Trade Measurement (Amendment) Regulations 2002

i Trade Measurement (Amendment) Regulations 2002 S.R. No. 53/2002 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Principal Regulations 2 5. Definition of "glass measure" 2 6. New Division 6 inserted 2 Division 6—Miscellaneous 2 32A. Fraudulent activities of licensee or operator 2 7. Marking of measuring instrument 3 8. Exemption from re-verification and marking 3 9. Owner to provide for labour, electricity, materials etc. 3 10. Measurement of precious stones 3 11. Exemptions from marking requirements 3 12. Definition of "ordinarily sold" 4 13. Revocation of regulation 94 4 14. References to Trade Measurement (Administration) Act 1995 4 15. Amendment to Schedule 4 4 16. Units of measurement of volume 4 17. Certification fees 5 18. Amendments to Schedule 8 5 19. Schedule 9 substituted 5 20. Infringement notice 11 21. Statute law revision 12 ═══════════════ ENDNOTES 13 -- 1 of 14 -- 1 STATUTORY RULES 2002 S.R. No. 53/2002 Trade Measurement Act 1995 Trade Measurement (Administration) Act 1995 Trade Measurement (Amendment) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 25 June 2002 Responsible Minister: MARSHA THOMSON Minister for Small Business HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to amend the Trade Measurement Regulations 1995— (a) to adopt nationally agreed reforms to uniform trade measurement legislation; (b) to prescribe offences in respect of which infringement notices may be issued and their penalties; (c) to make other minor amendments. 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 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 2 3. Commencement These Regulations come into operation on 1 July 2002. 4. Principal Regulations In these Regulations, the Trade Measurement Regulations 1995 1 are called the Principal Regulations. 5. Definition of "glass measure" In regulation 6 of the Principal Regulations, in the definition of "glass measure", for paragraph (b) substitute— "(b) a measure made of glass or other rigid or semi-rigid substance intended for use for the sale of beer, ale, stout or spirits by quantity other than as a pre-packed article;". 6. New Division 6 inserted After regulation 32 of the Principal Regulations insert— "Division 6—Miscellaneous 32A. Fraudulent activities of licensee or operator A licensee or operator of a weighbridge is guilty of an offence if he or she— (a) knowingly permits, assists in, or connives at, a fraud in connection with the measurement of anything by using the weighbridge or the issue of a measurement ticket; or (b) makes, or connives at the making of, a representation known by the licensee or operator to be false with respect to the measurement of anything by means of the weighbridge; or r. 3 -- 3 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 3 (c) knowing of any fraudulent proceeding in connection with the measurement of anything by means of the weighbridge, fails to impart that knowledge to an inspector as soon as practicable. Penalty: 20 penalty units.". 7. Marking of measuring instrument In regulation 33(2) of the Principal Regulations, for "employee of licensee" substitute "employee of a licensee". 8. Exemption from re-verification and marking (1) In the Principal Regulations insert the following heading to regulation 38— "Exemption from re-verification and marking". (2) In regulation 38 of the Principal Regulations omit "and from marking". 9. Owner to provide for labour, electricity, materials etc. In regulation 41(1) of the Principal Regulations, for paragraph (a) substitute— "(a) any labour, materials, electricity, equipment, liquid or gas; or". 10. Measurement of precious stones In regulation 54(c) of the Principal Regulations, for "0⋅1 CM" substitute "0⋅05 CM". 11. Exemptions from marking requirements In regulation 57 of the Principal Regulations, after sub-regulation (2) insert— "(2A) However, if an exempt package has a name and address or measurement marked on it, the way the name and address or measurement is marked on the package must comply with these Regulations.". r. 7 -- 4 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 4 12. Definition of "ordinarily sold" After regulations 67(3) of the Principal Regulations insert— '(4) In this regulation— "ordinarily sold", of an article sold by number or lineal or superficial measurement, means the majority of the merchants selling the article in Australia ordinarily sell it by number or lineal or superficial measurement.'. 13. Revocation of regulation 94 Regulation 94 of the Principal Regulations is revoked. 14. References to Trade Measurement (Administration) Act 1995 In regulations 95, 97 and 98 of the Principal Regulations, for "the Act" (wherever occurring) substitute "the Trade Measurement (Administration) Act 1995". 15. Amendment to Schedule 4 In Schedule 4 to the Principal Regulations, under the heading "Food Goods", in item 1, for "Chaff, maize, oats, potatoes, wheat and other like" substitute "Any". 16. Units of measurement of volume In Schedule 6 to the Principal Regulations, in paragraph (a) of clause 2, for "litre" substitute "litre, decilitre or centilitre". r. 12 -- 5 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 5 17. Certification fees In Schedule 7 to the Principal Regulations— (a) for "Weighbridges and Belt Conveyor Weighers" substitute "Weighing Instruments over 3000 kg and Belt Conveyor Weighers"; (b) for "Measures of volume over 500 L (including farm milk tanks and vehicle tanks)" substitute "Measures of volume over 200 L or 0⋅2 m3 (including farm milk tanks, vehicle tanks and brim measures for flowable solids)". 18. Amendments to Schedule 8 In Schedule 8 to the Principal Regulations— (a) omit "other than a farm milk tank"; (b) omit "Examination and testing of any farm milk tank is $8.70 for each 100 litres or part thereof". 19. Schedule 9 substituted For Schedule 9 to the Principal Regulations substitute— "SCHEDULE 9 PRESCRIBED OFFENCES AND PENALTIES (Regulation 97) Item No. Offence Penalty units Offences under the Trade Measurement Act 1995 1. Section 7(1)—use for trade an unmarked weighbridge or other unmarked measuring instrument 5 r. 17 -- 6 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 6 Item No. Offence Penalty units 2. Section 7(2)—use for trade a weighbridge not complying with the requirements of the relevant regulations 5 3. Section 7A—use for trade a class 4 measuring instrument being a weighbridge other than for a prescribed purpose 5 4. Section 7A—use for trade a class 4 measuring instrument not being a weighbridge other than for a prescribed purpose 2 5. Section 7B—use a measuring instrument for measuring pre-packed articles without having at least 1 approved, compliant and suitable measuring instrument on the packing premises 2 6. Section 8(1)—use for trade an incorrect measuring instrument 5 7. Section 8(2)—use for trade a measuring instrument in a manner that is unjust 5 8. Section 9(2)—sell, lease, hire or lend a measuring instrument that is unacceptable for trade use to a person who uses it for trade 5 9. Section 18(2)—fail to obliterate any inspector's or licensee's mark that a measuring instrument bears when doing anything to the measuring instrument that affects its metrological performance 5 10. Section 22(3)—fail to meet certain requirements when an article is sold by measurement 2 r. 19 -- 7 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 7 Item No. Offence Penalty units 11. Section 23—directly or indirectly mislead the other party to the sale as to the measurement or calculation of price, or incorrectly compute (by reference to measurement) the price paid or required to be paid when operating a measuring instrument 5 12. Section 24—fail to inform the purchaser that the quantity of an article is less than that stated in the offer to purchase before completion of the sale 5 13. Section 28(1)—pack a pre-packed article— (a) without the package being marked with the name and address of the packer; or (b) without the package being marked with a statement of the measurement of the article— in contravention of regulation 61(1) or 63(1) 2 14. Section 28(2)—sell a pre-packed article— (a) without the package being marked with the name and address of the packer; or (b) without the package being marked with a statement of the measurement of the article— in contravention of regulation 61(1) or 63(1) 2 r. 19 -- 8 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 8 Item No. Offence Penalty units 15. Section 31(1)—sell a pre-packed article at a specified price for each unit of measurement where the price of the pre-packed article exceeds the price correctly computed by reference to the measurement of the article without any packaging or other thing that is not part of the article and the stated price for each unit of measurement 5 16. Section 32(1)(a)—pack a pre-packed article where the actual measurement of the quantity of the pre-packed article is less than the measurement or minimum measurement marked on the package 5 17. Section 32(1)(b)—sell a pre-packed article where the actual measurement of the quantity of the pre-packed article is less than the measurement or minimum measurement marked on the package 5 18. Section 42(1)—test a batch of measuring instruments or certify or purport to certify a measuring instrument unless the person is the holder of a servicing licence or an employee of a holder of a servicing licence 5 19. Section 43(1)—make a weighbridge available as a public weighbridge unless the person— (a) is the holder, or employee of the holder, of a public weighbridge licence; and (b) does so in accordance with conditions of the licence and requirements of the Act 5 r. 19 -- 9 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 9 Item No. Offence Penalty units 20. Section 65(b)—fail to produce for examination and testing any measuring instrument in that person's possession or control when required to do so by an inspector 5 Offences under the Trade Measurement Regulations 1995 21. Regulation 11(b)—use for trade a weighbridge the approaches of which are not constructed of a material that is hard, true and durable 2 22. Regulation 13(e)—use for trade a weighbridge the pit of which is— (a) not free draining or provided with automatic mechanical drainage; and (b) not kept free of any accumulation of water, mud and debris 2 23. Regulation 16(b)—use for trade a multi-platform weighbridge, the platforms of which interfere with each other so as to affect its operation 2 24. Regulation 22—being a licensee, fail to return a cancelled certificate of suitability to the licensing authority within 7 days after the cancellation 1 25. Regulation 27(a)—make available for use a weighbridge that is not truly balanced, whose platform is not clean, or the space between the frame and the platforms is not free from obstructions 2 26. Regulation 32(1)—use for trade a weighbridge to determine an end- and-end measurement otherwise than in accordance with regulation 32(2) 2 r. 19 -- 10 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 10 Item No. Offence Penalty units 27. Regulation 48(2)—being a licensee, fail to lodge in accordance with regulation 48(1) 2 28. Regulation 51(1)(e)—use for trade (otherwise than for factory use or non-retail counter use) a measuring instrument with a tare bar 1 29. Regulation 51(1)(f)—use for trade a measuring instrument to determine a mass greater than the mass permitted by the approved pattern for the instrument 1 30. Regulation 51(3)(a)—use for trade a measuring instrument fitted with a load receptor, there being more than one such instrument on the premises and the receptor is not marked to identify it with the instrument on which it is used 1 31. Regulation 51(3)(b)—use for trade a measuring instrument fitted with a load receptor that is removable and measures incorrectly in any position on its supports 1 32. Regulation 51(3)(c)—use for trade a measuring instrument fitted with a load receptor any latitude of movement of which causes it to foul any part of the instrument 1 33. Regulation 51(3)(d)—use for trade a measuring instrument fitted with a load receptor that is in the form of a scoop so mounted that a purchaser cannot readily see whether there is any foreign matter in it 1 34. Regulation 52(a)—subdivide the scale spacing on a measuring instrument after an inspector's or licensee's mark has been marked on the instrument 1 r. 19 -- 11 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 11 Item No. Offence Penalty units 35. Regulation 52(b)—use for trade a measuring instrument whose scale spacing has been subdivided after an inspector's or a licensee's mark has been marked on the instrument 1 36. Regulation 54—use for trade a weighing instrument to measure diamonds or other precious stones that does not comply with the requirements of regulation 54 2 37. Regulation 93(2)—advertise, offer or expose an article for sale at a price determined by a measurement that is not a prescribed measurement 1 38. Regulation 95(2)—being a licensee, fail to pay the administering authority a fee in respect of the certification of a measuring instrument within the prescribed period 2 ". 20. Infringement notice In Schedule 10 of the Principal Regulations— (a) for "Details of person or person" substitute "Details of person or persons"; (b) for "Non-Negotiable" substitute "Not- Negotiable"; (c) for "payable to Trade Measurement Victoria" substitute "payable to the Government of Victoria"; r. 20 -- 12 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 12 (d) for— "Department of Business & Employment 4th Level 55 Collins Street" substitute— "Department of Innovation, Industry and Regional Development Level 2 136 Exhibition Street". 21. Statute law revision (1) In regulations 12(2), 12(3), 19(1)(b), 20(2), 21(4), 26(4), 26(5), 30(2), 32(1), 32(2), 40(1), 40(2), 40(3), 41(3), 48(2), 57(2), 65(2), 65(3), 66(1)(b), 66(1)(c), 66(1)(e), 66(3)(d), 67(1), 79(3), 80(2)(a) and 93(2)(d) of the Principal Regulations, for "clause" substitute "sub-regulation". (2) In regulation 64(2) of the Principal Regulations, for "Clause" substitute "Sub-regulation". (3) In regulation 32(2)(a)(ii) of the Principal Regulations, for "subparagraph" substitute "sub-paragraph". (4) In regulation 47 of the Principal Regulations, for "48 & 49" substitute "48 and 49". ═══════════════ r. 21 -- 13 of 14 -- S.R. No. 53/2002 Trade Measurement (Amendment) Regulations 2002 13 ENDNOTES 1 Reg. 3: S.R. No. 194/1995. Endnotes -- 14 of 14 --