New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 4

4 Use of measuring instrument for trade-meaning

(1) For the purposes of this Act, a person uses a measuring instrument for trade if the person uses it, has it in possession for use, or makes it available for use, to make a measurement for the purpose of:

(a) determining the consideration in respect of a transaction, or

(b) determining the amount payable as a tax, rate, toll, duty, charge or other impost (however described).

(2) In addition, a person shall be regarded as using a measuring instrument for trade if:

(a) the person makes the measuring instrument available on premises for use by a party to a transaction that takes place on those premises, and

(b) the instrument makes a measurement of a kind that is used for the purpose of determining the consideration in respect of the transaction even though a measurement actually made with that instrument is not used for that purpose.

(3) If a party to a transaction makes a measuring instrument available for use in connection with the transaction, another party to the transaction who uses the instrument in that connection shall not, despite subsection (1), be regarded as using the instrument for trade.