Trade Measurement Administration (Charges) Amendment Act 1991 (NSW)

TRADE MEASUREMENT ADMINISTRATION (CHARGES)

AMENDMENT ACT 1991 No. 51

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2. Commencement

3. Amendment of Trade Measurement Administration Act 1989 No. 234

SCHEDULE l—AMENDMENTS

TRADE MEASUREMENT ADMINISTRATION (CHARGES)

AMENDMENT ACT 1991 No. 51

NEW SOUTH WALES

Act No. 51, 1991

An Act to amend the Trade Measurement Administration Act 1989 to make further provision with respect to the charges payable under that Act. [Assented to 11 December 1991]

Trade Measurement Administration (Charges) Amendment 1991

The Legislature of New South Wales enacts:

Short title

1.        This Act may be cited as the Trade Measurement Administration

(Charges) Amendment Act 1991.

Commencement

2. This Act commences on a day to be appointed by proclamation.

Amendment of Trade Measurement Administration Act 1989 No. 234

3. The Trade Measurement Administration Act 1989 is amended as set

out in Schedule 1.

SCHEDULE l—AMENDMENTS

(Sec. 3)

(1) Section 10 (Charge payable in respect of verification or

re-verification by inspector):

From section 10 (l), omit “as specified in Schedule l”, insert instead “as prescribed by the regulations”.

(2) Sections 11, 12:

Omit the sections, insert instead:

Charges payable by licensee in respect of certification

11. (1) The regulations may make provision for or with respect to requiring a licensee to pay a charge to the administering authority when the licensee certifies a measuring instrument under the Principal Act.

(2) It is a condition of a licensee's licence that the licensee pay any charge payable by the licensee under the regulations made for the purposes of this section,

(3) The charges authorised to be imposed under this

section are for the purpose of meeting the costs of administering this Act and the Principal Act and are in addition to any other fee or charge that a licensee is required to pay by or under this Act or the Principal Act.

Regulations prescribing charges

12. (1) For the purpose of the prescription of charges under

sections 10 and 11 (and without limiting those sections), the

Act No. 51

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Trade Measurement Administration (Charges) Amendment 1991

SCHEDULE 1—AMENDMENTS—continued

regulations may make provision for or with respect to any of

the following:

(a)	prescribing different charges for different types or classes of measuring instruments;
(b)	prescribing different charges depending on the nature and circumstances of verification, re-verification or certification;
(c)	prescribing the periods for which and the times by which the charges must be paid;

(d) requiring the submission by the persons liable to pay

charges of returns as to the number and nature of measuring instruments verified, re-verified or certified during a specified period;

(e)	requiring any such return to be verified by statutory declaration;
(f)	providing for the reduction of, waiver of or exemption from payment of the prescribed charges in specified circumstances.

(2) Regulations made for the purposes of section 11 need not require the payment of a charge for each and every certification of a measuring instrument and may, for example, provide that no charge, or a reduced charge, is payable in respspect of any subsequent certification of the same measuring

instrument strument during a specified period.

(3) For the purposes of sections 10 and 11 (and the regulations under those sections), the marking of a measuring instrument with an inspector's mark or a licensee's mark pursuant to the provisions of the regulations under the Principal Act concerning batch testing is to be regarded as constituting the verification or certification, as appropriate, of the instrument concerned.

(3) Section 14 (Recovery of unpaid fees and charges):

After “under this Part”, insert “(or the regulations under this

Part)”.

Trade Measurement Administration (Charges) Amendment 1991

SCHEDULE 1—AMENDMENTS—continued

(4) Schedule 1 (Charges):

Omit the Schedule.

[Minister's second reading speech made in­

Legislative Assembly on 2 July 1991

Legislative Council on 3 December 1991]