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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Trade Measurement (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. New sections 3A and 3B inserted 2
3A. Determining certain quantities 2
3B. References to functions 3
5. Inspector's notice to remedy contravention 3
6. New sections 7A and 7B inserted 4
7A. Use of class 4 measuring instruments 4
7B. Use of measuring instruments for pre-packed articles 5
7. Amendments to section 8 5
8. Amendment to section 9 6
9. Amendments to section 10 6
10. Incorrect measurement 6
11. Measurement of pre-packed articles 7
12. Servicing licence 7
42. Requirement for servicing licence 7
13. Joint application for licence 7
14. Appeals 8
15. Amendment to section 60 8
16. Amendment to section 61 9
17. Amendments to section 62 9
18. Batch number 9
19. Amendment to section 80 10
20. Insertion of new section 14 in the Trade Measurement
(Administration) Act 1995 10
14. Appeals tribunal 10
NOTES 11
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PARLIAMENT OF VICTORIA
Initiated in Assembly 15 March 2000
A BILL
to amend the Trade Measurement Act 1995 to adopt nationally
agreed reforms, to make minor amendments to that Act and the Trade
Measurement (Administration) Act 1995 and for other purposes.
Trade Measurement (Amendment) Act
2000
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the Trade Measurement Act 1995
to adopt nationally agreed reforms; and
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(b) to make minor amendments to the Trade
Measurement Act 1995 and the Trade
Measurement (Administration) Act 1995
relating to applications for review to the
5 Victorian Civil and Administrative Tribunal.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
No. 59/1995.
10 In section 3(1) of the Trade Measurement Act
Reprint No. 1
1995--
as at
1 September
(a) insert--
1999.
' "class 4 measuring instrument" means a
measuring instrument of an approved
15 pattern that--
(a) has not less than 100 but not more
than 1000 verification scale
intervals, each of which is not less
than 5 grams; and
20 (b) is marked with a symbol that is an
oval of any shape, or 2 parallel
horizontal lines that are joined at
each end by a semi-circle, with
4 vertical lines in it;';
25 (b) for the definition of "measurement"
substitute--
' "measurement" means a determination of
number or physical quantity, other than
for descriptive purposes only;'.
30 4. New sections 3A and 3B inserted
For section 3(2) and (3) of the Trade
Measurement Act 1995 substitute--
"3A. Determining certain quantities
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For the purposes of this Act--
(a) time interval not related to the calendar
is a physical quantity; and
(b) time interval related to the calendar is
5 not a physical quantity; and
(c) any packaging or other thing that is not
part of an article is to be disregarded
when determining a physical quantity.
3B. References to functions
10 In this Act--
(a) a reference to a function includes a
reference to a power, authority and
duty; and
(b) a reference to the exercise of a function
15 includes, where the function is a duty, a
reference to the performance of the
duty.".
5. Inspector's notice to remedy contravention
For section 7(3) and (4) of the Trade
20 Measurement Act 1995 substitute--
"(3) If an inspector finds a measuring instrument
that is being used in contravention of sub-
section (1) or (2), the inspector may give to
the owner or user of the measuring
25 instrument a written notice--
(a) stating the measuring instrument--
(i) does not have an inspector's mark
or a licensee's mark on it; or
(ii) for a weighbridge--does not
30 comply with stated requirements
of the regulation relating to
weighbridges; and
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(b) requiring the person to remedy the
contravention within a stated period of
not more than 28 days.
(4) If the person complies with the notice, the
5 person is taken not to have committed an
offence against this section in relation to the
circumstances to which the notice relates.
(5) This section does not apply to the use of a
measuring instrument to determine a
10 quantity of articles by number of the articles.
(6) The regulations may provide for the
circumstances in which the use for trade of a
measuring instrument that has been repaired
or modified, or commissioned, is permitted
15 even though it does not bear an inspector's
mark or a licensee's mark, pending its
verification or certification.".
6. New sections 7A and 7B inserted
After section 7 of the Trade Measurement Act
20 1995 insert--
"7A. Use of class 4 measuring instruments
A person must not use a class 4 measuring
instrument for trade, other than--
(a) as airport baggage scales; or
25 (b) for freight scales with a capacity of up
to 2000 kg; or
(c) for weighing garbage; or
(d) for weighing earth, sand, gravel or
other similar material; or
30 (e) as a crane-weigher; or
(f) for weighing timber in log form; or
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(g) for another purpose prescribed under a
regulation.
Penalty:
(a) if the class 4 measuring instrument is a
5 weighbridge--100 penalty units;
(b) in any other case--50 penalty units.
7B. Use of measuring instruments for pre-
packed articles
A person must not use a measuring
10 instrument for measuring pre-packed articles
on premises in which articles are pre-packed
unless at least 1 measuring instrument on the
premises is approved for trade use under the
National Measurement Act, complies with
15 this Act, and is suitable for measuring the
articles to be pre-packed.
Penalty: 50 penalty units.".
7. Amendments to section 8
(1) In section 8(1) of the Trade Measurement Act
20 1995 omit "or unjust".
(2) For section 8(4) of the Trade Measurement Act
1995 substitute--
"(4) If an inspector finds a measuring instrument
being used for trade that is incorrect or is
25 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--
(i) the measuring instrument is
30 incorrect; or
(ii) the way the person is using it is
unjust; and
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(b) requiring the person to take stated steps
to stop contravening the relevant sub-
section within a stated period, of not
more than 28 days.
5 (5) If the person complies with the notice, the
person is taken not to have committed an
offence against this section in relation to the
circumstances to which the notice relates.
(6) If a person commits an offence against this
10 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.".
15 8. Amendment to section 9
In section 9(1) of the Trade Measurement Act
1995 omit "or unjust".
9. Amendments to section 10
(1) In section 10(1) of the Trade Measurement Act
20 1995, for "of reference standards of measurement
as may be" substitute "and denominations of
reference standards of measurement as the
administering authority decides are".
(2) In section 10(2) of the Trade Measurement Act
25 1995, after "classes" insert "and denominations,
decided by the administering authority,".
10. Incorrect measurement
In section 23 of the Trade Measurement Act
1995--
30 (a) after "operates the measuring instrument"
insert "or decides the measurement";
(b) in paragraph (a), for "the other party to the
sale" substitute "any other person who is a
party to a sale of the article".
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11. Measurement of pre-packed articles
In section 31(1) of the Trade Measurement Act
1995, after "reference to the measurement of the
article" insert "(without any packaging or other
5 thing that is not part of the article)".
12. Servicing licence
For section 42 of the Trade Measurement Act
1995 substitute--
"42. Requirement for servicing licence
10 (1) A person must not test a batch of measuring
instruments or certify or purport to certify a
measuring instrument unless the person is
the holder of a servicing licence or an
employee of the holder of a servicing
15 licence.
Penalty: 200 penalty units.
(2) A person who is the holder of a servicing
licence, or an employee of the holder of a
servicing licence, must comply with the
20 conditions of the licence.
Penalty: 200 penalty units.
(3) It is a defence in proceedings against an
employee of a licensee in respect of a failure
to comply with a condition of a servicing
25 licence if the employee establishes that the
licensee failed to make the employee aware
of the condition.".
13. Joint application for licence
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For section 44(2) and (3) of the Trade
Measurement Act 1995 substitute--
"(2) However, if 2 or more persons who carry on
business together as partners join in making
5 an application, the licensing authority may
only grant a single licence to the joint
applicants.
(3) The application must be accompanied by the
application fee prescribed under the
10 Administration Act.
(4) The licensing authority may require an
applicant to provide specified particulars (in
writing) and documents relating to the
application, and may refuse the application if
15 they are not provided.".
14. Appeals
(1) For the heading to Division 4 of Part 6 of the
Trade Measurement Act 1995 substitute--
"Division 4--Appeals".
20 (2) In section 59 of the Trade Measurement Act
1995--
(a) in sub-section (1), for "apply to the Victorian
Civil and Administrative Tribunal for review
of" substitute "appeal to the appeals tribunal
25 under the Administration Act against".
(b) in sub-section (2) for "An application for
review must be made" substitute "An appeal
must be commenced".
15. Amendment to section 60
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In section 60(1)(b) of the Trade Measurement
Act 1995, for "the inspector to enter and search it;
and" substitute--
"the inspector--
5 (i) to enter and search it; or
(ii) to weigh or measure it and its load; and".
16. Amendment to section 61
After section 61 of the Trade Measurement Act
1995 insert--
10 "(2) Also, the inspector may record the details of
any measuring instrument that is examined
or tested under this section in the way the
inspector considers appropriate, including by
filming or photographing.".
15 17. Amendments to section 62
(1) In section 62(1)(a) of the Trade Measurement
Act 1995, after "examine" insert "and measure".
(2) After section 62(3) of the Trade Measurement
Act 1995 insert--
20 "(4) Also, the inspector may record the details of
any article that is examined or measured
under this section in the way the inspector
considers appropriate, including by filming
or photographing.".
25 18. Batch number
(1) In section 76(1), (2) and (3) of the Trade
Measurement Act 1995 omit "prima facie".
(2) For section 76(4) of the Trade Measurement Act
1995 substitute--
30 '(4) A batch number on a pre-packed article is
evidence of the matters indicated by the
number, including for example, the date and
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place the article was packed and who packed
it.
(5) The fact that an article contained in a
package is found exposed for sale or in the
5 possession of a person for sale is evidence
that the article is a pre-packed article.
(6) In this section, "batch number" means a
number marked on a pre-packed article in
accordance with a system of numbers, letters
10 or symbols or any combination of numbers,
letters and symbols, used by the person
packing the article to mark the article to
indicate when and where it was packed and
who packed it.'.
15 19. Amendment to section 80
In section 80(2)(g) of the Trade Measurement
Act 1995, before "verified" insert "certified,".
20. Insertion of new section 14 in the Trade Measurement
(Administration) Act 1995
No. 60/1995.
20 After section 13 of the Trade Measurement
Reprint No. 1
(Administration) Act 1995 insert--
as at
12 August
"14. Appeals tribunal
1999.
(1) For the purposes of section 59 of the Trade
Measurement Act 1995, the appeals
25 tribunal is the Victorian Civil and
Administrative Tribunal.
(2) If a provision of the Victorian Civil and
Administrative Tribunal Act 1998 is
inconsistent with a provision of the Trade
30 Measurement Act 1995 or of this Act, the
provision of the Trade Measurement Act
1995 or of this Act prevails.".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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