NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS
- In force under the National Measurement Act 1960
- Updated as at 5 November 1993 (#DATE 05:11:1993)
*1* The National Measurement (Patterns of Measuring Instruments) Regulations (in force under the National Measurement Act 1960) as shown in this reprint comprise Statutory Rules 1965 No. 147 amended as indicated in the Tables below. Table of Statutory Rules Year and Date of Date of Application Number Notification commencement saving or in Gazette transitional provisions 1965 No. 147 21 Oct 1965 1 Jan 1966 1966 No. 66 11 Mar 1966 11 Mar 1966 - 1984 No. 232 12 Sept 1984 7 Sept 1984 (see Gazette 1984, No. S353) - 1986 No. 370 19 Dec 1986 19 Dec 1986 - 1989 No. 325 30 Nov 1989 30 Nov 1989 (see r. 1 and Gazette 1989, No. S371) - 1993 No. 104 3 June 1993 3 June 1993 - Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected R. 1 am. 1984 No. 232; 1989 No. 325 Rr. 2-4 am. 1984 No. 232 R. 5 am. 1984 No. 232; 1989 No. 325 R. 6 am. 1984 No. 232; 1989 No. 325; 1993 No. 104 R. 7 am. 1984 No. 232; 1989 No. 325 R. 8 am. 1989 No. 325 R. 9 am. 1984 No. 232; 1986 No. 370; 1989 No. 325; 1993 No. 104 Rr. 10, 11 am. 1989 No. 325 R. 12 ad. 1966 No. 66 am. 1989 No. 325 NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - TABLE
OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Definition
4. Commission may appoint Departments or other persons to
carry out certain functions
5. Commission may examine patterns
6. Approval
7. Commission to give reasons for refusal to approve
8. Commission may refuse to conduct examinations
9. Certificates of approval
10. Re-examination of approved patterns
11. Transitional
12. Approval of modifications of patterns approved by
States
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the National Measurement (Patterns of
Measuring Instruments) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 2
Commencement
2. These Regulations shall come into operation on 1 January 1966.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 3
Definition
3. In these Regulations, "the Act" means the National Measurement Act 1960.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 4
Commission may appoint Departments or other persons to carry out
certain functions
4. (1) The Commission may appoint a department of State of the Commonwealth,
a body corporate established by an Act or any other person:
(a) to carry out examinations;
(b) to give approvals; and
(c) to issue certificates;
under these Regulations on its behalf.
(2) Where the Commission has made an appointment under subregulation (1),
the department of State, body corporate or other person, as the case may be,
may exercise the powers and functions of the Commission under these
Regulations.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 5
Commission may examine patterns
5. (1) The Commission may examine patterns of measuring instruments intended
for use for trade.
(2) An application for the examination of a pattern of an instrument under
subregulation (1) shall be accompanied by:
(a) detailed drawings and specifications in respect of the instrument; and
(b) if the Commission so requires, a sample of the whole or part of the
instrument described in the pattern in respect of which examination is sought.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 6
Approval
6. (1) The Commission may grant its approval in writing that the pattern of
a measuring instrument is suitable for use for trade.
(2) An approval granted under subregulation (1) may be unconditional or
subject to such conditions as are specified in the written approval.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 7
Commission to give reasons for refusal to approve
7. Where the Commission has been requested to examine or approve a pattern
of a measuring instrument and:
(a) has refused to do so; or
(b) has not granted approval within 3 months after the date on which an
application that complies with these Regulations was made;
the Commission shall, if the applicant asks it in writing to do so, inform the
applicant of the reasons for the refusal or for the failure to grant approval.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 8
Commission may refuse to conduct examinations
8. The Commission may refuse to examine a pattern of a measuring instrument
if, in the opinion of the Commission, the examination would involve a risk of
damage to persons or property.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 9
Certificates of approval
9. (1) Where an approval has been granted by the Commission, a department of
State of the Commonwealth, a body corporate or other person, under regulation
6, the Commission, the department of State, body corporate or other person, as
the case may be, shall issue or cause to be issued, a certificate under this
regulation in respect of the approval to the person who requested the
examination and to such other persons as it thinks fit.
(2) A certificate issued under subregulation (1) shall be signed:
(a) in the case of an approval granted by the Commission - by a person
authorized in writing by the Commission to sign certificates under this
regulation;
(b) in the case of an approval granted by a department of State of the
Commonwealth - by a person authorized in writing by the Secretary to the
department to sign certificates under this regulation;
(c) in the case of an approval granted by a body corporate established by an
Act - by a person authorized in writing by the body corporate to sign
certificates under this regulation; or
(d) in any other case - by the person who granted the approval.
(3) There shall be specified in a certificate issued under subregulation
(1):
(a) a description of the pattern of the measuring instrument to which it
relates;
(b) the number of the certificate;
(c) the date on which it was issued;
(d) the conditions (if any) subject to which the approval was granted;
(e) that the pattern of the instrument has been approved under these
Regulations as suitable for use for trade and;
(f) an amount of error that may be tolerated in instruments of the same kind
as the instrument in respect of the pattern of which the certificate is
issued.
(4) A certificate issued under this regulation is evidence of the facts
stated in it.
(5) A document purporting to be such a certificate:
(a) shall, unless the contrary is proved, be deemed to be a certificate
signed by a person authorized in accordance with subregulation (2) to sign it;
and
(b) may be received in evidence in any court (whether exercising federal
jurisdiction or not) or in proceedings before a person authorized by a law of
the Commonwealth or of a State or Territory or by consent of parties to hear,
receive and examine evidence.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 10
Re-examination of approved patterns
10. Where:
(a) a pattern of a measuring instrument has been approved under these
Regulations; and
(b) the officer responsible for the administration of weights and measures
legislation of a State or Territory furnishes to the Commission information to
the effect that measuring instruments constructed in accordance with the
pattern have been found in use for trade to be unsuitable for that purpose;
the Commission shall, at the request of that officer, re-examine the pattern
in the light of the information that has been furnished.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 11
Transitional
11. The provisions of these Regulations do not apply to the exclusion of a
law of a State or Territory in so far as such a law applies to the approval of
patterns of measuring instruments, application for which had been made under
such a law before the date on which these Regulations came into operation but
had not been granted or refused immediately before that date, and such an
application may be continued and completed as if these Regulations had not
been made.
NATIONAL MEASUREMENT (PATTERNS OF MEASURING INSTRUMENTS) REGULATIONS - REG 12
Approval of modifications of patterns approved by States
12. Notwithstanding the preceding Regulations, where application is made for
the examination of a pattern of a measuring instrument intended for use for
trade and the pattern comprises a modification of a pattern in relation to
which there is in force an approval by the appropriate authority of a State,
the Commission may, in its discretion, grant its approval that the pattern of
the instrument as so modified is suitable in that State for use for trade
without examination of so much of the pattern in relation to which the State
approval is in force.
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