Weights and Measures Act 1934

Weights and Measures Act 1934

An Act to consolidate and amend the law relating to weights and measures

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title and commencement

(1)  This Act may be cited as the Weights and Measures Act 1934 .

(2)  This Act shall commence on the first day of July 1935.

2.   

[Section 2 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

3.   Application of Act to railways and tramways

[Section 3 Amended by 7 & 8 Geo. VI No. 102, s. 2 ]This Act shall apply to all weights and measures and weighing and measuring instruments in use upon any State or other railway or tramway, or upon any station, pier, wharf, jetty, or premises vested in or controlled by the Commission or any other person.

4.   Interpretation

[Section 4 Subsection (1) amended by 7 & 8 Geo. VI No. 102, s. 3 ][Section 4 Subsection (1) amended by No. 53 of 1964, s. 2 ][Section 4 Subsection (1) amended by No. 25 of 1968, s. 2 ][Section 4 Subsection (1) amended by No. 22 of 1970, s. 2 ][Section 4 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 14 of 1995, s. 3 and Sched. 1 ]

(1)  [Section 4 Subsection (1) amended by 25 Geo. V No. 78 ]In this Act, unless the contrary intention appears –

approved brand means a brand approved by the Secretary pursuant to section twenty-five S (being a brand comprising letters or numerals or a combination of letters and numerals);

approving authority means the approving authority constituted for the time being under section seven ;

business name means a business name within the meaning of the Business Names Act 1962 ;

certificate of approval means a certificate of approval of a pattern or modified pattern of a weight, measure, weighing instrument, or measuring instrument that is issued or deemed to have been issued by the approving authority pursuant to section seven or section eight ;

coal includes all descriptions of coal, coke, slack, culm, charcoal, and cannel;

Commission means the Transport Commission constituted under the Transport Act 1938 ;

Commonwealth Act means the National Measurement Act 1960 of the Commonwealth, and includes that Act as amended from time to time and any Commonwealth Act passed in substitution for that Act;

Commonwealth legal unit of measurement means a unit of measurement that is prescribed under the Commonwealth Act ;

Commonwealth standard of measurement means a standard of measurement that is a Commonwealth standard of measurement under and within the meaning of the Commonwealth Act ;

departmental standards means copies of the standard weights and measures of the State that are provided pursuant to section twelve ;

inspector means an inspector appointed pursuant to this Act and includes any person appointed as an inspector in the Department;

inspector's standard has the meaning assigned to that expression by section twelve A ;

instrument means a thing (or a combination of things) by means of which a measurement of a physical quantity may be made and includes a thing (or a combination of things) by means of which grading may be effected by reference to the measurement of a physical quantity;

measuring instrument means any instrument, machine, or appliance used for measuring any article or any liquid;

Organization means the Commonwealth Scientific and Industrial Research Organization established under the Science and Industry Research Act 1949-1959 of the Commonwealth;

owner means the owner, whether jointly or severally, or the authorized agent, manager, or superintendent of the owner, and includes a lessee or hirer from the owner;

pack, in relation to an article, means to –

(a) enclose the article (whether wholly or partly) in or by means of;

(b) put the article in; or

(c) attach the article to, or wind or wrap the article around –

some other article or thing, and packed and packing have corresponding meanings;

package includes anything by means of which –

(a) any one article is packed for sale; or

(b) any two or more articles are packed for sale as a single item –

and, in particular and without prejudice to the generality of the foregoing, includes a wrapper and a confining band;

purchaser includes a person purchasing as agent for any other person;

Secretary means the Secretary of the Department;

sell includes –

(a) offer or expose for sale;

(b) keep or have in possession for sale;

(c) barter or exchange;

(d) deal in or agree to sell;

(e) send, forward, or deliver for sale or on sale; and

(f) authorize, direct, cause, permit, or suffer any of those acts or things –

and sale and sold have corresponding meanings;

subsidiary standard of measurement means a standard of measurement that is a subsidiary standard of measurement under and within the meaning of the Commonwealth Act ;

use for trade has the meaning assigned to that expression by subsection (3) of this section;

weighing instrument means any weighbridge, scales, scale beam, balance, spring balance, steelyard, weighing machine, or other instrument for weighing, and includes the weights belonging thereto;

working standard of measurement means a standard of measurement that is a working standard of measurement under and within the meaning of the Commonwealth Act .

(2)  [Section 4 Subsection (2) inserted by No. 53 of 1964, s. 2 ]In this Act –

(a) a reference, however expressed, to the stamping of a weight, measure, weighing instrument, or measuring instrument shall be construed as including a reference to the stamping, pressing, engraving, etching, branding, sealing, or marking of the weight, measure, or instrument in such a manner that what is stamped, pressed, engraved, etched, branded, sealed, or marked thereon is, as far as is practicable, indelible; and

(b) a reference to the Commonwealth Act shall be construed as including, where applicable, a reference to the regulations for the time being in force under that Act.

(3)  [Section 4 Subsection (3) inserted by No. 53 of 1964, s. 2 ]For the purposes of this Act, the expression use for trade means use in connection with or with a view to a transaction for –

(a) the transferring of money or money's worth in consideration of money's worth or money; or

(b) the making of a payment in respect of any tax, rate, toll, duty, or impost –

where –

(c) the transaction is by reference to quantity in terms of measurement of a physical quantity, or is a transaction for the purposes of which there is made or employed a statement of the quantity in those terms of goods to which the transaction relates; and

(d) the use is for the purpose of the determination or statement of that quantity –

and the expression have in possession for trade has a corresponding meaning.

(4)  [Section 4 Subsection (4) inserted by No. 53 of 1964, s. 2 ]A weight, measure, weighing instrument, or measuring instrument that –

(a) is used in relation to such a transaction as is mentioned in subsection (3) of this section; or

(b) is made available for use by the public, whether on payment or otherwise, for making measurements of a physical quantity or for the grading of articles by reference to the measurement of a physical quantity –

shall, for the purposes of this Act, be deemed to be used for trade.

(5)  [Section 4 Subsection (5) inserted by No. 25 of 1968, s. 2 ]For the purposes of this Act –

(a) an article shall be deemed to be pre-packed if it is packed in advance ready for sale; and

(b) on premises where articles of any description are so packed, or are kept or stored for sale after being so packed, any article of that description found on those premises (being an article that is contained in a package) shall be deemed to be pre-packed within the meaning of this Act unless the contrary is proved, and it is not sufficient proof to the contrary to show that the package has not been marked in accordance with the provisions of this Act or of any other law with respect to the marking of packages containing articles of that description.

(6)  [Section 4 Subsection (6) inserted by No. 25 of 1968, s. 2 ]Except as otherwise prescribed, a reference in this Act to the weight or measure of an article shall be construed as a reference to the weight or measure of the article excluding the weight or measure of the package in which the article is contained.

(7)  [Section 4 Subsection (7) inserted by No. 25 of 1968, s. 2 ]A reference in this Act to the weight or measure of an article shall, in the case of an article of a kind that is ordinarily packed or sold by number, be construed as a reference to a quantity of that article counted by number.

(8)  [Section 4 Subsection (8) inserted by No. 25 of 1968, s. 2 ]Where, by or under this Act, any particulars or words are, or any statement or expression is, required, permitted, or forbidden to be marked on a package containing an article, the particulars, words, statement, or expression, if marked on a label attached to the package or to the article shall be deemed to be marked on the package.

(9)  [Section 4 Subsection (9) inserted by No. 25 of 1968, s. 2 ]A reference in this Act (however expressed) to the marking of a package with a statement of the weight or measure of the article contained in the package shall be construed as including a reference to the marking with such a statement of a label attached to the package or to the article.

(10)  [Section 4 Subsection (10) added by No. 25 of 1968, s. 2 ]A reference in this Act (however expressed) –

(a) to a package containing an article, or a package in which an article is contained, shall be construed, where appropriate, as including a reference to a package to which an article is attached or around which an article is wound or wrapped; or

(b) to an article contained in a package, shall be construed, where appropriate, as including a reference to an article that is attached to, wound around, or wrapped around, a package.

PART II - Administration

5.   Administration: Appointment of inspectors

[Section 5 Substituted by 7 & 8 Geo. VI No. 102, s. 4 ]

(1)  [Section 5 Subsection (1) amended by No. 53 of 1964, s. 3 ]This Act shall, subject to the directions of the Minister, be administered by the Secretary.

(2)  [Section 5 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]Subject to and in accordance with the Tasmanian State Service Act 1984 , persons may be appointed or employed as inspectors for the purposes of this Act.

(3)  [Section 5 Subsection (3) amended by No. 53 of 1964, s. 3 ]Every inspector shall, in the performance of the duties imposed, and the exercise of the powers and functions conferred, on him by this Act, be subject to the control and direction of the Secretary.

(4)  [Section 5 Subsection (4) omitted by No. 21 of 1964, s. 3 ].  .  .  .  .  .  .  .  

6.   Provisions as to State railways

[Section 6 Substituted by 7 & 8 Geo. VI No. 102, s. 4 ][Section 6 Amended by No. 53 of 1964, s. 4 ]The Secretary shall, by arrangement with the Commission, take such steps as may be necessary for the examination, testing, and adjustment, in accordance with the provisions of this Act, of all weighing instruments used on railways under the control of the Commission.

7.   Approving authority

[Section 7 Inserted by No. 53 of 1964, s. 5 ]

(1)  For the purpose of approving the pattern of weights, measures, weighing instruments, and measuring instruments that may be used for trade there shall be an approving authority.

(2)  The Minister may enter into an arrangement with –

(a) the Organization; or

(b) some other person or body appointed, constituted, or established under a law of the Commonwealth –

for the Organization or, as the case may be, for that other person or body to act as the approving authority for the purposes of this Act.

(3)  An arrangement under subsection (2) of this section –

(a) shall be publicly notified by the Minister by the publication in the Gazette of a notice in such form as he considers appropriate; and

(b) continues in force until it is terminated by agreement between the Minister and the Organization or, as the case requires, the other person or body to whom or to which it relates.

(4)  Where an arrangement under subsection (2) of this section is terminated, the Minister shall cause notice of the termination thereof to be published in the Gazette.

(5)  In the absence of an arrangement under subsection (2) of this section, the Secretary is the approving authority for the purposes of this Act, and any reference in this Act to the approving authority shall be construed accordingly.

(6)  If the Secretary at any time exercises any power, function, or authority, or performs any duty, of the approving authority the fact that he exercises that power, function, or authority or performs that duty is, until the contrary is proved, evidence of the absence at that time of any arrangement under subsection (2) of this section.

(7)  The approving authority under any arrangement for the time being in force under subsection (2) of this section may at any time –

(a) amend, cancel, or modify any approval of a pattern of, or any certificate of approval of, a weight, measure, weighing instrument, or measuring instrument that, before the arrangement came into force, was granted or issued by the Secretary; and

(b) issue certificates of approval authorizing such minor modifications as the approving authority thinks fit of the pattern of any weight, measure, weighing instrument, or measuring instrument to which paragraph (a) of this subsection relates, as if that pattern had been approved by the approving authority pursuant to this Act.

8.   Approval of patterns of instruments, &c., for use for trade

[Section 8 Inserted by No. 53 of 1964, s. 5 ]

(1)  This section has effect during the currency of any arrangement made pursuant to subsection (2) of section seven.

(2)  The approving authority may, subject to the regulations, prepare and issue general specifications for the construction of weights, measures, weighing instruments, and measuring instruments and may at any time amend or cancel any such specifications.

(3)  Where any general specification is issued by the approving authority pursuant to subsection (2) of this section, the Secretary, upon receipt from the approving authority of advice of the issue of that specification, shall, by notification in the Gazette, declare that that specification is in force for the purposes of this Act, and when any such specification is amended or cancelled by the approving authority pursuant to that subsection, the Secretary, upon receipt from the approving authority of the advice of the amendment or cancellation, shall, by notification in the Gazette, declare that specification to be so amended or cancelled.

(4)  Where a pattern of a weight, measure, weighing instrument, or measuring instrument is submitted to the approving authority, as prescribed, for the purpose of the approval of that pattern, the approving authority shall, on payment of the prescribed fee, examine in such manner as the approving authority thinks fit the suitability for use for trade of a weight, measure, weighing instrument, or measuring instrument of that pattern, having regard in particular to the principle, materials, and methods used or proposed to be used in the construction of that weight, measure, weighing instrument, or measuring instrument.

(5)  If the approving authority is satisfied that a weight, measure, weighing instrument, or measuring instrument is suitable for use for trade and would not facilitate fraud, then, subject to this section –

(a) the approving authority shall issue a certificate of approval of the pattern thereof, and may thereafter issue certificates of approval authorizing such minor modifications of that pattern as the approving authority thinks fit; and

(b) if the pattern was approved by the Secretary as the approving authority, pursuant to section seven , the approving authority may issue a certificate of approval authorizing such minor modifications as the approving authority thinks fit of the pattern as approved by the Secretary.

(6)  Where a certificate is issued by the approving authority pursuant to subsection (5) of this section, the Secretary, upon receipt from the approving authority of advice of the issue of the certificate, shall notify in the Gazette the fact of the issue of the certificate and shall supply to all inspectors such particulars relating to the pattern or, as the case may be, modification to which the certificate relates as the approving authority may supply; but this subsection does not apply where the certificate is issued subject to such a condition as is referred to in subsection (7) of this section.

(7)  A certificate of approval under subsection (5) of this section may be issued subject to the condition, or may subsequently be made subject to the condition, that, except with the consent of the Secretary, a weight, measure, weighing instrument, or measuring instrument of the relevant pattern or modified pattern may be used for trade only for such period, or for such purposes, or in such circumstances, as the approving authority may specify, and in such a case the Secretary may, in his discretion, grant or refuse his consent.

(8)  The approving authority may at any time amend or cancel such a condition as is referred to in subsection (7) of this section.

(9)  The approving authority may at any time revoke any certificate of approval issued under this section and when such a certificate is revoked, the Secretary, upon receipt from the approving authority of advice of the revocation, shall notify the revocation in the Gazette.

(10)  A weight, measure, weighing instrument, or measuring instrument of a pattern or modified pattern in respect of which a certificate of approval has been issued under this section may, and in such cases as may be prescribed shall, be marked in the prescribed manner so as to identify it with that pattern or, as the case may be, modified pattern.

(11)  If the approving authority is satisfied that a pattern submitted to it under subsection (4) of this section conforms to any general specification for the time being in force under this section, it may, when issuing a certificate of approval of that pattern, indicate that the pattern conforms to that general specification.

PART III - Standards and units

9.   

[Section 9 Repealed by No. 13 of 1972, s. 2 ].  .  .  .  .  .  .  .  

10.   Standard weights and measures

[Section 10 Substituted by No. 53 of 1964, s. 6 ]

(1)  The Minister shall make arrangements for the provision and maintenance of such standards of measurement as are necessary for the purposes of this Act to provide means by which measurements may be made in terms of the Commonwealth legal units of measurement.

(2)  The several weights and measures that, immediately before the passing of the Weights and Measures Act (No. 2) 1964 , were deposited in the Treasury at Hobart –

(a) shall, as and when directed by the Minister, be removed therefrom and shall be deposited in the office of the Secretary; and

(b) upon being so deposited, shall be disposed of as the Minister may approve or direct.

(3)  The several weights and measures that, at the commencement of the Weights and Measures Act (No. 2) 1964 are in the custody of the Secretary, being –

(a) weights and measures supplied to the Secretary before the commencement of that Act by the National Standards Commission; and

(b) weights and measures purchased by the Secretary otherwise than from that Commission and verified before the commencement of that Act, in terms of the Commonwealth legal units of measurement –

shall be deemed to be standards of measurement provided by the Minister pursuant to subsection (1) of this section.

(4)  Within one month after the commencement of this subsection, the Minister shall cause to be published in the Gazette a notice containing –

(a) a list of the several weights and measures to which subsection (3) of this section relates; and

(b) a description thereof, and such other particulars relating thereto as the Minister may think appropriate.

(5)  The Minister may at any time cause to be provided and maintained such new or additional standards of measurement as he may think desirable, whether in addition to, or in substitution for, any of the standards that are referred to in subsection (3) of this section, and any new or additional standards so provided shall be deemed to be standards of measurement provided pursuant to subsection (1) of this section.

(6)  The Minister shall cause to be published in the Gazette notice of any standards of measurement that are provided pursuant to subsection (1) or subsection (5) of this section.

(7)  Every standard of measurement that is provided or deemed to be provided pursuant to subsection (1) of this section is a standard weight or, as the case may be, a standard measure of the State for the purposes of this Act.

(8)  In this section, National Standards Commission means the Commission constituted under the Weights and Measures (National Standards) Act 1948 of the Commonwealth and continued in existence by the Commonwealth Act .

10A.   Abolition of standards

[Section 10A Inserted by No. 53 of 1964, s. 6 ]The Minister may, by notice in the Gazette, declare that, on and from such date as may be specified in the notice, any standard weight or measure shall cease to be a standard weight or measure of the State for the purposes of this Act, and, upon the gazettal of such a notice, the weight or measure to which it relates ceases, on and from the date so specified, to be a standard weight or measure of the State for the purposes of this Act.

11.   Replacing lost standards, &c.

If any standard weight or measure is lost, destroyed, defaced, or injured, another weight or measure of the same standard shall be provided by the Minister in the place of the one so lost, destroyed, defaced, or injured, and shall be deemed to be a standard weight or measure of the State.

12.   Departmental standards

[Section 12 Subsection (2) amended by No. 53 of 1964, s. 7 ]

(1)  The Minister shall provide such copies of the standard weights and measures of the State as may be required.

(2)  [Section 12 Subsection (2) amended by 7 & 8 Geo. VI No. 102, s. 5 ]Such copies shall be verified as prescribed, and shall be known as "departmental standards", and shall be deposited in the office of the Secretary.

(3)  All copies of standard weights and measures provided under the Acts repealed by this Act shall be deemed, until superseded, to be departmental standards, and may be used for the purposes of this Act.

12A.   Inspectors' standards

[Section 12A Inserted by No. 53 of 1964, s. 8 ]

(1)  The Secretary shall, as often as may be required, provide for the use of inspectors such copies as he considers necessary of the departmental standards (as defined in section twelve ).

(2)  A standard that is provided pursuant to this section is in this Act referred to as an "inspector's standard".

13.   Verification of standards under Commonwealth Act

[Section 13 Inserted by No. 53 of 1964, s. 8 ]

(1)  The Minister may cause to be taken all such steps as are necessary or convenient to provide for the verification and, where appropriate, reverification, in accordance with the provisions of the Commonwealth Act , of any standard of measurement provided or deemed to be provided pursuant to subsection (1) of section ten.

(2)  The Minister may cause to be taken all such steps as are necessary or convenient to provide for the verification and, where appropriate, reverification of such of the standards of measurement provided or deemed to be provided pursuant to subsection (1) of section ten as he may think fit, by means of, by reference to, by comparison with, or by derivation from any standard of measurement verified and, where appropriate, reverified pursuant to subsection (1) of this section.

(3)  The Secretary may cause to be taken all such steps as are necessary or convenient to provide for the verification and, where appropriate, reverification of each departmental standard or inspector's standard, and that verification or reverification shall be by means of, by reference to, by comparison with, or by derivation from –

(a) an appropriate Commonwealth standard of measurement;

(b) an appropriate working standard of measurement (including any standard of measurement verified and, where appropriate, reverified pursuant to subsection (1) of this section);

(c) an appropriate subsidiary standard of measurement verified and, where appropriate, reverified pursuant to subsection (2) of this section, that is a subsidiary standard of measurement of a class higher than the class of the departmental standard or inspector's standard to be verified or reverified; or

(d) two or more standards of measurement, each of which is a standard of measurement referred to in any of the preceding paragraphs of this subsection.

(4)  Notwithstanding the verification or reverification of any standard of measurement verified or reverified pursuant to subsection (1) , or subsection (2) , or subsection (3) of this section, every such standard of measurement is and remains, subject to this Act –

(a) in the case of a standard of measurement that is verified pursuant to subsection (1) or subsection (2) of this section, a standard weight or, as the case may be, measure of the State for the purposes of this Act; and

(b) in the case of a standard measurement verified pursuant to subsection (3) of this section, a departmental standard or an inspector's standard for the purposes of this Act.

13A.   Custody of standards

[Section 13A Inserted by No. 53 of 1964, s. 8 ]The standard weights and measures of the State that are provided or deemed to be provided pursuant to subsection (1) of section ten, together with the departmental standards, shall be safely kept by the Secretary, and those standards, and all balances, apparatus, books, documents, and things used in connection therewith or relating thereto shall, for the purposes of this Act, be deemed to be in the custody of the Secretary.

14.   Units of weight and measure

[Section 14 Substituted by No. 13 of 1972, s. 3 ]The Commonwealth legal units of measurement are the units of weight and measure for the purposes of this Act.

PART IV - Verification of weights and measures

15.   Weights and measures to be verified and stamped

(1)  [Section 15 Subsection (1) amended by 7 & 8 Geo. VI No. 102, s. 7 ]Every weight and measure and every weighing and measuring instrument shall be stamped as prescribed, and shall be produced to an inspector, and shall be verified and stamped by him, in the prescribed manner, at intervals of not more than twelve months.

(2)  [Section 15 Subsection (2) substituted by No. 53 of 1964, s. 10 ]The regulations may –

(a) provide for the verification of –

(i) any specified weighing instruments or measuring instruments; or

(ii) weighing instruments or measuring instruments of any specified kind or class –

at more frequent intervals than the intervals required by subsection (1) of this section; and

(b) exempt from the provisions of this Act relating to the verification and reverification of instruments, either wholly or to such extent as is prescribed in the regulations and either unconditionally or subject to such conditions as may be so prescribed –

(i) any specified weighing instruments or measuring instruments; or

(ii) weighing instruments or measuring instruments of any specified kind or class.

(3)  Any weight or measure or weighing or measuring instrument, verified and stamped in accordance with the Acts repealed by this Act, shall be deemed to have been verified and stamped in accordance with this Act for a period of one year after the commencement of this Act.

(4)  [Section 15 Subsection (4) inserted by No. 53 of 1964, s. 10 ]Notwithstanding anything in the foregoing provisions of this section –

(a) where any weight, measure, weighing instrument, or measuring instrument is produced to an inspector for inspection as required by this section and it is not of a pattern or modified pattern in respect of which a certificate of approval is for the time being in force, an inspector shall not stamp that weight, measure, weighing instrument, or measuring instrument with a verification stamp or, if it is exempted by the regulations from being so stamped, issue any prescribed certificate with respect thereto;

(b) where there is in force a law of the Commonwealth prohibiting the passing, pursuant to the law of a State, of any instrument for use for trade unless that instrument is of a pattern in respect of which a certificate of approval granted under the Commonwealth Act is for the time being in force or is of such a pattern modified only in a manner for the time being authorized under the Commonwealth Act , an inspector shall not stamp that instrument with a verification stamp, or, if it is exempted by the regulations from being so stamped, issue any prescribed certificate with respect thereto, unless a certificate of approval granted under the Commonwealth Act is for the time being in force in respect of instruments of the pattern of that instrument or the instrument is of such a pattern modified only in a manner for the time being authorized under the Commonwealth Act ; and

(c) where there is in force a law of the Commonwealth prohibiting the passing pursuant to the law of the State of any instrument for use for trade unless on verification or reverification it falls within the limits of error prescribed under the Commonwealth Act for the particular class of instrument that is being verified or reverified, an inspector shall not stamp that instrument with a verification stamp or, if it is exempted by the regulations from being so stamped, issue any prescribed certificate with respect thereto, unless on verification or reverification the instrument falls within the limits of error prescribed under the Commonwealth Act for the particular class of instrument.

(5)  [Section 15 Subsection (5) inserted by No. 53 of 1964, s. 10 ]In the case of a weighing instrument or measuring instrument that is required by or under this Act to be produced to an inspector for inspection only after it has been installed at the place where it is to be used for trade, if, after the weighing instrument or measuring instrument has been so inspected, and it has been stamped with a verification stamp or, if it is exempted by the regulations from being so stamped, a prescribed certificate has been issued with respect thereto, that weighing instrument or measuring instrument is dismantled and re-installed, whether in the same place or some other place, it shall not be used for trade after being so re-installed until it has, subsequent to the re-installation, been inspected by an inspector and it has been re-stamped with a verification stamp or, if it is exempted by the regulations from being so stamped, another prescribed certificate has been issued with respect thereto.

(6)  [Section 15 Subsection (6) added by No. 53 of 1964, s. 10 ][Section 15 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 15 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who –

(a) where a weighing instrument or measuring instrument has been dismantled and re-installed, uses for trade or causes or permits any other person to use for trade that weighing instrument or measuring instrument in contravention of subsection (5) of this section; or

(b) where a weighing instrument or measuring instrument has been dismantled, disposes of it to another person without informing that other person that it cannot lawfully be used for trade after re-installation except in compliance with the provisions of subsection (5) of this section –

is guilty of an offence.

Penalty:  Fine not exceeding 5 penalty units.

16.   Provisions to be made for verification of certain weighing instruments

(1)  In the case of a weighing or measuring instrument of such a nature as not to be capable of being moved conveniently, it shall be a sufficient compliance with section fifteen if arrangements are made to the satisfaction of an inspector for the verification and stamping of such instrument.

(2)  For the verification of any weighing instrument exceeding a capacity of five hundredweight, the owner, at the request of an inspector, shall provide –

(a) weights, stamped by an inspector, up to one-tenth of the capacity of such instruments; and

(b) such heavy material, of such weight and in such form, and such labour as the inspector thinks necessary for the proper conduct of such verification.

17.   Special provisions as to weighing instruments

(1)  Unless an inspector considers it necessary for the purposes of adjustment, nothing which is not ordinarily part of a weighing instrument, shall be used to make it balance.

(2)  No weighing instrument with removable parts, the removal of which would affect the accuracy of the instrument, shall be stamped, unless the parts are of such a nature that the instrument cannot be used without them.

18.   

[Section 18 Repealed by 7 & 8 Geo. VI No. 102, s. 8 ].  .  .  .  .  .  .  .  

PART V - Provisions as to sales

19.   Standard weights and measures

[Section 19 Subsection (1) amended by No. 53 of 1964, s. 11 ]

(1)  [Section 19 Subsection (1) amended by No. 61 of 1951, s. 3 ]Every contract or dealing for any work to be done, or for any goods, wares, or merchandise, or other things to be sold, delivered, or carried by weight or measure, shall be made, and shall be deemed to be made, according to the standard weights and measures of the State within the meaning of this Act, or some multiple or aliquot part thereof.

(2)  [Section 19 Subsection (2) amended by No. 61 of 1951, s. 3 ]All tolls or duties charged or collected according to weight and measure shall be charged and collected according to the standard weights and measures or some multiple or aliquot part thereof.

(3)  Any contract or dealing made or entered into in contravention of this section shall be void.

(4)  This section shall not apply to any contract for the importation or export of goods, wares, or merchandise from or to any country where other than the standard weights and measures ascertained by this Act are used.

20.   

[Section 20 Repealed by No. 13 of 1972, s. 2 ].  .  .  .  .  .  .  .  

21.   

[Section 21 Repealed by No. 13 of 1972, s. 2 ].  .  .  .  .  .  .  .  

22.   Bushel weight

Where any contract provides for the sale by the bushel of any of the articles mentioned in the first column of the fifth schedule , the bushel shall consist of the weight in the second column of that schedule set opposite the name of the article.

23.   Sales to be by net weight or measure

[Section 23 Substituted by No. 25 of 1968, s. 3 ]

(1)  [Section 23 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Except as otherwise prescribed by or under this Act or any other Act, no person shall sell an article by weight or measure otherwise than by net weight or measure.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person by whom an article is sold shall, if the article is sold by weight or measure and is delivered to the purchaser at a place other than the premises of the seller, deliver or cause to be delivered with the article an invoice or delivery note showing the true net weight or measure of the article.

(3)  Subsection (2) of this section does not apply to or in relation to –

(a) an exempted article (within the meaning of section twenty-five H );

(b) a pre-packed article contained in a package on which is marked, in accordance with this Act, the net weight or measure of the article;

(c) a pre-packed article of a description to which section twenty-five P applies; or

(d) an article weighed or measured before or at the time of sale and in the presence of the purchaser.

(4)  In the case of liquors that are subject to duties of customs or excise, compliance with the requirements of any Commonwealth Act as to measures in relation to those liquors is sufficient compliance with this section.

(5)  Notwithstanding the foregoing provisions of this section, it is not an offence for a person to sell a prescribed article or an article included in a prescribed class of articles if the article does not vary by more than the prescribed proportion below the weight or measure marked on the package containing the article or shown in the invoice or delivery note delivered with the article as provided in subsection (2) of this section.

24.   Provision for weighing or measuring

(1)  [Section 24 Subsection (1) amended by 7 & 8 Geo. VI No. 102, s. 10 ]Every person who, whether in a shop or any other place, sells any article, by weight or measure, shall have in a conspicuous place capable of being easily seen and examined by the purchaser a suitable weighing instrument or measure, and shall, at the request of any purchaser of any such article, weigh or measure such article in the presence of the purchaser.

(2)  If any article so sold is not of the weight or measure represented, the seller shall be guilty of an offence.

(3)  [Section 24 Subsection (3) added by No. 25 of 1968, s. 4 ]For the purposes of –

(a) subsection (1) of this section;

(b) paragraph (d) of subsection (3) of section twenty-three; and

(c) subsection (2) of section twenty-five H –

an article shall be deemed not to be weighed or measured in the presence of the purchaser unless the instrument by which the article is weighed or measured is so constructed, placed in such a position, and so used as to enable the purchaser to have a clear and unobstructed view of, and to see easily –

(d) the weight or measure, or indication of the weight or measure, of the article; and

(e) the operation of the weighing or measuring of the article.

25.   Sale of coal and firewood

(1)  Subject to the provisions of this section, all coal and firewood shall be sold by net weight.

(2)  [Section 25 Subsection (2) substituted by No. 61 of 1951, s. 5 ][Section 25 Subsection (2) amended by No. 13 of 1972, s. 4 ]In any case where the quantity of coal or firewood sold exceeds five hundredweight (or, if sold by metric weight, two hundred and fifty kilogrammes), that coal or firewood may be sold –

(a) by net weight or by measurement; or

(b) if the purchaser consents in writing to the transaction, in such other manner as may be agreed upon between the seller and the purchaser.

(2A)  [Section 25 Subsection (2A) inserted by No. 61 of 1951, s. 5 ]In any case where any coal or firewood is sold by net weight or by measurement, the seller shall cause the true net weight, or, as the case may be, the true measurement, of the coal or firewood to be clearly stated on an invoice or delivery note and shall cause that invoice or delivery note to be carried by the person in charge of the vehicle used for the conveyance of the coal or firewood and to be handed to the purchaser at the time of the delivery to him of the coal or firewood.

(3)  [Section 25 Subsection (3) amended by No. 61 of 1951, s. 5 ]In the case of any sale of coal or firewood otherwise than by net weight, or by measurement, the person in charge of the vehicle conveying such coal or firewood shall carry the written consent of the purchaser to the sale, and shall produce such consent, on demand, to an inspector.

(4)  [Section 25 Subsection (4) substituted by No. 13 of 1972, s. 4 ]Where firewood is sold by measurement the seller shall state the quantity sold in the invoice or delivery note in terms of cubic feet or cubic metres when stacked.

(5)  [Section 25 Subsection (5) substituted by No. 13 of 1972, s. 4 ]Where coal is sold by measurement the seller shall state the quantity sold in the invoice or delivery note in terms of cubic feet or cubic metres.

PART VA - Sale of bread

[Part VA Inserted by No. 21 of 1964, s. 5 ]

25A.   Interpretation

[Section 25A Inserted by No. 21 of 1964, s. 5 ]

(1)  In this Part, unless the contrary intention appears –

analyst means the Government Analyst or an analyst appointed under Part VIII of the Public Health Act 1962 ;

bakery means any premises at which a bakery business is, or is held out to be, carried on, but does not include any part of those premises that is used as a dwelling unless loaves are made or kept for sale in that part of the premises;

bakery business means the trade or business of the making and selling of loaves or the making of loaves for the purposes of sale, or any trade or business that includes the making and selling of loaves or the making of loaves for the purposes of sale;

bread means the product obtained by baking a yeast leavened dough prepared from flour or meal, or a mixture thereof, and water, with or without the addition of any other substance or thing;

flour or meal includes any flour or meal to which any substance or thing has been added and any flour or meal any component substance of which has been removed, reduced, or added to;

loaf means a loaf of bread and any other article that is made wholly or mainly of bread;

loaf of a special kind means a loaf of a kind prescribed by regulations made for the purposes of section twenty-five C .

(2)  A loaf that has been sliced or otherwise divided and is wrapped for sale in a separate package shall be deemed for the purposes of this Part to be a single loaf.

(3)  A reference in this Part to the weight of the dry solids in a loaf shall be construed as a reference to the weight of the water-free substance of the bread of that loaf.

25B.   Denominations, &c., of loaves generally

[Section 25B Inserted by No. 21 of 1964, s. 5 ]

(1)  Where a loaf has a weight specified in the second column of the sixth schedule it shall, for the purposes of this Part be deemed to be a loaf of the denomination corresponding thereto specified in the first column of that schedule .

(2)  For a loaf of a denomination specified in the first column of the sixth schedule –

(a) the standard weight is the weight corresponding to that denomination specified in the third column of that schedule ; and

(b) the required weight of dry solids is the weight corresponding to that denomination specified in the fourth column of that schedule .

(3)  This section does not apply to loaves of a special kind.

25C.   Denominations, &c., of loaves of special kinds

[Section 25C Inserted by No. 21 of 1964, s. 5 ][Section 25C Subsection (5) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  Regulations under this Act may, in respect of loaves of a kind prescribed by the regulations, prescribe –

(a) the denominations of those loaves and the weights of the loaves that are to be deemed for the purposes of this Part to be loaves of each of those denominations;

(b) the standard weights for loaves of each of those denominations; and

(c) the required weights of dry solids for loaves of each of those denominations.

(2)  Regulations made for the purposes of this section may prescribe only one denomination for loaves of any particular kind.

(3)  Regulations made for the purposes of this section may describe the loaves to which they relate by reference to all or any of the following matters:

(a) The process by which the bread of the loaves is made;

(b) The flour or meal from which that bread is made, or any substances used in the making of the bread or the loaf; and

(c) The composition of, or any constituent of, or the amount of any constituent of, the loaf, or the bread of the loaf.

(4)  Regulations under this Act may prescribe the conditions under which a loaf of any special kind, or a loaf of any special kind of a prescribed denomination, may be sold; and those conditions may relate to any of the following matters, namely:

(a) The shape, or any of the dimensions of the shape, of the loaf;

(b) The words or other markings to be embossed, inscribed, or otherwise to be made visible on or in the crust of the loaf; and

(c) The wrapping of the loaf, and the inscriptions or other markings to be put or made on the material in which the loaf is wrapped.

(5)  [Section 25C Subsection (5) amended by No. 55 of 1965, s. 5 ]Where regulations made for the purposes of this section prescribe the conditions under which a loaf may be sold no person shall sell that loaf otherwise than in compliance with those conditions.

Penalty:  Fine not exceeding 5 penalty units.

25D.   Selection of loaves for weighing and analysis

[Section 25D Inserted by No. 21 of 1964, s. 5 ]

(1)  Where an inspector ascertains that the average weight of at least twenty loaves of the same denomination found by him in a bakery, or on a vehicle used for the delivery of bread, or, if less than that number of loaves of that denomination is so found, of all of the loaves of that denomination so found, is less than the standard weight for that denomination, he may select such two of the loaves weighed by him for the purpose of determining that average weight as appear to him to have weights equal to or most closely approaching that average weight.

(2)  In determining the average weight of any loaves for the purpose of subsection (1) of this section an inspector shall disregard, and shall not be required to weigh, any loaf withdrawn from an oven while he is on the premises in which the loaves are found.

(3)  Where an inspector selects two loaves under subsection (1) of this section he shall cause each of them to be wrapped and sealed in a separate package and each of those packages to be clearly and legibly marked with some distinctive mark of identification.

(4)  The inspector shall deliver, or, if delivery is not taken, tender, one of the loaves wrapped and sealed in accordance with subsection (3) of this section to a person who is, or is apparently, in charge of, or employed at, the premises in which the loaf was found, or who is, or is apparently, in charge of the vehicle on which it was found, or who is, or is apparently, employed in connection with any business that is carried on on those premises or for the purpose of which the vehicle is, or is apparently, being used.

(5)  The inspector shall take the other of the loaves wrapped and sealed in accordance with subsection (3) of this section and as soon as is reasonably practicable deliver or transmit it to an analyst by such means as he considers most expeditious and convenient in the circumstances.

25E.   Offences in relation to manufacture of loaves

[Section 25E Inserted by No. 21 of 1964, s. 5 ][Section 25E Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  Where a loaf of any denomination selected by an inspector under subsection (1) of section twenty-five D has a weight less than the standard weight for that denomination and contains less than the required weight of dry solids that loaf shall for the purposes of this Act be deemed to be a loaf that is found not to conform to the required standards.

(2)  No person shall make, or cause to be made, a loaf that is found not to conform to the required standards.

(3)  It is a defence in any proceedings for an offence alleged to have been committed against subsection (2) of this section in respect of one of the two loaves selected under subsection (1) of section twenty-five D by an inspector to show that the other of those loaves has a weight not less than the standard weight for loaves of the denomination of that loaf and contains not less than the required weight of dry solids.

(4)  [Section 25E Subsection (4) amended by No. 55 of 1965, s. 5 ]A person who is guilty of an offence against this section is liable to a fine not exceeding 5 penalty units, or, if he has previously been convicted of such an offence, a fine not exceeding 10 penalty units.

25F.   Certificate of analysis

[Section 25F Inserted by No. 21 of 1964, s. 5 ][Section 25F Renumbered by No. 22 of 1970, s. 3 ][Section 25F Amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  Any person is entitled, on the delivery of a loaf to an analyst and on payment of the prescribed fee, to have that loaf analysed, and to receive from the analyst a certificate as to the result of his analysis.

(2)  The certificate of an analyst of the result of an analysis made by him of a loaf submitted to him under this Part shall be in the prescribed form.

(3)  Regulations made under this Act may prescribe the method by which a loaf is to be analysed, and where an analyst gives a certificate of the result of his analysis of such a loaf he shall declare that, in performing his analysis, he has followed that method.

(4)  No proceedings shall be taken against a person for an offence under this Part in respect of a loaf unless a copy of the certificate of the analyst of his analysis of that loaf has been transmitted to that person within twenty-eight days after the loaf was so found.

(5)  Subsection (4) of this section does not apply in respect of proceedings for an offence under subsection (5) of section twenty-five C unless the loaf in relation to which the proceedings are taken has been submitted to an analyst for analysis.

(6)  In proceedings in respect of an offence against this Part the production of an analyst's certificate is sufficient evidence of the facts stated therein unless the party against whom the certificate is tendered has given notice in writing to the other party, at least four days before the hearing, that he requires the analyst to be called as a witness.

(7)  Subsection (6) of this section does not apply in relation to a certificate tendered by the defendant unless a copy thereof has been delivered to the prosecutor at least seven days before the hearing.

(8)  In performing an analysis of a loaf for the purposes of this Act an analyst is only required to carry out such an analysis as is necessary to determine the weight of dry solids contained in the loaf and also, if the loaf is a loaf of a special kind, such other facts as it is necessary to determine for the purpose of determining whether or not the loaf is a loaf of that special kind, being facts that may be determined by an analysis of the bread of the loaf.

(9)  [Section 25F Subsection (9) amended by No. 55 of 1965, s. 5 ]No person shall, for trading purposes or advertisement, use any analysis of a loaf made by an analyst for the purposes of this Part.

Penalty:  Fine not exceeding 5 penalty units.

PART VB - Special provisions relating to pre-packed articles

[Part VB Inserted by No. 25 of 1968, s. 5 ]

25G.   Construction of this Part

[Section 25G Inserted by No. 25 of 1968, s. 5 ]The provisions of this Part and of the regulations made under this Part shall be construed as being in addition to the provisions of any other law of the State relating to the affixing of labels to articles of any description or to packages containing articles of any description or relating to the particulars, information, statements, words, or other matter to be set forth in any such labels.

25H.   Exemptions from the operation of this Part

[Section 25H Inserted by No. 25 of 1968, s. 5 ]

(1)  Nothing in this Part applies to or in relation to –

(a) an exempted article; or

(b) a package that contains an exempted article only or two or more exempted articles only.

(2)  Nothing in this Part with respect to the packing of an article for sale or the marking of a package containing an article applies to or in relation to an article that is, otherwise than at the request of the purchaser, weighed or measured before or at the time of sale and in the presence of the purchaser, or to a package containing such an article.

(3)  In this section –

exempted article means –

(a) bread;

(b) solid fuel; and

(c) an article of any description that is wholly exempted by the regulations from the operation of this Part;

solid fuel means coal, coke, and firewood.

25J.   Name, &c., of packer to be marked on packages

[Section 25J Substituted by No. 22 of 1970, s. 4 ]

(1)  [Section 25J Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall pack an article for sale, or cause, permit, or suffer an article to be packed for sale, unless the package in which the article is contained is marked –

(a) in the case of an article that is packed for or on behalf of another person who has an address within the State by a person who is not an employee of that other person, with –

(i) the name and address –

(A) of that other person; or

(B) of the person by whom the article is packed; or

(ii) an approved brand, being a brand approved for use by –

(A) that other person; or

(B) the person by whom the article is packed; or

(b) in any other case, with –

(i) the name and address of the person by whom the article is packed; or

(ii) an approved brand, being a brand approved for use by the person by whom the article is packed.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Where an article is packed by a person as an employee of another person, a reference in subsection (1) of this section to –

(a) the name and address of the person by whom the article is packed; or

(b) a brand approved for use by the person by whom the article is packed –

shall be read as a reference to the name and address, or, as the case may be, the approved brand of that other person.

(3)  Where an article is packed by or for or on behalf of a corporation or by or for or on behalf of a person or of persons trading under a business name –

(a) the name required by subsection (1) of this section to be marked on a package is –

(i) in the case of a corporation, the name under which the corporation is incorporated; or

(ii) in the case of a person or of persons trading under a business name, that business name as registered under the Business Names Act 1962 ; and

(b) the address required by that subsection to be marked on a package is –

(i) in the case of a corporation, the address of its registered office in the State; or

(ii) in the case of a person or of persons trading under a business name, the address of the sole or principal place of business of that person or those persons in the State.

(4)  For the purposes of subsection (5) of this section, a package containing a pre-packed article shall not be regarded as being marked in accordance with subsection (1) of this section unless –

(a) the name and address of the person by whom or for or on behalf of whom the article was packed, as marked on the package, contains a reference to the State; and

(b) where the regulations make provision with respect to the form and manner in which a name and address, or an approved brand, shall be marked on packages for the purposes of this section, the package is marked in the form and manner prescribed in the regulations.

(5)  [Section 25J Subsection (5) amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person shall sell a pre-packed article unless the package containing the article is marked in accordance with the provisions of –

(a) subsection (1) of this section; or

(b) a corresponding law, if the article was packed outside the State but within the Commonwealth.

Penalty:  Fine not exceeding 2 penalty units.

(6)  Subsection (5) of this section does not prohibit the sale, pursuant to a permit under section twenty-five M , of an article to which the permit relates.

(7)  [Section 25J Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall mark his name and address or his approved brand, or cause, permit, or suffer his name and address or his approved brand to be marked on a package containing a pre-packed article unless he has means of identifying, at the time of marking and thereafter, the place where the article is packed.

Penalty:  Fine not exceeding 10 penalty units.

(8)  In proceedings in respect of an offence against subsection (7) of this section, evidence of the failure of the person referred to in that subsection to inform an inspector, at the request of the inspector, of the place referred to in that subsection is evidence that, at the time of the marking of the package and thereafter, that person did not have the means of identifying that place.

(9)  Where the name and address of a person are, or the approved brand of a person is, marked on a package containing a pre-packed article, that person shall, if so required by an inspector, furnish to the inspector within such time as the inspector allows a statement in writing specifying the name and address of the person who packed the article and the place at which it was packed.

(10)  [Section 25J Subsection (10) amended by No. 43 of 1991, s. 5 and Sched. 1 ]If a person who is required by an inspector to furnish to the inspector such a statement as is mentioned in subsection (9) of this section –

(a) fails to furnish the statement to the inspector within the time allowed by the inspector; or

(b) furnishes such a statement that is false or misleading in a material particular –

that person is guilty of an offence against this Act.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(11)  In paragraph (b) of subsection (5) of this section, corresponding law means a law, or a specified provision of a law, of a State other than this State or of a Territory of the Commonwealth that is declared by the Minister, by order, to be a corresponding law for the purposes of that paragraph.

25K.   Certain articles to be packed and sold only in certain denominations

[Section 25K Inserted by No. 25 of 1968, s. 5 ][Section 25K Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 25K Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall, on or after the appointed day, pack for sale, or cause, permit, or suffer to be packed for sale, an article of any description to which this section applies except in a weight or measure of such denomination as may be prescribed in relation to articles of that particular description.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(2)  For the purposes of subsection (1) of this section, the appointed day, in relation to articles of any particular description, is such day as the Minister may, by order, declare to be the appointed day in relation to articles of that description.

(3)  [Section 25K Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall, on or after the appointed day, sell a pre-packed article (being an article of a description to which this section applies) if the article is packed otherwise than as required by subsection (1) of this section.

Penalty:  For a first offence, fine not exceeding 2 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(4)  For the purposes of subsection (3) of this section, the appointed day, in relation to articles of any particular description, is such day as the Minister may, by order, declare to be the appointed day in relation to articles of that description.

(5)  Subsection (3) of this section does not apply to or in relation to the sale of an article of a description to which a permit under section twenty-five M relates.

(6)  An order made by the Minister under this section –

(a) may declare different days as the appointed day for the purposes of subsections (1) and (3) , respectively, of this section; and

(b) may declare different days as the appointed day for the purposes of subsections (1) and (3) , respectively, of this section in relation to articles of different descriptions –

but a day so declared shall be a day not earlier than one year after the date of commencement of this section and not earlier than the day on which the order is notified in the Gazette.

(7)  This section applies to articles of such descriptions as may be prescribed.

25L.   Packages, &c., to be marked with particulars of the quantity of the articles contained therein

[Section 25L Inserted by No. 25 of 1968, s. 5 ]

(1)  [Section 25L Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall, on or after the appointed day, pack for sale, or cause, permit, or suffer to be packed for sale, an article of a description to which this section applies unless the package containing the article is marked, in accordance with the regulations, with a statement of the true weight or measure of the article.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(2)  For the purposes of subsection (1) of this section, the appointed day, in relation to articles of any particular description, is such day as the Minister may, by order, declare to be the appointed day in relation to articles of that description.

(3)  [Section 25L Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall, on or after the appointed day, sell a pre-packed article (being an article of a description to which this section applies) unless the package in which the article is contained is marked as required by subsection (1) of this section.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(4)  For the purposes of subsection (3) of this section, the appointed day, in relation to articles of any particular description, is such a day as the Minister may, by order, declare to be the appointed day in relation to articles of that description.

(5)  Subsection (3) of this section does not apply to or in relation to the sale of an article to which a permit under section twenty-five M relates.

(6)  An order made by the Minister under this section –

(a) may declare different days as the appointed day for the purposes of subsections (1) and (3) , respectively, of this section; and

(b) may declare different days as the appointed day for the purposes of subsections (1) and (3) , respectively, of this section in relation to articles of different descriptions.

(7)  This section applies to articles of such descriptions as may be prescribed.

25M.   Permits for sale of articles that do not comply with the prescribed requirements

[Section 25M Inserted by No. 25 of 1968, s. 5 ]

(1)  Where any pre-packed articles were not packed, or the packages containing any such articles are not marked, as required by or under any provision of this Part with respect to the packing of the articles or the marking of the packages in which the articles are contained, and –

(a) the Minister is satisfied that the articles were, when packed, intended to be exported from Australia and considers that it is just or reasonable that the sale of the articles in the State should be permitted;

(b) the Minister is satisfied that the articles were packed outside Australia and were brought into the State in such circumstances as, in the opinion of the Minister, render it just and reasonable that the sale of the articles in the State should be permitted; or

(c) the Minister is satisfied that the articles were packed within Australia and he considers that, having regard to the date when the articles were packed or to any other relevant circumstances, it is just and reasonable that the sale of the articles in the State should be permitted –

the Minister may, on the application of a person, grant to that person a permit authorizing the sale of the articles in the State by that person.

(2)  A permit under this section may be granted on and subject to –

(a) such conditions as are specified in the permit with respect to –

(i) the number of individual articles the sale of which is authorized by the permit;

(ii) the form and manner in which the weight or measure of the articles contained in each package shall be indicated; and

(iii) the weight or measure of the articles contained in each package; and

(b) such other conditions (if any), whether or not of the same or a similar kind as the conditions referred to in paragraph (a) of this subsection, as the Minister determines and specifies in the permit.

(3)  [Section 25M Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who sells an article the sale of which is authorized by a permit under this section to another person for the purpose of resale shall, before or at the time of the sale of the article to that other person, inform that other person in writing of the conditions specified in the permit, in default whereof the first-mentioned person is guilty of an offence against this Act.

Penalty:  Fine not exceeding 10 penalty units.

(4)  [Section 25M Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall –

(a) sell an article the sale of which is authorized by a permit under this section otherwise than in accordance with the conditions specified in the permit;

(b) falsely represent that a permit has been granted under this section or that such a permit has been granted in relation to any particular article;

(c) sell any article the sale of which was authorized by a permit under this section at any time after the permit has ceased to be in force, whether by reason of its cancellation or of the effluxion of time; or

(d) being the holder of a permit under this section, sell pursuant to the permit any greater number of individual articles than the number (if any) of articles to which the permit relates.

Penalty:  Fine not exceeding 10 penalty units.

(5)  A person to whom a permit under this section is granted shall, while the permit is in force, deliver or forward by post to the Secretary, on or before the fifteenth day of each month, a return, in a form approved by the Minister, containing particulars of all articles sold by that person under the authority of the permit during the preceding month.

(6)  Unless sooner cancelled pursuant to subsection (7) of this section, a permit under this section continues in force for such period as is specified in the permit, but may be renewed by the Minister for such further period or periods as the Minister may think fit.

(7)  The Minister may, at any time, by notice in writing to the holder of a permit under this section, cancel the permit if the Minister is satisfied that it is desirable in the public interest to do so.

(8)  Where a permit under this section is cancelled pursuant to subsection (7) of this section, the holder thereof shall forthwith deliver up the permit to the Secretary.

25N.   Incorrect weight or measure

[Section 25N Inserted by No. 25 of 1968, s. 5 ][Section 25N Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 25N Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Subject to this section, where the true weight or measure of a pre-packed article is less than the weight or measure of the article marked on the package containing the article the person who packed the article, or who caused, permitted, or suffered the article to be packed, is guilty of an offence against this Act.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(2)  For the purposes of subsection (1) of this section, the true weight of a pre-packed article of any description to which section twenty-five P applies shall be deemed to be less than the weight of the article marked on the package containing it unless the true weight of the article is, at the time when it is packed and at all times thereafter during the day on which it is packed, equal to or greater than the weight so marked.

(3)  [Section 25N Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Subject to this section, a person who sells a pre-packed article the true weight or measure of which is less than the weight or measure of the article marked on the package containing the article is guilty of an offence against this Act.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(4)  The foregoing provisions of this section have effect in relation to any pre-packed article whether or not the package containing the article is required, by or under this Part, to be marked with a statement of the weight or measure of the article.

(5)  Where a package is marked with a statement of the weight or measure of an article contained therein expressed in Commonwealth legal units of measurement related to the yard, the pound, or the gallon, and is, in addition, marked, pursuant to the regulations, with a statement of the weight or measure of its contents expressed in terms of some other unit of measurement, the true weight or measure of the article shall, for the purposes of this section, be deemed to be less than the weight or measure of the article marked on the package if that true weight or measure is less than the weight or measure specified in either of those statements.

(6)  [Section 25N Subsection (6) amended by No. 13 of 1972, s. 5 ]Subject to subsection (3) of section twenty-five P and to subsection (3) of section twenty-five Q, a pre-packed article shall, for the purposes of this Part, be deemed to be of a true weight or measure equal to the weight or measure marked on the package in which the article is contained –

(a) if any deficiency in the weight or measure of the article does not exceed five parts per cent of the weight or measure marked on the package or, where the article is contained in a glass bottle the stated contents of which do not exceed eight ounces or two hundred and fifty grammes or, as the case may be, eight fluid ounces or two hundred and fifty millilitres, seven and one-half per cent of the stated contents; and

(b) there is no average deficiency in the contents of twelve packages containing the article taken at random by an inspector or, where there are less than twelve such packages available, in the contents of all the available packages, being not fewer than six.

(7)  [Section 25N Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where a pre-packed article is sold at a stated price per unit of weight or measurement and the statement of the price of the article marked on the package containing the article is inconsistent with the price correctly computed from the true weight or measure of the article and the stated price per unit of weight or measurement, the person who marked the package with the statement of price, or who caused, permitted, or suffered the package to be so marked, and the person who sold the article, are both guilty of an offence against this Act.

Penalty:  Fine not exceeding 10 penalty units.

(8)  In proceedings in respect of an offence against subsection (3) of this section, it is a defence for the person charged to prove –

(a) that –

(i) the person from whom he purchased the article or who packed the article furnished him with a written guarantee that the weight or measure of the article marked on the package containing the article was correct; and

(ii) he sold or delivered the article in the same state as it was when delivered to him; or

(b) that –

(i) he purchased the article in a package that was marked as required by sections twenty-five J and twenty-five L ;

(ii) he sold or delivered the article in the same state as it was when delivered to him; and

(iii) the person who packed the article or the agent of that person or of the manufacturer of the article, from which agent the person charged purchased the article, is resident in the State –

and, in such a case, the marking on the package of the weight or measure of the article contained therein constitutes, for the purposes of this Act a warranty by the person who packed the article or, as the case requires, by that agent that the true weight or measure of the article is as marked on the package.

(9)  Where the true weight or measure of an article contained in such a package as is referred to in subparagraph (i) of paragraph (b) of subsection (8) of this section is found by an inspector to be less than the weight or measure marked on the package containing the article, any person who appears from the marking on the package to have packed the article or, if that person is not resident in the State, the agent referred to in that subsection –

(a) shall be deemed to have sold the article to the inspector on the day when, and at the place where, the inspector weighed or measured the article or caused it to be weighed or measured; and

(b) is liable to the same penalty as if he had actually sold the article to the inspector on that day and at that place.

(10)  [Section 25N Subsection (10) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who gives such a guarantee as is referred to in paragraph (a) of subsection (8) of this section that is false or misleading in a material particular is guilty of an offence against this Act.

Penalty:  Fine not exceeding 20 penalty units.

(11)  In proceedings against a person in respect of an offence against subsection (10) of this section, it is a defence for the person charged to prove that any discrepancy between the true weight or measure of the article to which the proceedings relate and the weight or measure of the article as stated in the guarantee –

(a) arose after the giving of the guarantee and was attributable wholly to factors for which reasonable allowance was made in stating the weight or measure of the article;

(b) was attributable wholly to the taking of measures reasonably necessary in order to avoid the commission of an offence in respect of a deficiency in the weight or measure of that article or of any other article; or

(c) is due to the act or default of some other person after the article had passed from the control of the person charged.

(12)  Subsections (8) and (11) of this section do not apply unless the person charged has, not less than two days before the date set down for the hearing of the proceedings, notified the complainant that he intends to avail himself of the protection of subsection (8) , or, as the case may be, of subsection (11) , of this section, giving the reasons relied on for claiming that protection.

25P.   Articles that may be marked "Net weight when packed"

[Section 25P Inserted by No. 25 of 1968, s. 5 ]

(1)  Where an article of a description to which this section applies (being a pre-packed article) is of such a nature and is so packed that the weight of the article is, or is likely by reason of climatic conditions or evaporation to be, subject to variation after the packing of the article, the regulations may provide that packages containing articles of that description may be marked, in the prescribed form and manner, with the words "Net weight when packed", or words to the like effect.

(2)  [Section 25P Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall mark, or cause, permit, or suffer to be marked, the words "Net weight when packed", or words to the like effect on a package containing any article other than an article to which this section applies.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(3)  Notwithstanding anything in subsection (6) of section twenty-five N, where –

(a) an article of a description to which this section applies is contained in a package marked, pursuant to this section, with the words "Net weight when packed" or words to the like effect;

(b) articles of that description are declared by the regulations to be articles that are subject to the provisions of this subsection; and

(c) at any time subsequent to the day when the article was packed –

(i) there is a deficiency of weight of the article exceeding such number of parts per cent (being greater than five parts per cent) of the weight marked on the package as is prescribed for the purposes of this subsection in relation to articles of that description; or

(ii) there is an average deficiency exceeding such number of parts per cent of the weight marked on the package as is prescribed as the permissible average deficiency for the purposes of this subsection in relation to articles of that description in the contents of twelve packages containing the article taken at random by an inspector or, where there are less than twelve such packages available, in the contents of all the available packages, being not fewer than six –

the article shall, for the purposes of this Part, be deemed not to have been, at the time when the article was packed and at all times thereafter during the day on which the article was packed, of a true weight equal to the weight stated on the package.

(4)  The regulations may require that, in addition to any other particulars required by or under this Act to be marked on the package containing an article of any description that is subject to the provisions of subsection (3) of this section, the package shall be marked with the date when the article was packed or with an approved brand indicating that date.

(5)  This section applies to articles of such descriptions as may be prescribed.

25Q.   Articles that may be marked "Net weight at standard condition"

[Section 25Q Inserted by No. 25 of 1968, s. 5 ]

(1)  A package (not being a hermetically-sealed package) containing an article of a description to which this section applies may be marked, in the prescribed form and manner, with the words "Net weight at standard condition" or words to the like effect.

(2)  [Section 25Q Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]No person shall mark, or cause, permit, or suffer to be marked, the words "Net weight at standard condition" or words to the like effect on a package containing an article unless –

(a) the article is an article of a description to which this section applies; and

(b) where the regulations so provide, there is also marked on the package such a statement as is referred to in paragraph (b) of subsection (4) of this section.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(3)  Notwithstanding anything in subsection (6) of section twenty-five N, an article of a description to which this section applies that is contained in a package marked as provided in subsection (1) of this section shall be deemed to be of a true weight equal to the weight marked on the package if –

(a) any deficiency of weight of the article does not exceed such number of parts per cent as is prescribed in relation to articles of that description; and

(b) where the regulations prescribe a permissible average deficiency in relation to articles of that description, the average deficiency in the contents of twelve packages containing the article taken at random by an inspector or, where there are less than twelve such packages available, in the contents of all the available packages, being not less than six, does not exceed the permissible average deficiency so prescribed.

(4)  The regulations may –

(a) generally, or in relation to an article of any particular description, or in relation to articles that are composed of two or more different materials, prescribe and regulate the manner in which any deficiency referred to in paragraph (a) or paragraph (b) of subsection (3) of this section shall or may be determined; and

(b) either generally or in relation to an article of any particular description, provide that where a package containing an article is marked as provided in subsection (1) of this section the package shall also be marked with a correct statement of the proportion by weight of the several types of material of which the article is composed.

(5)  This section applies to articles of such descriptions as may be prescribed.

25R.   Prohibition and restriction of use of certain expressions on packages

[Section 25R Inserted by No. 25 of 1968, s. 5 ]

(1)  [Section 25R Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Subject to this section, if a prohibited expression or a restricted expression is marked on a package containing a pre-packed article, the person who packed the article, or who caused, permitted, or suffered the article to be packed, is guilty of an offence against this Act.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

(2)  Subject to this section, a person who sells a pre-packed article contained in a package on which a prohibited expression or a restricted expression is marked is guilty of an offence against this Act.

(3)  The provisions of subsections (1) and (2) of this section do not apply to or in relation to an article contained in a package on which a restricted expression is marked if, in addition to that expression –

(a) there is marked on every part of the package on which the restricted expression appears such a statement as to the weight or measure of the article contained in the package as is referred to in subsection (1) of section twenty-five L, whether or not the article is an article of a description to which that section applies;

(b) the restricted expression and that statement are so placed and so marked that both may be seen clearly at the same time; and

(c) each of the letters or figures contained in that statement –

(i) is of a size not less than the minimum size of print prescribed by the regulations in relation to the dimension of the package;

(ii) is of a size not less than one-third of the size of the largest letter or figure contained in the restricted expression; and

(iii) is marked in a colour of a distinct contrast to the colour of its background.

(4)  In this section –

prohibited expression means any expression (whether consisting of a single word or of more words than one and whether in an abbreviated form or not) that directly or indirectly relates to or qualifies a unit of measurement of a physical quantity and, without prejudice to the generality of the foregoing, includes any expression declared by the regulations to be a prohibited expression for the purposes of this section;

restricted expression means any expression (not being a prohibited expression), and whether consisting of a single word or of more words than one or of any word or words in combination with any figure or figures and whether in an abbreviated form or not, that directly or indirectly relates to the size of the package containing the article (not being such a statement as to the weight or measure of the article as is required by subsection (1) of section twenty-five L) and without prejudice to the generality of the foregoing, includes any expression that is declared by the regulations to be a restricted expression for the purposes of this section.

25S.   Approval of brands

[Section 25S Inserted by No. 25 of 1968, s. 5 ]

(1)  [Section 25S Subsection (1) amended by No. 22 of 1970, s. 5 ]On the application of a person whose business is or includes the packing of articles for sale, the Secretary may approve in writing of a brand for use by that person for the purpose of marking on packages –

(a) a name and address referred to in paragraph (a) of subsection (1) of section twenty-five J;

(b) a name and address referred to in paragraph (b) of that subsection; or

(c) where the regulations so require, the dates when the articles contained in the packages were packed –

and a package on which such a brand is marked in accordance with the approval shall, for the purposes of this Part, be deemed to be marked as required by subsection (1) of section twenty-five J with the name and address referred to in paragraph (a) or paragraph (b) of that subsection, or, as the case may be, with the date when the article contained therein was packed.

(2)  An approval under subsection (1) of this section may be granted subject to such conditions (if any) as the Secretary determines and specifies in the approval, and may be cancelled by the Secretary at any time by notice in writing to the person to whom the approval was granted.

(3)  [Section 25S Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person to whom an approval under subsection (1) of this section has been granted subject to conditions shall not mark a package containing an article, or cause, permit, or suffer such a package to be marked, with the brand specified in the approval otherwise than in compliance in all respects with those conditions.

Penalty:  Fine not exceeding 10 penalty units.

(4)  [Section 25S Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where an approval has been granted to a person under this section of a brand for use by that person for the purpose of marking on packages the name and address referred to in paragraph (a) of subsection (1) of this section, or the name and address referred to in paragraph (b) of that subsection, no person other than the person to whom that approval was granted or a person having his authority to do so shall mark a package containing an article with the brand specified in the approval or with any other brand so closely resembling the brand specified in the approval as to be likely to lead to the belief that it is the brand specified in the approval.

Penalty:  Fine not exceeding 10 penalty units.

25T.   Regulations

[Section 25T Inserted by No. 25 of 1968, s. 5 ]

(1)  [Section 25T Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]The Governor may make regulations for the purposes of this Part and, in particular and without prejudice to the generality of the provisions of this section, may make regulations –

(a) for or with respect to the form and manner in which packages required or permitted by or under any provision of this Part or of the regulations to be marked with any name, particulars, statement, words, or approved brand shall or may be so marked, and authorizing a prescribed person, in the case of packages containing articles of a description approved by him for the purpose, to be marked otherwise than in the prescribed form and manner subject to such conditions and restrictions as he may determine or as may be prescribed;

(b) for or with respect to the denominations of weight or measure in which articles of any prescribed description shall or may be packed or sold;

(c) regulating, controlling, and restricting the sale or supply of articles by means of a vending machine (as defined in the regulations) and prohibiting the sale or supply of articles by means of such a machine otherwise than in accordance with the regulations;

(d) for securing that articles that are sold by means of a vending machine (as defined in the regulations) are so sold only if there is displayed in or on the machine such particulars or statements, with respect to such matters, as may be prescribed, and the manner in which the particulars or statements so prescribed shall be so displayed;

(e) for or with respect to the units of weight or measurement to be used in marking or displaying on packages or vending machines (as defined in the regulations) any particulars or statements required to be marked or displayed thereon, either generally or in respect of any prescribed description of articles, and the manner in which those units of weight or measurement shall or may be expressed (whether in figures or words or figures and words) and the abbreviations that may or may not be used for the purpose of expressing those units;

(f) for or with respect to the method by which, and the conditions under which, the weight or measure of articles generally or of any prescribed description of articles is to be determined for any of the purposes of this Part or of the regulations;

(g) prescribing, in the case of articles of any particular description, what shall be deemed to constitute the net weight or measure of the articles for any of the purposes of this Part or of the regulations;

(h) permitting, in the case of such articles and in such circumstances as may be specified in the regulations, the weight or measure of any articles used in packing the first-mentioned articles for sale as may be so specified to be included in the net weight or measure of the first-mentioned articles;

(i) exempting (either wholly or to such extent as may be prescribed) or authorizing a prescribed person to exempt (either wholly or to such extent, and either unconditionally or subject to such conditions and restrictions, as that person may determine or as may be prescribed) from all or any of the provisions of this Part or of the regulations –

(i) articles of any description prescribed or referred to in the regulations and packages containing any such articles; and

(ii) prescribed transactions and classes of sales;

(j) prescribing standard specifications of capacity for or in relation to packages used in the packing or sale of prescribed articles, prescribing distinctive marks for packages made to those specifications, and providing that any such articles, when packed, shall be sold only in prescribed packages made to those specifications and bearing the prescribed distinctive marks;

(k) requiring packages containing articles of a prescribed description to be marked with a statement of the sale price per unit of weight or measurement of the articles;

(l) generally regulating and controlling the packing of articles or of articles of prescribed descriptions and the marking of packages in which pre-packed articles are contained; and

(m) imposing fines, not exceeding 10 penalty units, for offences against the regulations.

(2)  The regulations –

(a) may make different provision in relation to different descriptions of articles, packages, transactions, and classes of sales;

(b) may be made so as to apply generally or only in respect of the packing or sale of articles of denominations of weight or measure greater than or less than some other prescribed multiple of a prescribed denomination;

(c) may be of general or specially limited application; and

(d) may differ according to differences in time, locality, place, or circumstance.

(3)  The regulations shall not be regarded as invalid on the ground that they delegate to or confer on the Minister or on the Secretary a discretionary authority.

PART VI - Inspection: Offences: Penalties: Miscellaneous

26.   Power of inspector to enter shops, &c., and examine weights

[Section 26 Subsection (1) amended by No. 61 of 1951, s. 6 ][Section 26 Subsection (1) amended by No. 53 of 1964, s. 13 and s. 23 ][Section 26 Subsection (1) amended by No. 25 of 1968, s. 6 ]

(1)  [Section 26 Subsection (1) amended by 7 & 8 Geo. VI No. 102, s. 11 ]Any inspector at all reasonable times may –

(a) enter any buildings, premises, or place whatsoever (including any buildings, premises, or place owned or occupied by or on behalf of His Majesty), or stop any vehicle, and inspect all weights, measures, and weighing and measuring instruments of every kind therein or thereon which are used for trade;

(b) inspect any weights, measures, and weighing and measuring instruments of any kind in or upon any vehicle or in the possession of any person having a pack, basket, or other receptacle containing articles for sale;

(c) examine and test any such weights, measures, and weighing and measuring instruments;

(d) examine and weigh or measure, or cause to be examined and weighed or measured, in the presence of the person in charge of the same, any article kept or exposed for sale or in course of delivery and, in the case of a pre-packed article, select and weigh or measure or cause to be weighed or measured any such article and, if necessary, break open any package containing any such article;

(e) demand and select, and take or procure, any article kept or exposed for sale or in course of delivery, upon payment or tender to the person in charge of that article of the current market value thereof or of the rate prescribed;

(f) require the person in charge, or having the possession, of any article kept or exposed for sale or in course of delivery, or any person having in his possession or charge any weight or measure, or weighing or measuring instrument, to answer such questions, and to furnish the inspector with such information, as may reasonably be necessary for the purposes of the administration of this Act; and

(g) require the production of any document, book, invoice, delivery note, or any other record relating to any contravention of this Act alleged by the inspector to have been committed by any person.

(1A)  [Section 26 Subsection (1A) inserted by No. 25 of 1968, s. 6 ]If a person in whose presence any article may, by virtue of paragraph (d) of subsection (1) of this section, be examined or selected and weighed or measured, when requested by the inspector to be present at that examination or selection and weighing or measuring, refuses or fails to be present then, notwithstanding the provisions of that paragraph, the inspector may examine or select, and may weigh or measure, the article in the absence of that person.

(2)  [Section 26 Subsection (2) amended by No. 61 of 1951, s. 6 ]If, upon weighing or measuring any article kept or exposed for sale or in course of delivery, it appears that a contravention of this Act has been committed, the inspector may seize such article.

(3)  [Section 26 Subsection (3) added by No. 61 of 1951, s. 6 ]The procuring by an inspector of any article pursuant to this section and the payment or tender of the current market value thereof or of the rate prescribed, as the case may be, shall, for all the purposes of this Act, be deemed to be a sale of that article to the inspector by the person in charge thereof.

(4)  [Section 26 Subsection (4) added by No. 61 of 1951, s. 6 ]Nothing contained in paragraph (f) of subsection (1) of this section shall be construed as requiring any person to furnish any information or to answer any question if the furnishing of that information or the answering of that question would criminate or tend to criminate that person, and no person shall be guilty of an offence or be liable to any penalty by reason only of his failure or refusal to furnish any such information or to answer any such question.

27.   Offences in relation to inspectors

[Section 27 Substituted by No. 61 of 1951, s. 7 ]Any person who –

(a) fails, when lawfully required by an inspector so to do, to produce all weights and measures and weighing and measuring instruments in his possession for examination or testing;

(b) retakes any weight or measure or any weighing or measuring instrument, or any article, seized or procured by an inspector in accordance with the provisions of this Act; or

(c) fails to answer any question, or to furnish any information, or to produce any document, book, invoice, delivery note, or other record which he is lawfully required by an inspector to answer, furnish, or produce –

shall be guilty of an offence.

28.   Falsifying standard, &c.

[Section 28 Amended by 7 & 8 Geo. VI No. 102, s. 12 ][Section 28 Amended by No. 53 of 1964, s. 14 ][Section 28 Amended by No. 55 of 1965, s. 5 ][Section 28 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Any person who falsifies or wilfully injures or unlawfully destroys any standard weight or measure, or any departmental standard or inspector's standard, shall be guilty of an offence.

Penalty:  Minimum, fine not exceeding 2 penalty units; maximum, fine not exceeding 10 penalty units.

29.   False declaration as to weights and measures, &c.

Any person who –

(a) by means of words, description, or other indication, direct or indirect, makes any false declaration or statement, or misleads any person as to the number, quantity, measure, gauge, or weight of any article sold or delivered by him;

(b) sells or delivers, or causes to be sold or delivered, any article or goods short of the quantity ordered or purchased; or

(c) being in charge of a vehicle, makes any false statement as to the tare weight of the vehicle or does any act by which either the seller or the purchaser of any article may be defrauded –

shall be guilty of an offence.

30.   Fraud in using weight or measure

(1)  [Section 30 Subsection (1) amended by 25 Geo. V No. 78 ]Any person who –

(a) by means of any unlawful, or light, or incorrect, or unjust weight or measure, or weighing instrument, or measuring instrument; or

(b) in using any weight, measure, or weighing instrument or measuring instrument –

defrauds, or instigates another to defraud, any person, shall be guilty of an offence.

(2)  Any such weight, measure, or instrument may be seized by an inspector.

(3)  [Section 30 Subsection (3) inserted by No. 61 of 1951, s. 8 ]An inspector, in lieu of seizing any weight or measure or weighing or measuring instrument which, by this section, he is authorized to seize, may, if he thinks fit, give to the person having possession thereof notice in writing requiring that person to have the weight or measure or weighing or measuring instrument corrected and made true and just within such period, not exceeding fourteen days, as may be specified in the notice, and prohibiting the use thereof until the requirements of the notice have been complied with to the inspector's satisfaction.

(4)  [Section 30 Subsection (4) added by No. 61 of 1951, s. 8 ]Where a notice under subsection (3) of this section is complied with by the person to whom it is given to the satisfaction of the inspector by whom it is given, the inspector shall not take any further action against that person in respect of the use by that person, prior to the giving of the notice, of that weight or measure or weighing or measuring instrument; but if the notice is not so complied with the inspector shall seize the weight or measure or weighing or measuring instrument and shall take such proceedings against that person as he might have taken if no notice had been given to that person under subsection (3) of this section.

31.   Use of unauthorized weights and measures

[Section 31 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 31 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  [Section 31 Subsection (1) amended by No. 53 of 1964, s. 15 ]Any person who uses, or has in his possession for trade, any weight or measure, or weighing instrument, or measuring instrument –

(a) other than such as has been compared and stamped under this Act;

(b) other than those authorized by this Act or an aliquot part or multiple thereof;

(c) which is light, or incorrect, or otherwise unjust; or

(d) which has become defective, in consequence of wear or accident, or has been mended or repaired, until the same has been restamped –

shall be guilty of an offence.

(2)  [Section 31 Subsection (2) amended by 7 & 8 Geo. VI No. 102, s. 13 ]Any person mending or repairing such defective weight, measure, or instrument shall destroy any existing stamp thereon.

Penalty:  Minimum, fine not exceeding 2 penalty units; maximum, fine not exceeding 10 penalty units.

32.   Offences as to sale of coal and firewood

Any person who –

(a) sells coal or firewood by description which is false as to the sort of coal or firewood sold; or

(b) sells or delivers wet coal or firewood with intent to defraud the purchaser as to the weight of coal or firewood sold or delivered –

shall be guilty of an offence.

33.   

[Section 33 Repealed by No. 25 of 1968, s. 7 ].  .  .  .  .  .  .  .  

34.   Offences as to forged weights, &c.

[Section 34 Subsection (1) amended by No. 53 of 1964, s. 16 and s. 23 ][Section 34 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 34 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  [Section 34 Subsection (1) amended by 7 & 8 Geo. VI No. 102, s. 15 ]Any person who –

(a) forges or counterfeits or unlawfully has in his possession, or causes or procures to be forged or counterfeited, or acts or assists in forging or counterfeiting, any stamp for the stamping of any weight, measure, or weighing instrument, or measuring instrument, or in any way alters or tampers with any weight, measure, or weighing instrument, or measuring instrument which has been duly stamped, so as to cause it to weigh or measure unjustly;

(b) knowingly uses, sells, alters, or disposes of any weight, measure, or weighing instrument, or measuring instrument, with such forged or counterfeit stamp thereon, or any weight, measure, or weighing instrument, or measuring instrument so altered or tampered with;

(c) knowingly makes or sells, or causes to be made or sold, any weight, measure, or weighing or measuring instrument which is false or unjust;

(d) increases or diminishes any stamped weight or measure, or uses, sells, or disposes of any such increased or diminished weight or measure; or

(e) sells or disposes of any weight, measure, weighing instrument, or measuring instrument represented as suitable for use for trade unless –

(i) the weight, measure, weighing instrument, or measuring instrument is of a pattern or of a modified pattern in respect of which a certificate of approval issued or deemed to have been issued under this Act is for the time being in force;

(ii) before selling or disposing of the weight, measure, weighing instrument, or measuring instrument, he has handed or sent by post by means of the certified mail service to the person to whom the weight, measure, weighing instrument, or measuring instrument is or is to be sold or disposed of a notice in writing in the prescribed form to the effect that the weight, measure, weighing instrument, or measuring instrument is not of a pattern or of a modified pattern in respect of which a certificate of approval issued or deemed to have been issued under this Act is for the time being in force; or

(iii) the weight, measure, weighing instrument, or measuring instrument is stamped with a verification stamp or, if it is exempted by the regulations from being so stamped, a prescribed certificate is in force with respect thereto –

shall be guilty of an offence.

Penalty:  Minimum, fine not exceeding 2 penalty units; maximum, fine not exceeding 20 penalty units.

(2)  All such weights and measures, and weighing instruments and measuring instruments, and all such forged or counterfeited stamps shall be seized and forfeited to His Majesty.

(3)  Any contract made in relation to any false or unjust weight, measure, or weighing instrument, or measuring instrument shall be void.

34A.   Offences in relation to approvals of patterns

[Section 34A Inserted by No. 53 of 1964, s. 17 ]

(1)  [Section 34A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 34A Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where a weight, measure, weighing instrument, or measuring instrument is of a pattern or modified pattern in respect of which a certificate of approval has been issued or is deemed to have been issued under this Act subject to a condition, and that certificate is in force, a person who –

(a) uses for trade or causes or permits any other person to use for trade that weight, measure, weighing instrument, or measuring instrument in contravention of that condition; or

(b) disposes of that weight, measure, weighing instrument, or measuring instrument in a condition in which it is capable of being used for trade to a person without informing that person that it cannot lawfully be used for trade otherwise than in accordance with that condition –

is guilty of an offence.

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Section 34A Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where a certificate of approval has been issued or is deemed to have been issued under this Act and has been revoked, then, unless a new certificate of approval is issued and is in force with respect to the pattern or modified pattern referred to in that certificate, a person who –

(a) uses for trade or causes or permits any other person to use for trade a weight, measure, weighing instrument, or measuring instrument of the pattern or, as the case may be, modified pattern, referred to in the revoked certificate; or

(b) disposes of a weight, measure, weighing instrument, or measuring instrument of the pattern or, as the case may be, modified pattern, referred to in the revoked certificate, in a condition in which it is capable of being used for trade to a person without informing that person that the certificate of approval has been revoked –

is guilty of an offence.

Penalty:  Fine not exceeding 10 penalty units.

34B.   Prohibition of marking of certain words on packages

[Section 34B Inserted by No. 25 of 1968, s. 8 ][Section 34B Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Except as otherwise prescribed by or under this Act or any other Act, no person shall mark a package containing an article (whether a pre-packed article or not), or cause, permit, or suffer such a package to be marked, with the words "Gross weight when packed" or words to the like effect.

Penalty:  Fine not exceeding 10 penalty units.

34C.   Offence in relation to statement of weight or measure in invoices, &c.

[Section 34C Inserted by No. 25 of 1968, s. 8 ][Section 34C Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who sends or delivers to a purchaser an invoice or a delivery note relating to an article (whether a pre-packed article or not) sold to the purchaser which states as the weight or measure of the article a weight or measure that is greater than the true weight or measure of the article so sold is guilty of an offence.

Penalty:  For a first offence, fine not exceeding 10 penalty units; for a second or subsequent offence, fine not exceeding 20 penalty units.

35.   Offences against Act

Where by this Act any act is directed or forbidden to be done, or when any authority is given to any person to direct or forbid any act to be done, any person who offends against any such direction or prohibition shall be guilty of an offence.

35A.   Liability of principal for acts of agent

[Section 35A Inserted by No. 25 of 1968, s. 9 ]

(1)  Notwithstanding any other law or rule of law, where a person (in this section referred to as "the agent") acting, otherwise than as an employee, for or on behalf of another person (in this section referred to as "the principal") packs an article for sale, marks a package containing an article, or sells an article, and commits an offence in relation to that packing, marking, or sale, the principal is guilty of an offence against this Act in like manner as the agent and may be proceeded against and convicted accordingly unless he proves that he had no knowledge of the commission of the offence and that he took all reasonable precautions and used all due diligence to avoid the commission of the offence.

(2)  The principal may be proceeded against and convicted pursuant to subsection (1) of this section notwithstanding that the agent has not been proceeded against or has not been convicted under this Act.

(3)  Nothing in subsection (1) of this section prejudices or affects any liability imposed by or under this Act on a person by whom an offence against this Act is actually committed.

35B.   Liability of employer for offence by employee

[Section 35B Inserted by No. 25 of 1968, s. 9 ]

(1)  Notwithstanding any other law or rule of law, where a person, as the employee of another person (in this section referred to as "the employer"), packs an article for sale, marks a package containing an article, or sells an article, and commits an offence in relation to that packing, marking, or sale, the employer is guilty of an offence against this Act in like manner as the employee (whether or not the offence was committed without his authority or contrary to his orders or instructions) and may be proceeded against and convicted accordingly unless he proves that he had no knowledge of the commission of the offence and could not, by the exercise of due diligence, have prevented the commission of the offence.

(2)  The employer may be proceeded against and convicted pursuant to subsection (1) of this section notwithstanding that the employee has not been proceeded against or has not been convicted under this Act.

(3)  Nothing in subsection (1) of this section prejudices or affects any liability imposed by or under this Act on a person by whom an offence against this Act is actually committed.

36.   Penalty and forfeiture

[Section 36 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 36 Subsection (1) amended by No. 25 of 1968, s. 10 ][Section 36 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  [Section 36 Subsection (1) amended by 7 & 8 Geo. VI No. 102, s. 16 ]Any person who is guilty of an offence against this Act, for which no penalty is elsewhere in this Act provided, shall be liable to a fine of not less than 2 penalty units or more than 10 penalty units.

(2)  Any weights, measures, or weighing or measuring instruments in connection with which any offence was committed against this Act, on the conviction of any person for such offence, may be forfeited to His Majesty, and shall be disposed of as the court by which such person was convicted directs.

(3)  Where a person is convicted of a second or subsequent offence against this Act, and the court by which he is convicted is of opinion that such offence was committed with intent to defraud, he shall be liable, in addition to or in lieu of any other penalty, to imprisonment for three months.

(4)  [Section 36 Subsection (4) added by No. 61 of 1951, s. 9 ]Where a person (in this subsection referred to as "the defendant") is convicted of any offence against this Act and the court by which he is convicted is of opinion that any person was defrauded or suffered pecuniary loss by reason of the commission of the offence, the court may, in addition to imposing any penalty, order the defendant to pay to the last-mentioned person, by way of recoupment of his loss, such sum as the court thinks fit.

36A.   Costs on failure of prosecution

[Section 36A Inserted by 7 & 8 Geo. VI No. 102, s. 17 ]

(1)  If any proceedings in respect of an offence against this Act are instituted by any person other than an inspector, and the proceedings are withdrawn or dismissed, the court may, if it thinks fit, order that person to pay to the defendant such compensation for costs and loss of time as the court thinks reasonable.

(2)  [Section 36A Subsection (2) added by No. 61 of 1951, s. 10 ]Where any person is convicted of an offence against this Act, the court by which that person is convicted may, if it thinks fit, order that person to pay to the complainant such compensation for costs or loss of time, or both, as the court thinks reasonable.

(3)  [Section 36A Subsection (3) added by No. 21 of 1964, s. 6 ]In relation to proceedings for an offence under Part VA , a reference to costs in subsection (1) or subsection (2) of this section shall be deemed to include a reference to the expenses incurred in sending the loaf in respect of which the proceedings are taken to an analyst and the expense incurred in obtaining the certificate of the analysis made by him of that loaf for the purposes of this Part.

37.   Evidence as to possession

(1)  [Section 37 Subsection (1) amended by No. 53 of 1964, s. 18 ]When any weight, measure, or weighing or measuring instrument is found in the possession of any person carrying on a trade, or on any premises which, whether in a building or not, are used by any person for trade, such person shall be deemed, for the purposes of this Act, until the contrary is shown, to have such weight, measure, or instrument in his possession for use for trade.

(2)  [Section 37 Subsection (2) added by No. 61 of 1951, s. 11 ]Where articles of any kind, class, or description are found in the possession of any person engaged in the business of manufacturing or trading in articles of that kind, class, or description, they shall, for the purposes of this Act, be deemed, until the contrary is proved, to be in the possession of that person for sale.

(3)  [Section 37 Subsection (3) added by No. 53 of 1964, s. 18 ]Without prejudice to the generality of the provisions of subsection (2) of this section, proof that any coal or firewood was at any time being carried in or on a vehicle is evidence that at that time the coal or firewood was intended for sale or delivery to a purchaser.

38.   Proceedings against company

Any proceedings for an offence against this Act by a corporation or company may be taken against any person who is the manager, or acts in the management of the corporation or company, or the person actually committing the offence, and such person shall be personally liable for such offence.

39.   Presumptions

[Section 39 Subsection (1) amended by No. 53 of 1964, s. 19 ]

(1)  [Section 39 Subsection (1) amended by 7 & 8 Geo. VI No. 102, s. 18 ]In any proceedings under this Act it shall not be necessary to prove the appointment of any inspector or officer under this Act, or the authority of any inspector or officer to do any act, or to give any direction, or take any proceedings, or that any standard weight or measure or any departmental standard or stamp or any inspector's standard was deposited, kept, stamped, verified, or used as prescribed, or is such standard or stamp, and the averment of any such matter as aforesaid in any complaint shall be sufficient evidence of the fact until the contrary is proved.

(2)  [Section 39 Subsection (2) added by No. 21 of 1964, s. 7 ]This section applies in relation to an analyst within the meaning of Part VA as it applies in relation to an inspector.

40.   Evidentiary provisions

[Section 40 Inserted by No. 25 of 1968, s. 11 ][Section 40 Amended by No. 22 of 1970, s. 6 ]In proceedings in respect of an offence against this Act in relation to a pre-packed article –

(a) the marking on the package in which the article is contained indicating the name of the person who packed the article is evidence that the article was packed by that person;

(b) the marking on the package in which the article is contained indicating the name and address of a person for or on whose behalf the article was packed is evidence that the article was packed for or on behalf of that person and that the article was so packed in the State or Territory of the Commonwealth that is indicated by that address;

(c) the marking on the package in which the article is contained indicating the place where the article was packed is evidence that the article was packed at that place;

(d) the marking on the package in which the article is contained indicating the date when the article was packed is evidence that the article was packed on that date;

(da) the fact that an article contained in a package is found exposed for sale is evidence that the person who packed the article in that package packed it for sale;

(e) a document purporting to be certified by the Secretary to be a copy of a permit granted by the Minister under section twenty-five M is evidence of the grant of the permit and of the conditions (if any) specified in the permit;

(f) a certificate purporting to be signed by the Secretary and stating –

(i) that a return required by subsection (5) of section twenty-five M to be delivered or forwarded to him has not been so delivered or forwarded;

(ii) that a permit granted by the Minister under subsection (1) of section twenty-five M has been cancelled;

(iii) that a permit cancelled under subsection (7) of section twenty-five M has not been delivered up to the Secretary; or

(iv) that an approval granted by the Secretary under subsection (1) of section twenty-five S has been cancelled –

is evidence of the matters stated in the certificate; and

(g) a document purporting to be certified by the Secretary to be a copy of an approval granted by him under subsection (1) of section twenty-five S of a brand for use by a person for the purpose of marking on packages –

(i) the name and address referred to in paragraph (a) of subsection (1) of section twenty-five J;

(ii) the name and address referred to in paragraph (b) of that subsection; or

(iii) the date when the articles contained in any packages were packed –

is evidence of the approval and of the conditions (if any) subject to which the approval was granted, and the fact that such a brand is marked on a package containing an article is evidence that –

(iv) the article was packed by the person to whom the approval was granted and at the place the address of which is specified in the approval as the address indicated by the brand;

(v) the article was packed for or on behalf of the person whose name and address are indicated by the brand; or

(vi) the article was packed on the date indicated by the brand –

as the case requires.

40A.   Defences

[Section 40A Inserted by No. 25 of 1968, s. 11 ]

(1)  In proceedings in respect of an offence against section twenty-five J , it is a defence for the person charged to prove that the article to which the proceedings relate was packed on any premises for sale on those premises to some other person for the purpose of consumption or use and not for the purpose of resale.

(2)  In proceedings in respect of an offence against subsection (1) of section twenty-five K or subsection (1) of section twenty-five L, it is a defence for the person charged to prove that the article to which the proceedings relate was packed for export from Australia and that the marking on the package containing the article clearly so indicated.

(3)  In proceedings in respect of an offence against subsection (4) of section twenty-five J, subsection (3) of section twenty-five K, subsection (3) of section twenty-five L, paragraph (a) of subsection (4) of section twenty-five M, subsection (3) or subsection (7) of section twenty-five N, subsection (2) of section twenty-five R, or section thirty-four C , it is a defence for the person charged to prove –

(a) that the commission of the offence was due to a cause or to causes beyond his control;

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence in respect of the article to which the proceedings relate; and

(c) that he purchased the article from another person and sold or delivered it in the same state as it was when delivered to him.

(4)  A cause beyond the control of a person charged with an offence against any provision mentioned in subsection (3) of this section is not a defence under that subsection if the court before which the proceedings are brought is of the opinion that the cause was one that the person charged could reasonably have foreseen or for which he could reasonably have made allowance.

(5)  In proceedings against a person who packed an article, or who caused, permitted, or suffered an article to be packed, in respect of an offence against subsection (1) of section twenty-five N or against section thirty-four C it is a defence for the person charged to prove –

(a) that any deficiency in the weight or measure of the article to which the proceedings relate arose after the packing of the article and the marking of the package and was attributable wholly to factors for which reasonable allowance was made in stating the weight or measure of the article; or

(b) that –

(i) the commission of the offence was due to a cause or to causes beyond his control; and

(ii) he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence in respect of the article to which the offence relates –

but a cause beyond the control of the person charged is not a defence under paragraph (b) of this subsection if the court before which the proceedings are brought is of the opinion that the cause was one that the person charged could reasonably have foreseen or for which he could reasonably have made allowance.

(6)  Subsections (3) and (5) of this section do not apply unless the person charged has, not less than two days before the date set down for the hearing of the proceedings, notified the complainant that he intends to avail himself of the protection of this section, giving the reasons relied on for claiming that protection.

40B.   Certificate of incorrect guarantee or warranty

[Section 40B Inserted by No. 25 of 1968, s. 11 ]

(1)  Where a person is charged with an offence against subsection (3) of section twenty-five N and the court before which the proceedings are brought is satisfied that –

(a) the article to which the alleged offence relates was packed by a person other than the defendant;

(b) the defendant was furnished with such a guarantee as is referred to in paragraph (a) of subsection (8) of that section or the marking on the package containing the article constitutes a warranty pursuant to that subsection;

(c) the defendant sold or delivered the article in the same state as it was when delivered to him; and

(d) the guarantee or warranty, as the case may be, was false in a material particular –

the court may, on the application of the complainant, grant a certificate as to its findings.

(2)  In proceedings in respect of an offence against subsection (1) , or subsection (3) , or subsection (10) of section twenty-five N, a certificate purporting to have been granted under subsection (1) of this section or under a corresponding law is evidence of the matters stated therein.

(3)  In this section, corresponding law means a law, or a specified provision of a law, of a State other than this State or of a Territory of the Commonwealth that is declared by the Minister, by order, to be a corresponding law for the purposes of this section.

40C.   Institution of proceedings

[Section 40C Inserted by No. 25 of 1968, s. 11 ]

(1)  A prosecution for an offence against this Act may be instituted at any time within a period of six months after the commission of the offence or within a period of six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.

(2)  Where it appears to the Secretary that an offence against this Act has been committed by a person and the Secretary is of the opinion that the offence was due to an act or default of some other person and that the first-mentioned person could establish a defence under this Act applicable to the offence, the Secretary may take or authorize the taking of proceedings against that other person without first taking or authorizing the taking of proceedings against the first-mentioned person, and in any such proceedings that other person may be charged with and, on proof that the commission of the offence was due to his act or default, be convicted of, the offence with which the first-mentioned person might have been charged, and in any proceedings against that other person the first-mentioned person is a competent and compellable witness.

41.   Regulations

[Section 41 Subsection (1) amended by No. 53 of 1964, s. 20 and s. 23 ][Section 41 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 41 Subsection (1) amended by No. 26 of 1976, s. 2 ][Section 41 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  [Section 41 Subsection (1) amended by 7 & 8 Geo. VI No. 102, s. 20 ]The Governor may make regulations for the purposes of this Act, and in particular may make regulations with respect to the following matters:

(a) The qualifications, powers, and duties, of inspectors, and the guidance of inspectors in the performance of their duties;

(b) Prescribing, regulating, and controlling the supply, custody, care, verification, and reverification of standard weights and measures and of departmental standards, inspectors' standards, and departmental equipment, the stamping of departmental standards and inspectors' standards, the periodical inspection of departmental standards and inspectors' standards, and departmental equipment, and the certification of any such verification, reverification, or inspection, and providing that a departmental standard or inspector's standard of a particular denomination that was found upon verification or reverification not to be greater or less than that denomination by an amount exceeding an amount specified, shall, unless otherwise stated in the certificate issued in respect of the verification or reverification of that departmental standard or inspector's standard, be deemed to be of a value equal to its denomination;

(c) The testing, comparing, adjusting, verification, and stamping of weights, measures, and weighing and measuring instruments;

(d) The limitation of error which may be permitted in any weight, measure, or weighing or measuring instrument;

(e) The construction, marking, and power of weights, measures, and weighing and measuring instruments, and the purposes for which, and the conditions under which, any weighing or measuring instruments shall be used;

(f) The sale, weighing, and delivery of coal, firewood, and other goods, and the provision and use of weighing instruments in connection therewith, and the issue and production of weight tickets;

(g) The taking of tare weights of any vehicles used for the conveyance of goods sold or carried by weight, and the fees in connection therewith; the issue, production, and retention of tickets showing such weight, or the weight of the load and the vehicle and such other particulars as may be prescribed; and preventing frauds in connection with goods conveyed on such vehicles;

(h) Providing for, regulating, and controlling weighing instruments and measuring instruments made available to the public by the owners thereof, including the registration of those instruments, their testing, verification, reverification, inspection, and stamping, and their use, and the licensing of weighmen, and prohibiting or regulating the use of any such instruments that are unregistered, and generally providing for the supervision and control of those instruments and weighmen;

(i) Prohibiting the sale of any specified goods by measure of capacity;

(j) The method of marking upon articles the weight and measure thereof;

(k) Providing for fines not exceeding 10 penalty units for breaches of the regulations;

(l) Prescribing the fees to be paid for the examination, testing, verifying, adjusting, and stamping of weights and measures and weighing and measuring instruments, and providing for and regulating the times, places, and manner of payment of any fees so prescribed;

(m) Defining and specifying what weights and measures and weighing and measuring instruments shall or shall not be admitted to verification, and the tests to be applied to ascertain their accuracy and efficiency;

(n) The marking on weights and measures of their several denominations and on weighing and measuring instruments of their capacities and other markings; and providing for the obliteration of stamps on weights and measures and weighing and measuring instruments which are found to be incorrect or not in accordance with the regulations;

(o) Prescribing or restricting the use of a unit of measurement of a physical quantity, or a weight, measure, weighing instrument, or measuring instrument, either generally or in respect of particular transactions or in respect of transactions included in a particular class of transactions, providing that particular transactions, or the transactions included in a particular class of transactions, shall be made or entered into in terms of a particular unit of measurement of a physical quantity, and prescribing the classes or types of weights, measures, weighing instruments, or measuring instruments to be used in particular transactions or in transactions included in a particular class of transactions;

(oa) Prescribing or restricting the units of measurement of a physical quantity that may be used in respect of the sale, advertising, and display of an article of any description; and

(p) Prescribing and regulating –

(i) the conditions relating to the issue, amendment, and cancellation of general specifications for the construction of weights, measures, weighing instruments, and measuring instruments;

(ii) the procedure to be adopted for the submission and examination of patterns of weights, measures, weighing instruments, and measuring instruments;

(iii) the issue, amendment, and cancellation of certificates of approval;

(iv) the marking of weights, measures, weighing instruments, and measuring instruments to indicate that they conform to approved patterns; and

(v) the fees payable in respect of any matter referred to in the foregoing provisions of this paragraph.

(2)  [Section 41 Subsection (2) added by No. 26 of 1976, s. 2 ]The regulations made for the purposes of subsection (1) (o) or (oa) may make different provisions with respect to different parts of the State or may apply only to defined parts thereof.

42.   Transitional provision

(1)  On the making of regulations for the purposes of section 25K or 25L , a person may, without being liable to a penalty under this Act or any other law of the State, pack for sale, or cause, permit, or suffer to be packed for sale, or sell –

(a) articles of any description to which section 25K applies by virtue of the regulations made for the purposes of that section in a weight or measure of a denomination prescribed for the purposes of that section in relation to articles of that description; or

(b) articles of any description to which section 25L applies by virtue of the regulations made for the purposes of that section in a package marked, in accordance with those regulations, with the statement required by subsection (1) of that section.

(2)  Subsection (1) has effect on and after the day on which such regulations as are referred to therein are made, whether or not those regulations have, or the section of this Act for the purposes of which those regulations are made has, commenced.

(3)  Nothing in this section permits a person to pack for sale, or cause, permit, or suffer to be packed for sale, or to sell, articles of any description referred to in paragraph (a) or paragraph (b) of subsection (1) of this section in pursuance of a regulation that has been rescinded.

(4)  For the purposes of paragraph (a) of subsection (2) of section 10 of this Act (being the section so numbered that is inserted in this Act by section 6 of the Weights and Measures Act (No. 2) 1964 ) the removal from the Treasury of the weights and measures to which that paragraph relates and their subsequent disposal may be effected at any time after the passing of that Act.

SCHEDULE 1

[Schedule 1 Amended by 25 Geo. V No. 78 ]

Section 2

SCHEDULE 2

[Schedule 2 Repealed by No. 53 of 1964, s. 21 ]

SCHEDULE 3

[Schedule 3 Repealed by No. 13 of 1972, s. 6 ]

SCHEDULE 4

[Schedule 4 Repealed by 7 & 8 Geo. VI No. 102, s. 21 ]

SCHEDULE 5 - Weights for Bushel

[Schedule 5 Amended by 25 Geo. V No. 78 ]

Section 22

SCHEDULE 6 - Denominations of Loaves

[Schedule 6 Substituted by No. 38 of 1978, s. 2 ]

Section 25B