Trade Measurement (Miscellaneous) Regulations 1993 (SA)

South Australia

Trade Measurement (Miscellaneous) Regulations 1993

under the Trade Measurement Act 1993

Contents

1Short title and commencement

2Definition of the Act

3Beer, spirits to be sold by volume

4Offer etc for sale by reference to measurement

5Regulation of sale of fuel by reference to measurement by volume

Legislative history

1—Short title and commencement

(1)These regulations may be cited as the Trade Measurement (Miscellaneous) Regulations 1993.

(2)These regulations will come into operation on 1 October 1993.

2—Definition of the Act

In these regulations—

the Act means the Trade Measurement Act 1993.

3—Beer, spirits to be sold by volume

(1)Beer, stout, ale, brandy (including cognac and armagnac), gin, rum, vodka and whisky (whiskey) are prescribed as articles to which section 26 of the Act applies.

(2)Pursuant to that section, a sale of a quantity of such an article is required to be at a price determined by reference to the volume of the quantity.

4—Offer etc for sale by reference to measurement

(1)This regulation does not apply to—

(a)pre-packed articles; or

(b)the articles described in regulation 3; or

(c)diamonds or other precious stones.

(2)A person who advertises, offers or exposes an article for sale at a price determined by reference to measurement (being mass, volume, linear measurement or superficial measurement) is guilty of an offence unless the measurement is—

(a)in the case of mass—

(i)1 kilogram; or

(ii)1 kilogram, with another reference to an integral number of kilograms; or

(iii)an integral number of tonnes; or

(iv)if the article is a precious metal—1 gram or 1 troy ounce; or

(b)in the case of volume—

(i)1 litre; or

(ii)1 litre, with another reference to an integral number of litres; or

(iii)an integral number of cubic metres; or

(c)in the case of linear measurement—

(i)1 centimetre; or

(ii)1 metre; or

(iii)1 metre, with another reference to an integral number of metres; or

(d)in the case of superficial measurement—

(i)1 square centimetre; or

(ii)1 square metre; or

(iii)1 square metre, with another reference to an integral number of square metres,

or is a measurement authorised by subregulation (3).

Penalty: $2 000

Expiation fee: $104.

(3)The length, width, thickness, diameter or other linear measurement of an article specified in the Table may be advertised, offered or exposed for sale by the millimetre, centimetre or metre.

Table

Carpets

Ceramic tiles

Chain

Cord

Cordage

Electrical cable

Electrical flex

Fabrics

Floor coverings

Hardboard

Particle board

Plastic mouldings

Plywood

Resin laminates

Rope

Rubber material

Rubber mouldings

Sheet glass

Textiles

Textile products (other than ready-made clothing)

Veneers

Timber

Wire netting

5—Regulation of sale of fuel by reference to measurement by volume

(1)A person must not sell fuel by reference to the measurement of its volume unless the sale is at a price determined by reference to the volume of the fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15°C.

Maximum penalty: $2 000.

(2)However, subregulation (1) does not apply to any of the following sales of fuel:

(a)a retail sale;

(b)a wholesale sale if—

(i)the wholesale sale happens immediately before, or at the same time as, a retail sale of the fuel; and

(ii)the volume of the fuel, as measured for the wholesale sale, is the same as the volume of the fuel as measured for the retail sale;

(c)a wholesale sale if—

(i)before the wholesale sale the fuel—

(A)was moved, in any way, from a primary storage facility to a fixed storage facility at another location; and

(B)was unloaded into the fixed storage facility for further distribution or for further sale and distribution; and

(ii)for the movement, the fuel was measured by reference to the volume of the fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15°C;

(d)a wholesale sale (the relevant sale) if—

(i)the relevant sale happens immediately before or after, or at the same time as, another wholesale sale of the fuel; and

(ii)before the relevant sale the fuel—

(A)was moved, in any way, from a primary storage facility to a fixed storage facility at another location; and

(B)was unloaded into the fixed storage facility for further distribution or for further sale and distribution;

(e)a wholesale sale if—

(i)before the wholesale sale the fuel—

(A)was moved, in any way, from a primary storage facility to a fixed storage facility at another location; and

(B)was unloaded into the fixed storage facility for further distribution or for further sale and distribution; and

(ii)after the fuel was at the primary storage facility but before the wholesale sale, the fuel was not the subject of another sale.

(3)In this regulation—

business entity means an entity that operates a business, other than a fuel business;

cooperative entity includes an entity that is a buying group for its members;

diesel fuel means any fuel commonly known as diesel, diesel oil, distillate, automotive diesel fuel, automotive diesel oil or automotive distillate;

fixed storage facility means a facility, other than a primary storage facility, at which fuel is unloaded and from which fuel is reloaded for further distribution or further sale and distribution;

fuel means petrol, or diesel fuel, that a person would reasonably consider is ultimately intended for automotive consumption;

primary storage facility means—

(a)an oil refinery; or

(b)a shipping facility; or

(c)a facility connected by product transfer pipeline to an oil refinery or to a shipping facility; or

(d)a facility connected by product transfer pipeline to a facility mentioned in paragraph (c);

retail sale, of fuel, means a sale to any of the following:

(a)an entity that purchases the fuel only for its own consumption;

(b)a business entity that purchases the fuel only for one or both of the following purposes:

(i)for its own consumption;

(ii)for resale to its staff or contractors for consumption by the purchasing staff or contractors;

(c)a cooperative entity that purchases the fuel only for resale to its members for consumption by the purchasing members;

shipping facility means a facility where fuel may be supplied by ship.

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Trade Measurement (Miscellaneous) Regulations 1993 were revoked by Sch 1 of the Trade Measurement (Miscellaneous) Regulations 2008 on 1.9.2008.

Principal regulations and variations

Year	No	Reference	Commencement
1993	214	Gazette 30.9.1993 p1387	1.10.1993: r 1(2)
1996	259	Gazette 23.12.1996 p2262	3.2.1997: r 2
2002	223	Gazette 28.11.2002 p4363	1.12.2002: r 2
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2

Provisions varied

Provision	How varied	Commencement
r 4
r 4(2)	varied by 259/1996 r 3 (Sch cl 29)	3.2.1997
r 4(3)	varied by 147/2003 Sch 1	12.6.2003
table relocated to r 4(3) by 147/2003 Sch 1	12.6.2003
r 5	inserted by 223/2002 r 3	1.12.2002
table—see r 4(3)

Transitional etc provisions associated with regulations or variations

No 259 of 1996

4—Transitional provision

A regulation varied or revoked by these regulations will continue to apply (as in force immediately prior to the variation or revocation coming into operation) to an expiation notice issued under the varied or revoked regulations.