National Trade Measurement Regulations 2009 (Cth)

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National Trade Measurement Regulations 2009

Select Legislative Instrument No. 233, 2009

made under the

National Measurement Act 1960

Compilation No. 8

Compilation date: 20 March 2024

Includes amendments: F2024L00294

Registered: 8 April 2024

About this compilation

This compilation

This is a compilation of the National Trade Measurement Regulations 2009 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

      

Contents

Part 1Preliminary  1.1Name of Regulations

 These Regulations are the National Trade Measurement Regulations 2009.

1.4Definitions

Note: A number of expressions used in these Regulations are defined in the Act.

 In these Regulations:

Act means the National Measurement Act 1960.

approved means approved by the Secretary.

approved form means a form approved, in writing, by the Secretary.

approved manner means a manner approved, in writing, by the Secretary.

class, of servicing licence, means a class of servicing licence mentioned in Schedule 2.

class 4 measuring instrument means a measuring instrument of an approved pattern that, in accordance with the approved pattern:

  • (a)

    has not less than 100 but not more than 1000 verification scale intervals, each of which is not less than 5 grams; and

  • (b)

    has a symbol on it that is an oval of any shape, or 2 parallel horizontal lines that are joined at each end by a semi‑circle, with 4 vertical lines in it.

class amount has the meaning given by regulation 2.41.

end‑and‑end measurement, in relation to a loaded or unloaded vehicle being measured on a weighbridge, means a measurement of the vehicle determined by adding separate measurements of the mass of the vehicle supported singly or in combination by the different axles of the vehicle, in which:

  • (a)

    each separate measurement is determined by a separate operation of the weighbridge; and

  • (b)

    the separate measurements are performed consecutively.

glass, in relation to a container, drinking vessel or glass measure, includes any other material permitted by the approved pattern issued under the National Measurement Regulations 1999.

glass measure, in relation to batch testing, means any of the following:

  • (a)

    a container that is:

    • (i)

      made wholly or principally of glass; and

    • (ii)

      intended to be used to sell lubricating oil by volume of the quantity otherwise than as a prepacked article;

  • (b)

    a measure that is:

    • (i)

      made of glass or another rigid or semi‑rigid substance; and

    • (ii)

      intended to be used to sell beer, ale, stout or spirits by quantity otherwise than as a prepacked article;

  • (c)

    a measure that is:

    • (i)

      made wholly or principally of glass; and

    • (ii)

      cylindrical or conical; and

    • (iii)

      used for pharmaceutical purposes.

in‑service inspection:

  • (a)

    means the examination of a material measure or measuring instrument by an inspector to determine if:

    • (i)

      the verification mark is valid; and

    • (ii)

      the material measure or the measuring instrument does not exceed the maximum permissible errors permitted during an in‑service inspection of a material measure or measuring instrument of that kind; and

  • (b)

    does not include the marking of a material measure or a measuring instrument with a verification mark.

inspector means a trade measurement inspector.

licence means:

  • (a)

    a public weighbridge licence; or

  • (b)

    a servicing licence.

Note: See Parts 2 and 3.

licence year, for an application for a servicing licence or public weighbridge licence, or for an application for the renewal of a servicing licence or public weighbridge licence, means each year, or part of a year, for which the applicant seeks to have the licence granted or renewed.

LPG is an acronym of liquefied petroleum gas.

material measure means a measure of:

  • (a)

    length; or

  • (b)

    weight; or

  • (c)

    volume;

that is used to make a measurement.

maximum permissible error, in relation to a material measure or measuring instrument, means:

  • (a)

    if a National Measurement Institute Certificate of Approval for the material measure or measuring instrument is issued on or after 1 July 2007—the maximum limit of error mentioned in the certificate; or

  • (b)

    otherwise—the maximum limit of error for a measuring instrument of that kind prescribed in Schedule 1.

measurement ticket:

  • (a)

    means a measurement ticket issued for a measurement made at a public weighbridge; and

  • (b)

    includes:

    • (i)

      a copy measurement ticket; and

    • (ii)

      an original measurement ticket.

meat means anything that is described as the meat of a dead animal in regulation 1.5.

new applicant amount has the meaning given by regulation 2.41A.

operator means a person who determines a measurement by the use of a weighbridge.

Note: Examples of an operator include each of the following:

(a) a public weighbridge licensee;

(b) a person contracted by a public weighbridge licensee to operate a weighbridge;

(c) a person employed by a public weighbridge licensee to operate a weighbridge;

(d) a person employed by a person mentioned in paragraph (b) to operate a weighbridge.

preservation period means:

  • (a)

    for a measurement ticket issued from a book of tickets or a pad of tickets—a period of 3 years that begins immediately after the measurement ticket is issued; and

  • (b)

    for a measurement ticket cancelled from a book of tickets or a pad of tickets—a period of 3 years that begins immediately after the measurement ticket is cancelled; and

  • (c)

    for a measurement ticket that is generated electronically—a period of 3 years that begins immediately after the measurement ticket is generated.

public weighing means the use of a weighbridge by any of the following persons for a transaction to which the person is not a party:

  • (a)

    the weighbridge licensee;

  • (b)

    a person employed by the weighbridge licensee to operate the weighbridge;

  • (c)

    a person contracted by the weighbridge licensee to operate the weighbridge;

  • (d)

    a person employed to operate the weighbridge by the person mentioned in paragraph (c);

  • (e)

    a person who makes a weighbridge available for use;

  • (f)

    a person employed to operate the weighbridge by a person mentioned in paragraph (e).

registered number, in relation to a weighbridge, means the number included in the register of public weighbridge licences kept by the Secretary.

registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

verifier amount has the meaning given by regulation 2.41B.

1.5Certain articles must be sold by measurement – meat

Meat of dead animals

  • (1)

    For paragraphs 18HC(1)(b) and (2)(b) of the Act, and subject to subregulation (4), the meat of a dead animal mentioned in the following table is specified as a class of articles that must be sold by mass.

Item

Animal

1

Amphibian, including frog

2

Aquatic reptile or other reptile, including crocodile

3

Aquatic vertebrate or invertebrate:

(a) including fish; but

(b) not including shellfish

4

Bird, including

(a) chicken; and

(b) duck; and

(c) emu; and

(d) goose; and

(e) guineafowl; and

(f) ostrich; and

(g) pheasant; and

(h) quail; and

(i) squab; and

(j) turkey

5

Buffalo

6

Camel

7

Cattle

8

Deer

9

Donkey

10

Goat

11

Hare, but not rabbit

12

Horse

13

Kangaroo

14

Pig

15

Sheep

16

Wallaby

Methods of processing meat of dead animals

  • (2)

    For paragraphs 18HC(1)(b) and (2)(b) of the Act, the meat of a dead animal mentioned in the table in subregulation (1) which is subjected to a process mentioned in the following table is specified as a class of articles that must be sold by mass.

Item

Process

1

Adding a substance (for example, a preservative, colouring or flavouring)

2

Boning

3

Cooking, if the meat:

(a) is cooked for the purpose of sale at another location; or

(b) is cooked for the purpose of sale to a reseller

4

Crumbing

5

Curing for preservation (for example, salting or drying)

6

Dicing

7

Drying

8

Forming

9

Freezing

10

Glazing

11

Marinading

12

Mincing

13

Pickling

14

Salting

15

Seasoning

16

Shredding

17

Slicing

18

Smoking

19

Tenderising

  • (3)

    For the table in subregulation (1), the meat of a dead animal includes:

    • (a)

      the cheek, liver, spleen, tail and tongue; and

    • (b)

      tripe.

  • (4)

    For the table in subregulation (1), the meat of a dead animal is taken not to be included in the table if it is subjected to a process mentioned in the following table.

Item

Process

1

Blending with a significant amount of another product or products

2

Combining with a significant amount of another product or products

3

Fermenting

4

Filling

5

Reconstituting

6

Stuffing

  • (5)

    For the table in subregulation (1), the meat of a dead animal is taken not to be included in that table if it is mentioned in the following table.

Item

Kind of meat

1

Meat that is cooked for the purpose of sale at the place at which it is sold

2

Brains

3

Feet

4

Head

5

The whole or any part of a rabbit

6

Shellfish, including:

(a) molluscs; and

(b) crustaceans

7

Prepackaged meat

1.6Meat for sale – marking requirements
  • (1)

    If a person offers or exposes for sale a quantity of meat at a marked price, the person must ensure that:

    • (a)

      the mass of the meat is marked on the meat or in another statement that clearly refers to the meat in a way that:

      • (i)

        uses the same colour for the mass of the meat and the price of the meat; and

      • (ii)

        ensures that the mass of the meat and the price of the meat are equally conspicuous; and

    • (b)

      the price per kilogram of the meat is marked on the meat or in another statement that clearly refers to the meat in a way that:

      • (i)

        uses a combination of letters and numbers in which each letter and number is at least 10 mm high; and

      • (ii)

        uses the same colour for the mass of the meat and the price of the meat; and

      • (iii)

        ensures that the price per kilogram is in close proximity to the marked price of the meat.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

Part 2Measuring instruments and material measures used for tradeDivision 2.1Offences for use of a measuring instrument for trade2.1Use of measuring instrument must not contravene any other provision
  • (1)

    In addition to each other offence included in a provision of these Regulations other than this regulation, a person must not use a measuring instrument for trade in a manner that contravenes any other provision of these Regulations.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note 1: For strict liability, see section 6.1 of the Criminal Code.

    Note 2: The Act includes several provisions related to the liability of several classes of persons for an offence against a provision of Part IV, V, VI or VII of the Act.

    Note 3: See the Act for provisions related to the liability of several classes of persons for the physical element or fault element of an offence against the Act committed by a body corporate.

2.2Measuring instrument used to measure mass not to be held or suspended from hand
  • (1)

    If a person is using for trade a measuring instrument and the person purports to measure mass, the person must not:

    • (a)

      hold the measuring instrument in his or her own hand; or

    • (b)

      suspend the measuring instrument from his or her own hand; or

    • (c)

      hold the measuring instrument in another person’s hand; or

    • (d)

      suspend the measuring instrument from another person’s hand; or

    • (e)

      permit another person to hold the measuring instrument in the other person’s hand; or

    • (f)

      permit another person to suspend the measuring instrument from the other person’s hand.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.3Certain measuring instruments only to be used for specific use
  • (1)

    If a person is using for trade a measuring instrument that is marked for a specific use, the person must only use the measuring instrument in a manner that is in accordance with the specific use for which the measuring instrument is marked.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.4Certain measuring instruments only to be used with specified proportional masses
  • (1)

    If a person is using for trade a measuring instrument that is marked for use with specified proportional masses, the person must only use the measuring instrument with a proportional mass that is specified.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.5Measuring instrument fitted with tare bar not to be used in certain circumstances
  • (1)

    If a person is using for trade a measuring instrument otherwise than for factory use or non‑retail counter use, the person must not use a measuring instrument fitted with a tare bar.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.6Person must not use measuring instrument to determine mass greater than permitted
  • (1)

    A person must not, in a single weighing, use for trade a measuring instrument to determine mass greater than the maximum capacity for the measuring instrument (if any) permitted by the approved pattern for the measuring instrument.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.7Person must not use certain masses to determine mass of particular items
  • (1)

    If a person is using for trade a measuring instrument and uses masses other than masses marked “A” in accordance with a certificate of approval of pattern issued under paragraph 19A(1)(c) of the Act, the person must not:

    • (a)

      use the measuring instrument to determine the mass of any goods for therapeutic use within the meaning of the Therapeutic Goods Act 1989; or

    • (b)

      use the measuring instrument to determine the mass of precious metals.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.8Metric carat masses only to be used to measure mass of precious stones
  • (1)

    If a person is using for trade a measuring instrument to determine the mass of anything other than precious stones, the person must not use a metric carat mass.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.9Proportional mass to be readily identifiable with measuring instrument
  • (1)

    If a person:

    • (a)

      is in possession of more than 1 measuring instrument used for trade located on the same premises; and

    • (b)

      any of the measuring instruments is used with proportional masses;

the person must ensure that each proportional mass is readily identifiable with the measuring instrument on which it was tested.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.10Certain masses only to be used by particular certificate holders
  • (1)

    If a person is using for trade a measuring instrument, the person must not use a mass of 0.2 metric carat or less, or 50 mg or less, unless the person holds a certificate issued by:

    • (a)

      the Secretary; or

    • (b)

      the holder of a servicing licence;

that certifies that the mass complies with the meaning of verification provided in section 18GG of the Act.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.11Use of measuring instrument fitted with load receptor
  • (1)

    A person commits an offence if:

    • (a)

      the person uses for trade a measuring instrument that is fitted with a removable load receptor; and

    • (b)

      the measuring instrument does not have an automatic or semi‑automatic zero adjustment facility; and

    • (c)

      the measuring instrument is one of 2 or more measuring instruments fitted with a removable load receptor that are located on the premises; and

    • (d)

      the load receptor is not clearly marked in a manner that identifies the load receptor with the measuring instrument to which it is fitted.

    Penalty: 20 penalty units.

  • (2)

    The offence mentioned in subregulation (1) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.12Measuring instrument fitted with load receptor
  • (1)

    A person must not use for trade a measuring instrument fitted with a load receptor if the load receptor:

    • (a)

      is removable; and

    • (b)

      measures incorrectly in any position on its supports.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.13Movement of load receptor must not foul measuring instrument
  • (1)

    A person must not use for trade a measuring instrument fitted with a load receptor if:

    • (a)

      the load receptor has any latitude of movement on its supports; and

    • (b)

      the latitude of movement causes the load receptor to foul any part of the measuring instrument to which it is fitted.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.14Measuring instrument fitted with certain load receptor
  • (1)

    A person must not use for trade a measuring instrument fitted with a load receptor if:

    • (a)

      the person is using the measuring instrument for trade in the presence of a purchaser; and

    • (b)

      the load receptor is:

      • (i)

        in the form of a scoop; and

      • (ii)

        mounted on the measuring instrument in a manner that means the purchaser is unable to see readily if there is any foreign matter in the load receptor.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.15Person must not alter verification scale interval of marked measuring instrument
  • (1)

    A person must not alter the verification scale interval of a measuring instrument that is used for trade if:

    • (a)

      the measuring instrument bears an inspector’s mark or a servicing licensee’s mark; and

    • (b)

      the person alters the verification scale interval of the measuring instrument after the inspector, the servicing licensee or an employee of the servicing licensee:

      • (i)

        verified the measuring instrument; and

      • (ii)

        made the mark on the measuring instrument.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.16Measuring instrument not to be used for trade if verification scale interval altered
  • (1)

    A person must not use for trade a measuring instrument if:

    • (a)

      the measuring instrument bears an inspector’s mark or a servicing licensee’s mark; and

    • (b)

      the verification scale interval of the measuring instrument is altered after the inspector, the servicing licensee or an employee of the servicing licensee:

      • (i)

        verified the measuring instrument; and

      • (ii)

        made the mark on the measuring instrument.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.17Measuring instrument of approved pattern designed for measuring liquid
  • (1)

    A person must not use for trade a measuring instrument if:

    • (a)

      the measuring instrument is of an approved pattern designed for measuring liquid; and

    • (b)

      the person purports to measure anything other than a liquid to which the approved pattern for the measuring instrument relates.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.18Person in possession of certain measuring instrument must ensure measuring instrument is artificially illuminated
  • (1)

    A person who is in possession of a measuring instrument that is used for trade to measure a liquid must ensure that the measuring instrument is, at least to the extent necessary for the purpose of permitting proper observation of its operation, artificially illuminated:

    • (a)

      between sunset and sunrise; and

    • (b)

      if artificial illumination is necessary for that purpose at any other time—at that time.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.19Person who makes certain measuring instrument available must ensure measuring instrument is artificially illuminated
  • (1)

    A person who makes a measuring instrument available for use for trade to measure a liquid must ensure that the measuring instrument is, at least to the extent necessary for the purpose of permitting proper observation of its operation, artificially illuminated:

    • (a)

      between sunset and sunrise; and

    • (b)

      if artificial illumination is necessary for that purpose at any other time—at that time.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.20Flowmeter fitted with zero re‑setting device must be reset before use for trade
  • (1)

    A person who is in possession of a measuring instrument that is:

    • (a)

      a flowmeter fitted with a zero re‑setting device; and

    • (b)

      used for trade to measure a liquid;

must, before the person begins to make a measurement by using the flowmeter, reset the flowmeter to zero.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.21Flowmeter fitted with zero re‑setting device must be reset before being made available for use for trade
  • (1)

    A person must not make a measuring instrument available for use for trade if:

    • (a)

      the measuring instrument is used for trade to measure a liquid; and

    • (b)

      the measuring instrument is a flowmeter fitted with a zero re‑setting device; and

    • (c)

      before another person begins to make a measurement by using the flowmeter, the person who made the flowmeter available for use for trade does not reset the flowmeter to zero.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.22Fuel dispenser used for trade to measure a liquid or gaseous product
  • (1)

    If a person is in possession of a fuel dispenser that is used for trade to measure a liquid or a gaseous product, the person must ensure that, in the period between the delivery of the liquid or gaseous product and the completion of the sale:

    • (a)

      the volume is not erased from at least 1 of the fuel dispenser and the control console; and

    • (b)

      the price per litre is not erased from at least 1 of the fuel dispenser and the control console; and

    • (c)

      the total price is not erased from at least 1 of the fuel dispenser and the control console.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.23Fuel dispenser made available for use for trade to measure liquid or gaseous product
  • (1)

    If a person makes a fuel dispenser that is used for trade to measure a liquid or a gaseous product measuring instrument available for use for trade, the person must ensure that, in the period between the delivery of the liquid or gaseous product and the completion of the sale:

    • (a)

      the volume is not erased from at least 1 of the fuel dispenser and the control console; and

    • (b)

      the price per litre is not erased from at least 1 of the fuel dispenser and the control console; and

    • (c)

      the total price is not erased from at least 1 of the fuel dispenser and the control console.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.24Certain measuring instruments not to be used for trade to measure diamonds or precious stones
  • (1)

    A person must not use for trade a measuring instrument to measure diamonds or other precious stones if:

    • (a)

      the measuring instrument has a verification scale interval of more than 10 mg; or

    • (b)

      the measuring instrument has a combination of a capacity and a verification scale interval mentioned in either of the following subparagraphs:

      • (i)

        a capacity of less than 5 000 CM and a verification scale interval of more than 0.01 CM;

      • (ii)

        a capacity of at least 5 000 CM and a verification scale interval of more than 0.05 CM.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.25Certain measuring instruments not to be used for trade to measure precious metals
  • (1)

    A person must not use for trade a measuring instrument for the purpose of measuring gold, silver or another precious metal if:

    • (a)

      the measuring instrument has a verification scale interval that is greater than the verification scale interval specified for the instrument’s capacity; and

    • (b)

      the measuring instrument has a combination of capacity and verification scale specified in an item of the following table.

Item

Capacity of instrument

Verification scale interval

1

Less than 1 kg

10 mg

2

1 kg or more but less than 10 kg

100 mg

3

10 kg or more

1 g

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.26Batch tested glass measure must remain in custody of manufacturer or importer unless certain conditions apply
  • (1)

    A manufacturer or importer of glass measures that are batch tested must ensure that a marked glass measure is not removed from the custody of the manufacturer or importer unless:

    • (a)

      the measure is part of a batch of glass measures that complies with regulation 2.39; and

    • (b)

      the inspector or servicing licensee has given the manufacturer or importer written approval for the removal of the batch from the custody of the manufacturer or importer.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

2.27Use of class 4 measuring instruments
  • (1)

    A person must not use for trade a class 4 measuring instrument unless the measuring instrument is being used:

    • (a)

      as airport baggage scales; or

    • (b)

      for weighing a thing to decide freight or haulage charges for the thing; or

    • (c)

      for weighing garbage; or

    • (d)

      for weighing earth, sand, gravel or other similar material; or

    • (e)

      as a crane‑weigher; or

    • (f)

      for weighing timber in log form; or

    • (g)

      for another purpose required or permitted by a law.

  • (2)

    A person who engages in conduct that contravenes subregulation (1) commits an offence.

    Penalty: 20 penalty units.

  • (3)

    The offence mentioned in subregulation (2) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

Division 2.2Verification, reverification and in‑service inspection2.28Verifying and marking measuring instruments
  • (1)

    If an inspector makes a verification mark on a measuring instrument that is not a glass measure, the inspector must also mark on the measuring instrument, in the approved manner, the date on which the inspector’s mark is made.

  • (2)

    If a servicing licensee makes a verification mark on a measuring instrument that is not a glass measure, the servicing licensee must also mark on the measuring instrument, in the approved manner, the date on which the servicing licensee’s mark is made.

  • (3)

    If an employee of a servicing licensee verifies a measuring instrument that is not a glass measure, the employee must:

    • (a)

      make the servicing licensee’s verification mark on the measuring instrument; and

    • (b)

      mark on the measuring instrument, in the approved manner, the date on which the servicing licensee’s mark is made; and

    • (c)

      make a mark on the measuring instrument that will enable the servicing licensee to identify the employee who made the servicing licensee’s mark.

2.29Verifying and marking material measure
  • (1)

    If a verifier makes a verification mark on a material measure that is not a glass measure, the verifier must:

    • (a)

      if the verifier is an inspector or servicing licensee—mark on the material measure, in the approved manner, the date on which the verification mark is made; and

    • (b)

      if the verifier is an employee of a servicing licensee—perform each of the following actions:

      • (i)

        mark the servicing licensee’s verification mark on the material measure; and

      • (ii)

        mark on the material measure, in the approved manner, the date on which the servicing licensee’s mark is made; and

      • (iii)

        make a mark on the material measure that will enable the servicing licensee to identify the employee who made the servicing licensee’s mark.

  • (2)

    However, if compliance with subregulation (1) is impracticable because of the nature, shape or size of a material measure, the requirements in subregulation (1) are taken to have been complied with if the material measure is enclosed in a sealed container that is marked in accordance with subregulation (1).

2.30Certain measuring instruments not to be verified

 A measuring instrument must not be verified if the instrument:

  • (a)

    is so damaged that it is unsuitable for use for trade; or

  • (b)

    is not reasonably clean; or

  • (c)

    has wet paint on it; or

  • (d)

    is of rough, crude or inadequate construction; or

  • (e)

    is constructed of inferior material; or

  • (f)

    bears a manufacturer’s mark that could be mistaken for:

    • (i)

      an inspector’s mark; or

    • (ii)

      a servicing licensee’s mark; or

  • (g)

    displays a trade mark or advertising that could be mistaken for:

    • (i)

      an inspector’s mark; or

    • (ii)

      a servicing licensee’s mark.

2.31Measuring instrument to be clean

 For the purpose of facilitating the reverification or in‑service inspection of a measuring instrument, an inspector may direct the person in possession of the instrument to clean the instrument.

2.32Testing of measuring instrument
  • (1)

    The testing of a measuring instrument for the purpose of verification, reverification or in‑service inspection must be carried out in accordance with this regulation.

  • (2)

    If the measuring instrument is fixed, the testing must be carried out with the instrument in its fixed position.

  • (3)

    If the measuring instrument is movable and has a base, the testing must be carried out with the instrument on a level plane or, if this is not practicable, on a plane that is as nearly level as possible.

  • (4)

    Subregulation (3) does not apply to the extent that the certificate of approval for the measuring instrument sets out a different requirement for testing.

  • (5)

    If the measuring instrument is transportable, and the results obtained by its use are affected by gravity, the testing must be carried out in a way that compensates for the conditions applicable in the region in which the instrument:

    • (a)

      is used; or

    • (b)

      is to be used.

2.33Testing and marking a measure of length
  • (1)

    If a measure of length is to be verified, the measure must be examined, tested and marked in accordance with this regulation.

  • (2)

    If the measure is graduated on both sides and is not permanently fixed so that only one side is visible, the measure must be examined, tested and marked on both sides.

  • (3)

    If the measure is permanently fixed so that only one side is visible, the measure must be examined, tested and marked on the visible side.

2.34Exemption from reverification
  • (1)

    If a glass measure mentioned in Division 2.3 has been marked in accordance with this Division, or otherwise verified, reverification of the measure is not required.

  • (2)

    If a measure of length has been verified, reverification of the measure is not required.

2.35Inspector may direct controller to dismantle measuring instrument
  • (1)

    If an inspector considers, on reasonable grounds, that:

    • (a)

      it is necessary to examine or test a component part of a measuring instrument for the purpose of the verification, reverification or in‑service inspection of the measuring instrument; and

    • (b)

      the measuring instrument cannot be verified, reverified or made subject to in‑service inspection without dismantling the measuring instrument;

the inspector may direct the controller of the measuring instrument to comply with subsection (2).

  • (2)

    If the inspector directs the controller in accordance with subregulation (1), the controller must:

    • (a)

      dismantle the measuring instrument; or

    • (b)

      cause the measuring instrument to be dismantled; or

    • (c)

      subject to subregulations (3) and (4), consent to the inspector dismantling the measuring instrument.

  • (3)

    Before the controller consents to the inspector dismantling the measuring instrument, the inspector must ask the controller to absolve the inspector from liability for any damage caused to the measuring instrument while the measuring instrument is being dismantled or reassembled.

  • (4)

    Subregulation (3) does not apply if section 18MF or 18MR of the Act applies.

  • (5)

    If:

    • (a)

      an inspector directs the controller to comply with subregulation (2); and

    • (b)

      the controller does not comply with the inspector’s direction;

the measuring instrument must not be used for trade until the controller complies with the inspector’s direction.

  • (6)

    If:

    • (a)

      an inspector asks the controller to comply with subregulation (3); and

    • (b)

      subregulation (4) does not apply; and

    • (c)

      the controller does not comply with the inspector’s request;

the measuring instrument must not be used for trade until the controller complies with the inspector’s request or with paragraph (2)(a) or (b).

2.36Inspector may direct controller to provide and pay for certain items
  • (1)

    An inspector may direct the controller of a measuring instrument to provide and pay for any of the following items that the inspector requires to verify or reverify a measuring instrument or to carry out an in‑service inspection of a measuring instrument:

    • (a)

      electricity;

    • (b)

      equipment, including test masses or measures;

    • (c)

      fuel;

    • (d)

      gas;

    • (e)

      labour;

    • (f)

      liquid;

    • (g)

      materials;

    • (h)

      prompt transport to and from the site of the measuring instrument.

  • (2)

    If the controller fails to comply with the inspector’s direction, the measuring instrument must not be used for trade until the controller complies.

  • (3)

    If the controller is in possession of test masses, measures or equipment provided by the Secretary and mentioned in paragraph (1)(b), the controller is liable for either of the following:

    • (a)

      the loss of a test mass, measure or piece of equipment;

    • (b)

      damage to a test mass, measure or piece of equipment.

  • (4)

    Any other cost or expense incurred by the Secretary as a result of loss or damage mentioned in paragraph (3)(a) or (b) is recoverable by the Secretary as a debt due by the controller.

2.36APrescribed particulars for register

For section 18GJ of the Act, each of the following particulars relating to verification marks is prescribed:

  • (a)

    for each servicing licensee that uses the verification mark—a unique identifying code, consisting of 3 letters in upper case;

  • (b)

    for each verifier employed by a servicing licensee—a unique identifying code, consisting of a combination of letters in upper case and numbers;

  • (c)

    a representation of the date on which a verifier verifies and marks the measuring instrument, consisting of:

    • (i)

      a letter representing the month (where “A” represents January, “B” represents February and the remaining months are represented in a continuation of that sequence); and

    • (ii)

      a number representing the year (where “0” represents a year ending in 0, “1” represents a year ending in 1 and the remaining years are represented in a continuation of that sequence).

2.36BPrescribed circumstances – utility meters taken to be marked with verification mark

For paragraph 18GG(4)(c) of the Act, each of the following circumstances is prescribed:

  • (a)

    the utility meter is part of an imported batch of utility meters;

 (b) the verifier of the utility meter issues a batch verification certificate in the form provided in the relevant National Instrument Test Procedure;

  • (c)

    the verifier of the utility meter provides a copy of the certificate to the Secretary;

  • (d)

    the verifier of the utility meter provides a copy of the certificate to the importer of the utility meter.

Division 2.3—Batch testing and markingglass measures2.37Definitions for Division 2.3

 In this Division:

approval means an approval granted under regulation 2.38.

testing facilities means the combination of labour, equipment and facilities that is necessary to test a batch of glass measures in accordance with regulation 2.39.

2.38Secretary may approve batch testing and marking
  • (1)

    The Secretary may, in writing, grant a servicing licensee:

    • (a)

      an approval to test and mark a batch of glass measures; or

    • (b)

      an approval to test and validate a verification mark.

  • (2)

    An approval ceases to have effect if it is revoked by the Secretary.

  • (3)

    An approval ceases to have effect if the servicing licensee:

    • (a)

      fails to comply with a condition included in the approval; or

    • (b)

      fails to take reasonable precautions to prevent the commission of an offence mentioned in regulation 2.27; or

    • (c)

      fails to provide and pay for testing facilities in accordance with regulation 2.39 or as required by the Secretary; or

    • (d)

      fails to keep records in accordance with regulation 2.40; or

    • (e)

      fails to make records available for examination by an inspector in accordance with regulation 2.40.

2.39Batch testing requirements
  • (1)

    A manufacturer or an importer of glass measures must ensure that at least the appropriate test proportion of a batch of glass measures is tested by:

    • (a)

      an inspector; or

    • (b)

      a servicing licensee; or

    • (c)

      an employee of a servicing licensee.

(2) If an inspector tests a batch of glass measures, he or she must provide to the manufacturer or importer of the batch a histogram that details the results of each test of the batch of glass measures made by the inspector.

(3) If a servicing licensee or an employee of the servicing licensee tests a batch of glass measures, the servicing licensee must provide to:

  • (a)

    the Secretary; and

  • (b)

    the manufacturer or importer of the batch;

a histogram that details the results of each test of the batch of glass measures made by the servicing licensee.

  • (4)

    If an employee of a servicing licensee tests a batch of glass measures, he or she must provide to the servicing licensee a histogram that details the results of each test of the batch of glass measures made by the employee.

  • (5)

    The inspector, servicing licensee or employee of the servicing licensee must provide the histogram within 14 days after making the test.

  • (6)

    The appropriate test proportion, in relation to a batch of glass measures, is specified in the relevant national test procedure, itself specified in the latest edition of the National Instrument Test Procedures published by the National Measurement Institute.

    Note: The latest edition of the National Instrument Test Procedures is available on the Internet at level="5">2.40Servicing licensee to keep records

    • (1)

      If an approval is granted to a servicing licensee relating to glass measures, the servicing licensee must keep a record of each glass measure specified in the approval for a period of at least 3 years after the batch of glass measures is tested.

    • (2)

      If an inspector exercises the power to inspect under paragraph 18MG(1)(e) of the Act in relation to a record mentioned in paragraph (a), the servicing licensee must give the record to the inspector within 14 days after the inspector exercises the power to inspect.

      Note: See regulation 2.28 for an offence related to glass measures.

    Division 2.4Servicing licences and licensees2.41Definition of class amount

     The class amount, for an application for a servicing licence or for an application for the renewal of a servicing licence made in a financial year, is:

    • (a)

      for the financial year beginning on 1 July 2019—$143; and

    • (b)

      for the financial year beginning on 1 July 2020—$161; and

    • (c)

      for the financial year beginning on 1 July 2021—$178; and

    • (d)

      for a financial year beginning on or after 1 July 2022—$196.

    2.41ADefinition of new applicant amount

     The new applicant amount, for an application for a servicing licence made in a financial year, is:

    • (a)

      for the financial year beginning on 1 July 2019—$571; and

    • (b)

      for the financial year beginning on 1 July 2020—$643; and

    • (c)

      for the financial year beginning on 1 July 2021—$714; and

    • (d)

      for a financial year beginning on or after 1 July 2022—$785.

    2.41BDefinition of verifier amount

     The verifier amount, for an application for a servicing licence or for the renewal of a servicing licence made in a financial year mentioned in the following table, is the amount mentioned for that financial year for the number of verifiers nominated in the application.

    Verifier amounts

    Item

    Column 1

    Number of verifiers nominated in application

    Column 2

    Amount for financial year beginning on 1 July 2019

    Column 3

    Amount for financial year beginning on 1 July 2020

    Column 4

    Amount for financial year beginning on 1 July 2021

    Column 5

    Amount for financial year beginning on or after 1 July 2022

    1

    1

    $628

    $707

    $785

    $864

    2

    More than 1 but not more than 10

    $971

    $1,092

    $1,213

    $1,335

    3

    More than 10 but not more than 50

    $2,342

    $2,634

    $2,926

    $3,219

    4

    More than 50 but not more than 100

    $4,056

    $4,562

    $5,068

    $5,574

    5

    More than 100

    $6,627

    $7,453

    $8,280

    $9,106

    2.41CPrescribed fee – application for servicing licence (Act s 18NA(3)(b))

    For the purposes of paragraph 18NA(3)(b) of the Act, the fee for an application for a servicing licence is the sum of the following amounts:

    • (a)

      if the applicant does not hold a servicing licence—the new applicant amount for the application;

    • (b)

      the amount worked out by multiplying the class amount for the application by the number of classes of servicing licence to which the application relates;

    • (c)

      the amount worked out by multiplying the verifier amount for the application by the number of licence years for the application.

    2.42Prescribed particulars (Act s 18NF)

    For section 18NF of the Act, each of the following particulars related to a servicing licence is prescribed:

    • (a)

      the licence number;

    • (b)

      the licensee’s name;

    • (c)

      the licensee’s address to be used for service of notices;

    • (d)

      the date on which the licence was issued;

    • (e)

      any condition imposed on the licence under section 18NH of the Act;

    • (f)

      the class of the licence;

    • (g)

      a unique identifying code for each licensee, in the form of 3 letters in upper case.

    2.43Prescribed conditions (Act s 18NH (j))
    • (1)

      For paragraph 18NH(j) of the Act, each of the conditions in this regulation is prescribed.

    • (2)

      A servicing licensee must comply with these Regulations.

    • (3)

      An employee of a servicing licensee must comply with these Regulations.

    • (4)

      If paragraph 18QA(1)(a), (b), (c), (e), (g), (h) or (i) of the Act applies to the servicing licensee, the servicing licensee must notify the Secretary of that fact within 14 days after the servicing licensee first knows that the paragraph applies.

    • (5)

      If any change occurs in the circumstances of the servicing licensee that will result in paragraph 18QA(1)(a), (b), (c), (e), (g), (h) or (i) of the Act applying to the servicing licensee, the servicing licensee must notify the Secretary of that fact within 14 days after the change in circumstances.

    • (6)

      If an employee of a servicing licensee verifies measuring instruments as part of his or her duties, the employee must, within 14 days after the change in circumstances, notify the servicing licensee of any change in the employee’s circumstances that is relevant to:

      • (a)

        the employee’s eligibility to carry out his or her duties; or

      • (b)

        identifying the employee.

      Note: Examples of a relevant change in the employee’s circumstances include, but are not limited to, the following:

      (a) loss of competence;

      (b) change of name;

      (c) change of residential address.

    • (7)

      If an employee of a servicing licensee notifies the servicing licensee of any change in the employee’s circumstances in accordance with subregulation (6), the servicing licensee must notify the Secretary of the change in circumstances within 14 days after the servicing licensee is notified by the employee.

    • (8)

      If a servicing licensee otherwise knows of any change in the circumstances of an employee that is relevant to the employee’s eligibility to carry out his or her duties, the servicing licensee must notify the Secretary of the change in circumstances within 14 days after the servicing licensee first knows of the change in circumstances.

    • (9)

      A servicing licensee must notify the Secretary within 14 days after any of the following events:

      • (a)

        if an employee of the servicing licensee who verifies measuring instruments as part of his or her duties ceases to be employed by the servicing licensee;

      • (b)

        if the servicing licensee employs a new employee who will verify measuring instruments as part of his or her duties.

    • (9A)

      A servicing licensee or an employee of a servicing licensee must not verify a measuring instrument unless the licensee or employee has a statement of attainment issued by a registered training organisation for that class of measuring instrument.

    • (10)

      If a servicing licensee verifies a measuring instrument, the servicing licensee must:

      • (a)

        in writing in an approved form; and

      • (b)

        within 14 days after verifying the measuring instrument;

    notify the controller of the measuring instrument that the measuring instrument has been verified.

    • (11)

      If an employee of a servicing licensee verifies a measuring instrument, the servicing licensee must:

      • (a)

        in writing in an approved form; and

      • (b)

        within 14 days after verifying the measuring instrument;

    notify the controller of the measuring instrument that the measuring instrument has been verified.

    • (12)

      If:

      • (a)

        a servicing licensee or an employee of a servicing licensee examines or tests a measuring instrument; and

      • (b)

        the servicing licensee or the employee does not verify the measuring instrument immediately after completing the examination or test; and

      • (c)

        the measuring instrument:

        • (i)

          is not of an approved pattern; or

        • (ii)

          is outside the range of maximum permissible error that is permitted at verification for the measuring instrument; or

        • (iii)

          does not comply with the relevant National Instrument Test Procedure;

    the servicing licensee must notify the Secretary, in the manner described in subregulation (13), that the measuring instrument has not been verified.

    Note: The latest edition of the National Instrument Test Procedures is available on the Internet at subregulation (12):

    • (a)

      the servicing licensee must notify the Secretary that the measuring instrument has not been verified:

      • (i)

        in writing in an approved form; and

      • (ii)

        within 14 days after the servicing licensee completes the examination or test; and

    • (b)

      the servicing licensee, or an employee of the servicing licensee, must obliterate a verification mark on the measuring instrument.

    Note: The servicing licensee can notify the Secretary electronically by using a facility available on the Internet at servicing licensee or an employee of a servicing licensee examines or tests a measuring instrument; and

  • (b)

    the servicing licensee or employee does not verify the measuring instrument immediately after completing the examination or test; and

  • (c)

    the measuring instrument:

    • (i)

      is not of an approved pattern; or

    • (ii)

      is outside the range of maximum permissible error that is permitted at verification for the measuring instrument; or

    • (iii)

      does not comply with the relevant National Instrument Test Procedure;

the servicing licensee or employee must notify the controller of the measuring instrument, in the manner described in subregulation (15), that the measuring instrument has not been verified.

Note: The latest edition of the National Instrument Test Procedures is available on the Internet at subregulation (14), the servicing licensee or employee must notify the controller of the measuring instrument:

  • (a)

    in writing in an approved form; and

  • (b)

    immediately after the servicing licensee or employee completes the examination or test.

  • (16)

    If a servicing licensee, or an employee of a servicing licensee, verifies a measuring instrument, the servicing licensee must notify the Secretary of the verification:

    • (a)

      in writing in an approved form; and

    • (b)

      within 14 days after the measuring instrument has been verified.

    Note: The servicing licensee can notify the Secretary electronically by using a facility available on the Internet at servicing licensee must:

    • (a)

      retain a copy of any notification made in accordance with subregulation (10), (11), (12), (13), (14), (15) or (16) for a period of at least 3 years after the notification is made; and

    • (b)

      if an inspector exercises the power to inspect under paragraph 18MG(1)(e) of the Act in relation to a copy mentioned in paragraph (a)—give the copy to the inspector within 14 days after the inspector exercises the power to inspect.

  • (18)

    A servicing licensee, or an employee of a servicing licensee, must not verify a measuring instrument unless it has been tested in accordance with:

    • (a)

      the relevant national test procedure as specified in the latest edition of the National Instrument Test Procedures; and

    • (b)

      any particular test procedures specified in the relevant National Measurement Institute Certificate of Approval.

    Note: The latest edition of the National Instrument Test Procedures is available on the Internet at servicing licensee, or an employee of a servicing licensee, who verifies a measuring instrument must ensure that the measuring instrument is in accordance with its approved pattern.

  • (20)

    A servicing licensee, or an employee of a servicing licensee, who verifies a measuring instrument must ensure that the measuring instrument operates within the relevant maximum permissible error.

  • (21)

    A servicing licensee, or an employee of a servicing licensee, who verifies a measuring instrument must ensure that:

    • (a)

      if an item of equipment used by the servicing licensee or the employee is required by the National Instrument Test Procedures published by the National Measurement Institute to be the subject of a current certificate of verification issued in accordance with paragraph 13(1)(b) or (c) of the National Measurement Regulations 1999— the item is the subject of the certificate; or

    • (b)

      if paragraph (a) does not apply—the item of equipment used by the servicing licensee or the employee is specified in the latest edition of the National Instrument Test Procedures published by the National Measurement Institute.

    Note: The latest edition of the National Instrument Test Procedures is available on the Internet at servicing licensee must maintain a quality management system in an approved form.

  • (23)

    If the Secretary:

    • (a)

      notifies a servicing licensee that the quality management system used by the servicing licensee does not comply with an approved form of the quality management system; and

    • (b)

      includes in the notification a recommendation related to the noncompliant quality management system

  • the servicing licensee must, within 14 days after being notified by the Secretary, act in accordance with the recommendation.

    Note: Information regarding an approved form of the quality management system is available on the Internet at If an inspector gives a direction to a servicing licensee, or an employee of a servicing licensee, in relation to reverification of a measuring instrument in accordance with section 18MJ of the Act for the purpose of establishing whether the servicing licensee or employee is competent to perform the functions and duties of a verifier, the servicing licensee or employee must:

    • (a)

      perform any test of the measuring instrument requested by the inspector; and

    • (b)

      perform the test at a time and place agreed by the inspector and the servicing licensee or employee who will perform the test.

    • (25)

      If a servicing licensee, or an employee of a servicing licensee, tests or verifies a measuring instrument that is included in a licence class prescribed in Schedule 2, the servicing licensee must, if the Secretary directs, provide a test report to the Secretary:

      • (a)

        in writing in an approved form; and

      (b) within 14 days after the Secretary directs the servicing licensee to provide the test report.

      Note 1: Section 18NH of the Act sets out other conditions on all servicing licenses.

      Note 2: An electronic version of each of the National Instrument Test Procedures is available on the internet at level="5">2.44Prescribed fee – application to amend condition of servicing licence (Act s 18NI(2)(b))

      For the purposes of paragraph 18NI(2)(b) of the Act, the fee for an application to amend a condition of a servicing licence made in a financial year, is:

      • (a)

        for the financial year beginning on 1 July 2019—$143; and

      • (b)

        for the financial year beginning on 1 July 2020—$161; and

      • (c)

        for the financial year beginning on 1 July 2021—$178; and

      • (d)

        for a financial year beginning on or after 1 July 2022—$196.

      2.45Prescribed fee – application to amend servicing licence due to change of partnership (Act s 18NJ(3)(d))

      For the purposes of paragraph 18NJ(3)(d) of the Act, the fee for an application to amend a servicing licence to state the people who are or will be the partners made in a financial year is:

      • (a)

        for the financial year beginning on 1 July 2019—$571; and

      • (b)

        for the financial year beginning on 1 July 2020—$643; and

      • (c)

        for the financial year beginning on 1 July 2021—$714; and

      • (d)

        for a financial year beginning on or after 1 July 2022—$785.

      2.46Prescribed fee – application for renewal of servicing licence (Act s 18NK(2)(b))

      For the purposes of paragraph 18NK(2)(b) of the Act, the fee for an application for the renewal of a servicing licence is the sum of the following:

      • (a)

        the amount worked out by multiplying the class amount for the application by the number of classes of servicing licence to which the application relates;

      • (b)

        the amount worked out by multiplying the verifier amount for the application by the number of licence years for the application.

      2.47Prescribed fee – verifying measuring equipment
      • (1)

        For subsection 18MK(2) of the Act, this regulation prescribes the fee for verifying or re‑verifying a measuring instrument.

      • (2)

        Subject to regulation 2.47A, the prescribed fee (not including any applicable GST) is the sum of an hourly rate of $140 and any costs incurred in verifying or re‑verifying the measuring instrument.

        Note: GST may or may not be payable depending on the circumstances of the verification.

      2.47AIndexation of fee prescribed by regulation 2.47
      • (1)

        At the start of each financial year (an indexation year) after the financial year beginning on 1 July 2014, the hourly rate mentioned in regulation 2.47 is replaced by the amount worked out using the following formula:

      • (2)

        The indexation factor for an indexation year is the number worked out using the following formula:

      where:

      base quarter means the last March quarter before the reference quarter.

      index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.

      reference quarter means the March quarter in the last year before the indexation year.

      • (3)

        An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

      • (4)

        An indexation factor that is less than 1 is to be increased to 1.

      • (5)

        Amounts worked out under subregulation (1) are to be rounded to the nearest whole dollar (rounding up in the case of 50 cents).

      • (6)

        Calculations under subregulation (2):

        • (a)

          are to be made using only the index numbers published in terms of the most recently published index reference period; and

        • (b)

          are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

      2.48Prescribed period

      For paragraph 18QA(1)(c) of the Act, the prescribed period is 90 days.

      Part 3Weighbridges used for tradeDivision 3.1General3.1Application of Part 3

      (1) This Part applies to weighbridges used for trade (including public weighbridges).

      • (2)

        This Part is in addition to, and does not limit, any other provision of these Regulations relating to measuring instruments generally.

      3.2Location of weighbridge

       A weighbridge must be located so that:

      • (a)

        a vehicle using the weighbridge has enough room to move on and off the weighbridge without the vehicle turning on any platform; and

      • (b)

        the indicating device of the weighbridge is protected from wind and rain by an office or other adequate means; and

    • (c)

      any operational visual summing device of the weighbridge is protected from wind and rain by an office or other adequate means; and

    • (d)

      water, mud or debris from the area surrounding the weighbridge does not accumulate:

      • (i)

        on or under a platform; or

      • (ii)

        in the pit.

    3.3Visibility on weighbridge
    • (1)

      A weighbridge must simultaneously provide the operator with a clear view of:

      • (a)

        each platform in its entirety; and

      • (b)

        the result of the measurement displayed on the indicator;

    without requiring the operator to change position from his or her normal operating position.

    • (2)

      For a road weighbridge, the position of the indicator must enable the driver of a vehicle using the weighbridge to read easily the mass displayed on the indicator.

    3.4Approach to weighbridge
    • (1)

      An approach to a weighbridge must:

      • (a)

        have a hard, true and durable surface of concrete or another approved material; and

      • (b)

        for a weighbridge used to determine end‑and‑end measurements or axle weights—have a perimeter that is clearly indicated by painted marks or other approved means; and

      • (c)

        be arranged so that drainage from the surface of the approach does not flow into the pit; and

      • (d)

        be in the same plane as the platform for a minimum distance of either of the following:

        • (i)

          if the length of the platform is less than 18 metres—3 metres;

        • (ii)

          if the length of the platform is 18 metres or more—1 metre.

    • (2)

      The approach to a platform of a weighbridge that is the entry or exit end of the entire weighbridge is in the same plane as the platform or platforms of the weighbridge if:

      • (a)

        for a weighbridge not used to determine end‑and‑end measurements—the surface of the approach is, for its entirety, contained within an angle of no more than +/‑2 degrees of level (horizontal). measured from the end of the nearer end of the weighbridge; and

      • (b)

        for a weighbridge used to determine end‑and‑end measurements—the surface of the approach is, for its entirety, contained within an angle of no more than +/‑0.25 degrees of level (horizontal). measured from the end of the nearer end of the weighbridge; and

      • (c)

        for a multi‑platform weighbridge—the dead space, if applicable, between the platforms of the weighbridge is level and in the same plane as each of the platforms.

    3.5Platform of weighbridge – composition

     Each platform of a weighbridge must be composed of:

    • (a)

      concrete; or

    • (b)

      steel; or

    • (c)

      a combination of concrete and steel; or

    • (d)

      an approved material not mentioned in paragraph (a) or (b); or

    • (e)

      a combination of approved materials not mentioned in paragraph (c).

    3.6Pit of weighbridge

     If a weighbridge has 1 or more pits:

    • (a)

      each entrance to a pit must be:

      • (i)

        covered; and

      • (ii)

        at least 1 metre deep; and

      • (iii)

        at least 900 mm wide; and

    • (b)

      the neck of the pit must be at least 900 mm wide; and

    • (c)

      a lever located in the neck of the pit must have a clearance of at least 150 mm on each side of the lever; and

    • (d)

      each part of the underwork must be freely accessible; and

    • (e)

      if each part of the underwork is freely accessible from above, there must be a clearance of at least 150 mm below each part of the underwork; and

    • (f)

      in any other case—there must be a clearance of at least 400 mm below the lowest lever; and

    • (g)

      each pit must be kept free from any accumulation of water, mud or debris; and

    • (h)

      each pit must be:

      • (i)

        free‑draining; or

      • (ii)

        provided with automatic mechanical drainage.

    3.7Weighbridge without pit
    • (1)

      If a weighbridge does not have a pit:

      • (a)

        the clearance under the lowest live part of the platforms must be at least 150 mm; and

      • (b)

        the floor between load cell supports must be:

        • (i)

          composed of concrete at least 75 mm thick; and

        • (ii)

          effectively drained; and

        • (iii)

          kept free from any accumulation of water, mud or debris; and

      • (c)

        the clearance from the external edges of the platform must:

        • (i)

          be wide enough to provide access for servicing and maintenance; and

        • (ii)

          be wide enough to allow for drainage of water from the weighbridge; and

        • (iii)

          be free from obstructions that may interfere with the operation or accuracy of the weighbridge; and

      • (d)

        the load cell footings must be individually and mutually stable.

    • (2)

      The Secretary may, in writing, permit a weighbridge that does not comply with subregulation (1) to be used.

    3.8Weighbridge with electrical or electronic devices

     If a weighbridge is equipped with electrical or electronic devices:

    • (a)

      each electrical or electronic device must be protected from:

      • (i)

        electrical interference; and

      • (ii)

        electronic interference; and

      • (iii)

        the rays of the sun; and

    • (b)

      the data plate of the load cells must be sufficiently accessible to enable the data plate to be read with ease.

    3.9Weighbridge with more than 1 platform
    • (1)

      If a weighbridge has more than 1 platform:

      • (a)

        the dead space between each platform must not exceed 2 metres; and

      • (b)

        each platform must operate in a manner that does not affect the operation of any other platform; and

      • (c)

        the upper surface of a platform should be in the same plane as the upper surface of each other platform; and

      • (d)

        a visual summing indicator must be installed on the weighbridge in a manner that meets the requirements of paragraph 3.2(c).

    • (2)

      A platform of the weighbridge is in the same plane as each other platform if the platform meets the requirements specified in subregulation 3.4(2) for an approach to a weighbridge.

    3.10Portable weighbridge

     If a weighbridge is portable:

    • (a)

      there must be a clearance of at least 150 mm under the lowest live part of the platforms; and

    • (b)

      the base of the weighbridge must be stable when the weighbridge is in use; and

    • (c)

      the headwork of the weighbridge must be adequately protected from wind and rain by an office or other adequate means; and

    • (d)

      the levers (if any) of the weighbridge must be adequately protected; and

    • (e)

      any electrical cabling from the load cells to the headwork must be adequately protected; and

    • (f)

      the ground under the platform must be:

      • (i)

        treated to prevent the growth of foliage; and

      • (ii)

        kept free from any accumulation of water, mud or debris.

    3.11Use of weighbridge to determine end‑and‑end measurement
    • (1)

      A weighbridge may only be used to determine an end‑and‑end measurement if:

      • (a)

        the weighbridge was approved under an earlier corresponding law for use to determine end‑and‑end measurements; and

      • (b)

        the approach to the weighbridge complies with the requirements mentioned in subregulation 3.4(1).

    • (2)

      For the measurement of a vehicle, a weighbridge must not be used to determine an end‑and‑end measurement if, at any time during the measurement of the vehicle, any of the following paragraphs applies:

      • (a)

        the brakes, gears or any other means capable of restricting the free movement of the vehicle are engaged;

      • (b)

        the suspension of the vehicle is manipulated;

      • (c)

        any item or mechanism that can affect the measurement of the vehicle when it is engaged is engaged;

      • (d)

        any item or mechanism that can affect the measurement of the vehicle when it is disengaged is disengaged;

      • (e)

        the wheels of the axles that are being weighed in any of the weighings are not wholly on the platform;

      • (f)

        the wheels on 1 or more of the axles of the vehicle are not located within the indicated perimeter of the approaches.

    • (3)

      The Secretary may, in writing, permit a weighbridge that does not comply with this regulation to be used to determine an end‑and‑end measurement.

    Division 3.2Public weighbridges3.12Prescribed fee – application for public weighbridge licence (Act s 18PA(3)(b))

    For the purposes of paragraph 18PA(3)(b) of the Act, the fee for an application for a public weighbridge licence is the sum of:

    • (a)

      $785; and

    • (b)

      $550 multiplied by the number of licence years for the application.

    Note: The amount of $1,335 is the component of the total fee covering the first licence year.

    3.13Prescribed fee – application to amend condition of public weighbridge licence (Act s 18PI(2)(b))

    For the purposes of paragraph 18PI(2)(b) of the Act, the fee for an application to amend a condition of a public weighbridge licence is $196.

    3.14Prescribed fee – application to amend public weighbridge licence due to change of partnership (Act s 18PJ(3)(d))

    For the purposes of paragraph 18PJ(3)(d) of the Act, the fee for an application to amend a public weighbridge licence to state the people who are or will be the partners is $785.

    3.15Prescribed fee – application to contract out public weighbridge operation (Act s 18PK(3)(d))

    For the purposes of paragraph 18PK(3)(d) of the Act, the fee for an application to amend a public weighbridge licence to state the person who will operate the public weighbridge is $550 multiplied by each year, or part of a year, of the licence remaining after the application is made.

    3.16Prescribed fee – application for renewal of public weighbridge licence (Act s 18PL(2)(b))

    For the purposes of paragraph 18PL(2)(b) of the Act, the fee for an application for the renewal of a public weighbridge licence is $550 multiplied by the number of licence years for the application.

    3.17When use of weighbridge is taken not to be use of a public weighbridge

     The use of a weighbridge is taken not to be the use of a public weighbridge only if:

    • (a)

      the weighbridge is being used to weigh stock on the hoof; or

    • (b)

      both of the following subparagraphs apply:

      • (i)

        the weighbridge is used to measure the tare mass of a vehicle for the purpose of registering the vehicle;

      • (ii)

        the operator issues to the person who is in charge of the vehicle a written statement of the tare mass of the vehicle that indicates clearly that the tare mass was measured solely for the purpose mentioned in subregulation (i).

    3.18Secretary may require inspection report

    In exercising his or her powers under section 18PB or 18PC of the Act, the Secretary may require an inspector to:

    • (a)

      inspect a weighbridge; and

    • (b)

      provide to the Secretary, within 14 days after the inspector examines the weighbridge, an inspection report that includes an assessment by the inspector regarding whether the inspector is satisfied that:

      • (i)

        a vehicle using the weighbridge is able to move onto and off the weighbridge without reversing; and

      • (ii)

        the type of weighbridge is suitable for the purpose of a public weighbridge; and

      • (iii)

        the size of the platforms of the weighbridge is suitable for the purpose of a public weighbridge; and

      • (iv)

        the weighbridge complies with these Regulations.

    3.19Display requirements – sign at public weighbridge

     A public weighbridge licensee must display at the weighbridge a sign that meets each requirement mentioned in the following paragraphs:

    • (a)

      the sign must be displayed in a prominent position; and

    • (b)

      a person using the weighbridge must be able to easily see the sign; and

    • (c)

      each letter or number included on the sign must be at least 100 mm high; and

    • (d)

      the background colour of the sign must contrast with the colour of each letter and number included on the sign; and

    • (e)

      the sign must clearly state that the weighbridge is a public weighbridge; and

    • (f)

      the sign must clearly state the registered number of the weighbridge.

    3.20When licensee must withdraw public weighbridge from use and notify Secretary

     If a public weighbridge licensee knows, or believes on reasonable grounds, that a measurement determined using a public weighbridge would be incorrect, the licensee must, immediately after forming the knowledge or belief:

    • (a)

      withdraw the public weighbridge from use; and

    • (b)

      notify the Secretary, in an approved form, of:

      • (i)

        the withdrawal of the public weighbridge from use; and

      • (ii)

        the reason that the public weighbridge has been withdrawn from use.

    3.21Public weighbridge licensee may refuse measurement request

     A public weighbridge licensee or operator may refuse a request for measurement during normal trading hours only if:

    • (a)

      the weighbridge does not have the capacity to determine the measurement; or

    • (b)

      the licensee or operator knows, or believes on reasonable grounds, that a measurement determined using the weighbridge would be incorrect; or

    • (c)

      the person requesting the measurement does not comply with a request made by the licensee or operator to pay the fee for the measurement before the measurement is determined.

    3.22Platform of public weighbridge to be kept clean
    • (1)

      A public weighbridge licensee must ensure that each platform of a public weighbridge is kept clean.

    • (2)

      A person who engages in conduct that contravenes subregulation (1) commits an offence.

      Penalty: 20 penalty units.

    • (3)

      An offence mentioned in subregulation (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

    3.23Space between frame and platform must be kept free from obstructions
    • (1)

      A public weighbridge licensee must ensure that:

      • (a)

        for a public weighbridge with 1 platform—the space between the frame of the weighbridge and the platform of the weighbridge is, at all times, kept free from any obstruction; or

      • (b)

        for a public weighbridge with more than 1 platform—the space between the frame of the weighbridge and each platform of the weighbridge is, at all times, kept free from any obstruction.

    • (2)

      A person who engages in conduct that contravenes subregulation (1) commits an offence.

      Penalty: 20 penalty units.

    • (3)

      An offence mentioned in subregulation (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

    3.24Weight recorded by public weighbridge without load to be kept accurately at zero
    • (1)

      A public weighbridge licensee must ensure that the weight recorded by a public weighbridge is kept accurately at zero if:

      • (a)

        for a public weighbridge with 1 platform—there is no load on the platform; or

      • (b)

        for a public weighbridge with more than 1 platform—there is no load on any platform.

    • (2)

      A person who engages in conduct that contravenes subregulation (1) commits an offence.

      Penalty: 20 penalty units.

    • (3)

      An offence mentioned in subregulation (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

    3.25Public weighbridge licensee must ensure operator determines measurement with appropriate care
    • (1)

      A public weighbridge licensee must take all reasonable steps to ensure that the operator of the public weighbridge receives sufficient training to enable the operator:

      • (a)

        to take the appropriate degree of care in determining a measurement using the weighbridge; and

      • (b)

        to competently determine a measurement using the weighbridge.

    • (2)

      A person who engages in conduct that contravenes subregulation (1) commits an offence.

      Penalty: 20 penalty units.

    • (3)

      An offence mentioned in subregulation (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

    3.26Measurement tickets – general requirements
    • (1)

      For a public weighbridge, a measurement ticket must be:

      • (a)

        issued from a bound book of tickets; or

      • (b)

        issued from a pad of tickets; or

      • (c)

        generated electronically.

    • (2)

      A bound book or pad of measurement tickets mentioned in subregulation (1) may contain more than 1 copy measurement ticket for each original measurement ticket.

    3.27Measurement tickets – requirements of public weighbridge licensee
    • (1)

      A public weighbridge licensee must take all reasonable steps to ensure that, for each measurement determined using a public weighbridge:

      • (a)

        the operator takes the appropriate degree of care to determine the measurement; and

      • (b)

        the operator completes an original measurement ticket:

        • (i)

          in an approved form; and

        • (ii)

          in numerical order; and

        • (iii)

          with appropriate care; and

        • (iv)

          as soon as practicable after the operator determines the measurement; and

      • (c)

        the operator completes a copy measurement ticket:

        • (i)

          in an approved form; and

        • (ii)

          in numerical order; and

        • (iii)

          with appropriate care; and

        • (iv)

          as soon as practicable after the operator determines the measurement; and

      • (d)

        immediately after the operator completes the original measurement ticket, the operator issues the copy measurement ticket to the person for whom the measurement was determined.

    • (2)

      A person who engages in conduct that contravenes subregulation (1) commits an offence.

      Penalty: 20 penalty units.

    • (3)

      An offence mentioned in subregulation (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

    3.28Public weighbridge licensee must ensure certain measurement tickets produced to relevant person
    • (1)

      If a relevant person requests a public weighbridge licensee to produce a measurement ticket during the preservation period, the public weighbridge licensee must ensure that either of the following documents is produced to the relevant person as soon as practicable after the request is made:

      • (a)

        for a measurement ticket issued from a book or pad of tickets—the original measurement ticket;

      • (b)

        for a measurement ticket generated electronically—a printed version of the original measurement ticket.

      Note: For the definition of preservation period, see regulation 1.4.

    • (2)

      In this regulation, relevant person means:

      • (a)

        an inspector; or

      • (b)

        a person who has a genuine interest in examining the measurement ticket.

      Note: An example of a person with a genuine interest in the measurement ticket is a person whose goods were located on a truck being driven by another person at the time of the weighing.

    • (3)

      A person who engages in conduct that contravenes subregulation (1) commits an offence.

      Penalty: 20 penalty units.

    • (4)

      The offence mentioned in subregulation (3) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

    3.29Public weighbridge licensee must not remove or alter original measurement ticket
    • (1)

      During the preservation period, if a measurement ticket for a measurement determined using the public weighbridge is issued from a book or pad of tickets, a public weighbridge licensee must not:

      • (a)

        remove an original measurement ticket from a book or pad; or

      • (b)

        alter an original measurement ticket.

      Note: For the definition of preservation period, see regulation 1.4.

    • (2)

      A person who engages in conduct that contravenes paragraph (1)(a) or (b) commits an offence.

      Penalty: 20 penalty units.

    • (3)

      An offence mentioned in subregulation (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

    3.30Public weighbridge licensee must not allow another person to remove or alter original measurement ticket
    • (1)

      During the preservation period, if a measurement ticket for a measurement determined using the public weighbridge is issued from a book or pad of tickets, a public weighbridge licensee must not:

      • (a)

        allow another person to remove an original measurement ticket from a book or pad of tickets; or

      • (b)

        allow another person to alter an original measurement ticket.

      Note: For the definition of preservation period, see regulation 1.4.

    • (2)

      A person who engages in conduct that contravenes paragraph (1)(a) or (b) commits an offence.

      Penalty: 20 penalty units.

    • (3)

      An offence mentioned in subregulation (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

    3.31Public weighbridge licensee must not remove or alter unissued copy measurement ticket
    • (1)

      During the preservation period, if a measurement ticket for a measurement determined using the public weighbridge is issued from a book or pad of tickets, a public weighbridge licensee must not:

      • (a)

        remove an unissued copy measurement ticket from a book or pad of tickets; or

      • (b)

        alter an unissued copy measurement ticket.

      Note: For the definition of preservation period, see regulation 1.4.

    • (2)

      A person who engages in conduct that contravenes paragraph (1)(a) or (b) commits an offence.

      Penalty: 20 penalty units.

    • (3)

      An offence mentioned in subregulation (2) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

    3.32Public weighbridge licensee must not allow another person to remove or alter unissued copy measurement ticket
    • (1)

      During the preservation period, if a measurement ticket for a measurement determined using the public weighbridge is issued from a book or pad of tickets, a public weighbridge licensee must not:

      • (a)

        allow another person to remove an unissued copy measurement ticket from a book or pad of tickets; or

      • (b)

        allow another person to alter an unissued copy measurement ticket.

      Note: For the definition of preservation period, see regulation 1.4.

      • (a)

        single phase direct‑connected electricity meters with an accuracy class mentioned, for the item, in column 4 or 5 of that table;

      • (b)

        polyphase direct‑connected electricity meters with an accuracy class mentioned, for the item, in column 4 or 5 of that table.

    • 4

      The maximum permissible errors mentioned in column 4 or 5 of table 18 apply at the current rate and power factor mentioned, for an item, in column 2 and 3 of that table.

    Table 18 Single phase and polyphase direct‑connected electricity meters

    Item

    Current range

    Power factor

    Maximum permissible error (%)

    Accuracy class 1

    Accuracy class 1.5

    1

    0.05 Ib ≤ I < 0.1 Ib

    1

    ±1.5%

    ±1.5%

    2

    0.1 Ib ≤ I ≤ Imax

    1

    ±1.0%

    ±1.5%

    3

    0.1 Ib ≤ I < 0.2 Ib

    0.5 inductive

    ±1.5%

    ±1.5%

    4

    0.1 Ib ≤ I < 0.2 Ib

    0.8 capacitive

    ±1.5%

    5

    0.2 Ib ≤ I ≤ Imax

    0.5 inductive

    ±1.0%

    ±1.5%

    6

    0.2 Ib ≤ I ≤ Imax

    0.8 capacitive

    ±1.0%

    Maximum permissible errors—transformer‑operated electricity meters

    • 5

      The maximum permissible errors for the following kinds of electricity meters are set out, for an item, in columns 4, 5 and 6 of table 19:

       (a) single phase transformer‑operated electricity meters with an accuracy class mentioned, for the item, in column 4, 5 or 6 of that table;

      • (b)

        polyphase transformer‑operated electricity meters with an accuracy class mentioned, for the item, in column 4, 5 or 6 of that table.

    • 6

      The maximum permissible errors mentioned in column 4, 5 or 6 of table 19 apply at the current rate and power factor mentioned, for an item, in column 2 and 3 of that table.

    Table 19 Single phase and polyphase transformer‑operated electricity meters

    Item

    Current range

    Power factor

    Maximum permissible error (%)

    Accuracy class 0.2

    Accuracy class 0.5

    Accuracy class 1

    1

    0.01 In ≤ I < 0.05 In

    1

    ±0.4%

    ±1.0%

    2

    0.02 In ≤ I < 0.05 In

    1

    ±1.5%

    3

    0.05 In ≤ I ≤ Imax

    1

    ±0.2%

    ±0.5%

    ±1.0%

    4

    0.02 In ≤ I < 0.1 In

    0.5 inductive

    ±0.5%

    ±1.0%

    5

    0.02 In ≤ I < 0.1 In

    0.8 capacitive

    ±0.5%

    ±1.0%

    6

    0.05 In ≤ I < 0.1 In

    0.5 inductive

    ±1.5%

    7

    0.05 In ≤ I < 0.1 In

    0.8 capacitive

    ±1.5%

    8

    0.1 In ≤ I ≤ Imax

    0.5 inductive

    ±0.3%

    ±0.6%

    ±1.0%

    9

    0.1 In ≤ I ≤ Imax

    0.8 capacitive

    ±0.3%

    ±0.6%

    ±1.0%

    Schedule 2Classes and subclasses of servicing licences

    (subregulation 2.43(25))

    Part 1General

    Item

    Servicing licence

    1 Servicing licence relating to length measuring instruments

    1.1

    Measures of length not exceeding 2 metres

    1.2

    Measures of length exceeding 2 metres

    1.3

    Fabric measuring instruments

    2 Servicing licence relating to area measuring instruments

    2.1

    Leather measuring instruments

    3 Servicing licence relating to masses

    3.1

    Masses not exceeding 20 kg, other than:

    (a) masses marked “A”; and

    (b) metric carat masses.

    3.2

    Masses, other than the masses mentioned in item 3.1, that are :

    (a) marked “A”; and

    (b) metric carat masses.

    4 Servicing licence relating to measures of volume

    4.1

    Volume measures

    4.2

    Beverage dispensers

    4.3

    Alcoholic beverage measures (drinking and portable)

    4.4

    Lubricating oil measures

    4.5

    Pharmaceutical dispensing measures, graduated measuring cylinders

    4.6

    Brim measures for flowable solids

    4.7

    Food products

    4.8

    Non‑food products

    4.9

    Grain density measuring instruments

    4.10

    Measuring container bottles

    5 Servicing licence relating to liquid measuring instruments

    5.1

    Fuel dispensers used for petroleum products other than LPG

    5.2

    Flow meters used for petroleum products

    5.3

    Flow meters used for liquids other than petroleum products

    6 Servicing licence relating to weighing instruments

    6.1

    Weighing instruments, classes 1 and 2

    6.2

    Weighing instruments of 30 kg capacity or less, classes 3 and 4

    6.3

    Weighing instruments of a capacity exceeding 30 kg, but not exceeding 3 tonnes, classes 3 and 4

    6.4

    Weighing instruments of a capacity exceeding 3 tonnes, classes 3 and 4

    6.5

    Belt‑conveyor weighing instruments

    6.6

    Automatic rail weighbridges

    6.7

    Automatic packaging conveyor weighers

    6.8

    Wheeled loaders.

    6.9

    Totalising Hopper weighing instruments

    6.10

    Legal measuring instruments

    [Reserved for future use]

    8 Servicing licence relating to farm milk tanks

    8.1

    All sub‑classes

    9 Servicing licence relating to vehicle tanks

    9.1

    All sub‑classes

    10 Servicing licence relating to LPG dispensers

    10.1

    Fuel dispensers used for LPG, other than cryogenic liquids

    10.2

    Flow meters used for LPG, other than cryogenic liquids

    11 [Reserved for future use]

    12 Servicing licence relating to natural gas dispensers

    12.1

    All sub‑classes

    13 Servicing licence relating to multi‑dimensional measuring instruments

    13.1

    All sub‑classes

    14 Servicing licence relating to utility meters

    14.1

    All sub‑classes

    15 Servicing licence relating to quality measuring instruments

    15.1

    Grain

    15.2

    Cane sugar

    15.3

    Wine grapes

    17 Servicing licence relating to density hydrometers

    17.1

    All sub‑classes

    Part 2Supplementary

    Item

    Servicing licence

    18 Supplementary servicing licences relating to:

    18.1

    Control systems for liquid—measuring systems

    18.2

    Point of Sale systems

    18.3

    Weighbridge control systems

    Schedule 3The AQS Mark

    (regulation 4.2, definition of AQS mark)

      

     The figures on the mark below show the relative dimensions of the mark as a proportion of its width.

    Schedule 4Exemptions from marking

    (subregulation 4.4(1))

      1Textile goods

    1.1 Textile, wearing apparel and other similar articles that are not packed for sale by measurement and are not ordinarily so sold.

    1.2 Textiles that are:

    • (a)

      packed for sale by mass and are sold in packages each containing more than 4 kg; or

    • (b)

      packed for sale by length and are sold in packages each containing more than 25 m; or

    • (c)

      packed for sale by area and are sold in packages each containing more than 25 m2.

    2Food goods

    2.1 Any agricultural produce grown and packed on the same property by the grower and sold by mass in sacks of more than 25 kg gross mass.

    2.2 Confectionery, nuts, popcorn, potato crisps and savouries that are:

    • (a)

      packed on premises for sale on those premises if:

      • (i)

        the package is displayed for sale on those premises in a receptacle that bears a statement that can be readily seen and easily read in characters not less than 10 mm high of the mass and of the price of the contents of the package; and

      • (ii)

        the mass of the contents does not exceed 200 g; or

    • (b)

      packed in or with another article if the value of the combined articles is substantially represented by that other article.

    2.3 Confectionery packed singly in a novelty shape and an Easter egg packed singly.

    2.4 Honey in the comb in original frames.

    2.5 Hay.

    2.6 Any form of frozen confection packed in a quantity less than 200 mL that contains:

    • (a)

      ice cream; or

    • (b)

      flavoured ice; or

    • (c)

      fruit‑ice; or

    • (d)

      water‑ice; or

    • (e)

      a substitute for ice cream.

    2.7 Kippers.

    2.8 Pies or pasties made for use as an individual serve of which the mass is less than 250 g.

    2.9 Cakes, puddings and sponges packed singly in a quantity less than 125 g.

    2.10 Alcoholic liquors packed in a quantity more than 10 L.

    3Medicinal and toilet goods

    3.1 Goods for therapeutic use, within the meaning of the Therapeutic Goods Act 1989, for which sale or supply to the public is prohibited by law except on the written prescription of a person recognised by law as competent to prescribe them.

    3.2 A toilet preparation in a compact and a refill of a toilet preparation in a compact.

    3.3 Single application hair dyes or hair bleaches or single application home permanent hair waving kits.

    3.4 Vaccine packed in a quantity less than 25 mL or a single dose of any substance packed in a vial or ampoule for sale for use as an injection.

    4Hardware goods

    4.1 Articles of hardware that are:

    • (a)

      not packed for sale by measurement; and

    • (b)

      not ordinarily sold by measurement.

    4.2 Tinters or colouring agents for use in paint (including enamel, but not including a two‑pack paint, artists’ paint or powder coatings) that are packed in a quantity less than 100 g or 100 mL.

    4.3 Colouring material in a package on which is marked directions for mixing it, or a specified quantity of it, with a specified type and volume of paint (including enamel, but not including a two‑pack paint, artists’ paint or powder coatings), if the quantity of the material to be mixed does not exceed 10 per cent of the volume of the paint with which it is to be mixed.

    5General goods

    5.1 Articles ordinarily sold by number that are packed:

    • (a)

      in a quantity of less than 9; and

    • (b)

      in a package made wholly or partly of transparent material so that when the package is exposed for sale the number of articles contained in the package is readily apparent to a purchaser.

    5.2 An article of which the mass exceeds 75 kg or the volume exceeds 150 L.

    5.3 An article that is:

    • (a)

      packed in a quantity less than 15 g or 15 mL; and

    • (b)

      not one of the following:

      • (i)

        an adhesive;

      • (ii)

        dried vegetables;

      • (iii)

        freeze‑dried vegetables;

      • (iv)

        herbs;

      • (v)

        instant tea;

      • (vi)

        pepper and other spices;

      • (vii)

        goods for therapeutic use within the meaning of the Therapeutic Goods Act 1989;

      • (viii)

        tobacco (including plug tobacco).

    5.4 Fire extinguisher refills.

    5.5 Photographic film and photographic printing paper.

    5.6 A bag of clay.

    5.7 Fish bait.

    5.8 Soil, pebbles, crushed tile, crushed rock, tree bark, wood chips, mulch, Pacific coral, river stones, pre‑planted mushroom spawn, compost or any article that contains compost, farmyard manure, garden peat, leaf mould, peat moss, sphagnum moss, crushed material mix or any like substance for use as garden landscape material.

    5.9 Artists’ paint packed in a quantity less than 100 g.

    5.10 Candles.

    5.11 Legume seed inoculants.

    5.12 A prepackaged product sold as authorised by section 18JXof the Act.

    Schedule 5Expression of measurement marking

    Note: See subregulation 4.13(1)

       

    Item

    Description of article

    Kind of measurement permissible

    1

    Acids in liquid form

    Mass or volume

    2

    Aerosol products

    Mass

    3

    Compressed or liquefied gases, not including liquefied petroleum gas

    Mass or equivalent volume (cubic metres or litres) at stated temperature and pressure

    4

    Cream and cream substitutes (not including clotted cream, sour (or cultured) cream or substitutes for clotted or sour cream)

    Volume

    5

    Fencing wire

    Length

    6

    Flavouring essences

    Mass or volume, if the quantity is not less than 500 mg

    7

    Heavy residual fuel oil, industrial diesel fuel and furnace oil

    Mass or volume

    8

    Honey, malt extract, golden syrup and treacle

    Mass

    9

    Any form of frozen confection containing:

    (a) ice cream; or

    (b) flavoured ice; or

    (c) fruit‑ice; or

    (d) water‑ice; or

    (e) a substitute for ice cream

    Volume

    10

    Linseed oil and other vegetable oils

    Volume if the quantity is not more than 5 L

    Mass or volume if the quantity is more than 5 L

    11

    Liquefied petroleum gas

    Mass

    12

    Liquid chemicals, including solvents packed for sale for pharmaceutical, laboratory or industrial use

    Mass or volume

    13

    Paint (including enamel but not including paste paint, two‑pack paint, artists’ paint or powder coatings), varnish and varnish stains

    Volume

    14

    Paste paint

    Mass

    15

    Perfume compounds

    Mass or volume, if the quantity is not less than 500 g

    16

    Perlite

    Mass or volume

    17

    Pet litter and similar products

    Mass or volume

    18

    Natural and synthetic resins, and polymeric materials other than paint described in item 13 or 14

    Mass or volume

    19

    Rope, cord and line of a diameter less than 1.5 mm

    Length and mass per specified length

    20

    Rope, cord and line of a diameter of 1.5 mm or more

    Length and diameter

    21

    Skin cream in jars

    Mass or volume

    22

    Tomato sauce

    Volume

    23

    Toothpaste

    Mass

    24

    Twines, twists and lashings

    Length and mass per specified length

    25

    Yoghurt

    Mass

    Schedule 6Permissible units of measurement

    Note: See subregulation 4.13(6)

      1Mass

    1.1 If the measurement marking is to be expressed in terms of mass, the permissible units of measurement are as follows:

    • (a)

      kilogram is permissible in all cases;

    • (b)

      gram is also permissible if the mass does not exceed 1 000 grams;

    • (c)

      milligram is also permissible if the mass does not exceed 1 000 milligrams.

    2Volume

    2.1 If the measurement marking is to be expressed in terms of volume, the permissible units of measurement are as follows:

    • (a)

      litre, decilitre or centilitre is permissible for liquids in all cases;

    • (b)

      cubic metre is permissible for solids in all cases;

    • (c)

      millilitre is also permissible in the case of a liquid if the volume does not exceed 1 000 millilitres;

    • (d)

      cubic centimetre is also permissible in the case of a solid if the volume does not exceed 1 000 cubic centimetres.

    3Linear measurement

    3.1 If the measurement marking is to be expressed in terms of linear measurement, the permissible units of measurement are as follows:

    • (a)

      metre is permissible in all cases;

    • (b)

      centimetre is also permissible if:

      • (i)

        the length does not exceed 100 centimetres; or

      • (ii)

        the product is a bedsheet, tarpaulin or other product to which regulation 4.20 applies;

    • (c)

      millimetre is also permissible if the length does not exceed 1 000 millimetres;

    • (d)

      millimetre is also permissible in the case of:

      • (i)

        paper lengths not exceeding 10 000 millimetres; and

      • (ii)

        building material in sheet form; and

      • (iii)

        coated abrasive belts;

    • (e)

      millimetre is also permissible in the case of an article if it was customary before these Regulations commenced to express the linear measurement of the article in millimetres.

    4Area measurement

     If the measurement marking is to be expressed in terms of area measurement, any unit of area measurement is permissible.

    5Mass per specified length

     If the measurement marking is to be expressed in terms of mass per specified length, the permissible units of measurement are grams, or kilograms, for mass, and metres for length.

    Endnotes

    Endnote 1About the endnotes

    The endnotes provide information about this compilation and the compiled law.

    The following endnotes are included in every compilation:

    Endnote 1—About the endnotes

    Endnote 2—Abbreviation key

    Endnote 3—Legislation history

    Endnote 4—Amendment history

    Abbreviation key—Endnote 2

    The abbreviation key sets out abbreviations that may be used in the endnotes.

    Legislation history and amendment history—Endnotes 3 and 4

    Amending laws are annotated in the legislation history and amendment history.

    The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

    The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

    Editorial changes

    The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

    If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

    Misdescribed amendments

    A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

    If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

    Endnote 2Abbreviation key

    ad = added or inserted

    o = order(s)

    am = amended

    Ord = Ordinance

    amdt = amendment

    orig = original

    c = clause(s)

    par = paragraph(s)/subparagraph(s)

    C[x] = Compilation No. x

    /sub‑subparagraph(s)

    Ch = Chapter(s)

    pres = present

    def = definition(s)

    prev = previous

    Dict = Dictionary

    (prev…) = previously

    disallowed = disallowed by Parliament

    Pt = Part(s)

    Div = Division(s)

    r = regulation(s)/rule(s)

    ed = editorial change

    reloc = relocated

    exp = expires/expired or ceases/ceased to have

    renum = renumbered

    effect

    rep = repealed

    F = Federal Register of Legislation

    rs = repealed and substituted

    gaz = gazette

    s = section(s)/subsection(s)

    LA = Legislation Act 2003

    Sch = Schedule(s)

    LIA = Legislative Instruments Act 2003

    Sdiv = Subdivision(s)

    (md) = misdescribed amendment can be given

    SLI = Select Legislative Instrument

    effect

    SR = Statutory Rules

    (md not incorp) = misdescribed amendment

    Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

    SubPt = Subpart(s)

    mod = modified/modification

    underlining = whole or part not

    No. = Number(s)

    commenced or to be commenced

    Endnote 3Legislation history

    Number and year

    Registration

    Commencement

    Application, saving and transitional provisions

    233, 2009

    11 Sept 2009 (F2009L03479)

    12 Sept 2009 (r 1.2)

    180, 2010

    30 June 2010 (F2010L01784)

    r 1–3 and Sch 1: 1 July 2010 (r 2(a))

    r 4 and Sch 2: 16 Dec 2010 (r 2 (b))

    126, 2011

    30 June 2011 (F2011L01373)

    1 July 2011 (r 2)

    302, 2012

    11 Dec 2012 (F2012L02420)

    1 Jan 2013 (s 2)

    101, 2014

    28 June 2014 (F2014L00867)

    Sch 2: 1 Jan 2015 (s 2 (item 3))

    Remainder: 1 July 2014 (s 2 items 1, 2)

    Name

    Registration

    Commencement

    Application, saving and transitional provisions

    National Measurement Legislation Amendment (Fees) Regulations 2019

    28 June 2019 (F2019L00917)

    Sch 1 (items 5–14): 1 July 2019 (s 2(1) item 1)

    Statute Law Amendment (Prescribed Forms) Regulations 2024

    15 Mar 2024 (F2024L00294)

    Sch 1 (items 51–55): 20 Mar 2024 (s 2(1) item 1)

    Endnote 4Amendment history

    Provision affected

    How affected

    Part 1

    r 1.2...........................................

    rep LA s 48D

    r 1.3...........................................

    rep No 101, 2014

    r 1.4...........................................

    am No 180, 2010; No 126, 2011; No 101, 2014; F2019L00917

    r 1.6...........................................

    ad No 180, 2010

    Part 2

    Division 2.1

    r 2.11.........................................

    rs No 126, 2011

    Division 2.2

    r 2.29.........................................

    rs No 126, 2011

    r 2.36A......................................

    ad No 180, 2010

    r 2.36B.......................................

    ad No 180, 2010

    Division 2.3

    r 2.38.........................................

    am No 180, 2010; No 101, 2014

    Division 2.4

    r 2.41.........................................

    rs F2019L00917

    r 2.41A......................................

    ad F2019L00917

    r 2.41B.......................................

    ad F2019L00917

    r 2.41C.......................................

    ad F2019L00917

    r 2.42.........................................

    am No 180, 2010

    r 2.43.........................................

    am No 101, 2014

    r 2.44.........................................

    rs F2019L00917

    r 2.45.........................................

    rs F2019L00917

    r 2.46.........................................

    rs F2019L00917

    r 2.47.........................................

    ad No 180, 2010

    am No 126, 2011

    rs No 101, 2014

    r 2.47A......................................

    ad No 101, 2014

    am F2019L00917

    r 2.48.........................................

    ad No 180, 2010

    Part 3

    Division 3.1

    r 3.4...........................................

    am No 126, 2011; No 101, 2014

    r 3.7...........................................

    am No 126, 2011; No 101, 2014

    r 3.11.........................................

    am No 126, 2011

    Division 3.2

    r 3.12.........................................

    am No 180, 2010

    rs F2019L00917

    r 3.13.........................................

    rs F2019L00917

    r 3.14.........................................

    rs F2019L00917

    r 3.15.........................................

    rs F2019L00917

    r 3.16.........................................

    rs F2019L00917

    r 3.25.........................................

    am No 180, 2010

    r 3.27.........................................

    am No 180, 2010

    r 3.38.........................................

    am No 180, 2010

    r 3.40.........................................

    am No 180, 2010

    r 3.41.........................................

    am No 101, 2014

    r 3.56.........................................

    am No 180, 2010

    r 3.58.........................................

    am No 180, 2010

    r 3.61A......................................

    ad No 180, 2010

    r 3.62.........................................

    am No 126, 2011; No 101, 2014

    Part 4

    Division 4.1

    r 4.1...........................................

    rep No 101, 2014

    r 4.1 (prev r 4.2)..........................

    am No 101, 2014

    r 4.2...........................................

    renum No 101, 2014

    Division 4.2

    r 4.6...........................................

    am No 180, 2010; No 101, 2014

    Division 4.3

    r 4.7...........................................

    am No 101, 2014

    r 4.8...........................................

    am No 180, 2010

    Division 4.4

    Subdivision 1

    r 4.9...........................................

    am No 101, 2014

    r 4.10.........................................

    am No 101, 2014

    r 4.13.........................................

    rs No 101, 2014

    r 4.16A......................................

    ad No 180, 2010

    Subdivision 3

    r 4.23.........................................

    am No 101, 2014

    Division 4.5

    Division 4.5 heading....................

    rs No 180, 2010

    r 4.28.........................................

    am No 101, 2014

    r 4.29A......................................

    ad No 180, 2010

    Division 4.6

    r 4.30.........................................

    rep No 101, 2014

    Division 4.7

    r 4.33.........................................

    am No 180, 2010

    rep No 101, 2014

    r. 4.35........................................

    am. 2010 No. 180

    rep. 2010 No. 180

    r. 4.36........................................

    rs. 2010 No. 180

    r. 4.39........................................

    rep. 2010 No. 180

    r. 4.40........................................

    am. 2010 No. 180

    rep. 2010 No. 180

    r. 4.41........................................

    rep. 2010 No. 180

    r. 4.45........................................

    rep. 2010 No. 180

    Part 5

    r 5.2...........................................

    am No 180, 2010; No 101, 2014

    ed C7

    r 5.4...........................................

    am No 101, 2014

    r 5.5...........................................

    rs F2019L00917

    r 5.6...........................................

    ad No 126, 2011

    am No 302, 2012; No 101, 2014

    Part 6

    Part 6.........................................

    ad. 2010 No. 180

    r. 6.1..........................................

    ad. 2010 No. 180

    rs. 2010 No. 180; No 101, 2014

    r 6.2...........................................

    ad No 180, 2010

    am F2024L00294

    Schedule 1

    Schedule 1..................................

    am No 180, 2010; No 126, 2011; No 302, 2012

    Schedule 2

    Schedule 2..................................

    am No 180, 2010; No 126, 2011; No 302, 2012

    Schedule 4

    Schedule 4..................................

    am No 101, 2014

    Schedule 5

    Schedule 5 heading......................

    rs No 101, 2014

    Schedule 5..................................

    am No 101, 2014

    Schedule 6

    Schedule 6 heading......................

    rs No 101, 2014

    Schedule 6..................................

    am No 101, 2014

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