TRADE MEASUREMENT LEGISLATION REPEAL BILL 2009 Explanatory Statement

Northern Territory Explanatory Statements

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TRADE MEASUREMENT LEGISLATION REPEAL BILL 2009

5

2009

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

SERIAL NO. 81

TRADE MEASUREMENT LEGISLATION REPEAL BILL 2009

GENERAL OUTLINE

The purpose of the legislation is to repeal the Trade Measurement legislation and establish transitional provisions for transfer of trade measurement functions to the Commonwealth, and consequential amendments.

Administration of trade measurement by the Commonwealth will commence on 1 July 2010, with transitional provisions to be developed in consultation with the states and territories. The Commonwealth regulator will be the National Measurement Institute in the Department of Innovation, Industry, Science and Research.

From 1 July 2010, the trade measurement provisions in Commonwealth legislation will prevail over current state and territory trade measurement laws. To avoid legislative confusion and unwarranted duplication, the Northern Territory legislation should be repealed.

NOTES ON CLAUSES

Part 1 Preliminary matters
Clause 1. Short Title.

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Trade Measurement Legislation Repeal Act 2009.

Clause 2. Commencement.

Part 4, dealing with Miscellaneous matters including the transfer of information to the National Measurement Institute and a regulations making power, commences on the day the Administrator’s assent is declared.

The remaining provisions commence on 1 July 2010.

Clause 3. Definitions

This clause defines terms used in the Act.

The definition of the term “commencement date” is 1 July 2010.

The clause defines “Commonwealth Act” as the National Measurement Act 1960.

A “continuing matter” is defined as:
· proceedings mentioned in section 8 for an offence committed under the repealed Acts before the commencement of this Act;
· a disciplinary action against a licensee mentioned in section 9;
· an appeal against a decision of the licensing authority mentioned in section 10;
· a seized measuring instrument, record, article or other thing mentioned in section 11;
· an unpaid fee or charge mentioned in section 12;
· anything done or omitted to be done under the repealed Acts in relation to any of the continuing matters listed.

The clause defines “expiry date” as the date the Act expires.

The definition of “information” includes a document.

The “National Measurement Institute” is as provided in section 17 of the National Measurement Act 1960.

“repealed Administration Act” is defined as the repealed
Trade Measurement Administration Act as in force immediately before the commendement date of the Act.

The definition of “repealed Acts” is the repealed Principal Act and the repealed Administration Act, and “repealed Principle Act” mean the repealed Trade Measurement Act as in force immediately before the commendement date of the Act.

The clause also refers for a definition of a “seized thing” to section 11(1) of the Act.

Clause 4. Words have meaning as in repealed Acts

This clause provides that a word defined in the repealed Acts will have the same meaning in this Act so as to maintain consistency of interpretation.

Clause 5. Interpretation Act not affected

This clause makes it clear that, unless it is explicitly stated, the Interpretation Act provisions dealing with repeal and expiration of Acts are not limited by this Act.

Part 2 Repeal of Acts
Clause 6. Acts repealed

This clause identifies the Acts to be repealed are those specified in the Schedule.

Part 3 Transitional provisions
Clause 7. Application of repealed Acts to continuing matters

This clause sets out transitional provisions and provides that the repealed Acts will continue to apply to continuing matters as if the Act had not commenced. This provision allows the appointment of staff, the delegation of functions and authorisation to take proceedings for an offence, to continue in force until they end.

Clause 8 Offences

If a person is alleged to have committed an offence against either of the repealed Acts before the commencement date, this section applies. Subsection (2) provides for proceedings for the offence to be started or continued, and that the court may hear and decide the proceedings, as if the Act had not commenced. However, subsection (2) only authorises the start of proceedings within one year after the date the offence is alleged to have been committed or the date the commission of the alleged offence is discovered by an inspector, whichever is later. After this time, any proceedings will be commenced under the national law.

Clause 9 Disciplinary action against licensees

This clause provides for the licensing authority to take disciplinary action against a licensee under section 58 of the repealed
Trade Measurement Act as if the Act had not commenced. The clause applies if:
· the licensing authority had served a written notice on a licensee under section 57 of the repealed Trade Measurement Act before the commencement date; and
· at the commencement date, the licensing authority had not taken disciplinary action against the licensee under section 58 of the repealed Trade Measurement Act.

Clause 10 Appeals

This clause allows a person who had a right of appeal against a decision of the licensing authority immediately before the commencement date to file that appeal and have it heard and determined under the repealed Acts, as if the Act had not commenced.

The clause also provides that, if a person had already lodged an appeal against a decision of the licensing authority, but the tribunal had not finally determined the appeal, the appeal would be heard and determined under the repealed Acts, as if the Act had not commenced.

Clause 11 Seized things

This clause provides that, if an inspector had seized a measuring instrument, a record about a measuring instrument or its use, an article or other thing under the repealed Trade Measurement Act, the inspector may retain, return or dispose of the seized thing under the repealed Trade Measurement Act, as if the Act had not commenced.

Clause 12 Unpaid fees and charges

This clause enables a fee or charge payable under the repealed legislation that had not been paid within the period required under the repealed Acts, to be recovered by the Territory as a debt.

Clause 13 Disclosure of information about continuing matters

This clause enables information obtained by a Superintendent about a continuing matter to be disclosed to the National Measurement Institute for the administration or enforcement of the Commonwealth Act. If the information is about a seized thing, the Superintendent may allow the National Measurement Institute to inspect it for the administration or enforcement of the Commonwealth Act.

Part 4 Miscellaneous matters
Clause 14 Transfer of registers and information

This clause authorises the transfer of information, and the register of particulars relating to licences kept under the repealed
Trade Measurement Act, to the National Measurement Institute for the administration or enforcement of the Commonwealth Act.

Clause 15 Regulations

This clause provides for the Administrator to make regulations that may be necessary to allow or facilitate the transition from the operation of the repealed Acts to the Commonwealth Act that is not otherwise provided for in the Act. To the extent that a regulation may operate retrospectively it must not operate to the disadvantage of a person by decreasing their rights or imposing liabilities on them.

Clause 16 Expiry of Act

This clause provides for the expiry of the Act on 1 July 2011, but does not affect the continuation of a legal proceeding.

Part 5 Consequential amendment of Motor Vehicles Act
Clause 17 Act amended

This clause prescribes the Act to be amended as the Motor Vehicles Act.

Clause 18 Amendment of section 61 (Determination of mass of vehicle)

This clause is to change the reference in section 61(d) from the Trade Measurement Act to the National Measurement Act 1960 (Commonwealth).

Clause 19 Amendment of section 63 (Testing weighing machines

This clause is to omit the references in sections 63(2)(a) and 63(3)(a) to the Trade Measurement Act, and instead insert a reference to the National Measurement Act 1960 (Commonwealth).

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