New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 8

8 Unjust measurement

(1) A person who uses for trade a measuring instrument that is incorrect is guilty of an offence.

Penalty: $20,000.

(2) A person who uses for trade a measuring instrument in a manner that is unjust is guilty of an offence.

Penalty: $20,000.

(3) A person whose act or omission causes or is likely to cause a measuring instrument in use for trade to give a measurement or other information that is incorrect is guilty of an offence if the person acted or omitted to act with the intention of causing that result or with reckless indifference to whether that result would be caused.

Penalty: $20,000.

(4) If an inspector finds a measuring instrument being used for trade that is incorrect or is being used in a way that is unjust, the inspector may give to the owner or user of the measuring instrument a written notice:

(a) stating that:

(i) the measuring instrument is incorrect, or

(ii) the way the person is using it is unjust, and

(b) requiring the person to take stated steps to stop contravening the relevant subsection within a stated period, of not more than 28 days.

(5) 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.

(6) If a person commits an offence against this section, any contract to which the person is a party and which is made by reference to a measurement to which the offence relates is voidable at the option of another party to the contract.