any electronic record of particulars
in the measurement ticket; or
(b) alter any electronic record of particulars in
the measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.53 Operator
must not allow another person to delete or alter electronic record included in
measurement ticket
(1) During the preservation period, if a measurement
ticket for a measurement determined using the public weighbridge is generated
electronically, an operator must not:
(a) allow another person to delete any
electronic record of particulars in the measurement ticket; or
(b) allow another
person to alter any electronic record of particulars in the measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned
in subregulation (2) is an offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.54 Operator
must not dispose of or alter printed version of original measurement ticket
(1) During the preservation period, if an original measurement
ticket for a measurement determined using the public weighbridge is generated
electronically, an operator must not:
(a) dispose of any printed version of the
original measurement ticket; or
(b) alter any printed version of the original
measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.55 Operator
must not allow another person to dispose of or alter printed version of
original measurement ticket
(1) During the preservation period, if an original
measurement ticket for a measurement determined using the public weighbridge is
generated electronically, an operator must not:
(a) allow another person to dispose of any
printed version of the original measurement ticket; or
(b) allow another person to alter any printed
version of the original measurement ticket.
Note For the definition of preservation
period, see regulation 1.4.
(2) A person who engages in
conduct that contravenes paragraph (1) (a) or (b) commits
an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.56 Operator
must not knowingly permit or assist person to engage in fraudulent conduct
(1) An operator must not knowingly:
(a) permit a person to engage in fraudulent
conduct in connection with the measurement of anything by using a public
weighbridge; or
(b) permit a person to engage in fraudulent
conduct in connection with the measurement of anything by using a measurement
ticket; or
(c) assist a person to engage in fraudulent
conduct in connection with the measurement of anything by using a public
weighbridge; or
(d) conspire with a person who engages in
fraudulent conduct in connection with the measurement of anything by using a
public weighbridge.
(2) A
person who engages in conduct that contravenes paragraph (1) (a),
(b), (c) or (d) commits an offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.57 Operator
must notify Secretary of fraudulent conduct related to measurement using
weighbridge
(1) If an operator knows of any fraudulent conduct
related to the measurement of anything using a public weighbridge, the operator
must notify the Secretary as soon as practicable after acquiring the knowledge.
(2) A person who engages in
conduct that contravenes subregulation (1) commits
an offence.
Penalty: 20 penalty units.
(3) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
3.58 Operator
must not knowingly engage in certain conduct related to false representation
(1) An operator must not:
(a) make a representation in relation to the
measurement of anything using a public weighbridge that the licensee knows to
be false; or
(b) conspire with another person to make a
representation in relation to the measurement of anything using a public
weighbridge that the licensee knows to be false.
(2) A person who engages in
conduct that contravenes subregulation (1) commits
an offence.
(3) The offence mentioned
in subregulation (2) is an offence of strict liability.
Penalty: 20 penalty units.
Note For strict liability, see section
6.1 of the Criminal Code.
3.59 Issuing
copy of original measurement ticket
(1) This regulation applies if:
(a) a relevant person requires an operator to issue
to the relevant person a copy of an original measurement ticket for a
measurement that has already been determined; and
(b) either of the following applies:
(i) the preservation period has not
expired;
(ii) the original measurement ticket is
otherwise still available.
(2) If the relevant person pays to the operator the
public weighbridge licensee’s fee for issuing a copy of an original measurement
ticket, the operator must issue the copy, clearly marked as a copy measurement
ticket, to the relevant person.
(3) The copy must include the same particulars as the
original measurement ticket of which it is a copy.
(4) The copy must be 1 of the following:
(a) a photocopy of the original measurement
ticket;
(b) a copy measurement ticket;
(c) a copy of a form of measurement ticket:
(i) completed for the purpose of
creating the copy; and
(ii) numbered with the number of the
measurement ticket of which it is a copy;
(d) a printed version of a measurement ticket
that was generated electronically.
(5) The operator must not create an original measurement
ticket for the purpose of issuing a copy.
(6) The operator may use the form of an original
measurement ticket from a book or pad of measurement tickets to create a copy of
the kind mentioned in paragraph (4) (c).
(7) If the operator uses the form of an original
measurement ticket from a book or pad of measurement tickets to create a copy
of the kind mentioned in paragraph 4 (c), the public weighbridge licensee must retain,
for at least the preservation period, the original measurement ticket.
(8) In this regulation:
relevant person, in relation to the issue of
a copy of an original measurement ticket, means:
(a) a buyer of goods that have been weighed
using a public weighbridge; or
(b) a seller of goods that have been weighed
using a public weighbridge; or
(c) another person who has an interest in the
goods mentioned in paragraph (a) or (b).
Note An example of a person mentioned in
paragraph (c) is the owner of a vehicle that is being weighed for the purpose
of enabling the owner to charge for the transportation of goods, in
circumstances in which the transportation charges are based on the weight of
the goods being transported.
3.60 Prescribed
particulars for register (Act s 18PF)
For section 18PF of the Act, the following
particulars relating to a public weighbridge licence is prescribed:
(a) the licence number;
(b) the licensee’s name;
(c) the date on which the licence was issued;
(d) the licensee’s address to be used for service
of notices;
(e) any condition imposed on the licence under
section 18PH of the Act;
(f) the location of the weighbridge;
(g) the registered number that the Secretary
assigned to the public weighbridge;
(h) the capacity and dimensions of the platform
or platforms of the weighbridge.
3.61 Prescribed
reverification period — public weighbridges (Act s 20 (1) (o))
For paragraph 20 (1) (o) of the Act, the prescribed
reverification period for public weighbridges is 12 months.
3.62 Additional
licence conditions — public weighbridges
For section 18PH of the Act, each of the following
conditions is imposed on a public weighbridge licence:
(a) a public weighbridge must not be used for
public weighing to determine an end-and-end measurement if the measurement can
be performed by a single operation;
(b) a public weighbridge must not be used for
public weighing to determine an end‑and‑end measurement unless the
measurement ticket is marked with a statement:
(i) that indicates that the public
weighing is an end‑and‑end measurement; and
(ii) that indicates that the accuracy
of the public weighing is not guaranteed; and
(iii) in which each letter of each word
of the statement is at least 4 mm high; and
(iv) located adjacent to the measurement
statement recorded or printed on the ticket.
(c) a public weighbridge may only be used to
determine an end‑and‑end measurement if the approaches to the
weighbridge:
(i) have a smooth and level surface
that is paved with concrete or other approved material; and
(ii) are in the same horizontal plane
as the top of the platform or platforms; and
(iii) have a perimeter that is clearly
indicated by painted marks or other approved means;
(d) a public weighbridge may only be used to
determine axle weights if the approaches to the weighbridge:
(i) have a smooth and level surface
that is paved with concrete or other approved material; and
(ii) are in the same horizontal plane
as the top of the platform or platforms; and
(iii) have a perimeter that is clearly
indicated by painted marks or other approved means;
(e) for the measurement of a vehicle, a public
weighbridge must not be used to determine an end‑and‑end
measurement if, at any time during the measurement of the vehicle, any of the
following subparagraphs applies:
(i) the brakes, gears and any other
means capable of restricting the free movement of the vehicle are engaged;
(ii) the air suspension of the vehicle is
manipulated;
(iii) any item or mechanism that can
affect the measurement of the vehicle is manipulated;
(iv) the wheels of the axles that are
being weighed in any of the weighings are not wholly on the platform;
(v) the wheels on 1 or more of the axles
of the vehicle are not located within the indicated perimeter of the approaches.
(f) for the measurement of axle weights, a
public weighbridge must not be used to determine an end‑and‑end
measurement if, at any time during the measurement of the vehicle, any of the
following subparagraphs applies:
(i) the brakes, gears and any other
means capable of restricting the free movement of the vehicle are engaged;
(ii) the air suspension of the vehicle
is manipulated;
(iii) any item or mechanism that can
affect the measurement of the vehicle when it is engaged is engaged;
(iv) any item or mechanism that can
affect the measurement of the vehicle when it is disengaged is disengaged;
(v) the wheels of the axles that are
being weighed in any of the weighings are not wholly on the platform;
(vi) the wheels on 1 or more of the
axles of the vehicle are not located within the indicated perimeter of the
approaches.
Note For conditions that apply to all
public weighbridge licences, see section 18PH of the Act.
3.63 Transitional
This Part applies in relation to an application for
a public weighbridge licence made on or after the commencement of these
Regulations.
3.64 Transitional
Until 1 July 2011, a public weighbridge operator
may issue a measurement ticket in any format that has been approved in accordance
with an earlier corresponding law.
Note The expression earlier
corresponding law is defined in subsection 3 (1) of the Act.
Part 4 Packaging
Division 4.1 Definitions
4.1 Definitions
for Part 4 — general
In this Part:
approved
printing device means a printing device that conforms to a
pattern in relation to which there is in force under the Act a certificate that
approves the use of the device for trade.
characters
includes letters, figures and symbols.
inadequate
package has the meaning given by regulation 4.33.
lot of packages:
(a) in Division 4.6 — has the meaning given by
regulation 4.30; and
(b) in Division 4.7 — has the meaning given by
regulation 4.33.
measurement
marking means the marking of measurement required by this
regulation to be made on a prepackage.
permissible
actual deficiency has the meaning given by regulation 4.30.
principal
display panel, in relation to a package, means the part of the
package that is most likely to be displayed under normal and customary
conditions of display.
weighted
average quantity has the meaning given by regulation 4.37.
4.2 Definitions
for Part 4 — prepackages
In this Part:
actual quantity, in relation to a prepackage,
means the quantity of a product contained in the prepackage, as determined by
measurements made by a trade measurement inspector in accordance with the Act
and these Regulations.
AQS mark means a letter “e”:
(a) presented as a letter at least 3 mm high;
and
(b) in the form set out in Schedule 3.
AQS
threshold, in relation to a prepackage, means the number of prepackages taken from an inspection lot
that are to be inspected to provide information for a decision about the
conformance of the inspection lot.
average error, in relation to a prepackage,
means the sum of individual errors in a sample divided by the number of
prepackages in the sample.
cheese
does not include an article that is for sale as processed cheese or cheese
spread.
cheese
products do not include an article that is for sale as processed
cheese or cheese spread.
compressed
or liquefied gas does not include liquefied petroleum gas.
content,
in relation to a prepackage, means the actual quantity of product in the
prepackage.
cream does
not include clotted cream or sour (or cultured) cream.
dried or dehydrated fruit includes:
(a) glace or crystallised fruit; and
(b) glace or crystallised fruit peel.
dried or
dehydrated mixed fruit includes any fruit of that kind, whether
or not it is mixed with nuts.
garden
landscape material means any of the following:
(a) soil;
(b) pebbles;
(c) crushed tile;
(d) crushed rock;
(e) pinebark;
(f) mulch;
(g) Pacific coral;
(h) river stones;
(i) crushed material mix;
(j) any like substance for use in gardens.
ice cream
includes any form of frozen confection containing:
(a) ice cream; or
(b) flavoured ice; or
(c) fruit-ice; or
(d) water-ice; or
(e) a substitute for ice cream.
individual prepackage error, in relation to a
prepackage, means the difference between the actual quantity of the product in
the prepackage and its nominal quantity.
inspection lot means a definite quantity of
prepackages:
(a) that are produced at one time under
conditions that are presumed uniform; and
(b) from which a sample is drawn and inspected to
provide information for a decision about the conformance of the prepackages as
a whole.
Note An inspection lot is also known as a
batch.
liquid
chemicals includes solvents packed for sale for pharmaceutical,
laboratory or industrial use.
nominal quantity means the quantity of the
product in a prepackage that is declared on the label by the packer.
Note 1 The symbol “Qn” is
used to denote the nominal quantity.
Note 2 The nominal quantity is
declared in accordance with OIML Recommendation 79, Labelling Requirements
for Prepackaged Products (1997).
packing material, in relation to a
prepackage:
(a) means the part of the prepackage that is
meant to be left over after use of the product (including consumption or
subjecting the product to a treatment); but
(b) does not include items that occur naturally
in the product.
Note Packing material is also known as
individual package, tare, packaging or packaging material. It is generally used
to contain, protect, handle, deliver, preserve, transport, inform about and
serve as an aid (e.g., food serving tray) while using the product it contains.
paint:
(a) includes
enamel; but
(b) does not include any of the following:
(i) a two-pack paint;
(ii) artists’ paint;
(iii) 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:
(a) a leg, wing, breast or other part detached
from a poultry carcase; and
(b) any division of a poultry carcase.
prepackage means a combination of a product
and the packing material in which it is prepacked.
prepackaged product means a single item:
(a) that consists of a product and the packing
material into which it was put before being offered for sale; and
(b) that is prepared for presentation to a
consumer:
(i) as a single item, whether the
packing material encloses the product completely or partially; and
(ii) in a way in which the quantity of
the product cannot be altered without opening or perceptibly modifying the
packing material; and
(c) in relation to which the quantity of the
product has a predetermined value.
random sampling, in relation to a prepackage,
means the process of selecting prepackages randomly in conditions in which each
prepackage has the same probability of being included in the sample.
resins includes:
(a) natural resins; and
(b) synthetic resins; and
(c) polymeric materials other than paint.
soap:
(a) excludes each of the following:
(i) liquid soap;
(ii) detergent powder; and
(b) includes each of the following:
(i) bar soap;
(ii) personal medicinal soap tablets;
(iii) personal toilet soap tablets;
(iv) soap flakes;
(v) soap powder other than detergent
powder.
therapeutic
goods means goods for therapeutic use within the meaning of the Therapeutic Goods Act 1989.
tobacco includes
plug tobacco.
tolerable deficiency means the deficiency in
a quantity of product permitted in a prepackage.
Note 1 The symbol “(T)”
is used to denote the tolerable deficiency. The
tolerable deficiencies are specified in the table in subregulation 4.52 (4).
Note 2 The tolerable deficiency is also
known as the tolerable negative error.
Division 4.2 Operation
of Part 4
4.3 Requirements
applicable to inner and outer packages
A requirement in this Part about the marking of a
prepackage applies to:
(a) the immediate
package containing the product; and
(b) any
other package containing that package (whether or not other packages are involved);
unless the provision that imposes the requirement contains
information to the contrary.
4.4 Exemptions
from marking requirements (name, address, measurement)
(1) Divisions 4.3 and 4.4 do not apply to a prepackage
containing a product specified in Schedule 4:
(a) in the circumstances specified in Schedule 4
in relation to the product; or
(b) if no circumstances are specified in Schedule
4 — in all circumstances.
(2) A package is not exempt from the operation of
Divisions 4.3 and 4.4 only because it contains 2 or more packages each of which
would be exempt under subregulation (1) as separate packages.
(3) Despite subregulation (1), if an exempt package has
a name and address or measurement marked on it, the way in which the name and
address or measurement is marked on the package must comply with Divisions 4.3
and 4.4.
(4) It is not to be assumed that a product described in
item 1 under the heading “Textile goods” or in item 4 under the heading
“Hardware goods” in Schedule 4 has been packed for sale by measurement only
because it has been packed for sale:
(a) as a single item; or
(b) as a set (unless the products are identical
automotive parts); or
(c) as a pair, or as one of a pair, if it is a
product that is ordinarily described by pairs, or as one of a pair.
(5) A product is not excluded from the description
“General goods” in Schedule 4 merely because it could be included in another
description of goods in Schedule 4.
4.5 Exemptions
for packages containing paper
(1) This regulation applies to a package containing
paper that:
(a) was packed at the factory at which the paper
was produced; or
(b) is packed in a quantity of more than 5 kg;
or
(c) is packed in a quantity of 500 sheets or
more, and is marked with the number of sheets and the dimensions of each sheet.
(2) Regulations 4.7 and 4.9 do not apply to the package.
(3) The package may be marked with:
(a) the expression “gross mass”; or
(b) another expression that has a similar
meaning.
4.6 Exemptions
for certain inner and outer packages
A requirement of this Part about the marking of a
package other than a prepackaged product does not apply to:
(a) any immediate package ordinarily sold only
in an outer package that is marked in accordance with the requirement; or
(b) any outer package in which the immediate
package is packed only for the purposes of transportation.
Division 4.3 Marking
of name and address
4.7 Marking
of name and address on packages
(1) If a prepackaged product is packed or sold, the
package containing the product must be marked with the name and address of the
person who packed the product or on whose behalf
it was packed.
Note See also regulation 4.6 for
requirements about prepackaged products.
(2) The marking must be:
(a) readily visible and legible; and
(b) appropriate to enable the person to be
identified and located.
(3) The address must be a place in Australia where a
document may be served personally on the
person.
Note A post office box address is not a
place where a document may be served personally.
4.8 Exemption
for packaged seed
(1) Regulation 4.7 does not apply to any of the
following:
(a) public-bred agricultural seed of a prescribed
variety that is packed in a quantity of 10 kg or more;
(b) public-bred agricultural seed that is not
agricultural seed of a prescribed variety that is packed in a quantity of 25 kg
or more;
(c) non-proprietary varieties of horticultural
seed that is packed in a quantity of 25 kg or more.
(2) In subregulation (1):
agricultural seed of a prescribed variety means agricultural seed
for any of the following:
(a) Brachiaria species;
(b) Buffel grass;
(c) Creeping Blue grass;
(d) Gamba grass;
(e) Guinea grass;
(f) Hamil grass;
(g) Indian Blue grass;
(h) Mitchell grass;
(i) Molasses grass;
(j) Rhodes grass;
(k) Veldt grass.
Division 4.4 Marking
of measurement
Subdivision 1 General
requirements for measurement
marking
4.9 Requirement
to mark measurement
(1) If a prepackaged product is packed or sold, the
package containing the product must be marked with a statement of the measurement of the product.
Note See also regulation 4.6 for
requirements about prepackaged products.
(2) The statement must be marked in a way that will be:
(a) clear; and
(b) conspicuous; and
(c) readily seen and easily read when the
product is exposed for sale in the manner
in which it is supposed to be exposed for sale.
4.10 General
position of measurement marking
(1) A measurement marking on a package must be made on the principal display panel.
(2) If there is more than 1 principal display panel, a
measurement marking must be made on at least 2 of the principal display panels.
(3) Subregulations (1) and (2) do not apply to the
packaging for automotive parts.
(4) If the Secretary, by notice published in the Gazette,
specifies 1 or more other acceptable arrangements for the marking of a
kind of package specified in the notice, the package may be marked in accordance
with subregulations (1) and (2) or any of the other arrangements.
4.11 Set-out
and form of measurement marking
(1) The required measurement marking must be:
(a) close to any name or brand of the product to
which it relates; and
(b) marked to be read in the same direction as
any name or brand of the product to which it relates; and
(c) at least 2 mm from the limits of the
package; and
(d) separated by at least 2 mm in all directions
from other graphic matter or copy; and
(e) in a form in which units of measurement
under the metric system are ordinarily written in the English language.
(2) If the measurement is a decimal sub-multiple, the
required measurement marking must also be preceded by a zero or other numeral.
(3) If the package is entirely or substantially
cylindrical, spheroidal, conical or of oval cross-section:
(a) the measurement marking must also be
positioned so that no part of the marking is further than one-sixth of the
circumference of the package from the line that vertically bisects the part of
the package on which the marking is required to be made; and
(b) the circumference of the package is taken to
be the circumference where the measurement marking is made.
4.12 Size
etc of characters in measurement marking
(1) The characters used in a measurement marking must
be:
(a) clear; and
(b) stamped, printed, embossed, marked by an
approved printing device or handwritten.
(2) The characters must:
(a) be stamped or printed in a colour that
provides a distinct contrast with the colour of the background, and be of at
least the minimum height required by the table in subregulation (3); or
(b) be stamped or embossed, and be of at least 3
times the minimum height required by the table in subregulation (3); or
(c) be marked by an approved printing device in
characters at least 3 mm high; or
(d) be legibly handwritten if permitted by
subregulation (5).
(3) For paragraphs (2) (a)
and (b), the table is as follows.
|
Item
|
If the maximum dimension of the package is …
|
the minimum height of the characters is …
|
|
1
|
120 mm or less
|
2.0 mm
|
|
2
|
Over 120 mm but not over 230 mm
|
2.5 mm
|
|
3
|
Over 230 mm but not over 360 mm
|
3.3 mm
|
|
4
|
Over 360 mm
|
4.8 mm
|
(4) In the table in subregulation (3):
(a) if the package is rectangular, the maximum
dimension is the dimension of the greatest of the breadth, height and length of
the package; and
(b) if the package is:
(i) cylindrical; or
(ii) spheroidal; or
(iii) conical; or
(iv) of an oval cross-section; or
(v) otherwise not rectangular;
the maximum dimension is the dimension that
is the greatest of the height, length and maximum diameter of the package; and
(c) the minimum height of a character is the
height for each individual character, including each character in a symbol for
a unit of measurement.
(5) A measurement marking may be handwritten on a
product only if:
(a) the product is packed to be sold on the
premises on which it is packed; or
(b) the package contains cake; or
(c) regulation 4.26 applies to the package; or
(d) the package contains a roll of ribbon, lace
or elastic or another article of haberdashery; or
(e) the Secretary, declares, by notice published
in the Gazette that this subregulation applies to the product, and any
conditions or restrictions specified in the notice are complied with.
4.13 Unit
etc of measurement to be used
(1) Subject to subregulation (2):
(a) the measurement marking of a product that is
ordinarily sold by number must be expressed by reference to number; and
(b) the measurement marking of a product that is
ordinarily sold by linear or superficial measurement must be expressed by
reference to the kind of measurement; and
(c) the measurement marking of a product that is
a liquid must be expressed by reference to volume; and
(d) the measurement marking of a product:
(i) that is solid (including in the
form of powder or flakes), semi-solid or partly solid and partly liquid; and
(ii) to
which paragraph (a) does not apply;
must be expressed by reference to mass.
(2) The measurement marking of a product of a kind described
in an item of Schedule 5 must be expressed by reference to the kind of
measurement specified in the item.
(3) A measurement marking (other than a marking that is
expressed by reference to number) must be expressed in terms of a unit of
measurement that is permitted by Schedule 6.
(4) For subregulation (1), a product sold by number or
linear or superficial measurement is ordinarily
sold if the majority of the merchants selling the product in Australia
ordinarily sell it by a method of number or linear or superficial measurement
that has been approved, in writing, by the Secretary.
4.14 Fractions
and significant figures
(1) If a measurement marking includes a fraction of a
unit of measurement, it must be expressed as a decimal sub-multiple of the unit.
(2) A measurement marking that is a whole multiple or a
sub‑multiple, or a combination of both, must express a degree of accuracy
to not more than 3 significant figures.
4.15 Special
provision — marking by approved printing device
If a measurement marking is made by an approved
printing device:
(a) the measurement marking may express a degree
of accuracy to more than 3 significant figures if the certificate of approval
approves use of the device to measure the degree of accuracy expressed; and
(b) a measurement marking in terms of mass made
by use of the device in accordance with the certificate of approval may be
expressed in terms of grams.
4.16 Marking
by reference to minimum measurement
(1) A marking on a prepackage of the measurement of the
product (whether or not it is for the purposes of these Regulations) must not
be made by reference to minimum measurement unless:
(a) either:
(i) the marking is permitted by
subregulation (2) or (3); or
(ii) the marking is required or
permitted by regulation 4.17 in relation
to eggs; and
(b) the reference to minimum measurement is
marked in the same way as the required measurement marking.
(2) Prepacked dressed poultry (that is not poultry
pieces) may be marked with a measurement
in terms of minimum mass if:
(a) the mass stated is a whole number multiple
of 100 g; and
(b) for poultry that is not cooked poultry, the
package is also marked, in characters not less than 10 mm in height, with a
size number calculated by dividing the stated minimum mass by 100.
(3) Prepacked preserved sausage may be marked with a
measurement in terms of minimum mass.
Subdivision 2 Special
provision for measurement marking of certain products
4.17 Eggs
(1) The measurement marking of a prepackage containing
eggs must be made:
(a) by reference to the number of eggs in the
package; and
(b) by reference to the minimum total mass of all
the eggs in the package.
(2) The measurement marking of a prepackage containing
eggs must not include a marking by reference to the minimum mass of each egg
unless each egg in the package has at least the stated minimum mass.
4.18 Products
packed in sheets
(1) This regulation applies to prepacked aluminium foil,
facial tissues, toilet paper and waxed paper.
(2) The product does not require a measurement marking
on the package if the number of usable sheets of specified dimensions is marked
on the package as if the number and dimensions marked were a measurement
marking.
4.19 Number
of packages comprising 1 tonne
If:
(a) a product is ordinarily sold by mass; and
(b) 45 or fewer packages of the product have a
total mass of 1 tonne;
the measurement marking of the mass of the product may be made on
each package by referring to the number of packages to the tonne in a manner
that implies that the mass of each package is 1 tonne divided by that number.
4.20 Bedsheets,
tarpaulins etc
(1) The measurement marking relating to:
(a) bedsheets that are not designed as fitted or
semi-fitted bedsheets; and
(b) other sheets of hemmed fabric material; and
(c) tarpaulins;
must be expressed in terms of the finished size of the product.
(2) The measurement marking relating to:
(a) a mattress protector; or
(b) a bedsheet designed as a fitted or
semi-fitted bedsheet;
must be expressed in terms of the suitability of its finished size
to fit a mattress of specified dimensions expressed as length × width × depth.
4.21 Pairs
of window curtains
The measurement marking relating to window
curtains that are designed to cross over when hung in pairs must be expressed in
terms of:
(a) the finished size of the maximum width of
each curtain; and
(b) the maximum drop of each curtain.
4.22 Marking
of width or thickness if it directly affects price
If a measurement marking may be made in terms of
the length of a product, the marking must include any measurement of the
product’s thickness, width, or both, that bears a direct relationship to the
product’s price.
Subdivision 3 Special
provision concerning measurement marking of outer packages
4.23 Package
containing packages of products of the same kind and measurement
(1) This regulation applies to 2 or more prepackages of
the same kind, and which appear to have the same measurement, if:
(a) each of them is separately packed in its own
package (an inner package);
and
(b) all of them are also packed together in
another package (the outer package).
(2) The measurement marking on the outer package may:
(a) state the total measurement of all the
products in the outer package; or
(b) state the number of packages in the outer
package, and the measurement of each of them, as if the statement were a
measurement marking.
(3) A measurement marking need not be marked on the
outer package if:
(a) the outer package contains not more than 8
inner packages; and
(b) the inner packages are ordinarily sold only
while they are in the outer package; and
(c) the whole or part of the outer package is
transparent; and
(d) the measurement marking on each of the inner
packages is clearly visible through the packaging of the outer package.
4.24 Inner
and outer packages of single product
(1) This regulation applies to a prepackage that
consists of a product contained in a package (the inner package) that is contained in another
package (the outer package).
(2) A measurement marking need not be marked on the
outer package if:
(a) the inner package is ordinarily sold only
while it is in the outer package; and
(b) the whole or part of the outer package is
transparent; and
(c) the measurement marking on the inner package
is clearly visible through the packaging of the outer package.
4.25 Package
containing products of different kinds or different measurements
(1) This regulation:
(a) applies to a prepackage consisting of a
package (the outer package)
containing at least 2 products of which at
least 1 is a prepackaged product; but
(b) does
not apply if regulation 4.23 applies.
(2) None of the products in the outer package is
required to be marked with a measurement marking if:
(a) all of the products in the outer package are
ordinarily sold only while in the outer package; and
(b) the outer package is marked in the same way
as a measurement marking, with a description of each product in the outer
package and a statement of its measurement.
(3) The provisions of regulation 4.10 relating to the
position of a measurement marking do not apply to a marking mentioned in
paragraph (2) (b) if:
(a) the whole of the outer package is
transparent; and
(b) all of the products in the outer package are
clearly visible through the packaging of the outer package.
Subdivision 4 Other
markings concerning measurement
4.26 Unit
price marking — retail sales of particular foods by mass
(1) This regulation applies to the following packaged
products:
(a) fruit, including fruit pieces but not
including whole fruit that is priced according to number;
(b) dried or dehydrated fruit;
(c) dried or dehydrated mixed fruit;
(d) vegetables, including vegetable pieces but
not including whole vegetables that are priced according to number;
(e) mushrooms;
(f) cheese or cheese products;
(g) dressed poultry that is not marked in terms
of minimum mass in accordance with regulation 4.16;
(h) fish, including crustaceans;
(i) meat;
(j) smallgoods, including bacon, corned beef and
ham.
(2) If the product is sold, the package containing the
product must, in addition to being marked with the measurement of the product,
be marked with its total price and price per kilogram.
(3) However, subregulation (2) does not apply if, for
the sale:
(a) the package is exposed in or on a
receptacle on which or immediately adjacent to which the total price and price
per kilogram of the product is displayed:
(i) in characters at least 10 mm high;
and
(ii) where that price can be readily
seen and easily read; or
(b) the package is exposed in a display of
packages each of which marked:
(i) as containing the same product;
and
(ii) with the same measurement of the
product.
Example of display of packages mentioned in paragraph (b)
A display of packages each marked as containing a particular
kind of cheese and marked with a measurement of 250 g.
(4) The marking on a package required by this regulation
must be made as if it were a measurement marking.
(5) This regulation does not apply to a prepackaged
product if:
(a) it is sold for resale; or
(b) the package containing the product is a rigid
container.
Division 4.5 Prohibited
expressions
4.27 Marking
of “mass when packed”
A prepackage of fresh mushrooms or soap that is
not a hermetically sealed prepackage may be marked:
(a) “mass when packed”; or
(b) with other words that have a similar meaning;
if it is marked in the same way, and as part of, the appropriate
measurement marking.
4.28 Prohibition
on use of “gross mass”
(1) For Subdivision 2-B of Division 2 of Part VI of the
Act:
(a) the expression “gross mass” is a prohibited
expression; and.
(b) an expression that has a similar meaning to
the expression “gross mass” is a prohibited expression.
(2) A package may be marked with the expression only:
(a) if the marking is permitted by a permit
issued by the Secretary in accordance with section 18JX of the Act; or
(b) if:
(i) the package is used only for the
purpose of transporting a product; and
(ii) the expression is immediately
followed by the words “for transport purposes only” and a statement of the
appropriate quantity; and
(iii) immediately below or following
the expression the net mass is marked and designated as such or stated as a net
amount in words that correspond to those used to express the gross amount.
4.29 Prohibited
expressions
(1) For Subdivision 2-B of Division 2 of Part VI of the
Act, any expression that:
(a) is not a marking that is required or
permitted by the Act; and
(b) directly or indirectly relates to, or
qualifies, a measurement marked on the package;
is a prohibited expression.
(2) For Subdivision 2-B of Division 2
of Part VI of the Act, any expression that:
(a) directly or indirectly relates or refers
to:
(i) the measurement of the product; or
(ii) any ingredient or component of the
product; or
(iii) any ingredient or component of
any source from which the product is derived; and
(b) cannot be tested for its truth by testing the
product;
is a prohibited expression.
Division 4.6 Desiccation
4.30 Definitions
for Division 4.6
In this Division:
permissible
actual deficiency
means the deficiency in actual measurement that is permitted for the purposes
of section 18JR of the Act.
permissible
average deficiency
means the deficiency in the average of the actual measurements of a number of
prepackaged products of the same kind that is permitted for the purposes of
section 18JR of the Act.
4.31 Permissible
deficiency — prepacked fresh mushrooms
(1) This regulation applies if a package containing
prepacked fresh mushrooms is, in accordance with regulation 4.27, marked “mass
when packed” or with other words that have a similar meaning.
Permissible actual deficiency
(2) The permissible actual deficiency, if measured on
the day on which the prepacked fresh mushrooms are packed, is a deficiency of
5%.
(3) The permissible actual deficiency, if measured after
the day on which the prepacked fresh mushrooms are packed, is 18%.
Permissible average deficiency
(4) The permissible average deficiency, if measured on
the day on which the prepacked fresh mushrooms are packed, is nil.
(5) The permissible average deficiency, if measured
after the day on which the prepacked fresh mushrooms are packed, is 13%.
4.32 Permissible
deficiency — prepacked soap
(1) This regulation applies if a package containing
prepacked soap is, in accordance with regulation 4.27, marked “mass when
packed” or with other words that have a similar meaning.
Permissible actual deficiency — bar soap
(2) For bar soap — the permissible actual deficiency, if
measured after the day on which the bar soap is packed, is 21%.
Permissible average deficiency — bar soap
(3) For bar soap — the permissible average deficiency,
if measured after the day on which the bar soap is packed, is 16%.
Permissible actual deficiency — personal medicinal soap tablets
(4) For personal medicinal soap tablets — the
permissible actual deficiency, if measured after the day on which the soap
tablets are packed, is 11%.
Permissible average deficiency — personal medicinal soap
tablets
(5) For personal medicinal soap tablets — the
permissible average deficiency, if measured after the day on which the soap
tablets are packed, is 6%.
Permissible actual deficiency — personal toilet soap tablets
(6) For personal toilet soap tablets — the permissible
actual deficiency, if measured after the day on which the soap tablets are
packed, is 11%.
Permissible average deficiency — personal toilet soap tablets
(7) For personal toilet soap tablets — the permissible
average deficiency, if measured after the day on which the soap tablets are
packed, is 6%.
Permissible actual deficiency — soap flakes
(8) For soap flakes — the permissible actual deficiency,
if measured after the day on which the soap flakes is packed, is 10%.
Permissible average deficiency — soap flakes
(9) For soap flakes — the permissible average
deficiency, if measured after the day on which the soap flakes are packed,
is 5%.
Permissible actual deficiency — soap powder other than
detergent powder
(10) For soap powder other than detergent powder — the
permissible actual deficiency, if measured after the day on which the soap
powder is packed, is 15%.
Permissible average deficiency — soap powder other than
detergent powder
(11) For soap powder other than detergent powder — the
permissible average deficiency, if measured after the day on which the soap
powder is packed, is 10%.
Division 4.7 Shortfall
Subdivision 1 Provisions
applying for package lots of 100 or more — the average quantity system
4.33 Definitions
for Subdivision 1
In this Subdivision:
inadequate
package means a package containing a prepackaged product with a
deficiency greater than the tolerable deficiency for the package.
lot of
packages means:
(a) a collection of prepackaged products that
are:
(i) produced or imported at the same
time; and
(ii) available for inspection at the
same time and place; and
(iii) of the same kind, area, length,
mass, volume or number; or
(b) if it is not possible for an inspector to
determine a single production time for prepackaged products — a collection of
prepackaged products that are selected by the inspector for the purposes of
this Subdivision.
tolerable deficiency means the tolerable deficiency worked out under subregulation
4.36 (4).
4.34 AQS
thresholds
For paragraph 20 (1) (q) of the Act, the following
table explains the AQS thresholds for inspection lots for the purposes of
Subdivision 3-C of Division 3 of Part VI of the Act:
|
Item
|
If the inspection lot size is …
|
the sample size is …
|
and the
sample correction factor of
is …
|
and the number of prepackages in a sample allowed to
exceed the tolerable deficiency is …
|
|
1
|
At least 100 and not more than 500 prepackages
|
50 packages
|
0.379
|
3
|
|
2
|
At least 501 and not more than 3 200 prepackages
|
80 packages
|
0.295
|
5
|
|
3
|
At least 3 201 prepackages
|
125 packages
|
0.234
|
7
|
where:
t1-a
is the one-sided significance level of 99.5% derived from a Student’s t
distribution.
Note A Student’s t distribution
is a statistical term.
n is the number of packages in the sample.
4.35 Sampling
procedures
(1) For paragraph 20 (1) (r) of the Act, this regulation
explains AQS sampling procedures for the purposes of Subdivision 3-C of
Division 3 of Part VI of the Act.
(2) A sample must be selected from a lot of packages at
random in accordance with generally accepted statistical sampling practice.
(3) If the sample selected from a lot of packages
produced on a production line is collected from the production line, the size
of the batch from which the sample is collected must be equal to the maximum
hourly output of the production line.
(4) If the sample selected from a lot of packages
produced on a production line with a maximum hourly output of more than 10 000
packages is not collected from the production line, the size of the batch from
which the sample is collected must be equal to the maximum hourly output of the
production line.
(5) If the sample selected from a lot of packages
produced on a production line with a maximum hourly output of not more than 10 000
packages is not collected from the production line, the size of the batch from
which the sample is collected must not be more than 10 000 packages.
4.36 Test
procedures
(1) For paragraph 20 (1) (s) of the Act, this regulation
explains AQS test procedures for the purposes of Subdivision 3-C of Division 3
of Part VI of the Act.
(2) Identify the inspection lot using regulation 4.35.
(3) Determine a sample size that is appropriate for the
inspection lot using column 2 of the table in regulation 4.34.
(4) Determine
the tolerable deficiency (T) appropriate for the nominal quantity
of the prepackages using the following table.
|
Nominal quantity of product
(Qn) in g or mL
|
Tolerable deficiency (T)
a
|
|
Percent of Qn
|
g or mL
|
|
0 to 50
|
9
|
–
|
|
50 to 100
|
–
|
4.5
|
|
100 to 200
|
4.5
|
–
|
|
200 to 300
|
–
|
9
|
|
300 to 500
|
3
|
–
|
|
500 to 1 000
|
–
|
15
|
|
1 000 to 10 000
|
1.5
|
–
|
|
10 000 to 15 000
|
–
|
150
|
|
15 000 to 50 000
|
1
|
–
|
|
a T values are to be
rounded up to the next 1/10 of a g or mL for Qn ≤ 1 000 g or mL
and to the next whole g or mL for Qn
> 1 000 g or mL
|
|
Nominal quantity of product
(Qn) in length
|
Percent of (Qn)
|
|
Qn ≤ 5 m
|
No tolerable deficiency allowed
|
|
Qn > 5 m
|
2
|
|
Nominal quantity of product
(Qn) in area
|
Percent of (Qn)
|
|
All Qn
|
3
|
|
Nominal quantity of product
(Qn) in count
|
Percent of (Qn)
|
|
Qn ≤ 50 items
|
No tolerable deficiency allowed
|
|
Qn > 50 items
|
1 b
|
|
b Compute the value of T by multiplying the nominal
quantity by 1 % and rounding the result up to the next whole number. The
value may be larger than 1 % due to the rounding but this is accepted because
the products are whole items and cannot be divided.
|
(5) Determine the number of prepackages allowed to
exceed the tolerable deficiency using column 5 of the table in regulation 4.34.
(6) For gravimetric determinations:
(a) randomly select an initial tare sample of 10
or more packing materials (for example, from the sample taken from an
inspection lot or from a lot of packing materials at the point-of-pack); and
(b) measure the weight of each packing material.
(7) Determine the average tare weight and the sample
standard deviation of the initial tare sample.
(8) For each sample selected, determine the actual
quantity of the product and subtract from it the nominal quantity (Qn) of
product to calculate the individual prepackage error.
4.37 Weighted
average quantity
The weighted average quantity of the packages in a
sample is worked out using the formula:
x + (s
× c)
where:
x is the sample mean.
s is
the standard deviation of the sample.
c is
the sample correction factor in column 4 of the table in regulation 4.34.
4.38 Test
failure
(1) For paragraph 20 (1) (t) of the Act, this regulation
prescribes circumstances in which a group of prepackages is taken to have
failed testing in accordance with AQS test procedures
(2) A circumstance is that the weighted average quantity
of product in the sample of prepackages is less than the nominal quantity.
(3) A circumstance is that the sample includes more
inadequate prepackages, containing a quantity of product less than Qn – T,
than is permitted in column 5 of the table in regulation 4.34.
Note This is also known as a T1 error.
An inadequate prepackage that is found to contain an actual
quantity less than the nominal quantity minus the tolerable deficiency for the
nominal quantity has a T1 error.
(4) A circumstance is
that 1 or more inadequate prepackages in the sample contains a quantity of
product less than Qn – T2, where T2 is equal to 2*T.
Note 1 This
is also known as a T2 error.
An inadequate prepackage that is found to contain an actual
quantity less than the nominal quantity minus twice the tolerable deficiency
for the nominal quantity has a T2 error.
Note 2 The effect of this
regulation is that an inspection lot:
(a) will be accepted if none of the circumstances exists;
and
(b) will be rejected if 1 or more of the circumstances
exists.
Subdivision 2 Packages
not marked with an AQS Mark
4.39 Sampling
procedures
(1) For paragraph 20 (1) (u) of the Act, this regulation
prescribes a national sampling procedure for packages for the purposes of
Subdivision 4-B of Division 4 of Part VI of the Act.
(2) Each of the packages measured must:
(a) be of the same kind; and
(b) have the same measurement marking; and
(c) be selected by an inspector without having
been measured by an inspector.
4.40 National
group test procedures
(1) For paragraph 20 (1) (v) of the Act, this regulation
prescribes a national group test procedure for prepackages for the purposes of
Subdivision 4-B of Division 4 of Part VI of the Act.
(2) An inspector must determine the quantity of the content
of each sampled prepackage in accordance with the relevant National Instrument
Test Procedure.
Note The latest edition of the National
Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au.
4.41 National
single article test procedures
(1) For paragraph 20 (1) (w) of the Act, this regulation
prescribes a national single article test
procedure for a prepackage for the purposes of Subdivision 4-B of
Division 4 of Part VI of the Act.
(2) An inspector must determine the quantity of the content
of the prepackage.
4.42 National
test thresholds
(1) For paragraph 20 (1) (x) of the Act, this regulation
prescribes national test thresholds for packages for the purposes of
Subdivision 4-B of Division 4 of Part VI of the Act.
(2) The number of like packages sampled must be at least
12.
(3) However:
(a) if fewer than 6 packages have been packed in
a production run, each package must be treated as a single article; and
(b) if more than 6 packages but fewer than 12
packages are available, the number of like packages sampled must be as many as
are available, but at least 6.
(4) If more than 12 packages are available, an inspector
must determine the number to be tested.
4.43 Test
failure circumstances — groups
(1) For paragraph 20 (1) (y) of the Act, this regulation
prescribes circumstances in which a group of packages is taken to have failed
testing in accordance with national group test procedures.
(2) A circumstance is that the average of the actual
quantity contained in the packages sampled is less than the nominal quantity.
(3) A circumstance is that the deficiency of any one of
the sampled packages is greater than 5%.
4.44 Test
failure circumstances — single article
(1) For paragraph 20 (1) (z) of the Act, this regulation
prescribes circumstances in which a package is taken to have failed testing in
accordance with national single article test procedures.
(2) A circumstance is that:
(a) the package is measured; and
(b) the actual quantity is less than the nominal
quantity.
Division 4.8 Miscellaneous
4.45 Measuring
mass of frozen fish
(1) This regulation applies to prepacked frozen fish
that has surface ice on any part of the fish.
(2) For the purposes of the Act, the mass of prepacked
frozen fish in a package must be measured using the following steps:
(a) measure and record the mass of a sieve;
(b) immediately after removing the package from
cold storage, remove the fish from the package and:
(i) if the fish does not exceed the
capacity of the sieve, complete
the steps mentioned in subregulation (3); or
(ii) if the fish exceeds the capacity
of the sieve, complete the steps mentioned in subregulation (4).
(3) If the fish does not exceed the capacity of the
sieve:
(a) put the fish in the sieve and put the sieve
containing the fish in a water bath containing an amount of water at
least 8 times the volume of the fish at a temperature of 25ºC ± 5ºC; and
(b) keep the fish immersed in the water bath
until the surface ice has been removed from the fish; and
(c) remove the sieve containing the fish from
the water bath; and
(d) keep the sieve at an angle of about 20 from
the horizontal for at least 2 minutes but not more than 2 minutes 15 seconds
to allow water to drain from the fish; and
(e) if practicable, remove excess water from the
fish by using a cloth or a paper towel; and
(f) measure and record the combined mass of the
sieve and the fish; and
(g) deduct the recorded mass of the sieve from
the recorded combined mass of the sieve and the fish to find the mass of the
fish.
(4) If the fish exceeds the capacity of the sieve:
(a) divide the fish into lots that do not exceed
the capacity of the sieve in any way that is convenient for complying with this
subregulation; and
(b) for fish in a lot that has surface ice on it,
complete the steps mentioned in paragraphs (3) (a) to (g); and
(c) for fish in a lot that does not have surface
ice on it, directly measure and record the mass of the fish; and
(d) add together the mass of fish recorded under
paragraphs (b) and (c) to find the mass of the fish.
(5) If the fish does not exceed the capacity of the
sieve, the mass of the fish is the mass as worked out under paragraph (3) (g).
(6) If the fish exceeds the capacity of the sieve, the
mass of the fish is the mass as worked out under paragraph (4) (d).
(7) In this regulation:
fish:
(a) means all or part of, or any
number of, or any combination of, any cold-blooded aquatic vertebrate or invertebrate;
and
(b) includes shellfish; and
(c) does not include an amphibian or a reptile.
frozen means
kept in storage at a maximum temperature of 0ºC.
International
Standard means a standard made or published by the International
Organisation for Standardisation, Geneva.
sieve,
for measuring fish from a package, means a circular wirecloth sieve:
(a) with a diameter of:
(i) if the measurement marking on the
package is not more than 500 g — 200 mm; or
(ii) if the measurement marking on the
package is more than 500 g — 300 mm; and
(b) with a mesh aperture size of 2.36 mm; and
(c) that complies with the requirements for
wirecloth sieves in:
(i) Australian Standard AS 1152-1993:
Specification for test sieves; or
(ii) International Standard ISO 3310-1:2000
(E): Test sieves — Technical requirements and testing.
4.46 Application
for permit to sell certain articles
An application for a permit under section 18JX of
the Act for the sale of an article must:
(a) be made to the Secretary in writing signed by
or on behalf of the applicant; and
(b) specify the grounds that are relied on by the
applicant; and
(c) give particulars of the facts justifying
reliance on the grounds.
Part 5 Miscellaneous
5.1 Beer,
spirits etc must be sold by reference to volume
(1) For a sale of each of the
following items, the item must be sold at a price determined by reference to
volume:
(a) beer;
(b) stout;
(c) ale;
(d) brandy (including armagnac and cognac);
(e) gin;
(f) rum;
(g) vodka;
(h) whisky (including whiskey).
(2) In this regulation:
sale
means retail sale.
5.2 Sale of article at price determined by reference to
measurement
(1) Subject to subregulation (3), if
an article is advertised, offered or exposed for sale at a price determined by
reference to measurement, the measurement referred to in the price must be:
(a) if the price of the
article is determined by reference to mass:
(i) 1 kilogram; or
(ii) 1 kilogram, with another reference
to a whole number of kilograms; or
(iii) a whole number of tonnes; or
(iv) for an item that is a precious
metal — 1 gram or 1 troy ounce; or
(b) if the price of the article is determined by
reference to volume:
(i) 1 litre; or
(ii) 1 litre, with another reference to
a whole number of litres; or
(iii) a whole number of cubic metres;
or
(iv) for LPG — the volume of the LPG as
measured by the amount in litres that the LPG occupies, or would occupy, at a
temperature of 15 degrees Celsius at equilibrium vapour pressure; or
(c) if the price of the article is determined
by reference to linear measurement:
(i) 1 centimetre; or
(ii) 1 metre; or
(iii) 1 metre, with another reference
to a whole number of metres; or
(d) if the price of the article is determined by
reference to superficial measurement:
(i) 1 square centimetre; or
(ii) 1 square metre; or
(iii) 1 square metre, with another
reference to a whole number of square metres.
Note 1 An example of a measurement
mentioned in paragraph (a) (ii) is 1 kilogram for $10 and 3 kilograms
for $25.
Note 2 An example of a measurement
mentioned in paragraph (b) (ii) is 1 litre for $10 and 3 litres
for $25.
Note 3 An example of a measurement
mentioned in paragraph (c) (iii) is 1 metre for $10 and 3 metres
for $25.
Note 4 An example of a measurement
mentioned in paragraph (d) (iii) is 1 square metre for $10 and 3 square
metres for $25.
(2) A person who engages in conduct
that contravenes paragraph (1) (a), (b), (c) or (d) commits an
offence.
Penalty: 20 penalty units.
(3) An offence mentioned in subregulation (2) is an offence
of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
(4) Subregulation (1) does not
apply to:
(a) a prepacked article; or
(b) diamonds; or
(c) precious stones; or
(d) a domestic LPG cylinder that
weighs no more than 30 kilograms when filled.
(5) The
length, width, thickness, diameter or other linear measure of each article
mentioned in the following table must be advertised, offered or exposed for
sale by the millimetre, centimetre or metre.
|
Item
|
Article
|
|
1
|
Carpets
|
|
2
|
Ceramic tiles
|
|
3
|
Chain
|
|
4
|
Cord
|
|
5
|
Cordage
|
|
6
|
Electrical cable
|
|
7
|
Electrical flex
|
|
8
|
Floor coverings
|
|
9
|
Hardboard
|
|
10
|
Particle board
|
|
11
|
Plastic mouldings
|
|
12
|
Plywood
|
|
13
|
Resin laminates
|
|
14
|
Rope
|
|
15
|
Rubber materials
|
|
16
|
Rubber mouldings
|
|
17
|
Sheet glass
|
|
18
|
Textile products, not including ready-made clothing
|
|
19
|
Textiles
|
|
20
|
Timber
|
|
21
|
Veneers
|
|
22
|
Wire netting
|
(6) In this regulation:
measurement means:
(a) mass; or
(b) volume; or
(c) linear measurement; or
(d) superficial measurement.
sale means:
(a) retail sale; or
(b) wholesale sale.
5.3 Sale of fuel at price determined by reference to measurement by
volume
(1) Unless regulation 5.4 applies, if a
person advertises, offers or exposes fuel for sale at a price determined by
reference to the volume of the fuel, the volume referred to in the price must be
the volume of the fuel, as measured by the amount in litres that the fuel
occupies, or would occupy, at a temperature of 15 degrees Celsius.
(2) In this Regulation:
fuel means petrol or diesel fuel that a
person would consider, on reasonable grounds, is ultimately intended for
automotive consumption.
(3) A person who engages in conduct that contravenes subregulation (1)
commits an offence.
Penalty: 20 penalty units.
(4) The offence mentioned in subregulation (2) is an
offence of strict liability.
Note For strict liability, see section
6.1 of the Criminal Code.
5.4 Regulation 5.3 does not apply to certain sales of fuel
(1) Regulation 5.3 does not apply to a retail sale
of fuel.
(2) Regulation 5.3 does not apply to a wholesale
sale of fuel, if:
(a) the sale of the fuel takes place immediately
before, or at the same time as, a retail sale of the fuel; and
(b) the volume of the fuel measured for the
wholesale sale is the same as the volume of the fuel measured for the retail
sale.
(3) Regulation 5.3 does not apply to a wholesale sale
of fuel if, before the wholesale sale, the fuel:
(a) is moved, in any way, from a primary storage
facility to a fixed storage facility in another location; and
(b) is unloaded into the fixed storage facility
for either of the following purposes:
(i) further
distribution;
(ii) further sale and distribution; and
(c) for the movement of the fuel mentioned in
paragraph (a), the fuel is measured by reference to the volume of the fuel as
measured by the amount in litres that the fuel occupies, or would occupy, at a
temperature of 15 degrees Celsius.
(4) Regulation 5.3 does not apply to a wholesale
sale of fuel if:
(a) before the wholesale sale, the fuel is
moved, in any way, from a primary storage facility to a fixed storage facility
in another location; and
(b) before the wholesale sale, the fuel is
unloaded into the fixed storage facility for either of the following purposes:
(i) further
distribution;
(ii) further sale and distribution; and
(c) before the wholesale sale and after the fuel
is moved from the primary storage facility, the fuel is not the subject of
another sale.
(5) In this regulation:
business entity means an entity that operates
a business other than a fuel business.
cooperative entity includes an entity that is
a buying group for the members of the entity.
diesel fuel means any fuel commonly known
as:
(a) automotive diesel fuel; or
(b) automotive diesel oil; or
(c) diesel; or
(d) diesel oil; or
(e) distillate.
fixed storage facility means a facility,
other than a primary storage facility:
(a) at which fuel is unloaded for either of the
following purposes:
(i) further distribution;
(ii) further sale and distribution; and
(b) from which fuel is reloaded for either of
the following purposes:
(i) further distribution;
(ii) further sale and distribution.
fuel means petrol or diesel fuel that a
person would consider, on reasonable grounds, is ultimately intended for
automotive consumption.
primary storage facility means:
(a) an oil refinery; or
(b) a shipping facility; or
(c) a facility connected by product transfer
pipeline to an oil refinery or a shipping facility; or
(d) a facility connected by product transfer
pipeline to a facility mentioned in paragraph (c).
retail sale, of fuel, means a sale to any of
the following:
(a) an entity that purchases the fuel to be used
only for its own consumption;
(b) a business entity that purchases the fuel to
be used only for either or both of the following purposes:
(i) its own consumption;
(ii) resale of the fuel to a staff
member or contractor of the business entity for consumption of the staff member
or contractor who purchases the fuel.
(c) a cooperative entity that purchases the fuel
to be used only for resale of the fuel to its members for consumption by the
members who purchase the fuel.
shipping facility means a facility at which
fuel may be supplied by ship.
5.5 Fees
for general applications
For subsection 20 (2)
of the Act, the fee for an application of a kind mentioned in an item of the
following table is the fee specified in the item.
|
Item
|
Application
|
Fee
|
|
1
|
Application to amend a licence to change
the name of the licensee or the licensee’s business (not being an application
to which section 18NJ or 18NI of the Act applies)
|
$125
|
|
2
|
Application to amend a licence to change
the name of a director of the licensee
|
$125
|
|
3
|
Application for supply of a duplicate
copy of a licence
|
$50
|
|
4
|
Application for supply of:
(a) a verification book; or
(b) a non verification book
|
$50 for each book of 50 forms
|
|
5
|
Application to have a criminal history
check conducted for the purposes of an application for a licence
|
$50
|