NATIONAL MEASUREMENT ACT 1960 - NOTES

NATIONAL MEASUREMENT ACT 1960 - NOTES

No. 64, 1960

Compilation No. 21

Compilation date: 20 March 2024

Includes amendments: Act No. 74, 2023

Registered: 3 April 2024

About this compilation

This compilation

This is a compilation of the National Measurement Act 1960 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I--Preliminary

1 Short title

3 Interpretation

3A Meaning of made available as a public weighbridge

4 Objects and application of Act

4A Application of Act--utility meters used for trade

4B Application of trade measurement provisions

5 Act to bind the Crown

6 Extension of Act to Territories

6A Application of the Criminal Code

Part II--Units and standards of measurement

7 Australian legal units of measurement

7A Regulations may prescribe Australian legal units of measurement etc.

7B Guidelines

8 Australian standards of measurement

8AA Co-ordinated Universal Time

8A Recognized-value standards of measurement

9 Verification of State primary standards of measurement

10 Measurements to be ascertained in accordance with appropriate standards of measurement, Australian certified reference materials or certified measuring instruments

11 Conversion factors

12 Trade contracts etc. to be expressed in Australian legal units of measurement

12A Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement

13 Contracts etc. relating to exportation or importation of goods

13A Futures contracts and contracts etc. relating to futures contracts

14 References in laws to units of measurement

Part III--National Measurement Institute and Chief Metrologist

16 Overview of Part

17 National Measurement Institute

18 Metrological functions

18A Chief Metrologist

18B Acting Chief Metrologist

18C Delegation by the Secretary

18D Delegation by the Chief Metrologist

Part IV--Using measuring instruments for trade

Division 1--Overview of Part

18G Overview

Division 2--Requirements for use of measuring instruments for trade

18GA Measuring instruments used for trade to be verified

18GB Installing measuring instruments not of an approved pattern

18GC Supplying measuring instruments not of an approved pattern

18GCA Letting for hire or loaning unverified measuring instruments

18GD Inaccurate use of measuring instruments

18GE Using or supplying inaccurate measuring instruments

Division 3--Verification of measuring instruments

18GF Overview

18GG Meaning of verification

18GH Who is permitted to verify measuring instruments other than utility meters?

18GI Who is permitted to verify utility meters?

18GJ Register of verification marks

18GK Requirements for verification

18GL Standards of measurements to be used for verification

18GM Using a verification mark when not permitted to do so

18GN Sale or supply of measuring instrument marked by someone not permitted to do so

18GO Misleading marks

18GP Wrongful possession of an instrument for making a verification mark

18GPA Obligation to obliterate verification mark--person who adjusts or repairs measuring instrument

18GQ Obligation to obliterate verification mark--person who causes adjustment or repair of measuring instrument

18GR Measuring instrument taken not to have failed test procedures in certain circumstances

Part V--General provisions on using measurement in trade

18H Overview

18HA When is an article packed in advance ready for sale?

18HB Certain articles must be sold by measurement--articles packed in advance ready for sale

18HC Certain articles must be sold by measurement--other articles

18HD Transactions based on measurement to be in prescribed units of measurement

18HE Measuring instruments used in transactions to have prescribed scale intervals

18HF Unreliable methods of measurement

18HG Limiting use of certain measuring instruments

18HH Measuring instruments and methods of measurement used in monitoring compliance with the Act

18HI Articles sold by measurement to be sold by net measurement

Part VI--Articles packed in advance ready for sale

Division 1--Overview of Part

18J Overview

Division 2--Marking packed articles

Subdivision 2-A--Required package information

18JA Package must be marked with required package information--packer

18JB Package must be marked with required package information--importer

18JC Package must be marked with required package information--seller

18JD Package must be marked with required package information--possession, offer or exposure for sale

18JE Package must be marked in prescribed manner

Subdivision 2-B--Prohibited expressions

18JF Using prohibited expressions--packer

18JG Using prohibited expressions--seller

18JH Using prohibited expressions--possession, offer or exposure for sale

Subdivision 2-C--Notices to remedy

18JHA Trade measurement inspector may give notice to remedy

Division 3--Average Quantity System for packed articles

Subdivision 3-A--Preliminary

18JI Overview of Division

Subdivision 3-B--AQS marks

18JJ What is an AQS mark?

18JK AQS mark must be used in accordance with regulations

18JL Using misleading marks

18JLA Trade measurement inspector may give notice to remedy

Subdivision 3-C--Shortfall

18JM Shortfall offence--packer

18JN Shortfall offence--importer

18JO Shortfall offence--possession, offer or exposure for sale

18JP Shortfall offence--sale

Division 4--Packed articles not marked with AQS mark

Subdivision 4-A--Overview of Division

18JQ Overview

Subdivision 4-B--Shortfall offences

18JR When is there a shortfall in the measurement of a packed article?

18JS Shortfall offence--packer

18JT Shortfall offence--importer

18JU Shortfall offence--possession, offer or exposure for sale

18JV Shortfall offence--seller

Division 5--Permits

18JW Overview

18JX Permits for certain packed articles

18JY Register of permits

18JZ Evidentiary certificate

Part VII--Other articles

18K Overview

18KA Requirements if purchaser present when measurement made

18KB Requirements if purchaser not present when measurement made

18KC Articles sold by measurement--price of packaging

18KD Shortfall offence--sale

Part VIII--Enforcement of Parts IV to VII

Division 1--Overview

18L Overview

Division 2--Evidentiary matters

18LA Evidentiary certificate--shortfall offences

18LB Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence

18LC Person giving certificate may be called to give evidence

18LD Evidence in support or rebuttal of matters in certificate to be considered on its merits

18LE Evidence--matters relating to packing

Division 3--Infringement notices

18LF When an infringement notice can be given

18LG Matters to be included in an infringement notice

18LH Amount of penalty

18LI Withdrawal of an infringement notice

18LJ What happens if the penalty is paid

18LK Effect of this Division on criminal proceedings

Division 4--Additional enforcement options

18LL Overview

18LM Accepting undertakings

18LN Enforcing undertakings

18LO Injunctions

18LP Secretary may publicise offences

18LQ Affected contracts etc. voidable

Part IX--Trade measurement inspectors

Division 1--Overview of Part

18M Overview

Division 2--Appointment of trade measurement inspectors and identity cards

18MA Appointment of trade measurement inspectors

18MB Identity card

18MC Evidentiary certificate--appointment and class of trade measurement inspector

Division 3--Powers of trade measurement inspectors

18MD Overview

18MDA Powers of trade measurement inspectors in public areas of business premises

18ME Monitoring powers

18MF Collecting evidential material

18MG General powers of trade measurement inspectors

18MH Trade measurement inspector may request persons to answer questions or produce documents

18MI English translation of book, record or document requested by a trade measurement inspector

18MIA Trade measurement inspector may give directions to controllers of business vehicles etc.

18MJ Power to give directions in relation to re-verification

18MK Power to verify measuring instruments on request

18ML Evidentiary certificate--examination and calibration under section 18MK

18MM Trade measurement inspector must obliterate verification mark

18MMA Notices to remedy

Division 4--Obligations of trade measurement inspectors

18MN Trade measurement inspector must produce identity card on request

18MO Details of warrant to be given to controller etc.

18MP Consent to enter residential premises

18MQ Announcement on entry or inspection

18MR Compensation for damage to electronic equipment

18MS Copies of seized things to be provided

18MT Receipts for things seized

18MU Retention of seized things

18MV Magistrate may permit a thing to be retained

Division 5--Controller's rights and responsibilities

18MW Controller entitled to be present during search

18MX Controller must provide trade measurement inspector with facilities and assistance

Division 6--Warrants

18MY Overview

18MZ Monitoring warrants

18MZA Warrants relating to the collection of evidential material

18MZB Urgent warrant for the collection of evidential material

18MZC Powers conferred on magistrates in their personal capacity

18MZD Immunity of magistrates

Part X--Servicing licensees

18N Overview

18NA Application for a servicing licence

18NB Granting a servicing licence

18NC Circumstances in which servicing licence must be refused

18ND Where the applicant is a body corporate

18NE Where the applicant is a partnership

18NF Register of servicing licences

18NG Conditions may be imposed on servicing licences

18NH Conditions on all servicing licences

18NI Application to amend a condition of a servicing licence

18NJ Application to change servicing licensee due to change of partnership

18NK Application for renewal of servicing licence

18NL Renewal of servicing licence

18NM Surrender and transfer of servicing licence

18NN Order preventing employment of certain persons

18NO Offence--breaching a condition of a servicing licence

Part XI--Public weighbridges

Division 1--Public weighbridge licences

18P Overview

18PA Application for a public weighbridge licence

18PB Granting a public weighbridge licence

18PC Circumstances in which public weighbridge licence must be refused

18PD Where the applicant is a body corporate

18PE Where the applicant is a partnership

18PF Register of public weighbridge licences

18PG Conditions may be imposed on public weighbridge licences

18PH Conditions on all public weighbridge licences

18PI Application to amend a condition of a public weighbridge licence

18PJ Application to change public weighbridge licensee due to change of partnership

18PK Application to contract out the operation of the public weighbridge

18PL Application for renewal of public weighbridge licence

18PM Renewal of public weighbridge licence

18PN Surrender and transfer of public weighbridge licence

18PO Effect of relocation of licensed public weighbridge

18PP If weighbridge no longer suitable for use as public weighbridge

18PQ Order preventing employment of certain persons

18PR Order preventing contract with certain person to operate public weighbridge

18PS Order preventing employee of a public weighbridge contractor from operating public weighbridge

Division 2--Offences in relation to public weighbridges

18PT Offence--making a weighbridge available as a public weighbridge when not licensed etc.

18PU Offence--breaching a condition of a public weighbridge licence

Part XII--Disciplinary action against servicing licensees and public weighbridge licensees

18Q Overview

18QA Grounds for disciplinary action

18QB Notice to licensee of grounds for disciplinary action

18QC Taking disciplinary action

18QD Accepting undertakings

18QE Enforcing undertakings

18QF Secretary may publicise grounds on which disciplinary action taken, etc.

Part XIII--Utility meter verifiers

Division 1--Appointment of utility meter verifiers on application

18R Applying to be a utility meter verifier

18RA Appointment of utility meter verifiers

18RB Conditions on appointment of utility meter verifiers

18RC Secretary must allocate utility meter verifier's mark

18RCA NATA accredited verifiers

Division 2--Disciplinary action against utility meter verifiers appointed on application

18RD Notice to utility meter verifier of intention to take disciplinary action

18RE Secretary may seek further information

18RF Secretary must consider utility meter verifier's submission and information in making a decision under section  18RG

18RG Taking of disciplinary action against a utility meter verifier

Division 3--Appointing Commonwealth or State officials etc. as utility meter verifiers

18RH Appointment of Commonwealth or State officials etc. as utility meter verifiers

18RI Secretary must allocate verification marks to utility meter verifiers appointed under section  18RH

Part XIV--Miscellaneous

19 Maintaining of standards of measurement etc. before regulations prescribing units take effect

19A Patterns of instruments

19AAA Tolerances

19AAB Measuring instrument--accordance with pattern

19B Offences

19C Offences committed by employees--liability of employee

19D Offences committed by employees--liability of employer

19E Offences committed by agents--liability of agent

19F Offences committed by agents--liability of principal

19H Protected information

19J Review by Administrative Appeals Tribunal of decisions under this Act

19K Jurisdiction of the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division  2)

19L Fees recoverable as a debt due to the Commonwealth

19M Rights may be amended, suspended or cancelled etc.

19N Compensation for acquisition of property

19P Evidentiary matters--signature of Secretary or trade measurement inspector

19Q Chief Metrologist may determine matters

20 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

(a) The National Measurement Act 1960 was amended by section  3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsections  2(1) and (30) of which provide as follows:

 (1) Subject to this section, this Act shall come into operation on the twenty -eighth day after the day on which it receives the Royal Assent.

 (30) The amendment of subsection  3(3) of the National Measurement Act 1960 made by this Act shall be deemed to have come into operation immediately after the commencement of the Weights and Measures (National Standards) Amendment Act 1984.

 The Weights and Measures (National Standards) Amendment Act 1984 came into operation on 7  September 1984 (see Gazette 1984, No. S353).

(b) The National Measurement Act 1960 was amended by section  3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection  2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c) The National Measurement Act 1960 was amended by section  3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsections 2(1) and (25) of which provide as follows:

 (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

 (25) The following amendments of the National Measurement Act 1960 made by this Act shall come into operation on 1 January 1988:

 (a) the insertion of the definition of interest in land in subsection 3(1);

 (b) the amendment of section  12;

 (c) the insertion of section  12A.

(d) The National Measurement Act 1960 was amended by Schedule  4 (items 104 and 105) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

 (1) Subject to subsections  (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(e) The National Measurement Act 1960 was amended by Schedule  1 (item 21) only of the Industry, Science and Tourism Legislation Amendment Act 1997, subsection  2(1) of which provides as follows:

 (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Endnote 4--Amendment history