Trade Measurement Amendment Regulations 2009

i Trade Measurement Amendment Regulations 2009 S.R. No. 71/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Regulation 88 substituted 2 88 Measuring mass of frozen fish 2 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2009 S.R. No. 71/2009 Trade Measurement Act 1995 Trade Measurement (Administration) Act 1995 Trade Measurement Amendment Regulations 2009 The Governor in Council makes the following Regulations: Dated: 23 June 2009 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs DANIELLE KIDD Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Trade Measurement Regulations 2007 to adopt nationally agreed reforms to the model Uniform Trade Measurement Legislation for pre-packed frozen fish. 2 Authorising provisions These Regulations are made under section 80 of the Trade Measurement Act 1995 and section 25 of the Trade Measurement (Administration) Act 1995. -- 2 of 7 -- S.R. No. 71/2009 Trade Measurement Amendment Regulations 2009 2 3 Regulation 88 substituted For regulation 88 of the Trade Measurement Regulations 2007 1 substitute— "88 Measuring mass of frozen fish (1) This regulation applies to pre-packed frozen fish that has surface ice on any part of the fish. (2) For the purposes of the Act, the mass of pre-packed 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 25o C ± 5o C; and (b) keep the fish immersed in the water bath until the surface ice has been removed from the fish; and r. 3 -- 3 of 7 -- S.R. No. 71/2009 Trade Measurement Amendment Regulations 2009 3 (c) remove the sieve containing the fish from the water bath; and (d) keep the sieve at an angle of about 20 o 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 subregulation (3); 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. r. 3 -- 4 of 7 -- S.R. No. 71/2009 Trade Measurement Amendment Regulations 2009 4 (5) The mass of the fish is— (a) if the fish does not exceed the capacity of the sieve, the mass of the fish as worked out under subregulation (3)(g); or (b) if the fish exceeds the capacity of the sieve, the mass of fish as worked out under subregulation (4)(d). (6) In this regulation— fish means all or part of, or any number of, or any combination of, any cold- blooded aquatic vertebrate or invertebrate, including shellfish but not an amphibian or a reptile; frozen means kept in storage at a maximum temperature of 0o C; International Standard means a standard made or published by the International Organization for Standardization, 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 500g, 200 mm; or (ii) if the measurement marking on the package is more than 500g, 300 mm; and (b) with a mesh aperture size of 2⋅36 mm; and r. 3 -- 5 of 7 -- S.R. No. 71/2009 Trade Measurement Amendment Regulations 2009 5 (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.". ═══════════════ r. 3 -- 6 of 7 -- S.R. No. 71/2009 Trade Measurement Amendment Regulations 2009 6 ENDNOTES 1 Reg. 3: S.R. No. 48/2007 as amended by S.R. Nos 38/2008 and 142/2008. —— The following table of applied, adopted or incorporated matter is included in in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 3 which substituted new regulation 88(6) of the Trade Measurement Regulations 2007, definition of sieve Australian Standard AS 1152-1993: Specification for test sieves. Second edition 1993. The whole Regulation 3 which substituted new regulation 88(6) of the Trade Measurement Regulations 2007, definition of sieve International Standard ISO 3310-1:2000 (E):Test sieves—technical requirements and testing, Fourth edition 2000, as amended by Technical Corrigendum 1, published 2004. The whole Endnotes -- 7 of 7 --