New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 7

7 Measuring instruments used for trade must be marked

(1) A person who uses a measuring instrument for trade is guilty of an offence unless the instrument bears an inspector’s mark or a licensee’s mark.

Penalty:

(a) if the measuring instrument is a weighbridge-$10,000,

(b) in any other case-$5,000.

(2) A person who uses a weighbridge for trade is guilty of an offence if the weighbridge does not comply with the requirements of the regulations concerning weighbridges.

Penalty: $10,000.

(3) If an inspector finds a measuring instrument that is being used in contravention of subsection (1) or (2), the inspector may give to the owner or user of the measuring instrument a written notice:

(a) stating that the measuring instrument:

(i) does not have an inspector’s mark or a licensee’s mark on it, or

(ii) for a weighbridge-does not comply with stated requirements of the regulations relating to weighbridges, and

(b) requiring the person to remedy the contravention within a stated period of not more than 28 days.

(4) If the person complies with the notice, the person may not be prosecuted for an offence against this section in relation to the circumstances to which the notice relates.

(5) This section does not apply to the use of a measuring instrument to determine a quantity of articles by number of the articles.

(6) The regulations may provide for the circumstances in which the use for trade of a measuring instrument that has been repaired or modified, or commissioned, is permitted even though it does not bear an inspector’s mark or a licensee’s mark, pending its verification or certification.