Trade Measurement Legislation Repeal Act 2009 (Qld)

Queensland Trade Measurement Legislation Repeal Act 2009 Reprinted as in force on 19 November 2009 Warning—this document has been released in unauthorised electronic form only Reprint No. 0A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 19 November 2009. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to omit the enacting words (s 42A). This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Trade Measurement Legislation Repeal Act 2009 Contents Part 1 1 2 3 4 5 Part 2 6 Part 3 7 8 9 10 11 12 13 14 15 Part 4 16 17 Part 5 18 Schedule Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Words have meanings given by repealed Acts. . . . . . . . . . . . . . . 4 ActsInterpretationAct, s 20 not limited . . . . . . . . . . . . . . . . . . . . 4 Repeals Repeal of TradeMeasurementAct1990 and TradeMeasurement Administration Act 1990 . . . . . . . . . . . . . . . . . . . . 5 Transitional provisions Application of repealed Acts to continuing matters . . . . . . . . . . . 5 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Infringement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Disciplinary actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Seized measuring instruments and other things . . . . . . . . . . . . . 8 Unpaid fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Disclosure of information about continuing matters . . . . . . . . . . . 9 Reference to a repealed Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Miscellaneous Transfer of registers and other information. . . . . . . . . . . . . . . . . . 9 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Acts and subordinate legislation Amendment of Acts and subordinate legislation . . . . . . . . . . . . . 10 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 11 AgriculturalStandardsAct1994. . . . . . . . . . . . . . . . . . . . . . . . . . 11

Trade Measurement Legislation Repeal Act 2009 Contents Agricultural Standards Regulation 1997. . . . . . . . . . . . . . . . . . . . Fair Trading Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fisheries (Coral Reef Fin Fish) Management Plan 2003 . . . . . . . Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . StatePenaltiesEnforcementAct1999 . . . . . . . . . . . . . . . . . . . . . StatePenaltiesEnforcementRegulation2000 . . . . . . . . . . . . . . . StatutoryInstrumentsAct1992 . . . . . . . . . . . . . . . . . . . . . . . . . . StatutoryInstrumentsRegulation2002 . . . . . . . . . . . . . . . . . . . . TransportOperations(RoadUseManagement)Act1995 . . . . . . TransportOperations(RoadUseManagement—Mass,Dimensions and Loading) Regulation 2005 . . . . . . . . . . . . . . . . . 11 12 12 12 13 13 13 14 14 14 15 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16 16 17 17 Page 2

Trade Measurement Legislation Repeal Act 2009 Part 1 Preliminary [s 1] Trade Measurement Legislation Repeal Act 2009 [reprinted as in force on 19 November 2009] A n Act to repeal the Trade Measurement Act 1990 and the TradeMeasurement Administration Act 1990 and to make particular consequential amendments to other legislation Editor’s note — This Act (other than sections 1–2 and 16) had not commenced on or before the reprint date. Part 1 Preliminary 1 Short title This Act may be cited as the Trade Measurement Legislation Repeal Act 2009 . 2 Commencement This Act, other than section 16, commences on a day to be fixed by proclamation. 3 Definitions In this Act— commencement means the commencement of this Act. Commonwealth law means the National Measurement Act 1960 (Cwlth). continuing matter means— Reprint 0A effective 19 November 2009 Page 3

Trade Measurement Legislation Repeal Act 2009 Part 1 Preliminary [s 4] (a) proceedings mentioned in section 8; or (b) an infringement notice offence mentioned in section 9; or (c) a disciplinary action mentioned in section 10; or (d) a review mentioned in section 11; or (e) a seized measuring instrument, record, article or other thing mentioned in section 12; or (f) an unpaid fee mentioned in section 13; or (g) anything done or not done under the repealed Acts in relation to a matter mentioned in paragraph (a), (b), (c), (d), (e) or (f). information includes document. National Measurement Institute means the National Measurement Institute established under the Commonwealth law, section 17. repealed Acts means the repealed TMA and the repealed TMAA. repealed TMA means the Trade Measurement Act 1990 as in force from time to time before its repeal. repealed TMAA means the TradeMeasurementAdministration Act 1990 as in force from time to time before its repeal. 4 Words have meanings given by repealed Acts Words defined under the repealed Acts and used in this Act have the same meanings in this Act as they had under the repealed Acts. 5 Acts Interpretation Act, s 20 not limited This Act does not limit, and is not limited by, the ActsInterpretation Act 1954, section 20. Page 4 Reprint 0A effective 19 November 2009

Part 2 Trade Measurement Legislation Repeal Act 2009 Part 2 Repeals [s 6] Repeals 6 Repeal of Trade Measurement Act 1990 and TradeMeasurement Administration Act 1990 The following Acts are repealed— • Trade Measurement Act 1990, No. 68 • Trade Measurement Administration Act 1990, No. 70. Part 3 Transitional provisions 7 Application of repealed Acts to continuing matters (1) For the purpose of the administration and enforcement of the repealed Acts in relation to continuing matters, the repealed Acts and the legislation mentioned in part 5 continue to apply as if this Act had not commenced. (2) Without limiting subsection (1)— (a) a chief inspector of trade measurement or a staff member may be employed under the repealed TMAA, section 5(1); and (b) the employment of a chief inspector of trade measurement or a staff member under the repealed TMAA, section 5(1), in force immediately before the commencement, continues in force from the commencement until it ends; and (c) the chief inspector may authorise a person to take proceedings for offences as mentioned in the repealed TMAA, section 13(1); and (d) an authorisation under the repealed TMAA, section 13(1), in force immediately before the commencement, continues in force from the commencement until it ends; and Reprint 0A effective 19 November 2009 Page 5

Trade Measurement Legislation Repeal Act 2009 Part 3 Transitional provisions [s 8] (e) the chief inspector may delegate the chief inspector’s powers as mentioned in the repealed TMAA, section 21; and (f) a delegation under the repealed TMAA, section 21, in force immediately before the commencement, continues in force from the commencement until it ends. (3) In this section— staff member means a person, other than a chief inspector of trade measurement, mentioned in the repealed TMAA, section 5(1). 8 Offences (1) This section applies if a person is alleged to have committed an offence against either of the repealed Acts before the commencement. (2) Despite the CriminalCode, section 11, proceedings for the offence may be started or continued, and the court may hear and decide the proceedings, as if this Act had not commenced. 9 Infringement notices (1) This section applies if— (a) a person is alleged to have committed an infringement notice offence before the commencement; and (b) at the commencement, an infringement notice for the offence had not been served on the person. (2) Despite the Criminal Code, section 11, an infringement notice for the offence may be served on the person and the StatePenalties Enforcement Act 1999 applies as if this Act had not commenced. (3) In this section— infringement notice means an infringement notice under the State Penalties Enforcement Act 1999, section 15. Page 6 Reprint 0A effective 19 November 2009

Trade Measurement Legislation Repeal Act 2009 Part 3 Transitional provisions [s 10] infringement notice offence means an offence mentioned in the State Penalties Enforcement Regulation 2000, schedule 1, as in force before the commencement, entry for TradeMeasurementAct1990, TradeMeasurement(MeasuringInstruments)Regulation1991, TradeMeasurement(Miscellaneous)Regulation1991 or TradeMeasurement(Weighbridges) Regulation 1991. 10 Disciplinary actions (1) This section applies if— (a) the licensing authority had served a written notice on a licensee under the repealed TMA, section 57 before the commencement; and (b) at the commencement, the licensing authority had not taken disciplinary action under the repealed TMA, section 58 against the licensee. (2) The licensing authority may take disciplinary action under the repealed TMA, section 58 against the licensee as if this Act had not commenced. 11 Reviews (1) Subsection (2) applies if— (a) immediately before the commencement a person could have applied to QCAT under the repealed TMA, section 59 for the review of a decision of the licensing authority; and (b) the person has not made the application before the commencement. (2) The person may apply to QCAT for the review, and QCAT may review the decision under the repealed TMA, as if this Act had not commenced. (3) Subsection (4) applies if— Reprint 0A effective 19 November 2009 Page 7

Trade Measurement Legislation Repeal Act 2009 Part 3 Transitional provisions [s 12] (a) a person has applied to QCAT under the repealed TMA, section 59 before the commencement for the review of a decision of the licensing authority; and (b) the review has not been finally decided before the commencement. (4) QCAT may review, or continue to review, the decision under the repealed TMA as if this Act had not commenced. 12 Seized measuring instruments and other things (1) This section applies if, before the commencement, an inspector seized— (a) a measuring instrument, or records concerning a measuring instrument or its use, under the repealed TMA, section 61(1); or (b) an article or other thing under the repealed TMA, section 62(2). (2) The inspector may retain, return, or dispose of the instrument, records, article or other thing under the repealed TMA as if this Act had not commenced. (3) Subsection (2) is subject to section 14(3). 13 Unpaid fees (1) This section applies if, immediately before the commencement, a fee payable under either of the repealed Acts has not been paid within the period prescribed under either of the repealed Acts for payment of the fee. (2) The fee may be recovered by the State as a debt. (3) In this section— fee includes charge or expense. Page 8 Reprint 0A effective 19 November 2009

Trade Measurement Legislation Repeal Act 2009 Part 4 Miscellaneous [s 14] 14 Disclosure of information about continuing matters (1) This section applies to information obtained by the chief inspector about a continuing matter. (2) The chief inspector may disclose the information to the National Measurement Institute for the purpose of the administration or enforcement of the Commonwealth law. (3) If the information relates to a seized thing mentioned in section 12, the chief inspector may allow the National Measurement Institute to inspect the thing for the purpose of the administration or enforcement of the Commonwealth law. (4) This section applies despite any other Act. 15 Reference to a repealed Act A reference in another Act or document to either of the repealed Acts may, if the context permits, be taken as a reference to the Commonwealth law. Part 4 Miscellaneous 16 Transfer of registers and other information (1) This section applies to— (a) the register of the prescribed particulars relating to licences mentioned in the Trade Measurement Act 1990 , section 47; and (b) information obtained by the chief inspector as the administering authority or licensing authority. (2) The chief inspector may transfer the register and the information to the National Measurement Institute for the purpose of the administration or enforcement of the Commonwealth law. (3) This section applies despite any other Act. Reprint 0A effective 19 November 2009 Page 9

Trade Measurement Legislation Repeal Act 2009 Part 5 Amendment of Acts and subordinate legislation [s 17] 17 Expiry of Act This Act expires on 1 July 2011. Part 5 Amendment of Acts and subordinate legislation 18 Amendment of Acts and subordinate legislation The schedule amends the Acts and subordinate legislation mentioned in it. Page 10 Reprint 0A effective 19 November 2009

Schedule Trade Measurement Legislation Repeal Act 2009 Schedule Consequential amendments section 18 Agricultural Standards Act 1994 1 After part 8— insert— ‘Part 9 Transitional provision for Trade Measurement Legislation Repeal Act 2009 ‘75 Amendment of regulation by Trade Measurement Legislation Repeal Act 2009 does not affect powers of Governor in Council ‘The amendment of the Agricultural Standards Regulation 1997 by the Trade Measurement Legislation Repeal Act 2009 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. Agricultural Standards Regulation 1997 1 Section 49, second footnote, ‘Trade Measurement Act 1990’— omit, insert— ‘National Measurement Act 1960 (Cwlth)’. Reprint 0A effective 19 November 2009 Page 11

Trade Measurement Legislation Repeal Act 2009 Schedule Fair Trading Act 1989 1 Section 5, definition inspector, paragraph (c)— omit. Fisheries Act 1994 1 Part 12— insert— ‘Division 7 Transitional provision for Trade Measurement Legislation Repeal Act 2009 ‘258 Amendment of fisheries management plan by Trade Measurement Legislation Repeal Act 2009 does not affect powers of chief executive or Governor in Council ‘The amendment of the Fisheries (Coral Reef Fin Fish) Management Plan 2003 by the Trade Measurement Legislation Repeal Act 2009 does not affect— (a) the power of the chief executive to further amend the management plan or to repeal it; or (b) the power of the Governor in Council to approve a matter mentioned in paragraph (a).’. Fisheries (Coral Reef Fin Fish) Management Plan 2003 1 Section 121(3), ‘Trade Measurement Act 1990’— omit, insert— ‘National Measurement Act 1960 (Cwlth)’. Page 12 Reprint 0A effective 19 November 2009

Trade Measurement Legislation Repeal Act 2009 Schedule Petroleum and Gas (Production and Safety) Act 2004 1 Section 630— omit. State Penalties Enforcement Act 1999 1 Part 10— insert— ‘Division 4 Transitional provision for Trade Measurement Legislation Repeal Act 2009 ‘180 Amendment of regulation by Trade Measurement Legislation Repeal Act 2009 does not affect powers of Governor in Council ‘The amendment of the StatePenaltiesEnforcementRegulation2000 by the Trade Measurement Legislation Repeal Act 2009 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. State Penalties Enforcement Regulation 2000 1 Schedule 1, entries for Trade Measurement Act 1990, Trade Measurement (Measuring Instruments) Regulation1991, Trade Measurement (Miscellaneous) Regulation1991 and Trade Measurement (Weighbridges) Regulation1991— omit. Reprint 0A effective 19 November 2009 Page 13

Trade Measurement Legislation Repeal Act 2009 Schedule Statutory Instruments Act 1992 1 Part 10— insert— ‘Division 3 Transitional provision for Trade Measurement Legislation Repeal Act 2009 ‘63 Amendment of regulation by Trade Measurement Legislation Repeal Act 2009 does not affect powers of Governor in Council ‘The amendment of the Statutory Instruments Regulation 2002 by the Trade Measurement Legislation Repeal Act 2009 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. Statutory Instruments Regulation 2002 1 Schedule 3, entries for Trade MeasurementAdministration Regulation 1991, Trade Measurement(Measuring Instruments) Regulation 1991, TradeMeasurement (Miscellaneous) Regulation 1991, TradeMeasurement (Prepacked Articles) Regulation 1991 and Trade Measurement (Weighbridges) Regulation 1991— omit. Transport Operations (Road Use Management) Act 1995 1 Chapter 7— insert— Page 14 Reprint 0A effective 19 November 2009

‘Part 14 Trade Measurement Legislation Repeal Act 2009 Schedule Transitional provision for Trade Measurement Legislation Repeal Act 2009 ‘220 Amendment of regulation by Trade Measurement Legislation Repeal Act 2009 does not affect powers of Governor in Council ‘The amendment of the TransportOperations(RoadUseManagement—Mass,DimensionsandLoading)Regulation2005 by the Trade Measurement Legislation Repeal Act 2009 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 1 Section 20(2), definition servicing licensee, ‘Trade Measurement Act 1990’— omit, insert— ‘National Measurement Act 1960 (Cwlth)’. 2 Section 20(2), definition trade measurement inspector— omit, insert— ‘ trade measurement inspector means a trade measurement inspector under the National Measurement Act 1960 (Cwlth).’. Reprint 0A effective 19 November 2009 Page 15

Trade Measurement Legislation Repeal Act 2009 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Trade Measurement Legislation Repeal Act 2009 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 16 Reprint 0A effective 19 November 2009

Trade Measurement Legislation Repeal Act 2009 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 0A Amendments included none Effective 19 November 2009 Notes ss 1–2, 16 commenced 5 List of legislation Trade Measurement Legislation Repeal Act 2009 No. 50 date of assent 19 November 2009 ss 1–2, 16 commenced on date of assent (see s 2) remaining provisions not yet proclaimed into force (see s 2) exp 1 July 2011 (see 2009 No. 50 s 17) © State of Queensland 2009 Reprint 0A effective 19 November 2009 Page 17