TRADE MEASUREMENT ACT 1989 - As at 1 July 2010 - Act 233 of 1989
- As at 1 July 2010 - Act 233 of 1989Table of Provisions
PART I - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 3A Determining certain quantities
- 3B References to functions
- 4 Use of measuring instrument for trade--meaning
- 5 Application of Act to Crown
- 6 Exemptions from Act
PART II - USE OF MEASURING INSTRUMENTS FOR TRADE
- 7 Measuring instruments used for trade must be marked
- 7A Use of class 4 measuring instruments
- 7B Use of measuring instruments for pre-packed articles
- 8 Unjust measurement
- 9 Supplying incorrect etc measuring instrument
PART III - VERIFICATION, RE-VERIFICATION AND CERTIFICATION OF MEASURING INSTRUMENTS
- 10 Provision and maintenance of standards
- 11 Verification and re-verification by inspectors
- 12 Certification by licensees
- 13 Requirements for measuring instruments
- 14 Standards of measurement to be used
- 15 Responsibilities of administering authority concerning verification and re-verification
- 16 Prohibition on use if re-verification cannot be carried out
- 17 Rejection of instrument by inspector--obliteration of marks
- 18 Duty of repairers etc to obliterate marks
- 19 Marks on labels affixed to measuring instruments
- 20 Making mark without authority
- 21 Other offences concerning marks
PART IV - TRANSACTIONS BY MEASUREMENT
- 22 Measurement must be open to scrutiny in certain cases
- 23 Incorrect measurement or price calculation
- 24 Variation of quantity ordered
- 25 Special provisions for sale of meat
- 25A Special provision for sale of firewood by volume
- 26 Articles required to be sold by specific measurement
- 27 Presumptions concerning mass of vehicles
PART V - PRE-PACKED ARTICLES
Division 1 - Requirements for packaging and sale of pre-packed articles
- 28 Requirements as to packaging of pre-packed articles
- 29 Defences concerning packaging of pre-packed articles
- 30 Restrictions on use of certain expressions on packages
- 31 Incorrect pricing of pre-packed article
- 32 Offence of packing or selling short measure
- 33 Extent of deficiency necessary to constitute short measure
- 34 Defences concerning short measure
- 35 Seller's general defence
- 36 Employee's general defence
- 37 Regulations concerning methods of measurement
Division 2 - Permit to sell certain pre-packed articles
- 38 Administering authority may issue permits
- 39 Requirements for issue
- 40 Cancellation of permits
- 41 Recognition of permits under corresponding laws
PART VI - LICENSING
Division 1 - Requirements for licences
- 42 Requirement for servicing licence
- 43 Requirement for public weighbridge licence
Division 2 - Granting of licences
- 44 Application for licence
- 45 Grounds for refusal
- 46 Licensee to be allotted a mark
- 47 Register of licences
- 48 Conditions may be imposed on licences
- 49 Conditions on all servicing licences
- 50 Conditions on all public weighbridge licences
- 51 Conditions need not be endorsed on licence
- 52 Periodic licence fee
- 52A Continuation of weighbridge suitability statement in particular circumstances
- 52B If weighbridge no longer suitable for use as public weighbridge
- 53 Cancellation for non-payment of licence fee
- 54 Surrender etc of licence
- 54A Effect of relocation of licensed weighbridge
- 54B Application to change licence holders due to change of partnership
- 54C Effect on licence of application under s 54B
- 54D Application to amend condition of licence
- 55 Order preventing employment of certain persons
Division 3 - Disciplinary action against licensees
- 56 Grounds for disciplinary action
- 57 Notice to licensee of grounds for disciplinary action
- 58 Taking of disciplinary action
Division 4 - Reviews by the Administrative Decisions Tribunal
- 59 Rights of review
PART VII - INSPECTORS
- 60 Powers of entry etc
- 61 Powers in relation to measuring instruments
- 62 Powers in relation to articles
- 63 Pre-packed articles--special powers
- 64 Return, disposal or forfeiture of seized property
- 65 Obstruction etc of inspector
- 66 Self-incrimination
- 67 Inspector's certificate of authority to be produced
PART VIII - MISCELLANEOUS
- 68 Penalties in provisions
- 69 Increased penalty for body corporate
- 70 Compensation for loss caused by offence
- 71 Offence by employee--liability of employer
- 72 Offence by body corporate--liability of directors etc
- 73 False or misleading statements
- 74 Evidence--signature of Minister, administering authority
- 75 Certificate evidence
- 76 Evidence--pre-packed articles
- 77 Packaged article presumed to be pre-packed in certain circumstances
- 78 Evidence--use of measuring instrument for trade
- 79 Records--English language
- 80 Regulations
- 81 Special provisions--application of Act in the State
PART IX - TRANSITIONAL PROVISIONS FOR TRADE MEASUREMENT LEGISLATION AMENDMENT ACT 2007
- 82 Certificates of suitability
- 83 Existing licensed public weighbridges Schedule 1 (Repealed)