New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 33

33 Extent of deficiency necessary to constitute short measure

(1) For the purposes of section 32, the actual measurement of a pre-packed article ( "the offending article") shall not be regarded as being less than a marked measurement unless:

(a) the deficiency in actual measurement of the offending article is greater than the deficiency permitted by the regulations for the article concerned, or

(b) the deficiency in the average of the actual measurements of a number of like articles (found in the same place and at the same time as the offending article is found) is greater than the deficiency permitted by the regulations for the article concerned.

(2) The regulations may:

(a) make provision with respect to the method to be used in determining the average measurement under subsection (1) (b) and the number of like articles to be measured for that purpose,

(b) provide that the deficiency permitted in the average of measurements determined under subsection (1) (b) is nil, and

(c) make different provision according to how long after packaging of the article the measurements concerned are made.

(3) This section does not apply in a case where the number of like articles (found in the same place and at the same time as the offending article is found and available for measurement by an inspector) is not sufficient for the purposes of a determination under subsection (1) (b) in accordance with the regulations.