UTILITY METERS (METROLOGICAL CONTROLS) BILL 2002

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UTILITY METERS (METROLOGICAL CONTROLS) BILL 2002

PARLIAMENT OF VICTORIA Utility Meters (Metrological Controls) Act 2002 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose and outline of Act 1 2. Commencement 3 3. Definitions 3 4. Meaning of use of utility meter for trade 7 5. Application of Act to Crown 7 6. Application of Act and exemptions 8 PART 2--ADMINISTRATION 9 7. Administration of Act 9 8. Functions of administering authority under Commonwealth regulations 9 9. Powers of the administering authority 9 PART 3--USE OF UTILITY METERS FOR TRADE 11 10. Utility meters used for trade must be marked 11 11. Unjust measurement 12 12. Supplying incorrect utility meter 13 PART 4--RE-VERIFICATION AND CERTIFICATION OF UTILITY METERS 14 13. Provision and maintenance of standards 14 14. Re-verification by inspectors 14 15. Certification by licensees 15 16. Requirements for utility meters 15 17. Standards of measurement to be used 16 18. Responsibilities of administering authority concerning re-verification and certification 16 19. Prohibition on use if re-verification cannot be carried out 17 20. Rejection of utility meter by inspector--obliteration of marks 18 21. Duty of repairers to obliterate marks 18 22. Marks on labels affixed to utility meters 19 23. Making mark without authority 19 24. Other offences concerning marks 20 i 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Clause Page PART 5--LICENSING 21 25. Requirement for servicing licence 21 26. Application for servicing licence 21 27. Grounds for refusal 22 28. Licensee to be allotted a mark 23 29. Register of servicing licences 23 30. Conditions may be imposed on servicing licences 23 31. Conditions on all servicing licences 24 32. Conditions need not be endorsed on servicing licence 25 33. Periodic licence fee 25 34. Cancellation for non-payment of licence fee 25 35. Surrender of servicing licence 25 36. Order preventing employment of certain persons 26 37. Grounds for disciplinary action 27 38. Notice to licensee of grounds for disciplinary action 27 39. Taking of disciplinary action 28 40. Review by Tribunal 29 PART 6--ENFORCEMENT 30 41. Inspector's certificates of authority 30 42. Inspector's certificate of authority to be produced 30 43. Powers of entry 30 44. Search warrant 30 45. Powers in relation to utility meters 32 46. Return of seized property 33 47. Obstruction of inspector 34 48. Protection against self-incrimination 35 49. Entry to be reported to the administering authority 35 50. Register of exercise of powers of entry 35 51. Complaints 36 52. Confidentiality 36 53. Service 37 54. Power to serve a notice 38 55. Form of notice 38 56. Withdrawal of notice 38 57. Penalties to be paid for offences under infringement notices 39 58. Payment of penalty 39 59. Notice not to prejudice further proceedings 39 60. Time for instituting proceedings for offence 40 61. Increased penalty for body corporate 40 62. Compensation for loss caused by offence 40 63. Offence by employee--liability of employer 41 64. Offence by body corporate--liability of directors 41 65. False or misleading statements 42 66. Evidence--signature of Minister or administering authority 42 ii 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Clause Page 67. Certificate evidence 42 68. Evidence of use of utility meter for trade 43 69. Double jeopardy 43 PART 7--GENERAL 45 70. Codes of Conduct 45 71. Certification fees 46 72. Other fees and charges may be prescribed 46 73. Recovery of unpaid fees and charges 47 74. Regulations 47 PART 8--CONSEQUENTIAL 52 75. New section 171A inserted in Water Act 1989 52 171A. Limitation on power to make by-laws 52 ENDNOTES 53 iii 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

PARLIAMENT OF VICTORIA Initiated in Assembly 9 May 2002 A BILL to enact trade measurement legislation in respect of utility meters, to consequentially amend the Water Act 1989 and for other purposes. Utility Meters (Metrological Controls) Act 2002 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose and outline of Act (1) The purpose of this Act is to enact trade measurement legislation in respect of utility 5 meters in Victoria. 1 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 1--PRELIMINARY s. 1 (2) In outline this Act-- · provides for a scheme similar to the National Model Uniform Trade Measurement Legislation to apply to 5 utility meters used for trade; · enables the scheme to be applied to utility meters used in the gas industry, the electricity industry and the water industry from a relevant prescribed date; · 10 provides for transitional arrangements in respect of existing and new utility meters; · provides for the Director, Trade Measurement Victoria to be the administering authority and the licensing 15 authority; · provides for verification of utility meters in specified cases and for re-verification and certification of all utility meters; · provides for the granting of servicing 20 licences; · provides for the enforcement of the Act, including the appointment and powers of inspectors and the issue of infringement notices; · 25 enables the making of codes of conduct and provides for the approval of codes of conduct operating under existing arrangements; · empowers the making of regulations for 30 the purposes of the Act; · consequentially amends the Water Act 1989. (3) Sub-section (2) is intended only as a guide to readers as to the general scheme of this Act. 2 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 1--PRELIMINARY s. 2 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 5 1 January 2003, it comes into operation on that day. 3. Definitions (1) In this Act-- "administering authority" means the Director; 10 "approved pattern", in relation to a utility meter, means a pattern approved for the utility meter-- (a) under section 19A of the National Measurement Act, being an approval 15 that-- (i) is currently in force under that provision; or (ii) has expired or been cancelled (but not withdrawn) under the National 20 Measurement Act and was in force when the utility meter was first verified or certified; or (b) by the administering authority, being an approval that-- 25 (i) is currently in force under section 6(3); and (ii) only applies if the utility meter is being used for trade on the relevant prescribed date; or 3 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 1--PRELIMINARY s. 3 (c) if a system for approval under section 19A of the National Measurement Act is not in force, by the administering authority, being an 5 approval that is currently in force under section 6(3); "Australian legal unit of measurement" has the same meaning as in the National Measurement Act; 10 "authorised officer" means a person or body appointed under section 9(1)(d); "certify" has the meaning given by section 15; "corresponding law" means a law of the Commonwealth or of another State or a 15 Territory of the Commonwealth that corresponds to this Act; "Director" means the person for the time being appointed to be the Director, Trade Measurement Victoria for the purposes of 20 the Trade Measurement (Administration) Act 1995; "document" includes any record of information, whether or not the information is available only after the record is subjected to 25 electronic or other process; "inspector" means a person or body appointed under section 9(1)(a); "inspector's mark" means-- (a) the mark approved by the administering 30 authority for use by an inspector in re-verifying a utility meter; or (b) such a mark under a corresponding law; 4 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 1--PRELIMINARY s. 3 "licensee's mark" means-- (a) the mark approved by the licensing authority for use by or on behalf of the licensee in certifying a measuring 5 instrument; or (b) such a mark under a corresponding law; "licensing authority" means the Director; "measurement" means a determination of number or physical quantity, other than for 10 descriptive purposes only; "measuring instrument" has the same meaning as in the National Measurement Act; "National Measurement Act" means the National Measurement Act 1960 of the 15 Commonwealth; "record" includes any document; "reference standard of measurement" has the same meaning as in the National Measurement Act; 20 "relevant prescribed date" means the relevant prescribed date under section 6(2); "re-verify" has the meaning given by section 14; "servicing licence" means a servicing licence in force under Part 5; 25 "State primary standard of measurement" has the same meaning as in the National Measurement Act; "Tribunal" means the Victorian Civil and Administrative Tribunal established under 30 the Victorian Civil and Administrative Tribunal Act 1998; 5 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 1--PRELIMINARY s. 3 "utility meter" means a measuring instrument that is-- (a) a gas meter; or (b) an electricity meter; or 5 (c) a water meter-- but does not include a utility meter that is included in a class of utility meters exempted from the operation of this Act by the regulations; 10 "verified", in relation to a utility meter, means verified-- (a) under the National Measurement Act; or (b) by the administering authority under 15 section 6(4), being a verification that only applies if the utility meter is being used for trade on the relevant prescribed date; or (c) if a system for verification under the 20 National Measurement Act is not in force, by the administering authority, being a verification that is currently in force under section 6(4). (2) For the purposes of this Act-- 25 (a) time interval not related to the calendar is a physical quantity; and (b) time interval related to the calendar is not a physical quantity. (3) In this Act and the regulations-- 30 (a) a reference to a function includes a reference to a power, authority and duty; and 6 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 1--PRELIMINARY s. 4 (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. 4. Meaning of use of utility meter for trade 5 (1) For the purposes of this Act and the regulations, a person uses a utility meter for trade if the person uses it, has it in possession for use, or makes it available for use, to make a measurement for the purpose of determining-- 10 (a) the consideration in respect of a transaction; or (b) the amount payable as a tax, rate, toll, duty, charge or other impost (however described). (2) In addition, a person is to be regarded as using a 15 utility meter for trade if-- (a) the person makes the utility meter available on premises for use by a party to a transaction that takes place on those premises; and 20 (b) the instrument makes a measurement of a kind that is used for the purpose of determining the consideration in respect of the transaction even though a measurement actually made with that instrument is not 25 used for that purpose. (3) Despite sub-section (1), if a party to a transaction makes a utility meter available for use in connection with the transaction, another party to the transaction who uses the utility meter in that 30 connection is not to be regarded as using the utility meter for trade. 5. Application of Act to Crown (1) This Act binds the Crown in all its capacities, in so far as the legislative power of the Parliament 35 permits. 7 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 1--PRELIMINARY s. 6 (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence. 6. Application of Act and exemptions (1) This Act applies to utility meters used for trade in 5 an industry as from the relevant prescribed date for that industry prescribed under sub-section (2). (2) The regulations may prescribe the relevant prescribed date in respect of-- (a) the gas industry; 10 (b) the electricity industry; (c) the water industry. (3) The administering authority may give an approval subject to any conditions the administering authority considers appropriate for the purposes of 15 paragraph (b) or (c) of the definition of "approved pattern" in section 3(1). (4) The administering authority may make a verification subject to any conditions the administering authority considers appropriate for 20 the purposes of paragraph (b) or (c) of the definition of "verification" in section 3(1). (5) The administering authority must publish a notice in the Government Gazette specifying the details of any approval under sub-section (3) or any 25 verification under sub-section (4). (6) The regulations may exempt from the operation of this Act, or specified provisions of this Act, a specified person, matter, article or transaction or a specified class of persons, matters, articles or 30 transactions. _______________ 8 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 2--ADMINISTRATION s. 7 PART 2--ADMINISTRATION 7. Administration of Act Subject to the general direction and control of the Minister, the administering authority has the 5 administration of this Act. 8. Functions of administering authority under Commonwealth regulations Subject to the approval of the Minister, the administering authority may for the purposes of 10 this Act-- (a) hold an appointment made under the Commonwealth National Measurement Regulations; and (b) exercise any function conferred on the holder 15 of the appointment. 9. Powers of the administering authority (1) The powers of the administering authority for the purposes of this Act include the power to-- (a) with the approval of the Minister, appoint 20 any person or body to be an inspector for the purposes of this Act; (b) enter into an arrangement or agreement with any person or body to supply services, undertake inspection functions or perform 25 other functions under this Act; (c) appoint any person or body to be an authorised agent of the administering authority and to perform such functions on behalf of the administering authority as the 30 administering authority may specify in the instrument of appointment; 9 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 2--ADMINISTRATION s. 9 (d) appoint any person or body (whether or not an inspector) to be an authorised officer for the purposes of issuing infringement notices. (2) The administering authority may by an instrument 5 of delegation delegate to any person or body specified in sub-section (1) any function or power of the administering authority other than this power of delegation. __________________ 10 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 3--USE OF utility meters FOR TRADE s. 10 PART 3--USE OF UTILITY METERS FOR TRADE 10. Utility meters used for trade must be marked (1) A person who installs in or on any premises a utility meter for use for trade which does not bear 5 an inspector's mark or a licensee's mark is guilty of an offence. Penalty: 200 penalty units. (2) A person who uses a utility meter for trade is guilty of an offence unless the instrument bears an 10 inspector's mark or a licensee's mark. Penalty: 50 penalty units. (3) If an inspector finds a utility meter that is being used in contravention of sub-section (1) or (2), the inspector may give to the owner or user of the 15 utility meter a written notice-- (a) stating the utility meter does not have an inspector's mark or a licensee's mark on it; and (b) requiring the person to remedy the 20 contravention within a stated period of not more than 28 days. (4) 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 25 which the notice relates. (5) The regulations may provide for the circumstances in which the use for trade of a utility meter that has been repaired or modified, or commissioned, is permitted even though it does 30 not bear an inspector's mark or a licensee's mark, pending its re-verification or certification. 11 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 3--USE OF utility meters FOR TRADE s. 11 11. Unjust measurement (1) A person who uses for trade a utility meter that is incorrect is guilty of an offence. Penalty: 200 penalty units. 5 (2) A person who uses for trade a utility meter in a manner that is unjust is guilty of an offence. Penalty: 200 penalty units. (3) A person whose act or omission causes or is likely to cause a utility meter in use for trade to give a 10 measurement or other information that is incorrect is guilty of an offence if the person acted or omitted to act with the intention of causing that result or with reckless indifference to whether that result would be caused. 15 Penalty: 200 penalty units. (4) If an inspector finds a utility meter being used for trade that is incorrect or is being used in a way that is unjust, the inspector may give to the owner or user of the utility meter a written notice-- 20 (a) stating-- (i) the utility meter is incorrect; or (ii) the way the person is using it is unjust; and (b) requiring the person to take stated steps to 25 stop contravening the relevant sub-section within a stated period, of not more than 28 days. (5) If the person complies with the notice, the person is taken not to have committed an offence against 30 this section in relation to the circumstances to which the notice relates. 12 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 3--USE OF utility meters FOR TRADE s. 12 (6) If a person commits an offence against this 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 5 option of another party to the contract. 12. Supplying incorrect utility meter (1) For the purposes of this section, a utility meter is unacceptable for trade use if it is incorrect or is not of an approved pattern. 10 (2) If a utility meter that is unacceptable for trade use is used for trade, a person who sold, leased, hired or lent it to the person who used it for trade is guilty of an offence. Penalty: 200 penalty units. 15 (3) It is a defence in proceedings for an offence against this section if it is established-- (a) that the utility meter was not unacceptable for trade use when the defendant parted with possession of it; or 20 (b) that the defendant did not know and had no reason to suspect that the utility meter would be used for trade; or (c) that the person who purchased the utility meter or took it on lease, hire or loan was 25 informed in writing at the time that the utility meter was unacceptable for trade use. _______________ 13 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 4--RE-VERIFICATION AND CERTIFICATION OF utility meters s. 13 PART 4--RE-VERIFICATION AND CERTIFICATION OF UTILITY METERS 13. Provision and maintenance of standards (1) It is the responsibility of the administering 5 authority to arrange for the provision, custody and maintenance of-- (a) State primary standards of measurement; and (b) classes and denominations of reference standards of measurement-- 10 as the administering authority decides are necessary for the purposes of this Act. (2) Each licensee under a servicing licence is responsible for providing the classes and denominations, decided by the administering 15 authority, of reference standards of measurement as may be necessary for the exercise of the functions of the licensee under this Act. 14. Re-verification by inspectors A utility meter is re-verified when it already bears 20 an inspector's mark or a licensee's mark and an inspector-- (a) is satisfied that the instrument complies with the requirements for re-verification specified in section 16; and 25 (b) obliterates the inspector's mark or licensee's mark that the instrument already bears; and (c) marks the instrument with the inspector's mark. 14 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 4--RE-VERIFICATION AND CERTIFICATION OF utility meters s. 15 15. Certification by licensees (1) A utility meter is certified when the licensee under a servicing licence or an employee of the licensee-- 5 (a) is satisfied that the instrument complies with the requirements for certification specified in section 16 and issues a certificate to that effect; and (b) obliterates any inspector's mark or licensee's 10 mark that the instrument already bears; and (c) marks the instrument with the licensee's mark. (2) Certification may be carried out whether or not the utility meter already bears an inspector's mark 15 or a licensee's mark. 16. Requirements for utility meters (1) The requirements for re-verification or certification of a utility meter are-- (a) the utility meter must operate within the 20 appropriate limits of error that may be tolerated under the National Measurement Act at re-verification; and (b) the utility meter must be of an approved pattern; and 25 (c) the utility meter must have no graduations in a unit of measurement other than a unit of measurement under the metric system of measurement within the meaning of the National Measurement Act except in a case 30 determined by the administering authority to be a special case. (2) If there are no appropriate limits of error that may be tolerated in force under the National Measurement Act at re-verification, regulations 15 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 4--RE-VERIFICATION AND CERTIFICATION OF utility meters s. 17 may be made under this Act prescribing the appropriate limits of error that may be tolerated for the purposes of this section. 17. Standards of measurement to be used 5 (1) The determination of whether the requirements of section 16 for re-verification or certification are complied with is to be made by means of, by reference to, by comparison with or by derivation from-- 10 (a) an appropriate State primary standard of measurement; or (b) an appropriate reference standard of measurement; or (c) 2 or more standards of measurement each of 15 which is an appropriate State primary standard of measurement or an appropriate reference standard of measurement. (2) Sub-section (1) does not apply if there is not an appropriate standard for the measurement in 20 respect of which the utility meter is to be re- verified or certified. 18. Responsibilities of administering authority concerning re-verification and certification (1) It is the responsibility of the administering 25 authority to-- (a) arrange for the re-verification of utility meters that are in use for trade; and (b) fix periods within which utility meters must be re-verified; and 30 (c) fix periods within which utility meters must be certified. (2) Arrangements under sub-section (1)(a) must provide for the re-verification of a utility meter as often as the administering authority determines is 16 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 4--RE-VERIFICATION AND CERTIFICATION OF utility meters s. 19 necessary or desirable in relation to the class of utility meter concerned but need not be made in any cases or circumstances for which the regulations provide re-verification is not required. 5 (3) The administering authority may fix periods under sub-section (1)(b) or (1)(c) as often as the administering authority decides is necessary for the class of utility meter concerned. (4) This section does not affect the power of the 10 administering authority to charge amounts in accordance with the regulations for or in connection with the re-verification of utility meters. (5) Even if a utility meter is not required by this Act to 15 bear an inspector's mark or a licensee's mark, it may be examined and its calibration tested as if there were such a requirement but only-- (a) for the purposes of another Act; or (b) if the administering authority so approves, at 20 the request of the person in possession of the utility meter. 19. Prohibition on use if re-verification cannot be carried out (1) An inspector may give reasonable directions to a 25 person in possession of a utility meter for the purpose of facilitating re-verification of the utility meter. (2) Those directions may include (but are not limited to)-- 30 (a) directions as to the time and place at which the utility meter is to be made available to an inspector; and (b) any other directions authorised by the regulations. 17 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 4--RE-VERIFICATION AND CERTIFICATION OF utility meters s. 20 (3) If the inspector's directions are not complied with, an inspector may, by notice in writing given to the person, prohibit the use of the utility meter for trade until it is re-verified. 5 (4) A person given a notice under sub-section (3) is guilty of an offence if the utility meter to which the notice refers is used for trade by the person before it is re-verified. Penalty: 50 penalty units. 10 20. Rejection of utility meter by inspector--obliteration of marks If a utility meter that bears an inspector's mark or licensee's mark is examined or tested by an inspector and is found not to comply with the 15 requirements for re-verification specified in section 16, the inspector must obliterate any inspector's mark or licensee's mark that the utility meter bears. 21. Duty of repairers to obliterate marks 20 (1) A person must obliterate any inspector's mark or licensee's mark that a utility meter bears when the person does anything to the utility meter (including repair, modification and commissioning) that affects its metrological 25 performance, unless that effect can be corrected by normal operational adjustment of the utility meter. (2) A person who fails to comply with sub-section (1) is guilty of an offence. 30 Penalty: 200 penalty units. (3) This section applies whether or not the person is a licensee. 18 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 4--RE-VERIFICATION AND CERTIFICATION OF utility meters s. 22 22. Marks on labels affixed to utility meters (1) An inspector's mark or a licensee's mark that is made on a label affixed to a utility meter must be taken to have been made on the utility meter. 5 (2) The mark is obliterated by being removed or destroyed. 23. Making mark without authority (1) A person who makes an inspector's mark or licensee's mark on a utility meter is guilty of an 10 offence unless the person is authorised to do so as provided by this section. Penalty: 200 penalty units. (2) A person is authorised to make an inspector's mark on a utility meter if the mark is made in the 15 course of verifying or re-verifying the utility meter and the person-- (a) is an inspector; or (b) is acting under the authority and direct supervision of an inspector. 20 (3) A person is authorised to make a licensee's mark on a utility meter if the mark is made in the course of certifying the utility meter under the authority conferred by a servicing licence and the person-- (a) is the licensee, or an employee of the 25 licensee, in respect of whom the mark is approved by the administering authority; or (b) is acting under the authority and direct supervision of that licensee or an employee of that licensee. 30 (4) A person is authorised to make an inspector's mark or a licensee's mark on a utility meter if the person does so in accordance with the provisions of the regulations as to the batch testing and marking of utility meters. 19 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 4--RE-VERIFICATION AND CERTIFICATION OF utility meters s. 24 24. Other offences concerning marks A person is guilty of an offence if the person-- (a) has possession, without authority, of an instrument for making an inspector's mark or 5 a licensee's mark; or (b) makes on a utility meter a mark resembling an inspector's mark or a licensee's mark intending to create a false impression that it is an inspector's mark or a licensee's mark; or 10 (c) makes or possesses, without lawful justification or excuse, an instrument designed to make a mark resembling an inspector's mark or a licensee's mark; or (d) sells, or uses for trade, a utility meter marked 15 in contravention of paragraph (b) or section 23 knowing it to have been unlawfully marked. Penalty: 200 penalty units. _______________ 20 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 5--LICENSING s. 25 PART 5--LICENSING 25. Requirement for servicing licence (1) A person must not for the purposes of this Act, test a batch of utility meters or certify or purport 5 to certify a utility meter unless the person is the holder of a servicing licence or an employee of the holder of a servicing licence. Penalty: 200 penalty units. (2) A person who is the holder of a servicing licence, 10 or an employee of the holder of a servicing licence, must comply with the conditions of the licence. Penalty: 200 penalty units. (3) It is a defence in proceedings against an employee 15 of a licensee in respect of a failure to comply with a condition of a servicing licence if the employee establishes that the licensee failed to make the employee aware of the condition. 26. Application for servicing licence 20 (1) On application made in a form approved by the administering authority, the licensing authority may grant a servicing licence. (2) However, if 2 or more persons who carry on business together as partners join in making an 25 application, the licensing authority may only grant a single servicing licence to the joint applicants. (3) The application must be accompanied by the prescribed application fee. (4) The licensing authority may-- 30 (a) require an applicant to provide specified particulars (in writing) and documents relating to the application; and 21 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 5--LICENSING s. 27 (b) refuse the application if they are not provided. 27. Grounds for refusal (1) An application for a servicing licence must be 5 refused if the applicant-- (a) is a natural person who has not reached the age of 18 years; or (b) is a person whose servicing licence under this Act or a corresponding law is suspended; 10 or (c) is a person disqualified under this Act or a corresponding law from holding a servicing licence; or (d) is not a person likely to carry on the 15 activities of a licensee honestly and fairly; or (e) is in any other way not a fit and proper person to be a licensee. (2) Without limiting the generality of sub-section (1)(e), the licensing authority may, in determining 20 whether the applicant is not a fit and proper person to be a licensee, have regard to whether the applicant or, if the applicant is a body corporate, any person concerned in the management of the applicant-- 25 (a) has, during the period of 10 years that preceded the making of the application, been convicted of, or served any part of a term of imprisonment for, an offence in the State or elsewhere involving fraud or dishonesty; or 30 (b) was, when the application was made, the subject of a charge pending in relation to such an offence; or 22 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 5--LICENSING s. 28 (c) has, at any time, been convicted of an offence against this Act or the regulations or a corresponding law; or (d) has been refused a servicing licence or an 5 appointment as a verifying authority under a corresponding law. (3) If an application for a servicing licence is refused, the licensing authority must notify the applicant of the grounds for the refusal. 10 28. Licensee to be allotted a mark If the licensing authority issues a servicing licence, the licensing authority must approve a mark for use by the licensee and employees of the licensee when certifying utility meters. 15 29. Register of servicing licences The licensing authority must keep a register of the prescribed particulars relating to servicing licences in the form and manner the licensing authority thinks fit. 20 30. Conditions may be imposed on servicing licences (1) The licensing authority may-- (a) impose conditions when it grants a servicing licence or at any time after granting a servicing licence; and 25 (b) vary or revoke any condition. (2) Without limiting the generality of sub-section (1), a condition may restrict to a specified class or classes the utility meters that may be certified under the authority of a servicing licence. 30 (3) After granting a servicing licence, the licensing authority must not impose or vary a condition of the servicing licence unless the licensee has first been given an opportunity to make oral or written 23 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 5--LICENSING s. 31 submissions concerning the imposition or variation of the condition. (4) The imposition or variation of a condition under this section does not take effect until notice of it 5 has been served on the licensee. 31. Conditions on all servicing licences A servicing licence is subject to the following conditions-- (a) (if the licensee is a natural person) a 10 condition that the licensee must not personally certify a utility meter unless the licensee is competent to do so; (b) a condition that the licensee must not employ a person to certify a utility meter unless the 15 person is competent to do so; (c) a condition that the licensee or an employee of the licensee must not mark a utility meter with the licensee's mark without first obliterating any inspector's mark or 20 licensee's mark that the utility meter already bears; (d) a condition that the licensee or an employee of the licensee must not certify a utility meter without using such equipment as is 25 specified by the licensing authority when granting the licence; (e) a condition that if the licensee's mark is made by an employee of the licensee, the licensee must at all times be able from that 30 mark to identify the employee to the administering authority; (f) any other conditions as may be prescribed. 24 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 5--LICENSING s. 32 32. Conditions need not be endorsed on servicing licence A condition of a servicing licence has effect whether or not it is endorsed on the servicing licence. 5 33. Periodic licence fee (1) The prescribed licence fee is payable to the licensing authority-- (a) with the application for the servicing licence; and 10 (b) while the servicing licence is in force or is under suspension, not later than one month after the commencement of each period for which the regulations require the fee to be paid. 15 (2) The licensing authority may extend and further extend the time for payment of the licence fee. 34. Cancellation for non-payment of licence fee (1) If the licence fee is not paid, the licensing authority may serve on the licensee a notice in 20 writing to the effect that the servicing licence will be cancelled if the fee is not paid within 14 days after the notice is served. (2) The licensing authority may cancel the licence if the fee is not paid within that time. 25 35. Surrender of servicing licence (1) A licensee may surrender the servicing licence by notice in writing given to the licensing authority. (2) A servicing licence is not transferable. 25 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 5--LICENSING s. 36 36. Order preventing employment of certain persons (1) The licensing authority may by order in writing direct that a specified person-- (a) is not to be employed to certify any utility 5 meter; or (b) is not to be employed to certify a specified class or classes of utility meters; or (c) is to be employed to do so only in compliance with specified conditions. 10 (2) The licensing authority must not make such an order unless satisfied that it is necessary or desirable because of the person's lack of competency, or lack of fitness in any other respect, to exercise the functions concerned. 15 (3) If the licensing authority makes an order under this section, the licensing authority must-- (a) serve a copy of the order, together with a statement of its reasons for making the order, on the person to whom it relates (if the 20 person's whereabouts are known to the licensing authority); and (b) serve a copy of the order on any licensee that the licensing authority knows is employing that person when the order is made. 25 (4) It is a condition of a licence that the licensee must not employ a person in contravention of an order in force under this section. (5) It is the responsibility of a licensee to make due inquiry of the licensing authority before employing 30 a person to establish whether there is an order in force under this section in respect of the person. 26 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 5--LICENSING s. 37 37. Grounds for disciplinary action Each of the following constitutes grounds for disciplinary action against a licensee-- (a) the licensee has failed to comply with a 5 provision of this Act or the regulations or a corresponding law or with a condition of the servicing licence; (b) the licensee has been found guilty of an offence involving fraud or dishonesty 10 punishable on conviction by imprisonment for 3 months or more; (c) the activities to which the servicing licence relates are being carried on in a dishonest or unfair manner; 15 (d) the licensing authority would be required by section 27 to refuse an application for a servicing licence by the licensee (if the licensee were not already a licensee); (e) the licensee has been refused a servicing 20 licence under a corresponding law or is the subject of disciplinary action under the provision of a corresponding law that corresponds to section 39; (f) the licensee is not, for any other reason, a fit 25 and proper person to continue to hold a servicing licence. 38. Notice to licensee of grounds for disciplinary action (1) If the licensing authority reasonably suspects that there are grounds for disciplinary action against a 30 licensee, the licensing authority may serve a written notice on the licensee-- (a) giving full particulars of those grounds, including particulars of the reasons for any general ground; and 27 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 5--LICENSING s. 39 (b) calling on the licensee to show cause within a reasonable period specified in the notice why the licensing authority should not take disciplinary action on those grounds against 5 the licensee under section 39. (2) A licensee on whom such a notice is served may, within the period allowed by the notice, make written or oral submissions to the licensing authority on the matters concerned. 10 39. Taking of disciplinary action (1) If, after consideration of any submissions made by the licensee within the period allowed, the licensing authority is satisfied that grounds for disciplinary action against a licensee have been 15 established, the licensing authority may-- (a) reprimand the licensee; or (b) impose a condition on the servicing licence; or (c) suspend the servicing licence for up to 20 12 months; or (d) act under any combination of 2 or more of paragraphs (a), (b) and (c); or (e) cancel the servicing licence and disqualify the former licensee permanently or for a 25 specified period from holding a servicing licence. (2) The licensing authority takes any such action by serving written notice of it on the licensee but any action taken is stayed-- 30 (a) until the end of the time for lodging an appeal against the decision to take the action; and 28 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 5--LICENSING s. 40 (b) if such an appeal has been duly lodged, until determination or abandonment of the appeal, unless the Tribunal otherwise orders. 40. Review by Tribunal 5 (1) A person may apply to the Tribunal for a review of a decision of the licensing authority-- (a) to refuse the person's application for a servicing licence; or (b) to make an order under section 36 in respect 10 of the person; or (c) to impose or vary a condition to which the person's servicing licence is to be subject; or (d) to reprimand the person as a licensee; or (e) to suspend the person's servicing licence; or 15 (f) to cancel the person's servicing licence and disqualify the former licensee from holding a servicing licence. (2) An application for review must be made within 28 days after the later of-- 20 (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of 25 reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. (3) If a provision of the Victorian Civil and Administrative Tribunal Act 1998 is 30 inconsistent with a provision of this Act, the provision of this Act prevails. _______________ 29 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 41 PART 6--ENFORCEMENT 41. Inspector's certificates of authority The administering authority must issue a certificate of authority to each inspector in the 5 form determined by the administering authority. 42. Inspector's certificate of authority to be produced An inspector exercising or proposing to exercise a function under this Act must, on request, produce the inspector's certificate of authority 10 43. Powers of entry (1) For the purpose of-- (a) investigating an offence against this Act or the regulations that the inspector reasonably believes has been committed; or 15 (b) exercising any function of an inspector under this Act-- an inspector may at any reasonable time enter and search a building or place. (2) An inspector is not entitled to enter a part of 20 premises used for residential purposes, except-- (a) with the consent of the occupier; or (b) under the authority of a search warrant. 44. Search warrant (1) With the approval of the administering authority, 25 an inspector may apply to a magistrate for the issue of a search warrant in relation to particular premises if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, on the premises a particular thing that 30 may be evidence of the commission of an offence against this Act or the regulations. 30 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 44 (2) If a magistrate is satisfied by the evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises 5 a particular thing that may be evidence of the commission of an offence against this Act or the regulations, the magistrate may issue a search warrant authorising an inspector named in the warrant and any assistants the inspector considers 10 necessary-- (a) to enter the premises, or the part of premises, named or described in the warrant; and (b) to search for and seize a thing named or described in the warrant. 15 (3) In addition to any other requirement, a search warrant issued under this section must state-- (a) the offence suspected; and (b) the premises to be searched; and (c) a description of the thing for which the 20 search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and 25 (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the 30 form prescribed under that Act. (5) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. 31 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 45 (6) Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector must announce that he or she is authorised by the warrant to enter the premises 5 and give any person at the premises an opportunity to allow entry to the premises. (7) The inspector or a person assisting the inspector need not comply with sub-section (6) if he or she believes on reasonable grounds that immediate 10 entry to the premises is required to ensure-- (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. (8) If the occupier or another person who apparently 15 represents the occupier is present at the premises when a search warrant is being executed, the inspector must-- (a) identify himself or herself to that person by producing his or her certificate of authority 20 for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. 45. Powers in relation to utility meters (1) If an inspector reasonably believes that a utility 25 meter is used for trade, the inspector may-- (a) examine and test the utility meter; and (b) require a person in the building or place where the utility meter is found to answer questions, or produce records under the 30 person's control, concerning the utility meter or its use; and 32 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 46 (c) make copies of or take extracts from records so produced-- and, if the inspector reasonably believes that an offence against this Act or the regulations has 5 been committed involving the utility meter, may seize and retain the instrument and any records so produced. (2) The inspector may record the details of any utility meter that is examined or tested under this section 10 in the way the inspector considers appropriate, including by filming or photographing. 46. Return of seized property (1) If an inspector seizes a utility meter or other thing and-- 15 (a) proceedings for an offence against this Act or the regulations in connection with the utility meter or thing are not instituted within 6 months after seizure; or (b) proceedings for such an offence are 20 instituted within that period but the defendant is not (on the determination of those proceedings, whether or not within that period) convicted of an offence-- the person from whom the utility meter or thing 25 was seized is, on application to the administering authority, entitled to its return. (2) If an application for return of the utility meter or other thing is not made within 3 months after the entitlement to its return arises, the administering 30 authority may dispose of it as the administering authority thinks fit. (3) If, in proceedings for an offence against this Act or the regulations, the court-- (a) finds the offence proved; and 33 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 47 (b) finds that the offence concerned a utility meter or other thing seized and retained by an inspector-- the court may order that the utility meter or other 5 thing be forfeited to the State. 47. Obstruction of inspector A person is guilty of an offence if the person-- (a) hinders or obstructs an inspector when the inspector is exercising any function of an 10 inspector under this Act; or (b) does not, when required to do so by an inspector exercising a function under this Act, produce for examination and testing any utility meter in the possession, or under the 15 control, of the person; or (c) fails to comply with a requirement of an inspector made under the authority of this Act; or (d) is reasonably suspected by the inspector of 20 having committed, or of having been involved in the commission of, an offence against this Act or the regulations and fails to state his or her true name and residential address on being required to do so by an 25 inspector (so long as the inspector warns the person that it is an offence to fail to do so); or (e) assaults or directly or indirectly threatens an inspector while the inspector is exercising 30 the functions of an inspector; or (f) impersonates an inspector or otherwise falsely pretends to be engaged in or associated with the administration of this Act. 35 Penalty: 100 penalty units. 34 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 48 48. Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under 5 this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person. (2) Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to 10 produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person. 49. Entry to be reported to the administering authority 15 (1) If an inspector exercises a power of entry under this Part, the inspector must report the exercise of the power to the administering authority within 7 days after the entry. (2) The report must include all relevant details of the 20 entry including particulars of-- (a) the time and place of the entry; and (b) the purpose of the entry; and (c) the things done while on the premises, including details of things seized, copies 25 made and extracts taken; and (d) the time of departure from the premises. 50. Register of exercise of powers of entry The administering authority must keep a register containing the particulars of all matters reported to 30 the administering authority under section 49. 35 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 51 51. Complaints (1) Any person may complain to the administering authority about the exercise of a power by an inspector under this Part. 5 (2) The administering authority must-- (a) investigate any complaint made to the administering authority; and (b) provide a written report to the complainant on the results of the investigation. 10 52. Confidentiality (1) An inspector must not, except to the extent necessary to carry out the inspector's functions under this Act, give to any other person, whether directly or indirectly, any information acquired by 15 the inspector in carrying out those functions. Penalty: 60 penalty units. (2) Sub-section (1) does not apply to the giving of information-- (a) to a court or tribunal in the course of legal 20 proceedings; or (b) pursuant to an order of a court or tribunal; or (c) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory 25 or of the Commonwealth; or (d) with the written authority of the administering authority; or (e) with the written authority of the person to whom the information relates. 36 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 53 53. Service (1) If any notice or order is required under this Act to be given to or served on the occupier of any premises, the notice or order may be addressed to 5 the occupier without further name or description and may be given or served by-- (a) leaving it with a person on the premises who is apparently at least 16 years old; or (b) sending it by certified mail to the occupier at 10 the address of the premises; or (c) fixing the notice or order or a copy of the notice or order on a conspicuous part of the premises. (2) If any notice or order is required under this Act to 15 be given to or served on a person, it may be given or served by-- (a) giving it or serving it personally on the person; or (b) leaving it at or sending it by post to the 20 person at that person's usual or last known residential or business address. (3) Any notice or order served for the purposes of this Act on an owner of any premises is if due service has been made on an owner binding on all persons 25 claiming by, from or under, that owner and on all subsequent owners to the same extent as if the notice or order has been served on each of them. (4) The provisions of this section are in addition to and not in derogation from the provisions of the 30 Corporations Act. 37 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 54 54. Power to serve a notice (1) If an authorised officer has reason to believe that a person has committed an offence against any section of this Act or against any regulation made 5 under this Act which is prescribed for the purposes of this section, the authorised officer may serve an infringement notice on that person. (2) An infringement notice may be served-- (a) by personally serving the notice upon the 10 alleged offender; or (b) by sending the notice by post addressed to him or her at his or her last known place of residence or business. 55. Form of notice 15 An infringement notice must-- (a) be in the prescribed form; and (b) state the penalty fixed by the regulations for the offence; and (c) state if the amount of the penalty is tendered 20 at the place referred to in the notice the matter will not be brought before the Court unless the notice is withdrawn before the end of the period specified in the notice as the time for payment of the penalty. 25 56. Withdrawal of notice (1) The authorised officer may withdraw an infringement notice at any time within 28 days after the notice is served by serving a withdrawal notice on the alleged offender. 30 (2) An infringement notice may be withdrawn even if the appropriate penalty has been paid. 38 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 57 (3) Once the notice of withdrawal is served, the administering authority must refund the amount of any penalty paid on an infringement notice before it is withdrawn. 5 57. Penalties to be paid for offences under infringement notices The penalty for an offence for which an infringement notice has been issued is the penalty not exceeding 20 penalty units as is prescribed by 10 the regulations and which must not exceed the penalty fixed by the Act for that offence. 58. Payment of penalty (1) If the person pays the penalty shown on the infringement notice within the time shown in the 15 notice or, if the authorised officer allows, at any time before the service of the summons in respect of the offence-- (a) further proceedings may not be taken in respect of the offence; and 20 (b) no conviction is to be recorded against the person for the offence. (2) A penalty paid under this section must be applied as if the offender had been convicted of the offence in the Magistrates' Court on a charge filed 25 by the authorised officer who served the infringement notice. 59. Notice not to prejudice further proceedings (1) If-- (a) a person served with an infringement notice 30 has not paid the penalty within the time specified in the notice; or (b) an infringement notice is withdrawn-- proceedings may still be taken or continued for the alleged offence. 39 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 60 (2) If proceedings have been taken or continued for an alleged offence because the person has not paid the penalty specified in the infringement notice and a conviction is imposed by the court, the 5 conviction must not be taken to be a conviction for any purpose except in relation to-- (a) the making of the conviction itself; and (b) subsequent proceedings which may be taken in respect of the conviction itself, including 10 proceedings by way of appeal. 60. Time for instituting proceedings for offence Despite anything to the contrary in any Act, proceedings for an offence under this Act or the regulations may be instituted at any time before 15 the expiration of the period of 3 years that next succeeds the commission of the offence. 61. Increased penalty for body corporate The maximum penalty for an offence under a provision of this Act or the regulations committed 20 by a body corporate is a fine that is 5 times the fine provided for in the provision as the penalty. 62. Compensation for loss caused by offence (1) If a person is convicted of an offence under this Act or the regulations and the court considers that 25 the commission of the offence caused another person to suffer pecuniary loss, the court may order the convicted person to pay to the other person a specified amount of compensation for the loss. 30 (2) The court may make such an order whether or not it imposes a penalty for the offence. (3) The amount ordered to be paid may be recovered in a court of competent jurisdiction as a debt due by the convicted person to the other person. 40 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 63 63. Offence by employee--liability of employer (1) If an employee contravenes any provision of this Act or the regulations, the employer is deemed to have contravened the same provision (whether or 5 not the employee contravened the provision without the employer's authority or contrary to the employer's orders or instructions). (2) It is a defence in proceedings against an employer for such a contravention if it is established-- 10 (a) that the employer had no knowledge of the contravention; and (b) that the employer could not, by the exercise of due diligence, have prevented the contravention. 15 (3) An employer may be proceeded against and convicted under a provision pursuant to sub- section (1) whether or not the employee has been proceeded against or convicted under that provision. 20 64. Offence by body corporate--liability of directors (1) If a body corporate contravenes any provision of this Act or the regulations, each person who is a director of the body corporate or who is concerned in its management is deemed to have contravened 25 the same provision if the person knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision pursuant to sub-section (1) whether or not the body corporate has been 30 proceeded against or convicted under that provision. 41 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 65 65. False or misleading statements (1) A person is guilty of an offence if the person makes a statement that is false or misleading in a material particular in-- 5 (a) an application for a servicing licence; or (b) an answer to a question asked by an inspector; or (c) a statement of a name or address to an inspector. 10 Penalty: 20 penalty units. (2) It is a defence in proceedings for such an offence if it is established that, when the statement was made, the defendant believed on reasonable grounds that the statement was true and not 15 misleading. 66. Evidence--signature of Minister or administering authority A signature purporting to be the signature of-- (a) the Minister; or 20 (b) the administering authority; or (c) a delegate of the Minister; or (d) a delegate of the administering authority-- is presumed to be the signature it purports to be, unless the contrary is established. 25 67. Certificate evidence The following certificates are evidence of the matters they certify, in the absence of evidence to the contrary-- (a) a certificate purporting to have been issued 30 by the Minister to the effect that a person specified in the certificate is or was the 42 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 68 administering authority at a time, or during a period, specified in the certificate; (b) a certificate purporting to have been issued by the administering authority to the effect 5 that a person specified in the certificate was or was not an inspector, or was or was not the holder of a specified class of servicing licence, at a time, or during a period, specified in the certificate; 10 (c) a certificate purporting to have been issued by the administering authority as to the result of the examination of a utility meter, and the testing of its calibration, under section 18(5). 68. Evidence of use of utility meter for trade 15 The possession of a utility meter by a person carrying on trade or the presence of a utility meter on premises or in a place used by another person is evidence that the person uses the instrument for trade, in the absence of evidence to the contrary. 20 69. Double jeopardy (1) If an act or omission is both an offence under this Act or the regulations and an offence under a law of the Commonwealth, or of another State, or of a Territory, a person who-- 25 (a) is convicted of the offence under that law; or (b) is found by a court to have committed the offence under that law but is not convicted-- is not liable to be proceeded against for the offence under this Act or the regulations. 30 (2) In proceedings under this Act, a certificate that complies with sub-section (3) in relation to a conviction or finding of a court is conclusive evidence of the conviction or finding unless it is proved-- 43 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 6--ENFORCEMENT s. 69 (a) that the conviction was quashed or set aside; or (b) that the finding was set aside or reversed. (3) A certificate complies with this sub-section if it-- 5 (a) is signed by the registrar or other proper officer of the court that directed the conviction or made the finding; and (b) is to the effect-- (i) that a named person was, on a stated 10 date, convicted by that court of a specified offence; or (ii) that a named person charged with a specified offence was, on a stated date, found by that court to have committed 15 the offence but was not convicted. __________________ 44 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 7--GENERAL s. 70 PART 7--GENERAL 70. Codes of Conduct (1) The administering authority may make and approve Codes of Conduct for the purposes of this 5 Act. (2) The administering authority may adopt and approve a Code of Conduct which-- (a) applies in respect of utility meters used for trade in an industry; and 10 (b) is in force on the relevant prescribed date for that industry. (3) A Code of Conduct approved under sub-section (2) is to continue in force for the period that it is approved. 15 (4) The administering authority must publish a Code of Conduct approved under this section in the Government Gazette. (5) A Code of Conduct approved under sub-section (1) must not be inconsistent with this Act or the 20 regulations. (6) A Code of Conduct approved under sub-section (2) is to be given effect to despite any inconsistency with this Act or the regulations. (7) If a Code of Conduct approved under this section 25 applies, compliance with the Code of Conduct is to be taken to be compliance with the relevant requirements under this Act or the regulations or of any licence or condition of a licence. 45 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 7--GENERAL s. 71 71. Certification fees (1) A servicing licence may include a condition that the licensee must pay the prescribed certification fee to the administering authority in respect of any 5 certification of a utility meter under this Act. (2) Regulations under this Act may make provision for or with respect to the payment of certification fees, including-- (a) as to the time within which the fees must be 10 paid; (b) requiring the submission by a licensee of returns as to the number and nature of utility meters certified by the licensee during the period to which the return relates; 15 (c) requiring the verification of any such return by statutory declaration. 72. Other fees and charges may be prescribed (1) Regulations may be made under this Act for and with respect to the imposition, collection and 20 recovery of fees and charges for the purposes of this Act including-- (a) application fees; (b) licence fees; (c) fees payable for the issue of amended 25 servicing licences or certificates and for the issue of duplicate servicing licences and certificates; (d) charges payable where an inspector keeps an appointment to examine or test a utility 30 meter but is unable to carry out the examination or testing because the utility meter is unavailable or inaccessible or access to it is unreasonably refused; 46 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 7--GENERAL s. 73 (e) charges in connection with the examination and testing of utility meters, including testing by sample, payable by holders of servicing licences; 5 (f) charges payable by a person where the use of specified labour or equipment provided by the administering authority is necessary for the exercise of the functions of an inspector; (g) charges payable for the use by a person of 10 specified equipment provided by the administering authority; (h) charges payable for the assessment of accreditation for the granting of servicing licences. 15 (2) The regulations may provide for a fee or charge under sub-section (1)(h) to be calculated on a time basis. (3) The regulations may provide for the fee payable under section 33 for a servicing licence to be a 20 specified amount or an amount calculated in a specified manner. 73. Recovery of unpaid fees and charges A fee or charge payable under this Act is recoverable as a debt due to the Crown. 25 74. Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this 30 Act. (2) Without limiting or derogating from sub-section (1) or any other provision of this Act, regulations made under this Act may include regulations for or with respect to-- 47 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 7--GENERAL s. 74 (a) the administration of this Act; (b) transitional arrangements consequent on the application of this Act to utility meters used for trade in an industry on the relevant 5 prescribed date in respect of that industry; (c) the provision, maintenance, custody and care of standards of measurement; (d) regulating, prohibiting or restricting the use of utility meters for trade; 10 (e) limiting the purposes for which specified utility meters may lawfully be used or specifying the utility meters required to be used for specified purposes; (f) the re-verification or certification of utility 15 meters; (g) the positioning of, and access to, utility meters in order to facilitate their use for trade, their examination by an inspector or licensee and their re-verification or 20 certification; (h) the provision of, and payment and recovery of the costs of, labour, materials, equipment and transportation necessary for the purpose of examining, testing, or re-verifying a utility 25 meter; (i) the sealing of a certified or re-verified utility meter; (j) batch testing and quality assurance in relation to utility meters and the provision of 30 labour, facilities and equipment for those purposes; (k) the provision or taking of samples of utility meters and the testing of the samples; 48 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 7--GENERAL s. 74 (l) conditionally or unconditionally conferring specified functions of an inspector on a person who has similar functions under a corresponding law; 5 (m) the keeping of records relating to utility meters. (3) A power conferred by this Act to make regulations may be exercised-- (a) either in relation to all cases to which the 10 power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in 15 relation to which it is exercised-- (i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or 20 different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any 25 specified condition. (4) Regulations made under this Act may be made-- (a) so as to apply-- (i) at all times or at a specified time; or (ii) throughout the whole of the State or in 30 a specified part of the State; or (iii) as specified in both sub-paragraphs (i) and (ii); and 49 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 7--GENERAL s. 74 (b) so as to require a matter affected by the regulations to be-- (i) in accordance with a specified standard or specified requirement; or 5 (ii) approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; and (c) authorise any matter or thing to be from time to time determined, applied or regulated by 10 the administering authority or the licensing authority. (d) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from 15 any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (e) so as to impose a penalty not exceeding 20 20 penalty units or 6 months imprisonment for a contravention of the regulations. (5) A power conferred by this Act to make regulations providing for the imposition of fees or charges may be exercised by providing for all or 25 any of the following matters-- (a) specific fees or charges; (b) maximum or minimum fees or charges; (c) maximum and minimum fees or charges; (d) scales of fees or charges according to the 30 value of goods or services provided for the fees; (e) the payment of fees or charges either generally or under specified conditions or in specified circumstances; 50 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 7--GENERAL s. 74 (f) the reduction, waiver or refund, in whole or in part, of the fees or charges; (g) payment of fees or charges by instalments, including the recovery of and payment of 5 interest on arrears. (6) If under sub-section (5)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply either generally or 10 specifically-- (a) in respect of certain matters or transactions or classes of matters or transactions; or (b) in respect of certain documents or classes of documents; or 15 (c) when an event happens; or (d) in respect of certain persons or classes of persons; or (e) in respect of any combination of matters, transactions, documents, events or persons-- 20 and may be expressed to apply subject to specified conditions or at the discretion of any specified person or body. __________________ 51 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. PART 8--CONSEQUENTIAL s. 75 PART 8--CONSEQUENTIAL 75. New section 171A inserted in Water Act 1989 After section 171 of the Water Act 1989 insert-- "171A. Limitation on power to make by-laws 5 (1) This section applies as from the relevant prescribed date for the water industry under the Utility Meters (Metrological Controls) Act 2002. (2) As from the relevant prescribed date, an 10 Authority must not exercise the power to make by-laws under section 160, 161 or 171 to make by-laws which are inconsistent with the Utility Meters (Metrological Controls) Act 2002 or regulations made under that Act. 15 (3) Any by-law whether made before or after the relevant prescribed date is invalid to the extent that it is inconsistent with the Utility Meters (Metrological Controls) Act 2002 or regulations made under that Act.". 52 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

Utility Meters (Metrological Controls) Act 2002 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 53 541291B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004

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