Trade Measurement Administration Regulation 2002 (NSW)
This Regulation is the Trade Measurement Administration Regulation 2002.
This Regulation commences on 1 September 2002.
This Regulation replaces the Trade Measurement Administration Regulation 1997 which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989.
In this Regulation:
Notes included in this Regulation do not form part of this Regulation.
A servicing licensee must prepare a return for each 3 month period as to the number and nature of measuring instruments certified by the licensee in that period for which a charge is payable by the servicing licensee under clause 7.
Every such return is to be in a form approved by the administering authority and is to be sent to the administering authority within 21 days of the end of the period to which the return relates.
A servicing licensee must prepare and send a return for a period even if the servicing licensee did not certify any measuring instruments in that period.
Maximum penalty: 20 penalty units.
For the purposes of section 10 of the Act, the appropriate charge payable to the administering authority by the owner of a measuring instrument when an inspector verifies or re-verifies the instrument is:
(a) in respect of a matter specified in Column 1 of Schedule 1, an amount of money equal to the amount obtained by multiplying $35 by the number specified in Column 2 of that Schedule opposite that matter, or
(b) if 2 or more of those matters relate to the verification or re-verification, an amount of money equal to the sum of the amounts so obtained.
A servicing licensee is to pay to the administering authority a charge in respect of the certification of a measuring instrument by the servicing licensee under the Principal Act.
The charge is:
(a) in respect of a matter specified in Column 1 of Schedule 1, an amount of money equal to the amount obtained by multiplying $15 by the number specified in Column 2 of that Schedule opposite that matter, or
(b) if 2 or more of those matters relate to the certification, an amount of money equal to the sum of the amounts so obtained.
A charge is not payable in respect of a second or subsequent certification of a measuring instrument in the same calendar year.
A charge payable in respect of a measuring instrument is to be sent to the administering authority with the return under clause 5 in which the certification of the instrument by the servicing licensee is declared.
The fees specified in Column 2 of Part 1 of Schedule 2 are payable to the Director-General in relation to the matters specified in Column 1 of that Part.
The charges referred to in subclause (3) are payable to the Superintendent in relation to the matters specified in Column 1 of Part 2 of Schedule 2 and are payable by the owner (within the meaning of section 10 of the Act) of the measuring instrument concerned.
The appropriate charge payable to the Superintendent is, in respect of a matter specified in Column 1 of Part 2 of Schedule 2, an amount of money equal to the amount obtained by multiplying $38 by the number specified in Column 2 of that Part opposite that matter.
The Superintendent may reduce, waive or defer payment of a charge payable under section 10 or 11 of the Act if of the opinion that the reduction, waiver or deferral is necessary or desirable for the purpose of alleviating hardship.
For the purposes of section 23 of the Act:
(a) an offence created by a provision specified in Column 1 of Schedule 3 is a prescribed offence, and
(b) the number of penalty units specified in Column 2 of Schedule 3 in respect of such an offence is the prescribed amount of penalty for the offence.
Any act, matter or thing that, immediately before the repeal of the Trade Measurement Administration Regulation 1997, had effect under that Regulation continues to have effect under this Regulation.
(Clauses 6, 7)
Column 1 | Column 2 |
Matter | Number used to calculate charge |
Weighing instruments (not elsewhere covered) with a capacity: | |
not exceeding 30 kg (including a set of masses necessary to use the instrument, with no more than 20 masses per set)—for each | 2 |
exceeding 30 kg not exceeding 300 kg—for each | 3 |
exceeding 300 kg not exceeding 3 tonne—for each | 5 |
exceeding 3 tonne not exceeding 15 tonne—for each | 10 |
exceeding 15 tonne not exceeding 45 tonne—for each | 15 |
exceeding 45 tonne not exceeding 90 tonne—for each | 20 |
exceeding 90 tonne—for each | 30 |
Wheel load weighing instrument—for each | 2 |
Totalising belt conveyer weigher—for each | 30 |
in the case of a verification or re-verification, plus time in excess of 3 hours necessarily spent in testing, for each inspector per quarter hour or part thereof | 1 |
Train weighing-in-motion weighing instrument—for each | 30 |
in the case of a verification or re-verification, plus time in excess of 3 hours necessarily spent in testing, for each inspector per quarter hour or part thereof | 1 |
Pre-packing weighing-in-motion weigher—for each | 10 |
Masses (when not associated with a particular weighing instrument)—for each | 0.2 |
Measures of capacity (excluding lubricating oil measures that are submitted for verification or re-verification or certified in batches)—for each | 0.2 |
Lubricating oil measures (submitted for verification or re-verification or certified in batches): | |
per 100 or part thereof | 2 |
Maximum fee per batch for certification | 50 |
Lubricating oil measures (certified other than in batches)—for each | 0.001 |
Liquor beverage measures and spirit measures (submitted for verification or re-verification or certified in batches): | |
per 1 000 or part thereof | 2 |
Maximum fee per batch for certification | 50 |
Liquor beverage measures and spirit measures (certified other than in batches)—for each | 0.001 |
Measures of length: | |
Rigid—for each | 0.2 |
Flexible—for each | 1 |
Flowmeters—for each meter with a flowrate: | |
not exceeding 100 litres/min | 3 |
exceeding 100 litres/min not exceeding 1 000 litres/min | 10 |
exceeding 1 000 litres/min | 20 |
Bulk tanks with a capacity: | |
not exceeding 1 000 litres—for each | 5 |
exceeding 1 000 litres not exceeding 10 000 litres—for each | 10 |
exceeding 10 000 litres—for each | 20 |
Volumetric drum filler—for each | 5 |
Liquor dispensers—for each | 0.2 |
Dimensional measuring instruments—for each | 4 |
Measuring instruments not elsewhere covered—for each | 2 |
An additional charge payable in respect of the verification, re-verification or certification of a measuring instrument approved by the National Standards Commission, for each interactive device (that is, console, card reader or note acceptor) so approved that is attached to the instrument and is not a measuring instrument | 3 |
The numbers in Column 2 are used to calculate the amounts of charges referred to in clauses 7 and 8.
(Clause 8)
Column 1 | Column 2 |
Fee to accompany application for servicing licence | $67 |
Fee to accompany application for public weighbridge licence | $67 |
Periodic licence fee for servicing licence | $280 per annum for each place at which the servicing licensee carries on business |
Periodic licence fee for public weighbridge licence | $208 per annum for each place at which the public weighbridge licensee carries on business |
Fee for issue of certificate of suitability | $67 |
Fee for amended licence or certificate of suitability | $63 |
Fee for duplicate licence or certificate of suitability | $30 |
Column 1 | Column 2 |
Matter | Number used to calculate charge |
Charge on request for service for each visit to premises, of an inspector with a view to verification or re-verification of measuring instruments at the owner’s premises, where the visit is requested by the owner of the instrument (within the meaning of section 10 of the Act) and:
| 4 |
Charge for the keeping of an appointment to examine or test a measuring instrument, where examination or testing is unable to be carried out because the measuring instrument is unavailable or inaccessible or access to it is unreasonably refused: | |
| 4 |
| 10 |
Charge, per kilometre travelled by the Weighbridge Test Unit made available by the Superintendent, for the keeping of an appointment to examine or test a measuring instrument, where examination or testing is unable to be carried out because the measuring instrument is unavailable or inaccessible or access to it is unreasonably refused | 0.083 |
Charge, per quarter hour or part of a quarter hour, payable on keeping of appointment to examine or test a measuring instrument for time spent waiting before the measuring instrument is made available or access to it is allowed: | |
| 1 |
| 1 |
Charge payable to reimburse costs in connection with examination or testing of a measuring instrument with a view to verification or re-verification but where measuring instrument does not comply with requirements for verification or re-verification | The charge that would be payable under Schedule 1 for the verification or re-verification of the measuring instrument |
Charge payable, per quarter hour or part of a quarter hour that each inspector necessarily spends examining and testing the instrument or instruments, to reimburse costs in connection with examination or testing of a measuring instrument: | |
| 1 |
| |
| 1 |
| 1 |
| 1 |
| 1 |
Charge payable to reimburse costs in connection with examination or testing of a measuring instrument: in the case of examination and testing of an instrument under section 15 (4) of the Principal Act, at the request of the person in possession of the measuring instrument: | |
| 2 |
| 2 |
Charge payable, per quarter hour or part of a quarter hour, for the use of labour necessary for the exercise of an inspector’s functions and not provided for by any of the preceding items | 1 |
Charge payable for first two hours of testing for use of the Weighbridge Test Unit provided by the Superintendent. | 10 |
Charge payable, per quarter hour, for hours of testing in excess of 2 hours, for use of the Weighbridge Test Unit provided by the Superintendent. | 1 |
Charge payable, per kilometre travelled in excess of 100 kilometres, for use of the Weighbridge Test Unit provided by the Superintendent where such visit has been requested by the owner, user or other person | 0.083 |
Charges payable, for the use of masses provided by the Superintendent | 2 |
Charges payable, for the use of any other equipment provided by the Superintendent | 2 |
Charges payable, for the first hour or part of the first hour, for the provision of technical advice by an inspector relating to the use or installation of measuring instruments, the testing of any package, or the examination of any document in relation to the administration of the Act, the Principal Act or the regulations | 4 |
Charges payable, per quarter hour or part of a quarter hour in excess of 1 hour, for the provision of technical advice by an inspector relating to the use or installation of measuring instruments, the testing of any package, or the examination of any document in relation to the administration of the Act, the Principal Act or the regulations | 1 |
The numbers in Column 2 of Part 2 are used to calculate the amounts of fees referred to in clause 8 (3).
(Clause 10)
Column 1 | Column 2 |
Offence | Penalty Units |
Section 7 (1) | 2 |
Section 7 (2) | 3 |
Section 7A | 2 |
Section 7B | 2 |
Section 8 (1) | 5 |
Section 8 (2) | 5 |
Section 8 (3) | 5 |
Section 16 (4) | 2 |
Section 18 (2) | 5 |
Section 20 (1) | 5 |
Section 21 | 5 |
Section 22 (3) | 2 |
Section 23 | 5 |
Section 25 (1) | 2 |
Section 26 (2) | 2 |
Section 28 (1) | 3 |
Section 28 (2) | 3 |
Section 42 (1) | 5 |
Section 42 (2) | 5 |
Section 43 (1) | 5 |
Clause 18 | 0.5 |
Clause 24 (1) | 1 |
Clause 24 (3) | 1 |
Clause 24 (4) | 1 |
Clause 24 (5) | 1 |
Clause 28 | 1 |
Clause 29 (1) | 1 |
Clause 50 (1) | 1 |
Clause 50 (2) | 1 |
Clause 50 (3) | 1 |
Clause 50 (4) | 1 |
Clause 50 (5) | 1 |
Clause 50 (6) | 1 |
Clause 50 (7) | 1 |
Clause 50 (8) | 1 |
Clause 50 (9) | 1 |
Clause 50 (10) | 1 |
Clause 51 | 1 |
Clause 52 | 1 |
Clause 53 | 1 |
Clause 54 | 1 |
Clause 55 | 1 |
Clause 91 (2) | 1 |
Clause 5 | 1 |
0
0
0