Western Australian Consolidated Acts

TRADE MEASUREMENT ACT 2006

TABLE OF PROVISIONS

           Preamble
           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Determining certain quantities  
   5.      References to functions  
   6.      Use of measuring instrument for trade -- meaning  
   7.      Application of Act to Crown  
   8.      Regulations may make this Act inapplicable to certain matters  
   9.      Regulations may provide for exemptions from this Act  

   PART 2 -- Use of measuring instruments for trade  

   10.     Measuring instruments used for trade to be marked  
   11.     Notice to remedy breach of section 10 may be given  
   12.     Use of prescribed measuring instruments  
   13.     Use of measuring instruments for pre-packed articles  
   14.     Instruments that are incorrect or unjustly used  
   15.     Notice to remedy breach of section 14 may be given  
   16.     Supplying incorrect etc. measuring instrument  

   PART 3 -- Verification and certification of measuring instruments  

   17.     Provision and maintenance of standards  
   18.     Verification and re-verification by inspectors  
   19.     Certification and re-certification by licensees  
   20.     Provision of information to Commissioner by licensee  
   21.     Duration of verification and certification  
   22.     Requirements for measuring instruments  
   23.     Standards of measurement to be used  
   24.     Responsibilities of Commissioner concerning verification and certification  
   25.     Keeping of register  
   26.     Instruments not covered by this Act  
   27.     Rejection of instrument by inspector -- obliteration of marks  
   28.     Duty of persons doing certain work to obliterate marks or take other action  
   29.     Marks on labels affixed to measuring instruments  
   30.     Making mark without authority  
   31.     Other offences concerning marks  

   PART 4 -- Transactions by measurement  

   32.     Measurement to be open to scrutiny in certain cases  
   33.     Incorrect measurement or price calculation  
   34.     Variation of quantity ordered  
   35.     Special provisions for sale of meat  
   36.     Special provision for sale of firewood by volume  
   37.     Articles required to be sold by specific measurement  
   38.     Presumptions concerning mass of vehicles  

   PART 5 -- Pre-packed articles  

           Division 1 -- Requirements for packaging and sale of pre-packed articles  

   39.     Requirements as to packaging of pre-packed articles  
   40.     Defences concerning packaging of pre-packed articles  
   41.     Restrictions on use of certain expressions on packages  
   42.     Incorrect pricing of pre-packed article  
   43.     Offence of packing or selling short measure  
   44.     Extent of deficiency necessary to constitute short measure  
   45.     Defences concerning short measure  
   46.     Seller’s general defence  
   47.     Employee’s general defence  
   48.     Regulations concerning methods of measurement  

           Division 2 -- Permit to sell certain pre-packed articles  

   49.     Commissioner may issue permits  
   50.     Requirements for issue  
   51.     Cancellation of permits  
   52.     Recognition of permits under corresponding laws  

   PART 6 -- Licensing  

           Division 1 -- Requirements for licences  

   53.     Requirement for servicing licence  
   54.     Requirement for public weighbridge licence  

           Division 2 -- Granting of licences and related provisions  

   55.     Application for licence  
   56.     Grounds for refusal  
   57.     Licence to include reference to any registered business name  
   58.     Licensee to be allotted a mark  
   59.     Register of licences  
   60.     Conditions may be imposed on licences  
   61.     Conditions on all servicing licences  
   62.     Conditions on all public weighbridge licences  
   63.     Conditions need not be endorsed on licence  
   64.     Periodic licence fee  
   65.     Continuation of weighbridge suitability statement in particular circumstances  
   66.     If weighbridge no longer suitable for use as a public weighbridge  
   67.     Cancellation for non-payment of licence fee  
   68.     Surrender etc. of licence  
   69.     Return of licence  
   70.     Effect of relocation of licensed weighbridge  
   71.     Application to amend condition of licence  
   72.     Order preventing employment of certain persons  

           Division 3 -- Changes in licensed partnership or management of licensed body corporate  

   73.     Change of licence holders due to change of partnership  
   74.     Inclusion of new person in management of body corporate  
   75.     Notice to applicant and amendment of licence  
   76.     Time allowed for making and determination of applications under this Division  
   77.     Offence of failure by body corporate to take certain action without approval  

           Division 4 -- Disciplinary action against licensees  

   78.     Grounds for disciplinary action  
   79.     Notice to licensee of grounds for disciplinary action  
   80.     Taking of disciplinary action  

           Division 5 -- Review of decisions  

   81.     Right to have certain decisions reviewed  

   PART 7 -- Inspectors  

   82.     Powers of entry etc.  
   83.     Powers in relation to measuring instruments  
   84.     Powers in relation to articles  
   85.     Pre-packed articles -- special powers  
   86.     Return etc. of seized property  
   87.     Obstruction etc. of inspector  
   88.     Self-incrimination  
   89.     Inspector’s certificate of authority to be produced  

   PART 8 -- Miscellaneous  

   90.     Compensation for loss caused by offence  
   91.     Offence by employee -- liability of employer  
   92.     Offence by body corporate -- liability of directors etc.  
   93.     False or misleading statements  
   94.     Evidence -- signatures of Minister and officials  
   95.     Certificate evidence  
   96.     Evidence -- pre-packed articles  
   97.     Packaged article presumed to be pre-packed in certain circumstances  
   98.     Evidence -- use of measuring instrument for trade  
   99.     Records -- English language  
   100.    Regulations  
   101.    Regulations may commence on different days  
   102.    Operation of Fair Trading Act 1987 not affected  

   PART 9 -- Transitional provisions for the measurement of certain alcoholic liquor  

   103.    Interpretation and application  
   104.    Delayed application of sections 10(1), 16 and 32  
   105.    Temporary continuation of certain provisions of repealed Act  
   106.    Further provision may be made for this Part  
           Compilation table