New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 22

22 Measurement must be open to scrutiny in certain cases

(1) If an article is sold at a price determined by reference to measurement of the article, the party that determines the price of the article shall ensure:

(a) that the measurement is made in the presence of the other party to the sale, or

(b) that the other party is furnished at or before the time of delivery of the article with a written statement of the measurement of the article.

(2) If the article is to be delivered at the time and place of measurement, the party that determines the price of the article by reference to the measurement shall, if the other party to the sale requests it, measure the article in the presence of that other party.

(3) A person who fails to comply with subsection (1) or (2) is guilty of an offence.

Penalty: $5,000.

(4) For the purposes of this section, an article is measured in the presence of a person if:

(a) the measuring process is readily visible to the person, and

(b) any reading or information displayed by the measuring instrument is readily visible to the person.

(5) Unless the regulations otherwise provide, this section does not apply to the sale of a pre-packed article.