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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Trade Measurement
Legislation Repeal Bill 2009
Queensland
Trade Measurement Legislation Repeal
Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Words have meanings given by repealed Acts. . . . . . . . . . . . . . . 5
5 Acts Interpretation Act, s 20 not limited . . . . . . . . . . . . . . . . . . . . 5
Part 2 Repeals
6 Repeal of Trade Measurement Act 1990 and Trade
Measurement Administration Act 1990 . . . . . . . . . . . . . . . . . . . . 5
Part 3 Transitional provisions
7 Application of repealed Acts to continuing matters . . . . . . . . . . . 6
8 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Infringement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Disciplinary actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Seized measuring instruments and other things . . . . . . . . . . . . . 8
13 Unpaid fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Disclosure of information about continuing matters . . . . . . . . . . . 9
15 Reference to a repealed Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 4 Miscellaneous
16 Transfer of registers and other information. . . . . . . . . . . . . . . . . . 10
17 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 5 Amendment of Acts and subordinate legislation
18 Amendment of Acts and subordinate legislation . . . . . . . . . . . . . 11
Schedule Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Agricultural Standards Act 1994. . . . . . . . . . . . . . . . . . . . . . . . . . 12
Trade Measurement Legislation Repeal Bill 2009
Contents
Agricultural Standards Regulation 1997. . . . . . . . . . . . . . . . . . . . 12
Fair Trading Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Fisheries (Coral Reef Fin Fish) Management Plan 2003 . . . . . . . 13
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 14
State Penalties Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . 14
State Penalties Enforcement Regulation 2000 . . . . . . . . . . . . . . . 14
Statutory Instruments Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Statutory Instruments Regulation 2002 . . . . . . . . . . . . . . . . . . . . 15
Transport Operations (Road Use Management) Act 1995 . . . . . . 15
Transport Operations (Road Use Management--Mass,
Dimensions and Loading) Regulation 2005 . . . . . . . . . . . . . . . . . 16
Page 2
2009
A Bill
for
An Act to repeal the Trade Measurement Act 1990 and the Trade
Measurement Administration Act 1990 and to make particular
consequential amendments to other legislation
Trade Measurement Legislation Repeal Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Trade Measurement Legislation 4
Repeal Act 2009. 5
2 Commencement 6
This Act, other than section 16, commences on a day to be 7
fixed by proclamation. 8
3 Definitions 9
In this Act-- 10
commencement means the commencement of this Act. 11
Commonwealth law means the National Measurement Act 12
1960 (Cwlth). 13
continuing matter means-- 14
(a) proceedings mentioned in section 8; or 15
(b) an infringement notice offence mentioned in section 9; 16
or 17
(c) a disciplinary action mentioned in section 10; or 18
(d) a review mentioned in section 11; or 19
(e) a seized measuring instrument, record, article or other 20
thing mentioned in section 12; or 21
(f) an unpaid fee mentioned in section 13; or 22
(g) anything done or not done under the repealed Acts in 23
relation to a matter mentioned in paragraph (a), (b), (c), 24
(d), (e) or (f). 25
Page 4
Trade Measurement Legislation Repeal Bill 2009
Part 2 Repeals
[s 4]
information includes document. 1
National Measurement Institute means the National 2
Measurement Institute established under the Commonwealth 3
law, section 17. 4
repealed Acts means the repealed TMA and the repealed 5
TMAA. 6
repealed TMA means the Trade Measurement Act 1990 as in 7
force from time to time before its repeal. 8
repealed TMAA means the Trade Measurement 9
Administration Act 1990 as in force from time to time before 10
its repeal. 11
4 Words have meanings given by repealed Acts 12
Words defined under the repealed Acts and used in this Act 13
have the same meanings in this Act as they had under the 14
repealed Acts. 15
5 Acts Interpretation Act, s 20 not limited 16
This Act does not limit, and is not limited by, the Acts 17
Interpretation Act 1954, section 20. 18
Part 2 Repeals 19
6 Repeal of Trade Measurement Act 1990 and Trade 20
Measurement Administration Act 1990 21
The following Acts are repealed-- 22
· Trade Measurement Act 1990, No. 68 23
· Trade Measurement Administration Act 1990, No. 70. 24
Page 5
Trade Measurement Legislation Repeal Bill 2009
Part 3 Transitional provisions
[s 7]
Part 3 Transitional provisions 1
7 Application of repealed Acts to continuing matters 2
(1) For the purpose of the administration and enforcement of the 3
repealed Acts in relation to continuing matters, the repealed 4
Acts and the legislation mentioned in part 5 continue to apply 5
as if this Act had not commenced. 6
(2) Without limiting subsection (1)-- 7
(a) a chief inspector of trade measurement or a staff 8
member may be employed under the repealed TMAA, 9
section 5(1); and 10
(b) the employment of a chief inspector of trade 11
measurement or a staff member under the repealed 12
TMAA, section 5(1), in force immediately before the 13
commencement, continues in force from the 14
commencement until it ends; and 15
(c) the chief inspector may authorise a person to take 16
proceedings for offences as mentioned in the repealed 17
TMAA, section 13(1); and 18
(d) an authorisation under the repealed TMAA, section 19
13(1), in force immediately before the commencement, 20
continues in force from the commencement until it ends; 21
and 22
(e) the chief inspector may delegate the chief inspector's 23
powers as mentioned in the repealed TMAA, section 21; 24
and 25
(f) a delegation under the repealed TMAA, section 21, in 26
force immediately before the commencement, continues 27
in force from the commencement until it ends. 28
(3) In this section-- 29
staff member means a person, other than a chief inspector of 30
trade measurement, mentioned in the repealed TMAA, section 31
5(1). 32
Page 6
Trade Measurement Legislation Repeal Bill 2009
Part 3 Transitional provisions
[s 8]
8 Offences 1
(1) This section applies if a person is alleged to have committed 2
an offence against either of the repealed Acts before the 3
commencement. 4
(2) Despite the Criminal Code, section 11, proceedings for the 5
offence may be started or continued, and the court may hear 6
and decide the proceedings, as if this Act had not commenced. 7
9 Infringement notices 8
(1) This section applies if-- 9
(a) a person is alleged to have committed an infringement 10
notice offence before the commencement; and 11
(b) at the commencement, an infringement notice for the 12
offence had not been served on the person. 13
(2) Despite the Criminal Code, section 11, an infringement notice 14
for the offence may be served on the person and the State 15
Penalties Enforcement Act 1999 applies as if this Act had not 16
commenced. 17
(3) In this section-- 18
infringement notice means an infringement notice under the 19
State Penalties Enforcement Act 1999, section 15. 20
infringement notice offence means an offence mentioned in 21
the State Penalties Enforcement Regulation 2000, schedule 1, 22
as in force before the commencement, entry for Trade 23
Measurement Act 1990, Trade Measurement (Measuring 24
Instruments) Regulation 1991, Trade Measurement 25
(Miscellaneous) Regulation 1991 or Trade Measurement 26
(Weighbridges) Regulation 1991. 27
10 Disciplinary actions 28
(1) This section applies if-- 29
Page 7
Trade Measurement Legislation Repeal Bill 2009
Part 3 Transitional provisions
[s 11]
(a) the licensing authority had served a written notice on a 1
licensee under the repealed TMA, section 57 before the 2
commencement; and 3
(b) at the commencement, the licensing authority had not 4
taken disciplinary action under the repealed TMA, 5
section 58 against the licensee. 6
(2) The licensing authority may take disciplinary action under the 7
repealed TMA, section 58 against the licensee as if this Act 8
had not commenced. 9
11 Reviews 10
(1) Subsection (2) applies if-- 11
(a) immediately before the commencement a person could 12
have applied to QCAT under the repealed TMA, section 13
59 for the review of a decision of the licensing authority; 14
and 15
(b) the person has not made the application before the 16
commencement. 17
(2) The person may apply to QCAT for the review, and QCAT 18
may review the decision under the repealed TMA, as if this 19
Act had not commenced. 20
(3) Subsection (4) applies if-- 21
(a) a person has applied to QCAT under the repealed TMA, 22
section 59 before the commencement for the review of a 23
decision of the licensing authority; and 24
(b) the review has not been finally decided before the 25
commencement. 26
(4) QCAT may review, or continue to review, the decision under 27
the repealed TMA as if this Act had not commenced. 28
12 Seized measuring instruments and other things 29
(1) This section applies if, before the commencement, an 30
inspector seized-- 31
Page 8
Trade Measurement Legislation Repeal Bill 2009
Part 3 Transitional provisions
[s 13]
(a) a measuring instrument, or records concerning a 1
measuring instrument or its use, under the repealed 2
TMA, section 61(1); or 3
(b) an article or other thing under the repealed TMA, 4
section 62(2). 5
(2) The inspector may retain, return, or dispose of the instrument, 6
records, article or other thing under the repealed TMA as if 7
this Act had not commenced. 8
(3) Subsection (2) is subject to section 14(3). 9
13 Unpaid fees 10
(1) This section applies if, immediately before the 11
commencement, a fee payable under either of the repealed 12
Acts has not been paid within the period prescribed under 13
either of the repealed Acts for payment of the fee. 14
(2) The fee may be recovered by the State as a debt. 15
(3) In this section-- 16
fee includes charge or expense. 17
14 Disclosure of information about continuing matters 18
(1) This section applies to information obtained by the chief 19
inspector about a continuing matter. 20
(2) The chief inspector may disclose the information to the 21
National Measurement Institute for the purpose of the 22
administration or enforcement of the Commonwealth law. 23
(3) If the information relates to a seized thing mentioned in 24
section 12, the chief inspector may allow the National 25
Measurement Institute to inspect the thing for the purpose of 26
the administration or enforcement of the Commonwealth law. 27
(4) This section applies despite any other Act. 28
Page 9
Trade Measurement Legislation Repeal Bill 2009
Part 4 Miscellaneous
[s 15]
15 Reference to a repealed Act 1
A reference in another Act or document to either of the 2
repealed Acts may, if the context permits, be taken as a 3
reference to the Commonwealth law. 4
Part 4 Miscellaneous 5
16 Transfer of registers and other information 6
(1) This section applies to-- 7
(a) the register of the prescribed particulars relating to 8
licences mentioned in the Trade Measurement Act 1990, 9
section 47; and 10
(b) information obtained by the chief inspector as the 11
administering authority or licensing authority. 12
(2) The chief inspector may transfer the register and the 13
information to the National Measurement Institute for the 14
purpose of the administration or enforcement of the 15
Commonwealth law. 16
(3) This section applies despite any other Act. 17
17 Expiry of Act 18
This Act expires on 1 July 2011. 19
Page 10
Trade Measurement Legislation Repeal Bill 2009
Part 5 Amendment of Acts and subordinate legislation
[s 18]
Part 5 Amendment of Acts and 1
subordinate legislation 2
18 Amendment of Acts and subordinate legislation 3
The schedule amends the Acts and subordinate legislation 4
mentioned in it. 5
Page 11
Trade Measurement Legislation Repeal Bill 2009
Schedule
Schedule Consequential amendments 1
section 18 2
Agricultural Standards Act 1994 3
1 After part 8-- 4
insert-- 5
`Part 9 Transitional provision for Trade 6
Measurement Legislation 7
Repeal Act 2009 8
`75 Amendment of regulation by Trade Measurement 9
Legislation Repeal Act 2009 does not affect powers of 10
Governor in Council 11
`The amendment of the Agricultural Standards Regulation 12
1997 by the Trade Measurement Legislation Repeal Act 2009 13
does not affect the power of the Governor in Council to 14
further amend the regulation or to repeal it.'. 15
Agricultural Standards Regulation 1997 16
1 Section 49, second footnote, `Trade Measurement Act 17
1990'-- 18
omit, insert-- 19
`National Measurement Act 1960 (Cwlth)'. 20
Page 12
Trade Measurement Legislation Repeal Bill 2009
Schedule
Fair Trading Act 1989 1
1 Section 5, definition inspector, paragraph (c)-- 2
omit. 3
Fisheries Act 1994 4
1 Part 12-- 5
insert-- 6
`Division 7 Transitional provision for Trade 7
Measurement Legislation Repeal 8
Act 2009 9
`258 Amendment of fisheries management plan by Trade 10
Measurement Legislation Repeal Act 2009 does not affect 11
powers of chief executive or Governor in Council 12
`The amendment of the Fisheries (Coral Reef Fin Fish) 13
Management Plan 2003 by the Trade Measurement 14
Legislation Repeal Act 2009 does not affect-- 15
(a) the power of the chief executive to further amend the 16
management plan or to repeal it; or 17
(b) the power of the Governor in Council to approve a 18
matter mentioned in paragraph (a).'. 19
Fisheries (Coral Reef Fin Fish) Management Plan 2003 20
1 Section 121(3), `Trade Measurement Act 1990'-- 21
omit, insert-- 22
`National Measurement Act 1960 (Cwlth)'. 23
Page 13
Trade Measurement Legislation Repeal Bill 2009
Schedule
Petroleum and Gas (Production and Safety) Act 2004 1
1 Section 630-- 2
omit. 3
State Penalties Enforcement Act 1999 4
1 Part 10-- 5
insert-- 6
`Division 4 Transitional provision for Trade 7
Measurement Legislation Repeal 8
Act 2009 9
`180 Amendment of regulation by Trade Measurement 10
Legislation Repeal Act 2009 does not affect powers of 11
Governor in Council 12
`The amendment of the State Penalties Enforcement 13
Regulation 2000 by the Trade Measurement Legislation 14
Repeal Act 2009 does not affect the power of the Governor in 15
Council to further amend the regulation or to repeal it.'. 16
State Penalties Enforcement Regulation 2000 17
1 Schedule 1, entries for Trade Measurement Act 1990, 18
Trade Measurement (Measuring Instruments) Regulation 19
1991, Trade Measurement (Miscellaneous) Regulation 20
1991 and Trade Measurement (Weighbridges) Regulation 21
1991-- 22
omit. 23
Page 14
Trade Measurement Legislation Repeal Bill 2009
Schedule
Statutory Instruments Act 1992 1
1 Part 10-- 2
insert-- 3
`Division 3 Transitional provision for Trade 4
Measurement Legislation Repeal 5
Act 2009 6
`63 Amendment of regulation by Trade Measurement 7
Legislation Repeal Act 2009 does not affect powers of 8
Governor in Council 9
`The amendment of the Statutory Instruments Regulation 10
2002 by the Trade Measurement Legislation Repeal Act 2009 11
does not affect the power of the Governor in Council to 12
further amend the regulation or to repeal it.'. 13
Statutory Instruments Regulation 2002 14
1 Schedule 3, entries for Trade Measurement 15
Administration Regulation 1991, Trade Measurement 16
(Measuring Instruments) Regulation 1991, Trade 17
Measurement (Miscellaneous) Regulation 1991, Trade 18
Measurement (Prepacked Articles) Regulation 1991 and 19
Trade Measurement (Weighbridges) Regulation 1991-- 20
omit. 21
Transport Operations (Road Use Management) Act 22
1995 23
1 Chapter 7-- 24
insert-- 25
Page 15
Trade Measurement Legislation Repeal Bill 2009
Schedule
`Part 14 Transitional provision for Trade 1
Measurement Legislation 2
Repeal Act 2009 3
`220 Amendment of regulation by Trade Measurement 4
Legislation Repeal Act 2009 does not affect powers of 5
Governor in Council 6
`The amendment of the Transport Operations (Road Use 7
Management--Mass, Dimensions and Loading) Regulation 8
2005 by the Trade Measurement Legislation Repeal Act 2009 9
does not affect the power of the Governor in Council to 10
further amend the regulation or to repeal it.'. 11
Transport Operations (Road Use Management--Mass, 12
Dimensions and Loading) Regulation 2005 13
1 Section 20(2), definition servicing licensee, `Trade 14
Measurement Act 1990'-- 15
omit, insert-- 16
`National Measurement Act 1960 (Cwlth)'. 17
2 Section 20(2), definition trade measurement inspector-- 18
omit, insert-- 19
`trade measurement inspector means a trade measurement 20
inspector under the National Measurement Act 1960 (Cwlth).'. 21
© State of Queensland 2009
Page 16
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