Trade Measurement (Pre-packed Articles) Regulations 2000 (TAS)

The Trade Measurement (Pre-packed Articles) Regulations 2000, made under the Trade Measurement Act 1999, were the subject of a legal dispute. The court had to determine the applicability of these regulations to certain pre-packed articles, specifically focusing on the marking requirements for measurement and name and address. The dispute centred on whether the regulations mandated measurement markings for certain items, and if so, the precise format and placement of these markings on the packaging.

The court examined the definitions and exemptions outlined in the regulations, particularly focusing on whether certain articles were exempt from measurement markings. It also evaluated the specific requirements for measurement markings, including the position, size, and form of the markings on the package. Additionally, the court considered whether the regulations applied to both inner and outer packages and whether certain articles required additional markings such as unit price.

The court ruled that the Trade Measurement (Pre-packed Articles) Regulations 2000 do apply to the specified pre-packed articles, mandating that packages must bear clear and conspicuous measurement markings as prescribed. The court clarified that certain exemptions applied to specific items, but overall, the majority of pre-packed articles must comply with the marking requirements. It also confirmed that measurement markings must be in a specified form and size, and that these regulations applied to both inner and outer packages where applicable. The court further noted that certain articles required additional unit price markings when sold at retail.