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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Trade Measurement (Repeal) Bill 2009
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Repeals
4 Repeal of Acts 4
Part 3 Transitional provisions
5 Penalty notices 5
6 Disciplinary action 5
7 Reviews 5
8 Seized measuring instruments, records, articles and
other things 6
9 Unpaid fees 6
b2009-131-16.d10
Trade Measurement (Repeal) Bill 2009
Contents
Page
10 Search warrants 7
11 Application of repealed Acts 7
12 References to repealed Acts 8
Part 4 Miscellaneous
13 Provision of register and other information 9
14 Relationship to section 30 of Interpretation Act 1987 9
15 Regulations 9
16 Repeal of Act 10
Schedule 1 Amendment of Acts and instruments 11
Contents page 2
New South Wales
Trade Measurement (Repeal) Bill 2009
No , 2009
A Bill for
An Act to repeal the Trade Measurement Act 1989 and the Trade Measurement
Administration Act 1989 as a consequence of the transfer of trade measurement
responsibilities to the Commonwealth; and to make provision for transitional and
consequential matters.
Clause 1 Trade Measurement (Repeal) Bill 2009
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Trade Measurement (Repeal) Act 2009. 4
2 Commencement 5
(1) Subject to subsection (2), this Act commences on a day to be appointed 6
by proclamation. 7
(2) Sections 1, 2, 13 and 15 and Schedule 1.1 commence on the date of 8
assent to this Act. 9
3 Definitions 10
(1) In this Act: 11
administering authority has the same meaning as it had in the Trade 12
Measurement Act 1989 (as in force immediately before the 13
commencement date). 14
commencement date means the date of commencement of this Act 15
(except sections 1, 2, 13 and 15 and Schedule 1.1). 16
Commonwealth trade measurement law means the National 17
Measurement Act 1960 of the Commonwealth or any regulations made 18
under that Act. 19
continuing matter means: 20
(a) a penalty notice offence in respect of which a penalty notice is 21
issued in accordance with section 5, or 22
(b) disciplinary action taken in accordance with section 6, or 23
(c) a review carried out, or an application for a review made, in 24
accordance with section 7, or 25
(d) a seized measuring instrument, record, article or other thing to 26
which section 8 applies, or 27
(e) a fee or charge to which section 9 applies, or 28
(f) a search warrant in respect of which an application is made, or 29
that is issued, in accordance with section 10, or 30
(g) any thing done, or omitted to be done, under the Trade 31
Measurement Act 1989 or the Trade Measurement 32
Administration Act 1989 in relation to a matter mentioned in 33
paragraph (a), (b), (c), (d), (e) or (f). 34
Page 2
Trade Measurement (Repeal) Bill 2009 Clause 3
Preliminary Part 1
inspector has the same meaning as it had in the Trade Measurement 1
Administration Act 1989 (as in force immediately before the 2
commencement date). 3
licensee means a person who held a licence in force under Part VI of the 4
Trade Measurement Act 1989 before the commencement date. 5
licensing authority has the same meaning as it had in the Trade 6
Measurement Act 1989 (as in force immediately before the 7
commencement date). 8
National Measurement Institute means the National Measurement 9
Institute established under section 17 of the Commonwealth trade 10
measurement law. 11
(2) Notes included in this Act do not form part of this Act. 12
Page 3
Clause 4 Trade Measurement (Repeal) Bill 2009
Part 2 Repeals
Part 2 Repeals 1
4 Repeal of Acts 2
The Trade Measurement Act 1989 and the Trade Measurement 3
Administration Act 1989 are repealed. 4
Page 4
Trade Measurement (Repeal) Bill 2009 Clause 5
Transitional provisions Part 3
Part 3 Transitional provisions 1
5 Penalty notices 2
(1) A penalty notice may be issued and served on a person in relation to a 3
penalty notice offence after the commencement date if: 4
(a) the person is alleged to have committed the penalty notice 5
offence before the commencement date, and 6
(b) a penalty notice had not been served immediately before the 7
commencement date. 8
(2) In this section: 9
penalty notice offence means an offence prescribed as a penalty notice 10
offence by the regulations under the Trade Measurement 11
Administration Act 1989 immediately before the commencement date. 12
6 Disciplinary action 13
(1) The licensing authority may take disciplinary action against a licensee 14
after the commencement date if: 15
(a) the licensing authority served a written notice on the licensee in 16
accordance with section 57 of the Trade Measurement Act 1989 17
before the commencement date, and 18
(b) the licensing authority had not taken disciplinary action, or had 19
decided not to take disciplinary action, against the licensee as at 20
the commencement date. 21
(2) In this section: 22
disciplinary action means disciplinary action under section 58 of the 23
Trade Measurement Act 1989 (as in force immediately before the 24
commencement date). 25
7 Reviews 26
(1) A person may apply to the Administrative Decisions Tribunal for the 27
review of a decision of a licensing authority after the commencement 28
date if: 29
(a) the person could have applied for the review of the decision under 30
section 59 of the Trade Measurement Act 1989 immediately 31
before the commencement date, and 32
(b) the person had not made such an application. 33
(2) The Administrative Decisions Tribunal may review a decision on the 34
application of a person under subsection (1) and may determine the 35
application in accordance with section 20 of the Trade Measurement 36
Page 5
Clause 8 Trade Measurement (Repeal) Bill 2009
Part 3 Transitional provisions
Administration Act 1989 (as in force immediately before the 1
commencement date). 2
(3) The Administrative Decisions Tribunal may continue to review a 3
decision of the licensing authority after the commencement date and 4
may determine an application for review in accordance with section 20 5
of the Trade Measurement Administration Act 1989 (as in force 6
immediately before the commencement date) if: 7
(a) the application for the review under section 59 of the Trade 8
Measurement Act 1989 was made before the commencement 9
date, and 10
(b) the review had not been finally determined immediately before 11
the commencement date. 12
8 Seized measuring instruments, records, articles and other things 13
(1) This section applies if, before the commencement date, an inspector 14
seized: 15
(a) a measuring instrument, or records concerning a measuring 16
instrument or its use, under section 61 of the Trade Measurement 17
Act 1989, or 18
(b) an article, a sample of an article, a package containing an article, 19
or records concerning any such article or package, under section 20
62 of the Trade Measurement Act 1989. 21
(2) Subject to subsection (3), the inspector may deal with the seized thing 22
after the commencement date as if the Trade Measurement Act 1989 23
had not been repealed. 24
(3) The National Measurement Institute may inspect a seized thing for the 25
purposes of the administration or enforcement of the Commonwealth 26
trade measurement law. 27
9 Unpaid fees 28
(1) A fee or charge that is payable under Part 3 of the Trade Measurement 29
Administration Act 1989 (or the regulations under that Part) 30
immediately before the commencement date, and that remains unpaid, 31
continues to be recoverable as a debt due to the Crown. 32
(2) A charge that would have been payable by a licensee under section 11 33
of the Trade Measurement Administration Act 1989 (and the regulations 34
under that section) after the commencement date in respect of a period 35
that ended on or before the commencement date continues to be payable 36
and is recoverable as a debt due to the Crown. Any information required 37
by the administering authority in relation to the calculation of any such 38
charge must be provided by the licensee within 21 days of the end of the 39
relevant period. 40
Page 6
Trade Measurement (Repeal) Bill 2009 Clause 10
Transitional provisions Part 3
10 Search warrants 1
(1) An inspector may apply to an authorised officer for the issue of a search 2
warrant, and the authorised officer may issue a search warrant, after the 3
commencement date if: 4
(a) the inspector believes on reasonable grounds that a provision of 5
the Trade Measurement Act 1989 or the Trade Measurement 6
Administration Act 1989 or of the regulations under either of 7
those Acts had been contravened in or on a part of any premises 8
before the commencement date, and 9
(b) a search warrant had not been issued as at the commencement 10
date in relation to those premises based on the inspector's belief. 11
(2) Division 4 of Part 5 of the Law Enforcement (Powers and 12
Responsibilities) Act 2002 applies to a search warrant under this section. 13
(3) In this section: 14
authorised officer has the same meaning as it has in the Law 15
Enforcement (Powers and Responsibilities) Act 2002. 16
11 Application of repealed Acts 17
(1) For the purposes of a continuing matter: 18
(a) the Trade Measurement Act 1989 and the Trade Measurement 19
Administration Act 1989 continue to apply as if they had not been 20
repealed by this Act, and 21
(b) the Acts and instruments specified in Schedule 1 (except 22
Schedule 1.1) continue to apply as if they had not been amended 23
by this Act. 24
Note. In relation to proceedings for an offence against the Trade Measurement 25
Act 1989 or the Trade Measurement Administration Act 1989 that are instituted 26
or continued after those Acts are repealed, see section 14. 27
(2) Without limiting subsection (1) and for the avoidance of doubt: 28
(a) a person may be authorised to take proceedings for an offence 29
under section 16 of the repealed Trade Measurement 30
Administration Act 1989, and 31
(b) an authority to prosecute given under section 16 of the Trade 32
Measurement Administration Act 1989 and in force immediately 33
before the commencement date continues in force until it 34
terminates, and 35
(c) section 25 of the Trade Measurement Administration Act 1989 36
continues in force in relation to any function continued in force 37
by this Act, and 38
Page 7
Clause 12 Trade Measurement (Repeal) Bill 2009
Part 3 Transitional provisions
(d) a delegation in force immediately before the commencement date 1
under section 25 of the Trade Measurement Administration Act 2
1989 continues in force until it terminates. 3
12 References to repealed Acts 4
In any other Act or instrument, a reference to the Trade Measurement 5
Act 1989 or the Trade Measurement Administration Act 1989 extends to 6
a reference to the Commonwealth trade measurement law (except in so 7
far as the context or subject-matter otherwise indicates or requires). 8
Page 8
Trade Measurement (Repeal) Bill 2009 Clause 13
Miscellaneous Part 4
Part 4 Miscellaneous 1
13 Provision of register and other information 2
(1) The following may be provided to the National Measurement Institute 3
for the purpose of the administration or enforcement of the 4
Commonwealth trade measurement law: 5
(a) a copy of the register kept under section 47 of the Trade 6
Measurement Act 1989, 7
(b) information obtained by the licensing authority under the Trade 8
Measurement Act 1989 and the Trade Measurement 9
Administration Act 1989, 10
(c) information obtained by the administering authority under the 11
Trade Measurement Act 1989 and the Trade Measurement 12
Administration Act 1989, 13
(d) information relating to a continuing matter or to any proceedings 14
for an offence against the Trade Measurement Act 1989 or the 15
Trade Measurement Administration Act 1989 that are instituted 16
or continued after the commencement date. 17
(2) Any such information or thing may be provided by the Director-General 18
of the Department of Services, Technology and Administration or by 19
any member of staff of that Department authorised by the 20
Director-General of that Department. 21
(3) This section applies despite any other Act or law to the contrary. 22
14 Relationship to section 30 of Interpretation Act 1987 23
Except to the extent otherwise provided by this Act, nothing in this Act 24
affects the operation of section 30 of the Interpretation Act 1987. 25
Note. Section 30 of the Interpretation Act 1987 provides that the repeal of an 26
Act or statutory rule does not, among other things: 27
(a) affect the previous operation of the Act or statutory rule or anything duly 28
suffered, done or commenced under the Act or statutory rule, or 29
(b) affect any right, privilege, obligation or liability acquired, accrued or 30
incurred under the Act or statutory rule, or 31
(c) affect any investigation, legal proceeding or remedy in respect of any 32
such right, privilege, obligation or liability (any such investigation, legal 33
proceeding or remedy may be instituted, continued or enforced, as if the 34
Act or statutory rule had not been amended or repealed). 35
15 Regulations 36
(1) The Governor may make regulations, not inconsistent with this Act, for 37
or with respect to any matter that by this Act is required or permitted to 38
Page 9
Clause 16 Trade Measurement (Repeal) Bill 2009
Part 4 Miscellaneous
be prescribed or that is necessary or convenient to be prescribed for 1
carrying out or giving effect to this Act. 2
(2) In particular, the regulations may make provision for or with respect to 3
savings and transitional matters consequent on the repeal of the Trade 4
Measurement Act 1989 and the Trade Measurement Administration Act 5
1989. 6
16 Repeal of Act 7
This Act is repealed on 1 July 2013. 8
Page 10
Trade Measurement (Repeal) Bill 2009
Amendment of Acts and instruments Schedule 1
Schedule 1 Amendment of Acts and instruments 1
1.1 Fair Trading Act 1987 No 68 2
[1] Section 9A Exchange of information 3
Insert ", or approve of," after "enter into" in section 9A (1). 4
[2] Section 9A (2) (d) 5
Insert after section 9A (2) (c): 6
(d) any other information of a type prescribed by the 7
regulations. 8
1.2 Fines Act 1996 No 99 9
Schedule 1 Statutory provisions under which penalty notices issued 10
Omit "Trade Measurement Administration Act 1989, section 23". 11
1.3 Fisheries Management (General) Regulation 2002 12
Clause 53A Beach safety meshing net 13
Omit "Trade Measurement Act 1989" from clause 53A (3) (e). 14
Insert instead "National Measurement Act 1960 of the Commonwealth". 15
1.4 Law Enforcement (Powers and Responsibilities) Act 2002 16
No 103 17
Schedule 2 Search warrants under other Acts 18
Omit "Trade Measurement Administration Act 1989, section 22". 19
1.5 Licensing and Registration (Uniform Procedures) Act 2002 20
No 28 21
[1] Schedule 1 Licences to which Part 2 of Act applies 22
Omit the heading "Trade Measurement Act 1989" and the matter under that 23
heading. 24
[2] Schedule 4 Amendment of other Acts and statutory rules 25
Omit Schedule 4.13. 26
Page 11
Trade Measurement (Repeal) Bill 2009
Schedule 1 Amendment of Acts and instruments
1.6 Protection of the Environment Operations (Waste) 1
Regulation 2005 2
Clause 15 Weighbridges 3
Omit "Trade Measurement Act 1989" from clause 15 (2) (e). 4
Insert instead "National Measurement Act 1960 of the Commonwealth". 5
1.7 Road Transport (General) Act 2005 No 11 6
[1] Section 234 Evidence regarding measuring and weighing 7
Omit "an inspector within the meaning of the Trade Measurement 8
Administration Act 1989". 9
Insert instead "a trade measurement inspector within the meaning of the 10
National Measurement Act 1960 of the Commonwealth". 11
[2] Section 234 12
Omit "the Trade Measurement Act 1989". 13
Insert instead "that Act". 14
1.8 Road Transport (Mass, Loading and Access) Regulation 15
2005 16
Clause 67 Weighing devices 17
Omit "Trade Measurement Act 1989". 18
Insert instead "National Measurement Act 1960 of the Commonwealth". 19
1.9 Roads Act 1993 No 33 20
[1] Section 248 Evidentiary certificates 21
Omit "an inspector within the meaning of the Trade Measurement 22
Administration Act 1989" from section 248 (3). 23
Insert instead "a trade measurement inspector within the meaning of the 24
National Measurement Act 1960 of the Commonwealth". 25
Page 12
Trade Measurement (Repeal) Bill 2009
Amendment of Acts and instruments Schedule 1
[2] Section 248 (3) 1
Omit "the Trade Measurement Act 1989". 2
Insert instead "that Act". 3
Page 13
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