New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 3

3 Definitions

(1) In this Act, unless the contrary intention appears:
"administering authority" means the person who, under the Administration Act, is the administering authority for the purposes of this Act.
"Administration Act" means the Trade Measurement Administration Act 1989 .
"approved pattern", in relation to a measuring instrument, means a pattern approved for the measuring instrument under section 19A of the National Measurement Act, being an approval that:

(a) is currently in force under that provision, or

(b) has expired or been cancelled (but not withdrawn) under the National Measurement Act and was in force when the measuring instrument was first verified or certified.

"article" includes substance.
"Australian legal unit of measurement" has the same meaning as in the National Measurement Act.
"certify" has the meaning given by section 12.
"class 4 measuring instrument" means a measuring instrument of an approved pattern that, in accordance with the approved pattern:

(a) has not less than 100 but not more than 1,000 verification scale intervals, each of which is not less than 5 grams, and

(b) has a symbol on it that is an oval of any shape, or 2 parallel horizontal lines that are joined at each end by a semi-circle, with 4 vertical lines in it.

"corresponding law" means a law of another State or a Territory of the Commonwealth that corresponds to this Act.
"document" includes any record of information, whether or not the information is available only after the record is subjected to electronic or other process.
"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.

"inspector" has the same meaning as in the Administration Act.
"inspector’s mark" means:

(a) the mark approved by the administering authority for use by an inspector in verifying or re-verifying a measuring instrument, or

(b) such a mark under a corresponding law.

"licence" means a servicing licence or a public weighbridge licence in force under Part VI.
"licensee’s mark" means:

(a) the mark approved by the licensing authority for use by or on behalf of the licensee in certifying a measuring instrument, or

(b) such a mark under a corresponding law.

"licensing authority" means the person who, under the Administration Act, is the licensing authority for the purposes of this Act.
"measurement" means a determination of number or physical quantity, other than for descriptive purposes only.
"measuring instrument" has the same meaning as in the National Measurement Act.
"National Measurement Act" means the National Measurement Act 1960 of the Commonwealth as amended and in force for the time being.
"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.
"package" includes:

(a) a container, wrapper, confining band or other thing in which an article is packed, or 2 or more articles are packed, for sale as a single item, and

(b) anything around which an article is wound or wrapped, or 2 or more articles are wound or wrapped, for sale as a single item.

"pre-packed article" means an article that is packed in advance ready for sale.
"prescribed" means prescribed by this Act.
"public weighbridge" means a weighbridge that is open for use by or on behalf of the public or for the use of which a charge is made.
"public weighbridge licence" means a public weighbridge licence in force under Part VI.
"purchaser" includes a person purchasing as agent for another person.
"record" includes any document.
"reference standard of measurement" has the same meaning as in the National Measurement Act.
"regulation" means a regulation in force under this Act.
"re-verify" has the meaning given by section 11.
"sell" includes:

(a) agree to sell,

(b) offer or expose for the purpose of selling,

(c) have in possession for the purpose of selling,

(d) barter or exchange, and

(e) authorise, direct, cause or permit to be done any act referred to in paragraphs (a)-(d) or anything else that is a sale.

"seller" includes a person who sells as agent for another person.
"servicing licence" means a servicing licence in force under Part VI.
"State primary standard of measurement" has the same meaning as in the National Measurement Act.
"this Act" includes the regulations.
"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.

"vehicle" includes vessel, aircraft and any other means of conveying persons or goods.
"verify" has the meaning given by section 11.
"weighbridge" means a measuring instrument that is of a capacity of 3 tonnes or more and has a platform by the use of which the measuring instrument is capable of determining the mass of a vehicle or of livestock.
"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.