New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 20

20 Making mark without authority

(1) A person who makes an inspector’s mark or licensee’s mark on a measuring instrument is guilty of an offence unless the person is authorised to do so as provided by this section.

Penalty: $20,000.

(2) A person is authorised to make an inspector’s mark on a measuring instrument if the mark is made in the course of verifying or re-verifying the instrument and the person:

(a) is an inspector, or

(b) is acting under the authority and direct supervision of an inspector.

(3) A person is authorised to make a licensee’s mark on a measuring instrument if the mark is made in the course of certifying the instrument under the authority conferred by a servicing licence and the person:

(a) is the licensee, or an employee of the licensee, in respect of whom the mark is approved by the administering authority, or

(b) is acting under the authority and direct supervision of that licensee or such an employee.

(4) A person is authorised to make an inspector’s mark or a licensee’s mark on a measuring instrument if the person does so in accordance with the provisions of the regulations as to the batch testing and marking of measuring instruments.