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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRADE MEASUREMENT
AMENDMENT BILL 1999
Queensland
TRADE MEASUREMENT AMENDMENT
BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Definitions etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 7 (Measuring instruments used for trade must be
marked) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Insertion of new section 7A7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7A Use of class 4 measuring instruments . . . . . . . . . . . . . . . . . . . . . . . . 6
7B Use of measuring instruments for pre-packed articles . . . . . . . . . . . 6
7 Amendment of s 8 (Unjust measurement) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 9 (Supplying incorrect etc. measuring instrument) . . . . . 7
9 Amendment of s 10 (Provision and maintenance of standards) . . . . . . . . . . 8
10 Amendment of s 23 (Incorrect measurement or price calculation) . . . . . . . 8
11 Amendment of s 31 (Incorrect pricing of prepacked article) . . . . . . . . . . . . 8
12 Amendment of s 42 (Requirement for servicing licence) . . . . . . . . . . . . . . 8
13 Amendment of s 44 (Application for licence) . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Amendment of s 60 (Powers of entry etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Amendment of s 61 (Powers in relation to measuring instruments) . . . . . . 9
16 Amendment of s 62 (Powers in relation to articles) . . . . . . . . . . . . . . . . . . . 10
17 Amendment of s 76 (Evidence--prepacked articles) . . . . . . . . . . . . . . . . . . 10
18 Amendment of s 80 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . . 11
1999
A BILL
FOR
An Act to amend the Trade Measurement Act 1990
s1 4 s4
Trade Measurement Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Trade Measurement Amendment Act 3
1999. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
amended 7
Act
Clause 3. This Act amends the Trade Measurement Act 1990. 8
of s 3 (Definitions etc.) 9
Amendment
Clause 4.(1) Section 3, heading `etc.'-- 10
omit. 11
(2) Section 3(1), definition "measurement"-- 12
omit. 13
(3) Section 3(1)-- 14
insert-- 15
` "class 4 measuring instrument" means a measuring instrument of an 16
approved pattern that-- 17
(a) has not less than 100 but not more than 1 000 verification scale 18
intervals, each of which is not less than 5 grams; and 19
(b) is marked with a symbol that is an oval of any shape, or 2 parallel 20
horizontal lines that are joined at each end by a semi-circle, with 4 21
vertical lines in it. 22
"measurement" means a determination of number or physical quantity, 23
other than for descriptive purposes only.'. 24
s5 5 s5
Trade Measurement Amendment
(4) Section 3(2), from `the purposes'-- 1
omit, insert-- 2
`this Act-- 3
(a) time interval not related to the calendar is a physical quantity; and 4
(b) time interval related to the calendar is not a physical quantity; and 5
(c) any packaging or other thing that is not part of an article is to be 6
disregarded when determining a physical quantity.'. 7
(5) Section 3(2), as a heading-- 8
insert-- 9
`Determining certain quantities'. 10
(6) Section 3(3), as a heading-- 11
insert-- 12
`References to functions'. 13
(7) Section 3(2) and (3)-- 14
renumber as sections 3A and 3B. 15
of s 7 (Measuring instruments used for trade must be 16
Amendment
marked) 17
Clause 5.(1) Section 7(3) and (4)-- 18
renumber as section 7(5) and (6). 19
(2) Section 7-- 20
insert-- 21
`(3) If an inspector finds a measuring instrument that is being used in 22
contravention of subsection (1) or (2), the inspector may give to the owner 23
or user of the measuring instrument a written notice -- 24
(a) stating the measuring instrument-- 25
(i) does not have an inspector's mark or a licensee's mark on it; 26
or 27
s6 6 s6
Trade Measurement Amendment
(ii) for a weighbridge--does not comply with stated 1
requirements of the regulation relating to weighbridges; and 2
(b) requiring the person to remedy the contravention within a stated 3
period of not more than 28 days. 4
`(4) If the person complies with the notice, the person is taken not to have 5
committed an offence against this section in relation to the circumstances to 6
which the notice relates.'. 7
of new section 7A7B 8
Insertion
Clause 6. After section 7-- 9
insert-- 10
of class 4 measuring instruments 11
`Use
`7A. A person must not use a class 4 measuring instrument for trade, 12
other than-- 13
(a) as airport baggage scales; or 14
(b) for freight scales with a capacity of up to 2 000 kg; or 15
(c) for weighing garbage; or 16
(d) for weighing earth, sand, gravel or other similar material; or 17
(e) as a crane-weigher; or 18
(f) for weighing timber in log form; or 19
(g) for another purpose prescribed under a regulation. 20
Maximum penalty-- 21
(a) if the class 4 measuring instrument is a weighbridge--$10 000; 22
or 23
(b) in any other case--$5 000. 24
of measuring instruments for pre-packed articles 25
`Use
`7B. A person must not use a measuring instrument for measuring 26
pre-packed articles on premises in which articles are pre-packed unless at 27
least 1 measuring instrument on the premises is approved for trade use 28
s7 7 s8
Trade Measurement Amendment
under the National Measurement Act, complies with this Act, and is suitable 1
for measuring the articles to be pre-packed. 2
Maximum penalty--$5 000.'. 3
of s 8 (Unjust measurement) 4
Amendment
Clause 7.(1) Section 8(1), `or unjust'-- 5
omit. 6
(2) Section 8(4)-- 7
renumber as section 8(6). 8
(3) After section 8(3)-- 9
insert-- 10
`(4) If an inspector finds a measuring instrument being used for trade that 11
is incorrect or is being used in a way that is unjust, the inspector may give to 12
the owner or user of the measuring instrument a written notice-- 13
(a) stating-- 14
(i) the measuring instrument is incorrect; or 15
(ii) the way the person is using it is unjust; and 16
(b) requiring the person to take stated steps to stop contravening the 17
relevant subsection within a stated period, of not more than 18
28 days. 19
`(5) If the person complies with the notice, the person is taken not to have 20
committed an offence against this section in relation to the circumstances to 21
which the notice relates.'. 22
of s 9 (Supplying incorrect etc. measuring instrument) 23
Amendment
Clause 8. Section 9(1), `or unjust'-- 24
omit. 25
s9 8 s 12
Trade Measurement Amendment
of s 10 (Provision and maintenance of standards) 1
Amendment
Clause 9.(1) Section 10(1), from `classes'-- 2
omit, insert-- 3
`classes and denominations of reference standards of measurement as the 4
administering authority decides are necessary for the purposes of this Act.'. 5
(2) Section 10(2), `classes'-- 6
omit, insert-- 7
`classes and denominations, decided by the administering authority,'. 8
of s 23 (Incorrect measurement or price calculation) 9
Amendment
Clause 10.(1) Section 23, after `operates the measuring instrument'-- 10
insert-- 11
`or decides the measurement'. 12
(2) Section 23(a), `the other party to the sale'-- 13
omit, insert-- 14
`any other person who is a party to a sale of the article'. 15
of s 31 (Incorrect pricing of prepacked article) 16
Amendment
Clause 11. Section 31(1), after `article', fourth mention-- 17
insert-- 18
`(without any packaging or other thing that is not part of the article)'. 19
of s 42 (Requirement for servicing licence) 20
Amendment
Clause 12.(1) Section 42(2)-- 21
renumber as section 42(3). 22
(2) Section 42(1)-- 23
omit, insert-- 24
s 13 9 s 15
Trade Measurement Amendment
`42.(1) A person must not test a batch of measuring instruments or 1
certify or purport to certify a measuring instrument unless the person is the 2
holder of a servicing licence or an employee of the holder of a servicing 3
licence. 4
Maximum penalty--$20 000. 5
`(2) A person who is the holder of a servicing licence, or an employee of 6
the holder of a servicing licence, must comply with the conditions of the 7
licence. 8
Maximum penalty--$20 000.'. 9
of s 44 (Application for licence) 10
Amendment
Clause 13.(1) Section 44(2) and (3)-- 11
renumber as section 44(3) and (4). 12
(2) Section 44-- 13
insert-- 14
`(2) However, if 2 or more persons who carry on business together as 15
partners join in making an application, the licensing authority may only 16
grant a single licence to the joint applicants.'. 17
of s 60 (Powers of entry etc.) 18
Amendment
Clause 14. Section 60(1)(b), from `enable' to `search it'-- 19
omit, insert-- 20
`enable the inspector-- 21
(i) to enter and search it; or 22
(ii) to weigh or measure it and its load'. 23
of s 61 (Powers in relation to measuring instruments) 24
Amendment
Clause 15.(1) Section 61-- 25
insert-- 26
s 16 10 s 17
Trade Measurement Amendment
`(2) Also, the inspector may record the details of any measuring 1
instrument that is examined or tested under this section in the way the 2
inspector considers appropriate, including by filming or photographing.'. 3
of s 62 (Powers in relation to articles) 4
Amendment
Clause 16.(1) Section 62(1)(a), after `examine'-- 5
insert-- 6
`and measure'. 7
(2) Section 62-- 8
insert-- 9
`(4) Also, the inspector may record the details of any article that is 10
examined or measured under this section in the way the inspector considers 11
appropriate, including by filming or photographing.'. 12
of s 76 (Evidence--prepacked articles) 13
Amendment
Clause 17.(1) Section 76, `prima facie'-- 14
omit. 15
(2) Section 76(4)-- 16
renumber as section 76(5). 17
(3) After section 76(3)-- 18
insert-- 19
`(4) A batch number on a prepacked article is evidence of the matters 20
indicated by the number, including for example, the date and place the article 21
was packed and who packed it.'. 22
(4) Section 76-- 23
insert-- 24
`(6) In this section-- 25
"batch number" means a number marked on a prepacked article in 26
accordance with a system of numbers, letters or symbols or any 27
combination of numbers, letters and symbols, used by the person 28
s 18 11 s 18
Trade Measurement Amendment
packing the article to mark the article to indicate when and where it was 1
packed and who packed it.'. 2
of s 80 (Regulation-making power) 3
Amendment
Clause 18. Section 80(2)(g), after `of a'-- 4
insert-- 5
`certified,'. 6
7
© State of Queensland 1999
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