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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Trade Measurement Legislation
Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Trade Measurement Act 1989 No 233 2
4 Amendment of Trade Measurement Administration Act
1989 No 234 2
5 Repeal of Act 2
Schedule 1 Amendment of Trade Measurement Act 1989 3
Schedule 2 Amendment of Trade Measurement Administration Act
1989 12
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Trade Measurement Legislation
Amendment Bill 2007
Act No , 2007
An Act to amend the Trade Measurement Act 1989 and the Trade Measurement
Administration Act 1989 to adopt changes to maintain uniform trade measurement
legislation agreed between the States and Territories; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Trade Measurement Legislation Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Trade Measurement Legislation Amendment Act 2007.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Trade Measurement Act 1989 No 233
The Trade Measurement Act 1989 is amended as set out in Schedule 1.
4 Amendment of Trade Measurement Administration Act 1989 No 234
The Trade Measurement Administration Act 1989 is amended as set out
in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
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Trade Measurement Legislation Amendment Bill 2007
Amendment of Trade Measurement Act 1989 Schedule 1
Schedule 1 Amendment of Trade Measurement Act
1989
(Section 3)
[1] Section 3 Definitions
Omit "pattern that" from the definition of class 4 measuring instrument in
section 3 (1).
Insert instead "pattern that, in accordance with the approved pattern".
[2] Section 3 (1), definition of "class 4 measuring instrument"
Omit "is marked with a symbol" from paragraph (b) of the definition.
Insert instead "has a symbol on it".
[3] Section 3 (1)
Insert in alphabetical order:
firewood means any wood, including dockings, edgings, mill
ends, offcuts and timber products, that:
(a) is intended for use as firewood, and
(b) is in billets or lengths of not more than 2.4 m.
pack, for the purpose of deciding who packs or has packed an
article as a pre-packed article, includes authorise, direct, cause or
permit a person to pack an article as a pre-packed article.
use, in relation to the use of a measuring instrument for trade,
includes:
(a) have the measuring instrument in possession for use, and
(b) make the measuring instrument available for use, and
(c) authorise, direct, cause or permit a person to do an act
mentioned in paragraph (a) or (b) or anything else that is
the use of a measuring instrument for trade.
weighbridge suitability statement, for a public weighbridge
licence, means a statement, signed by the administering
authority, that the weighbridge mentioned in the licence is
suitable for use as a public weighbridge.
[4] Section 3 (1), definition of "sell"
Omit "paragraph (a), (b), (c) or (d)" from paragraph (e) of the definition.
Insert instead "paragraphs (a)(d) or anything else that is a sale".
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Trade Measurement Legislation Amendment Bill 2007
Schedule 1 Amendment of Trade Measurement Act 1989
[5] Section 7 Measuring instruments used for trade must be marked
Omit "is taken not to have committed" from section 7 (4).
Insert instead "may not be prosecuted for".
[6] Section 7A Use of class 4 measuring instruments
Omit section 7A (b). Insert instead:
(b) for weighing a thing to decide freight or haulage charges
for the thing, or
[7] Section 7B Use of measuring instruments for pre-packed articles
Omit "is approved for trade use under the National Measurement Act".
Insert instead "is of an approved pattern".
[8] Section 8 Unjust measurement
Omit "is taken not to have committed" from section 8 (5).
Insert instead "may not be prosecuted for".
[9] Section 9 Supplying incorrect etc measuring instrument
Omit "for trade" from section 9 (2) where thirdly occurring.
[10] Section 9 (2A)
Insert after section 9 (2):
(2A) Subject to subsection (3) (b), it does not matter whether the
person who used the measuring instrument purchased it or took it
on lease, hire or loan for trade.
[11] Section 23
Omit the section. Insert instead:
23 Incorrect measurement or price calculation
(1) This section applies to a person who, for the purpose of the sale
of an article at a price determined by reference to the
measurement of the article, operates a measuring instrument to
measure the article or decides the measurement of the article.
(2) For the purposes of this section:
(a) a reference to the person's measurement of the article is a
reference to the person's operation of the measuring
instrument or measurement of the article as mentioned in
subsection (1), and
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Trade Measurement Legislation Amendment Bill 2007
Amendment of Trade Measurement Act 1989 Schedule 1
(b) it does not matter whether the person's measurement of the
article is for the article's sale by the person or by anyone
else at any time.
(3) For any sale of the article at any time, the person commits an
offence if, because of the person's measurement of the article:
(a) the person directly or indirectly misleads any party to the
sale as to the measurement of the article or the calculation
of the price, to the party's detriment, or
(b) the price paid or required to be paid is not the price
correctly determined by reference to the correct
measurement of the article and as a result any party to the
sale suffers or would suffer detriment.
Penalty: $20,000.
[12] Section 25A
Insert after section 25:
25A Special provision for sale of firewood by volume
To apply section 23 to a sale of firewood by volume, the volume
stated for the sale of the firewood (the stated volume) is taken to
comply with that section if, when the firewood is stacked with as
few gaps as practicable, the volume worked out using the stack's
dimensions is at least the stated volume.
[13] Section 44 Application for licence
Insert "for a single weighbridge" after "licence" in section 44 (1) (b).
[14] Section 44 (2A) and (2B)
Insert after section 44 (2):
(2A) If the licensing authority grants a licence to a partnership, the
licence must state:
(a) the names of all the partners, and
(b) if the partnership has a registered business name, the
registered business name.
(2B) Each partner stated in the licence, including the licence as
amended under section 54B, is taken to be a holder of the licence.
[15] Section 44 (3)
Omit "The application". Insert instead "An application under this section".
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Trade Measurement Legislation Amendment Bill 2007
Schedule 1 Amendment of Trade Measurement Act 1989
[16] Section 45 Grounds for refusal
Insert after section 45 (1):
(1A) If the applicant is a partnership, subsection (1) applies to each
member of the partnership.
(1B) Also, for a public weighbridge licence application for a
weighbridge, the licensing authority must refuse the application
if the administering authority considers the weighbridge is not
suitable for use as a public weighbridge.
[17] Section 50 Conditions on all public weighbridge licences
Omit section 50 (1) (a). Insert instead:
(a) a condition that the licensee must not operate the
weighbridge mentioned in the licence unless the licence or
a copy of the licence has a weighbridge suitability
statement written on it that is in force,
(aa) a condition that the weighbridge suitability statement is in
force only until the end of:
(i) the period for which the fee payable in relation to
the statement has been paid, or
(ii) the period as extended under section 52A,
(ab) a condition that the weighbridge mentioned in the licence
is to be located at the place stated in the licence,
[18] Section 50 (1) (b)
Omit "a weighbridge operated pursuant to the licence".
Insert instead "the weighbridge mentioned in the licence".
[19] Sections 52A and 52B
Insert after section 52:
52A Continuation of weighbridge suitability statement in particular
circumstances
(1) This section applies if:
(a) before the end of the period for which a weighbridge
suitability statement is in force for a particular
weighbridge, a licensee pays the fee for a new weighbridge
suitability statement, and
(b) the administering authority has not caused the weighbridge
to be examined for the purpose of providing a new
weighbridge suitability statement.
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Trade Measurement Legislation Amendment Bill 2007
Amendment of Trade Measurement Act 1989 Schedule 1
(2) The licensee may continue to operate the weighbridge under the
licence until the administering authority:
(a) issues to the licensee a copy of the public weighbridge
licence for the weighbridge with a weighbridge suitability
statement on it in force for the period for which the fee
payable in relation to the statement has been paid, or
(b) decides the weighbridge is no longer suitable for use as a
public weighbridge and gives written notice of the decision
to the licensee under section 52B (2).
52B If weighbridge no longer suitable for use as public weighbridge
(1) This section applies if the administering authority decides a
public weighbridge is no longer suitable for use as a public
weighbridge.
(2) The administering authority may give the licensee a notice
stating:
(a) why the administering authority considers the public
weighbridge is no longer suitable for use as a public
weighbridge, and
(b) that the licensee may make written representations to the
administering authority within 28 days stating why the
licensee considers the public weighbridge licence for the
public weighbridge should not be cancelled.
(3) After considering any representations made to the administering
authority, the administering authority may:
(a) decide to take no further action against the licensee, or
(b) recommend to the licensing authority that the public
weighbridge licence for the public weighbridge be
cancelled.
(4) The licensing authority may cancel the licence on the
recommendation of the administering authority under subsection
(3) (b).
(5) The administering authority must give the licensee a written
notice stating:
(a) the decision and the reason for the decision, and
(b) that if the licensing authority cancels the licensee's
licence, the licensee may apply to the review tribunal
under the Administration Act for a review of the decision
of the licensing authority.
(6) This section does not limit section 7.
Page 7
Trade Measurement Legislation Amendment Bill 2007
Schedule 1 Amendment of Trade Measurement Act 1989
[20] Section 54 Surrender etc of licence
Omit "A licence" from section 54 (2).
Insert instead "Subject to section 54B, a licence".
[21] Sections 54A54D
Insert after section 54:
54A Effect of relocation of licensed weighbridge
(1) This section applies if a licensee moves a weighbridge from the
location at which it was inspected before the issue of the
weighbridge suitability statement for the weighbridge to another
location at the place stated in the licence.
(2) The public weighbridge licence for the weighbridge is taken to
have been surrendered under section 54.
54B Application to change licence holders due to change of
partnership
(1) This section applies if:
(a) a partnership is the holder of a licence, and
(b) there is or is proposed to be a change to the membership of
the partnership (the change) with at least one partner
before the change continuing as a partner after the change.
(2) The partnership may apply to the licensing authority to amend the
licence to state the partners who are or will be the partners after
the change.
(3) To the extent the change consists of a person ceasing to be a
partner, the licensing authority must grant the application and
amend the licence to remove the name of the partner from the
licence.
(4) To the extent the change involves a new partner being admitted
to the partnership:
(a) the application must include the information about the new
partner that the new partner would have to give to the
licensing authority when applying for a licence of that
kind, and
(b) after considering the application, the licensing authority
must:
(i) grant the application and amend the licence to
include the name of the new partner, or
(ii) refuse the application under subsection (5).
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Trade Measurement Legislation Amendment Bill 2007
Amendment of Trade Measurement Act 1989 Schedule 1
(5) The licensing authority must refuse an application to which
subsection (4) applies if it would be refused under section 45
were it an application by the new partner for the licence.
(6) If the licensing authority refuses the application, the licensing
authority must notify the partnership of the grounds for the
refusal and the right of review of the refusal under section 59.
(7) If an application is granted relating to a change that is to happen
at a later time, the licensing authority must amend the licence in
accordance with the application from the later time.
(8) To amend a licence under this section, the licensing authority
may endorse the amendment on the licence held by the
partnership, or replace the licence with a licence stating the
membership of the partnership after the change.
(9) An application must be accompanied by the application fee
prescribed under the Administration Act.
54C Effect on licence of application under s 54B
(1) This section applies if a change within the meaning of section
54B happens:
(a) not more than 28 days before an application under the
section is made, or
(b) after the application is made but before it is decided.
(2) From the day of the change, the relevant licence is taken to be
held by the partnership as it exists after the change, and each
partner is taken to be a holder of the licence, until:
(a) the application is granted, or
(b) if the application is refused--the end of the period allowed
under the Administrative Decisions Tribunal Act 1997 for
a review and, if the partnership applies for a review of the
refusal, the end of the review.
54D Application to amend condition of licence
(1) A licensee under a servicing licence may apply to the licensing
authority for an amendment to a condition of the licence of a kind
mentioned in section 48 (2).
(2) The licensing authority may amend or refuse to amend the
licence.
(3) An application must be accompanied by the application fee
prescribed under the Administration Act.
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Trade Measurement Legislation Amendment Bill 2007
Schedule 1 Amendment of Trade Measurement Act 1989
[22] Section 56 Grounds for disciplinary action
Insert at the end of the section:
(2) A ground for disciplinary action under subsection (1) exists in
relation to a licensee who is a partnership if the ground exists in
relation to any one or more of the members of the partnership.
[23] Section 59 Rights of review
Insert "or an amendment of a licence" after "licence" in section 59 (a).
[24] Section 59 (ea)
Insert after section 59 (e):
(ea) to cancel a public weighbridge licence because the public
weighbridge mentioned in the licence is no longer suitable
for use as a public weighbridge, or
[25] Section 80 Regulations
Omit section 80 (2) (n). Insert instead:
(n) weighbridge suitability statements,
[26] Section 80 (2) (v)
Insert after section 80 (2) (u):
(v) the approval of forms for use under this Act.
[27] Part IX
Insert after section 81:
Part IX Transitional provisions for Trade
Measurement Legislation Amendment Act
2007
82 Certificates of suitability
A certificate of suitability for a public weighbridge, that is in
force immediately before the commencement of the Trade
Measurement Legislation Amendment Act 2007, is taken to be a
weighbridge suitability statement for the weighbridge's public
weighbridge licence expiring when the certificate of suitability
would otherwise have expired.
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Trade Measurement Legislation Amendment Bill 2007
Amendment of Trade Measurement Act 1989 Schedule 1
83 Existing licensed public weighbridges
(1) This section applies if, immediately before the commencement of
the Trade Measurement Legislation Amendment Act 2007, a
licensee operates more than one public weighbridge under a
public weighbridge licence.
(2) On the commencement:
(a) each public weighbridge is taken to be licensed under a
separate public weighbridge licence, and
(b) a separate periodic licence fee is not payable because of
paragraph (a) until the day the periodic licence fee is
payable under section 52 after the commencement.
(3) Also, if, after the commencement:
(a) a licensee for a public weighbridge that is taken under
subsection (2) (a) to be licensed under a separate public
weighbridge licence pays a separate periodic licence fee
for the public weighbridge, and
(b) the administering authority decides the weighbridge is still
suitable for use as a public weighbridge,
the licensing authority must issue to the licensee a separate public
weighbridge licence for the weighbridge with a weighbridge
suitability statement on it in force for the period for which the fee
payable in relation to the statement has been paid.
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Trade Measurement Legislation Amendment Bill 2007
Schedule 2 Amendment of Trade Measurement Administration Act 1989
Schedule 2 Amendment of Trade Measurement
Administration Act 1989
(Section 4)
[1] Section 13 Other fees and charges may be prescribed
Insert after section 13 (1) (c):
(ca) fees payable for providing weighbridge suitability
statements or duplicates of weighbridge suitability
statements, and
[2] Section 13 (4)
Insert after section 13 (3):
(4) For the purposes of this section, it does not matter whether the fee
prescribed for a public weighbridge licence and a weighbridge
suitability statement is a combined fee for the same period.
Page 12
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