Trade Measurement Administration Regulation 2007 (NSW)

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1Name of Regulation

This Regulation is the Trade Measurement Administration Regulation 2007.

2Definitions(1)

In this Regulation:

servicing licensee means a person holding a servicing licence.

the Act means the Trade Measurement Administration Act 1989.

(2)

Notes included in this Regulation do not form part of this Regulation.

3Returns for certification of measuring instruments(1)

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 5.

(2)

Every such return is to be in a form approved by the Superintendent and is to be submitted to the Superintendent within 21 days after the end of the period to which the return relates.

(3)

A servicing licensee must prepare and submit a return for a period even if the servicing licensee did not certify any measuring instruments in that period.

Maximum penalty: 20 penalty units.

4Charges payable in respect of verification or re-verification by an inspector (section 10 of the Act)

For the purposes of section 10 of the Act, the appropriate charge payable to the Superintendent 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 $38 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.

5Charges payable by servicing licensee in respect of certification (section 11 of the Act)(1)

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.

(2)

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 $17 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.

(3)

A charge is not payable in respect of a second or subsequent certification of a measuring instrument in the same calendar year.

(4)

A charge payable in respect of a measuring instrument is to be sent to the Superintendent with the return under clause 3 in which the certification of the instrument by the servicing licensee is declared.

6Other fees and charges (section 13 of the Act)(1)

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.

(2)

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.

(3)

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 $42 by the number specified in Column 2 of that Part opposite that matter.

7Reduction, waiver and deferral of charges

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.

8Penalty notice offences and penalties

For the purposes of section 23 of the Act:

  • (a)

    each offence created by a provision specified in Column 1 of Schedule 3 is an offence for which a penalty notice may be served, and

  • (b)

    the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule.

9Repeal

The Trade Measurement Administration Regulation 2002 is repealed.

10Savings provision

Any act, matter or thing that, immediately before the repeal of the Trade Measurement Administration Regulation 2002, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Verification and certification charges

(Clauses 4 and 5)

Column 1

Column 2

Matter

Number used to calculate charge

Verification, re-verification or certification of:

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 and 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 and not exceeding 10 000 litres—for each

10

  • •

    exceeding 10 000 litres—for each

20

Volumetric drum fillers—for each

5

Liquor dispensers—for each

0.2

Dimensional measuring instruments—for each

4

Measuring instruments not elsewhere covered—for each

2

Additional charge

An additional charge payable in respect of the verification, re-verification or certification of a measuring instrument approved by the National Measurement Institute, for each interactive device (that is, console, card reader or note acceptor) so approved that is attached to, but does not form part of, the instrument

3

Note—

The numbers in Column 2 are used to calculate the amounts of charges referred to in clauses 4 and 5.

Schedule 2Other fees and charges

(Clause 6)

Part 1Fees payable to Director-General

Column 1

Column 2

Fee to accompany application for servicing licence

$74

Fee to accompany application for public weighbridge licence

$74

Periodic licence fee for servicing licence

$307 per annum for each place at which the servicing licensee carries on business

Periodic licence fee for public weighbridge licence

$228 per annum for each public weighbridge licence

Fee for issue of weighbridge suitability statement

$74

Fee for amended licence or weighbridge suitability statement

$70

Fee for duplicate licence or weighbridge suitability statement

$33

Part 2Charges payable to Superintendent

Column 1

Column 2

Matter

Number used to calculate charge

Verification or re-verification of measuring instruments

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:

  • (a)

    the instruments could, in the opinion of an inspector, reasonably be taken to the office of an inspector for testing, or

  • (b)

    the instruments could not, in the opinion of an inspector, reasonably be taken to the office of an inspector and less than 7 calendar days’ notice of the day of testing has been given to the inspector

4

Waiting time

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:

  • (a)

    in the case of an inspector

4

  • (b)

    in the case of the Weighbridge Test Unit made available by the Superintendent

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:

  • (a)

    in the case of an inspector

1

  • (b)

    in the case of the Weighbridge Test Unit made available by the Superintendent

1

Examination of instruments that do not comply

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

Other instruments

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:

  • (a)

    in the case of a standard of measuring for which a certificate is issued under regulation 13 of the National Measurement Regulations 1999 of the Commonwealth

1

  • (b)

    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:

  • •
    • (i)

      a measure being a pipette, milk or cream flask used in connection with dairy products

1

  • •
    • (ii)

      thermometers

1

  • •
    • (iii)

      dip sticks

1

  • •
    • (iv)

      other

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:

  • •
    • (i)

      each wheel load weighing instrument

2

  • •
    • (ii)

      each chondrometer

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

Use of equipment

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

Advisings

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

Note—

The numbers in Column 2 of Part 2 are used to calculate the amounts of fees referred to in clause 6 (3).

Schedule 3Penalty notice offences

(Clause 8)

Column 1

Column 2

Offence

Penalty

Offences under the Trade Measurement Act 1989

Section 7 (1)

$220

Section 7 (2)

$330

Section 7A

$220

Section 7B

$220

Section 8 (1)

$550

Section 8 (2)

$550

Section 8 (3)

$550

Section 16 (4)

$220

Section 18 (2)

$550

Section 20 (1)

$550

Section 21

$550

Section 22 (3)

$220

Section 23

$550

Section 25 (1)

$220

Section 26 (2)

$220

Section 28 (1)

$330

Section 28 (2)

$330

Section 42 (1)

$550

Section 42 (2)

$550

Section 43 (1)

$550

Offences under the Trade Measurement Regulation 2007

Clause 19 (1)

$110

Clause 19 (2)

$110

Clause 19 (3)

$110

Clause 22 (1)

$110

Clause 22 (2)

$110

Clause 22 (3)

$110

Clause 22 (4)

$110

Clause 23

$110

Clause 27

$110

Clause 28 (1)

$110

Clause 49 (1)

$110

Clause 49 (2)

$110

Clause 49 (3)

$110

Clause 49 (4)

$110

Clause 49 (5)

$110

Clause 49 (6)

$110

Clause 49 (7)

$110

Clause 49 (8)

$110

Clause 49 (9)

$110

Clause 49 (10)

$110

Clause 50

$110

Clause 51

$110

Clause 52

$110

Clause 53

$110

Clause 54

$110

Clause 90 (2)

$110

Offences under this Regulation

Clause 3

$110

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