Trade Measurement (Prepacked Articles) Regulation 1991 (ACT)

Case

Trade Measurement (Prepacked Articles) Regulation 1991 (repealed)   

SL1991-29

made under the

Trade Measurement Act 1991

Republication No 5

Effective:  2 July 2010

Republication date: 2 July 2010

As repealed by A2010-13 s 4

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Trade Measurement (Prepacked Articles) Regulation 1991 (repealed), made under the Trade Measurement Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 July 2010. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

    • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

    Trade Measurement (Prepacked Articles) Regulation 1991 (repealed)

    made under the

    Trade Measurement Act 1991

    Contents

    Page

    Part 1Preliminary

    1. Name of regulation  2

    2. Dictionary  2

    2ANotes  2

    1. Exemptions from marking requirements—name, address and measurement     2

    2. Exemptions for packages containing paper  3

    3. Requirements applicable to both inner and outer packages                  4

    4. Exemptions for certain inner and outer packages  4

    Part 2Marking of name and address

    1. Marking of name and address on packages  5

    2. Exemption for packaged seed  5

    Part 3Marking of measurement

    Division 3.1              General requirements for measurement marking

    1. Requirement to mark measurement  6

    2. General position of measurement marking  6

    11A         Position of measurement marking on standard wine package               7

    1. Set out and form of measurement marking  7

    2. Size etc of characters in measurement marking  8

    3. Unit etc of measurement to be used  10

    4. Fractions and significant figures  10

    5. Special provision—marking by approved printing device  11

    6. Marking by reference to minimum measurement  11

    Division 3.2              Special provision for measurement marking of certain articles

    1. Eggs  12

    2. Articles packed in sheets  12

    3. Number of prepacked articles comprising 1t  12

    4. Bedsheets, tarpaulins etc  12

    5. Pairs of window curtains  13

    6. Marking of width or thickness if it directly affects price  13

    Division 3.3              Special provisions about measurement marking of outer packages

    1. Package containing packages of articles of the same kind and measurement   13

    2. Inner and outer packages of single article  14

    3. Package containing articles of different kinds or different measurements  15

    Division 3.4              Other markings about measurement

    1. Unit price marking—retail sales of certain foods by mass                   15

    Part 4Prohibited and restricted expressions

    1. Marking of mass when packed  18

    2. Marking of mass at standard condition  18

    3. Restrictions on use of gross mass  19

    4. Prohibited expressions  19

    Part 5Short measure

    31A         Meaning of permissible actual deficiency and permissible average deficiency—pt 5     20

    1. Extent of deficiency necessary to constitute short measure                20

    2. Articles marked mass when packed etc.  20

    3. Articles marked mass at standard condition  22

    4. Other prepacked articles  24

    5. Method of deciding average measurement  24

    Part 6Miscellaneous

    1. Mass of frozen prepacked scallops  25

    2. Application for permit to sell certain articles  25

    Schedule 1Exemptions from marking  27

    Part 1.1Textile goods  27

    Part 1.2Food goods  27

    Part 1.3Medicinal and toilet goods  28

    Part 1.4Hardware goods  29

    Part 1.5General goods  29

    Schedule 2Expression of measurement marking  31

    Schedule 3Permissible units of measurement  33

    3.1Mass  33

    3.2Volume  33

    3.3Linear measurement  33

    3.4Superficial measurement  34

    3.5Mass per specified length  34

    Dictionary35

    Endnotes

    1. About the endnotes  38

    2. Abbreviation key  38

    3. Legislation history  39

    4. Amendment history  40

    5. Earlier republications  42

    Trade Measurement (Prepacked Articles) Regulation 1991 (repealed)

    made under the

    Trade Measurement Act 1991

    Part 1Preliminary

    1. Name of regulation

      This regulation is the Trade Measurement (Prepacked Articles) Regulation 1991.

    2. Dictionary

      The dictionary at the end of this regulation is part of this regulation.

      Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

      For example, the signpost definition ‘permissible average deficiency, for part 5 (Short measure)—see section 31A.’ means that the term ‘permissible average deficiency’ is defined in that section for part 5.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    2ANotes

    A note included in this regulation is explanatory and is not part of this regulation.

    NoteSee the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

    1. Exemptions from marking requirements—name, address and measurement

      (1)A package containing an article specified in schedule 1 is exempt from the operation of part 2 and part 3 in the circumstances specified in that schedule in relation to the article or, if no circumstances are specified, in all circumstances.

      (2)A package is not exempt from the operation of part 2 and part 3 merely because it contains 2 or more packages each of which would be exempt under subsection (1) as separate packages.

      (3)However, if an exempt package has a name and address or measurement marked on it, the way the name and address or measurement is marked on the package must comply with this section.

      (4)It is not to be assumed that an article specified in item 1 under the heading ‘Textile goods’ or item 1 under the heading ‘Hardware goods’ in schedule 1 has been packed for sale by measurement merely because it has been packed for sale—

      (a)as a single item;

      (b)as a set (except for identical automotive parts); or

      (c)as a pair, or as one of a pair, if it is an article ordinarily described by pairs, or as one of a pair.

      (5)An article is not excluded from the description ‘General goods’ in schedule 1 merely because it could be included in some other description of goods in that schedule.

    2. Exemptions for packages containing paper

      (1)A package containing paper that is a package to which this section applies—

      (a)is exempt from section 8 and section 10; and

      (b)is permitted to be marked with the term ‘gross mass’ or any other term that has a similar meaning to that term.

      (2)This section applies to a package containing paper if—

      (a)it was packed at the factory where the paper was produced; or

      (b)it is packed in a quantity of more than 5kg; or

      (c)it contained at least 500 sheets and is marked with the number of sheets and the dimensions of each sheet.

    3. Requirements applicable to both inner and outer packages

      A requirement of this regulation about the marking of a package containing a prepacked article applies to both the immediate package containing the article and any other package containing that package (whether or not with other packages) unless the provision that imposes the requirement otherwise provides.

    4. Exemptions for certain inner and outer packages

      A requirement of this regulation about the marking of a package does not apply to—

      (a)any immediate package ordinarily sold only in an outer package that is marked in accordance with the requirement; or

      (b)any outer package in which the immediate package is packed only for the purposes of transportation.

    Part 2Marking of name and address

    1. Marking of name and address on packages

      (1)When a prepacked article is packed or sold, the package containing the article must be marked with the name and address of the person who packed the article or on whose behalf it was packed.

      (2)That marking must be—

      (a)readily visible and legible; and

      (b)such as to enable the person named to be identified and located.

      (3)The address marked must be an address in a state or internal territory where, under a law in force in that state or territory, notices or legal process may be served on the person named.

    2. Exemption for packaged seed

      (1)Section 8 does not apply to—

      (a)public-bred agricultural seed that is of a prescribed variety and is packed in a quantity of 10kg or more;

      (b)public-bred agricultural seed that is not of a prescribed variety and is packed in a quantity of 25kg or more; or

      (c)non-proprietary varieties of horticultural seed packed in a quantity of 25kg or more.

      (2)In this section:

      prescribed variety means agricultural seed for Rhodes grass, Molasses grass, Buffel grass, Veldt grass, Brachiaria species, Guinea grass, Hamil grass, Gamba grass, Mitchell grass, Creeping Blue grass and Indian Blue grass.

    Part 3Marking of measurement

    Division 3.1General requirements for measurement marking

    1. Requirement to mark measurement

      (1)When a prepacked article is packed or sold, the package containing the article must be marked with a statement of the measurement of the article.

      (2)The statement must be such that it will be clear, conspicuous, readily seen and easily read when the article is exposed for sale in the way in which it is likely to be exposed for sale.

    2. General position of measurement marking

      (1)The measurement marking on a package must be made—

      (a)on the main display part of the package; and

      (b)if another part of the package is, or other parts of the package are, likely to be displayed instead of the main display part when the article is exposed for sale—on that other part or 1 of those other parts.

      (2)Subsection (1) does not apply to—

      (a)automotive parts; or

      (b)a standard wine package if the measurement marking on the package complies with section 11A; or

      (c)any other package if the administering authority, in writing, exempts the package from the operation of this section and any conditions or restrictions specified in the notice are complied with.

      (3)An exemption is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

    11APosition of measurement marking on standard wine package

    (1)For section 11 (2) (b), the measurement marking on a standard wine package must be made on the surface of the package, other than the base or the top, in a way that allows all of the following information about the wine to be seen in a single field of vision:

    (a)the statement of the measurement;

    (b)the country of origin;

    (c)the product name or product description;

    (d)the actual alcohol content by volume in percentage terms.

    (2)For subsection (1), information on a standard wine package can be seen in a single field of vision if a person can see the information without having to turn the package.

    1. Set out and form of measurement marking

      (1)The required measurement marking must—

      (a)be close to, and marked to be read in the same direction as, any name or brand of the article to which it relates; and

      (b)be at least 2mm from the limits of the package and separated by at least 2mm in all directions from other graphic matter or copy; and

      (c)be in a form in which units of measurement under the metric system are ordinarily written in the English language; and

      (d)for a decimal submultiple—be preceded by a zero or other numeral.

      (2)If a package is entirely or substantially cylindrical, spheroidal, conical or of oval cross-section, the measurement marking must, in addition to complying with subsection (1), be positioned so that no part of the marking is further than 1/6 of the circumference of the package from the line that vertically bisects that part of the package where the marking is required to be made.

      (3)For subsection (2), the circumference of a package is the circumference where the measurement marking is made.

    2. Size etc of characters in measurement marking

      (1)The characters used in a measurement marking must be clear and—

      (a)stamped or printed in a colour that provides a distinct contrast with the colour of the background and be of at least the minimum height required by subsection (2); or

      (b)stamped or embossed and be of at least 3 times the minimum height required by subsection (2); or

      (c)marked by an approved printing device in characters at least 3mm high; or

      (d)legibly handwritten, if permitted by subsection (3).

      (2)The minimum height for the characters in a measurement marking is the height specified in table 13, column 3 opposite the maximum dimension of the package specified in column 2.

      (3)A measurement marking may be legibly handwritten in the following cases:

      (a)when the article is packed to be sold on the premises where it is packed;

      (b)when the package contains cake or is a package to which section 27 applies;

      (c)when the package contains a roll of ribbon, lace or elastic or other article of haberdashery;

      (d)when the article is, in writing by the administering authority, declared to be an article to which this section applies and any conditions applying to the packaging of the article and specified in the notice are complied with.

      (4)A declaration under subsection (3) (d) is a notifiable instrument.

      NoteA notifiable instrument must be notified under the Legislation Act.

      (5)For table 13, the maximum dimension of a package is—

      (a)if the package is rectangular—the measurement of the breadth, height or length of the package, whichever is the greatest; or

      (b)if the package is cylindrical, spheroidal, conical or of oval cross-section—the height, length or maximum diameter of the package, whichever is the greatest.

      Table 13

    column 1

    item

    column 2

    maximum dimension of package

    column 3

    minimum character height

    1

    120mm or under

    2.0mm

    2

    over 120mm but not over 230mm

    2.5mm

    3

    over 230mm but not over 360mm

    3.3mm

    4

    over 360mm

    4.8mm

    1. Unit etc of measurement to be used

      (1)Except for an article specifically provided for by subsection (2), the measurement marking of an article must be expressed as follows:

      (a)if the article is ordinarily sold by number—by reference to number;

      (b)if the article is ordinarily sold by linear or superficial measurement—by reference to that kind of measurement;

      (c)if the article is a liquid—by reference to volume;

      (d)if the article is solid (including in the form of powder or flakes), semisolid or partly solid and partly liquid, and is not included in paragraph (a)—by reference to mass.

      (2)The measurement marking of an article of a kind described in schedule 2, column 2 must be expressed by reference to the kind of measurement specified in column 3 opposite the description of the article.

      (3)A measurement marking (other than in terms of number) must be expressed in terms of a permissible unit of measurement specified in schedule 3.

      (4)In this section:

      ordinarily sold, of an article sold by number or linear or superficial measurement, means the majority of the merchants selling the article in Australia ordinarily sell the article by number or linear or superficial measurement.

    2. Fractions and significant figures

      (1)If a measurement marking includes a fraction of a unit of measurement, it must be expressed as a decimal submultiple of the unit.

      (2)Whether a measurement marking is a whole multiple or a submultiple, or a combination of both, it must express a degree of accuracy to not more than 3 significant figures.

    3. Special provision—marking by approved printing device

      If a measurement marking is made by an approved printing device—

      (a)the measurement marking may express a degree of accuracy to more than 3 significant figures if the certificate of approval approves use of the device to measure the degree of accuracy expressed; and

      (b)a measurement marking in terms of mass made by use of the device in accordance with the certificate of approval may be expressed in terms of grams.

    4. Marking by reference to minimum measurement

      (1)A marking on the package containing a prepacked article of the measurement of the article (whether or not for this regulation) must not be made by reference to minimum measurement unless—

      (a)permitted by this section (or required by section 18 for eggs); and

      (b)the reference to minimum measurement is marked in the same way as the required measurement marking.

      (2)Prepacked dressed poultry (other than poultry pieces) may be marked with a measurement in terms of minimum mass if—

      (a)the mass stated is a whole number multiple of 100g; and

      (b)except for cooked poultry—the package is also marked, in characters not less than 10mm in height, with a size number calculated by dividing the stated minimum mass by 100.

      (3)Prepacked preserved sausage may be marked with a measurement in terms of minimum mass.

    Division 3.2Special provision for measurement marking of certain articles

    1. Eggs

      The measurement marking of a prepacked article containing eggs must be made—

      (a)by reference to the number of eggs in the package; and

      (b)by reference to the minimum mass of each egg.

    2. Articles packed in sheets

      Prepacked aluminium foil, facial tissues, toilet paper and waxed paper are articles that do not require a measurement marking on the package if the number of usable sheets of specified dimensions is marked on the package as if the number and dimensions marked were a measurement marking.

    3. Number of prepacked articles comprising 1t

      If 45 or fewer packages of an article that is ordinarily sold by mass have a total mass of 1t, the measurement marking of the mass of the article may be made on each package by referring to the number of packages to the tonne in such a way as to imply that the mass of each package is 1t divided by that number.

    1. Bedsheets, tarpaulins etc

      (1)The measurement marking relating to—

      (a)bedsheets (not designed as fitted or semi-fitted bedsheets) or other sheets of hemmed fabric material; or

      (b)tarpaulins;

      must be expressed in terms of the finished size of the article.

      (2)The measurement marking relating to—

      (a)a mattress protector; or

      (b)a bedsheet designed as a fitted or semi-fitted bedsheet;

      must be expressed in terms of the suitability of its finished size to fit a mattress of specified dimensions expressed as length x width x depth.

    2. Pairs of window curtains

      The measurement marking relating to window curtains designed to cross over when hung in pairs must be expressed in terms of the finished size of the maximum width, and the maximum drop, of each curtain.

    3. Marking of width or thickness if it directly affects price

      If a measurement marking may be made in terms of the length of an article, the marking must include any measurement of the thickness or width of the article, or both, that bears a direct relationship to the price of the article.

    Division 3.3Special provisions about measurement marking of outer packages

    1. Package containing packages of articles of the same kind and measurement

      (1)This section applies to 2 or more prepacked articles of the same kind and apparently with the same measurement—

      (a)each of which is separately packed in its own package (an inner package); and

      (b)all of which are also packed together in another package (the outer package).

      (2)The measurement marking on the outer package may—

      (a)state the total measurement of all the articles in the outer package; or

      (b)state (as if it were a measurement marking) the number of packages in the outer package and the measurement of each of them.

      (3)A measurement marking need not be marked on the outer package if—

      (a)the outer package contains not more than 8 inner packages;

      (b)the inner packages are ordinarily sold only while in the outer package; and

      (c)the whole or part of the outer package is transparent and the measurement marking on each of the inner packages is clearly visible through the packaging of the outer package.

    2. Inner and outer packages of single article

      (1)This section applies to a prepacked article consisting of an article contained in a package (the inner package) that is contained in another package (the outer package).

      (2)A measurement marking need not be marked on the outer package if—

      (a)the inner package is ordinarily sold only while in the outer package; and

      (b)the whole or part of the outer package is transparent and the measurement marking on the inner package is clearly visible through the packaging of the outer package.

    3. Package containing articles of different kinds or different measurements

      (1)This section applies to a prepacked article consisting of a package (the outer package) containing at least 2 articles of which at least 1 is a prepacked article, but does not apply in a case to which section 24 applies.

      (2)None of the articles in the outer package is required to be marked with a measurement marking if—

      (a)all the articles in the outer package are ordinarily sold only while in the outer package; and

      (b)the outer package is marked in the same way as a measurement marking with a description of each article in the outer package and a statement of its measurement.

      (3)The provisions of section 11 about the position of a measurement marking do not apply to a marking mentioned in subsection (2) (b) if the packaging of the outer package is transparent and all the articles it contains are clearly visible through it.

    Division 3.4Other markings about measurement

    1. Unit price marking—retail sales of certain foods by mass

      (1)This section applies to prepacked—

      (a)fruit; and

      (b)dried fruit, dehydrated fruit and dried or dehydrated mixed fruit; and

      (c)cheese and cheese products; and

      (d)dressed poultry not marked in terms of minimum mass in accordance with section 17; and

      (e)fish (including crustaceans); and

      (f)mushrooms; and

      (g)vegetables; and

      (h)meat; and

      (i)smallgoods (including bacon, corned beef and ham);

      except when the package is a rigid container.

      (2)When a prepacked article to which this section applies is sold (except for the purpose of being resold) the package containing the article must (in addition to being marked with the measurement of the article) be marked with its total price and price per kilogram unless—

      (a)the total price and price per kilogram are adequately displayed at the time of sale, as provided by subsection (4); or

      (b)the article is described in table 27, column 2 and is packed in a quantity specified in column 3 opposite the description.

      (3)The marking on a package required by this section must be made as if it were a measurement marking.

      (4)The total price and price per kilogram are adequately displayed if displayed on or immediately adjacent to the receptacle in or on which the article is exposed for sale, in characters not less than 10mm high and in such a way as to be readily seen and easily read.

    Table 27

    column 1

    item

    column 2

    article

    column 3

    permitted packaged quantity

    1

    cheese and cheese products

    100g, 125g, 200g, 250g, 375g, 500g, 750g, 1kg, integral multiples of 500g

    2

    dressed poultry and meat

    100g, 125g, 200g, 250g, 500g, 1kg, integral multiples of 1kg

    3

    dried fruit, dehydrated fruit, dried or dehydrated mixed fruit

    100g, 125g, 150g, 200g, 250g, 375g, 500g, 750g, 1kg, 1.5kg, integral multiples of 1kg

    4

    fruit, fish (including crustaceans), mushrooms and vegetables

    15g, 20g, 25g, 50g, 75g, 100g, 125g, 150g, 200g, 250g, 375g, 500g, 750g, 1kg, 1.25kg, 1.5kg, 2.5kg, integral multiples of 1kg

    5

    smallgoods (including bacon, corned beef and ham)

    50g, 125g, 175g, 250g, 375g, 500g, integral multiples of 500g

    Part 4Prohibited and restricted expressions

    1. Marking of mass when packed

      (1)This section applies to bar soaps, cotton wool, flax, glauber salts, jute, manila, fresh mushrooms, oven-baked animal biscuits, personal deodorant tablets, personal soap tablets (whether medicinal or toilet), sisal, soap flakes, soap powder (excluding detergent powders), tobacco, washing soda and whole hams.

      (2)Prepacked articles of the kind to which this section applies that are not packed in a hermetically-sealed package may be marked ‘net mass when packed’, or with other words that have a similar meaning to those words, if they are marked in the same way as the appropriate measurement marking.

    2. Marking of mass at standard condition

      A package containing prepacked yarn or cotton wool that is not a hermetically-sealed package may be marked with the words ‘net mass at standard condition’ or with other words that have a similar meaning to those words if—

      (a)the words are marked in the same way as the appropriate measurement marking; and

      (b)when the yarn or cotton wool is composed of a mixture of fibres—the package is also marked in the same way as the appropriate measurement marking with a correct statement of the proportion by mass of each of the kinds of fibre of which the yarn or cotton wool is composed.

    3. Restrictions on use of gross mass

      (1)For the Act, section 30, the expression ‘gross mass’ and any other expression that has a similar meaning to that expression are restricted expressions.

      (2)A package may be marked with such an expression only if permitted by section 5 or if—

      (a)the package is used only for the purpose of transporting an article; and

      (b)the expression is immediately followed by the words ‘for transport purposes only’ and a statement of the appropriate quantity; and

      (c)immediately below or following the expression the net mass is marked and designated as such or stated as a net amount in words that correspond to those used to express the gross amount.

    4. Prohibited expressions

      For the Act, section 30, the following are prohibited expressions:

      (a)any expression (other than a marking required or permitted by the Act) that directly or indirectly relates to or qualifies a measurement marked on the package;

      (b)a statement that directly or indirectly relates or refers to the measurement of the article or any ingredient or component of the article, or of any source from which the article is derived, if the statement cannot be tested for truth by testing the article.

      NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    Part 5Short measure

    31AMeaning of permissible actual deficiency and permissible average deficiency—pt 5

    In this part:

    permissible actual deficiency means the deficiency in actual measurement permitted for the Act, section 33 (1) (a).

    permissible average deficiency means the deficiency in the average of the actual measurements of a number of like articles permitted for the Act, section 33 (1) (b).

    1. Extent of deficiency necessary to constitute short measure

      This part makes provision for the deficiency in actual measurement and average measurement of prepacked articles permitted under the Act, section 33 before the actual measurement of a prepacked article is to be regarded as being less than the measurement marked on the package.

    2. Articles marked mass when packed etc.

      If the package containing a prepacked article is, in accordance with section 31, marked ‘mass when packed’ or with other words that have a similar meaning to those words—

      (a)the permissible actual deficiency, if measured on the day the article is packed, is a deficiency of 5%; and

      (b)the permissible average deficiency, if measured on the day the article is packed, is nil; and

      (c)the permissible actual deficiency, if measured after the day the article is packed, is the deficiency specified in table 33, column 3 opposite the description of the article in column 2; and

      (d)the permissible average deficiency, if measured after the day the article is packed, is the deficiency specified in table 33, column 4 opposite the description of the article in column 2.

    Table 33

    column 1

    item

    column 2

    description of article

    column 3

    permissible actual deficiency (%)

    column 4

    permissible average deficiency (%)

    1

    bar soaps

    21

    16

    2

    cotton wool

    7

    2

    3

    flax

    8

    3

    4

    glauber salts

    7

    2

    5

    jute

    9

    4

    6

    manila

    8

    3

    7

    mushrooms (fresh)

    18

    13

    8

    oven-baked animal biscuits

    9

    4

    9

    personal deodorant tablets

    12

    7

    10

    personal soap tablets (medicinal or toilet)

    11

    6

    11

    sisal

    8

    3

    12

    soap flakes

    10

    5

    13

    soap powder (excluding detergent powders)

    15

    10

    14

    tobacco

    10

    5

    15

    washing soda

    7

    2

    16

    whole hams

    7

    2

    1. Articles marked mass at standard condition

      (1)If the package containing a prepacked article is, in accordance with this regulation, marked ‘mass at standard condition’ or with other words that have a similar meaning—

      (a)the permissible actual deficiency is the deficiency specified in table 34, column 3 opposite the description of the class of article in column 2; and

      (b)the permissible average deficiency is the deficiency specified in table 34, column 3 opposite the description of the class of article in column 2

      (2)If the article consists of a mixture of any 2 or more of class A, B or C fibres (as described in table 34, column 2)—

      (a)the permissible actual deficiency is the deficiency, expressed as a percentage, calculated in accordance with the formula

    6x + 2y + 5

    ; and

    (b)the permissible average deficiency is the deficiency, expressed as a percentage, calculated in accordance with the formula

    6x + 2y

    where:

    x means the proportion that the mass of all class A fibre (if any) in the article bears to the total mass of the article.

    y means the proportion that the mass of all class B fibre (if any) in the article bears to the total mass of the article.

    Table 34

    column 1

    item

    column 2

    class of article

    column 3

    permissible actual deficiency (%)

    column 4

    permissible average deficiency (%)

    1

    class A fibre (wool or other animal fibre, viscose or cuprammonium rayon, or a mixture of any 2 or more of them)

    11

    6

    2

    class B fibre (silk, cotton or cellulose acetate or a mixture of any 2 or more of them)

    7

    2

    3

    class C fibre (a fibre, or a mixture of fibres, that is not a class A or class B fibre)

    5

    0

    1. Other prepacked articles

      If the package containing a prepacked article is not a package to which section 37 or section 38 applies—

      (a)the permissible actual deficiency is 5%; and

      (b)the permissible average deficiency is nil.

    2. Method of deciding average measurement

      (1)For the Act, section 33 and this part, the average of the actual measurements of a number of like articles is decided by calculating the average of the measurements of the contents of at least 12 packages or, if less than 12 are available, of the number (not less than 6) that is available.

      (2)If more than 12 packages are available, the actual number to be tested must be decided by an inspector.

      (3)Each of the packages measured must be of the same kind and have the same measurement marking and must be selected by an inspector without having been measured by an inspector.

    Part 6Miscellaneous

    1. Mass of frozen prepacked scallops

      For the Act, the mass of frozen scallops packed as a prepacked article must be decided as follows:

      (a)measure and record the mass of an appropriate perforated container;

      (b)place the entire contents of the package into a suitable impermeable bag;

      (c)suspend or immerse the bag in running water until the contents have thawed;

      (d)empty contents into the perforated container;

      (e)drain the perforated container and the contents until minimal drip loss is recorded;

      (f)measure and record the mass of the perforated container plus contents;

      (g)subtract the mass of the perforated container from the mass of the perforated container and contents to obtain the net mass of the contents.

      NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    2. Application for permit to sell certain articles

      An application for a permit under the Act, section 38 for the sale of an article must—

      (a)be made to the administering authority in writing signed by or on behalf of the applicant; and

      (b)specify the grounds in the Act, section 39 that are relied on by the applicant; and

      (c)give particulars of the facts justifying reliance on those grounds.


    Schedule 1Exemptions from marking

    (see s 4)

    Part 1.1Textile goods

    1textile, wearing apparel and other similar articles that are not packed for sale by measurement and are not ordinarily so sold

    2textiles that are—

    (a)packed for sale by mass and are sold in packages each containing more than 4kg; or

    (b)packed for sale by length and are sold in packages each containing more than 25m; or

    (c)packed for sale by area and are sold in packages each containing more than 25m2

    Part 1.2Food goods

    3any agricultural produce grown and packed on the same property by the grower and sold by mass in sacks of more than 25kg gross mass

    4confectionery, nuts, popcorn, potato crisps and savouries that are—

    (a)packed on premises for sale on those premises if the package is displayed for sale on those premises in a receptacle that has a statement that can be readily seen and easily read in characters not less than 10mm high of the mass and of the price of the contents of the package and if the mass of the contents does not exceed 200g; or

    (b)packed in or with another article if the value of the combined articles is substantially represented by that other article

    5confectionery packed singly in a novelty shape and an Easter egg packed singly

    6honey in the comb in original frames

    7hay

    8ice-cream packed in a quantity of less than 200mL

    9kippers

    10pies or pasties made for use as an individual serve the mass of which is less than 250g

    11cakes, puddings and sponges packed singly in a quantity of less than 125g

    12alcoholic liquors packed in a quantity greater than 10L

    Part 1.3Medicinal and toilet goods

    13therapeutic goods if the sale or supply of the goods to the public is prohibited by law except on the written prescription of a person recognised by law as competent to prescribe them

    14a toilet preparation in a compact and a refill of such a preparation

    15single-application hair dyes or hair bleaches or single-application home permanent hair waving kits

    16vaccine packed in a quantity of less than 25mL or a single dose of any substance packed in a vial or ampoule for sale for use as an injection

    Part 1.4Hardware goods

    17articles of hardware that are not packed for sale by measurement and are not ordinarily so sold

    18tinters or colouring agents for use in paint that are packed in a quantity of less than 100g or 100mL

    19colouring material in a package on which is marked directions for mixing it, or a specified quantity of it, with a specified type and volume of paint if the quantity of the material to be mixed does not exceed 10% of the volume of the paint with which it is to be mixed

    Part 1.5General goods

    20articles ordinarily sold by number that are packed in a quantity of less than 9 in a package made completely or partly of transparent material so that when the package is exposed for sale the number of articles contained in the package is readily apparent to a purchaser

    21an article of which the mass exceeds 75kg or the volume exceeds 150L

    22an article packed in a quantity of less than 15g or 15mL other than adhesives, dried vegetables and freeze-dried vegetables, herbs, instant tea, pepper and other spices, therapeutic goods and tobacco

    23fire-extinguisher refills

    24photographic film and photographic printing paper

    25a bag of clay

    26fish bait

    27garden landscape material, including pine-bark feature mix, pine-bark nuggets, pre-planted mushroom spawn, tree-bark, any article that is or contains compost, farmyard manure, garden peat, leaf mould, peatmoss, sphagnum moss, tanbark or other like substance

    28artists paint packed in a quantity of less than 100g

    29candles

    30legume seed inoculants

    31a prepacked article sold as authorised by the Act, division 5.2


    Schedule 2Expression of measurement marking

    (see s 14)

    column 1

    item

    column 2

    description of article

    column 3

    kind of measurement permissible

    1

    acids in liquid form

    mass or volume

    2

    aerosol products

    mass

    3

    compressed or liquefied gases

    mass or equivalent volume (cubic metres or litres) at stated temperature and pressure

    4

    cream and cream substitutes

    volume

    5

    fencing wire

    length

    6

    flavouring essences

    mass or volume, if the quantity is not less than 500g

    7

    heavy residual fuel oil, industrial diesel fuel and furnace oil

    mass or volume

    8

    honey, malt extract, golden syrup and treacle

    mass

    9

    ice-cream

    volume

    10

    linseed oil and other vegetable oils

    volume if the quantity is not greater than 5L; mass or volume if the quantity is greater than 5L

    11

    liquefied petroleum gas

    mass

    12

    liquid chemicals

    mass or volume

    13

    paint (other than paste paint), varnish and varnish stains

    volume

    14

    paste paint

    mass

    15

    perfume compounds

    mass or volume, if the quantity is not less than 500g

    16

    perlite

    mass or volume

    17

    resins

    mass or volume

    18

    rope, cord and line

    (a)    of a diameter less than 1.5mm

    (b)    of a diameter of 1.5mm or more

    length and mass per specified length

    length and diameter

    19

    skin cream in jars

    mass or volume

    20

    tomato sauce

    volume

    21

    toothpaste

    mass

    22

    twines, twists and lashings

    length and mass per specified length

    23

    yoghurt

    mass

    Schedule 3Permissible units of measurement

    (see s 14)

    3.1Mass

    If the measurement marking is to be expressed in terms of mass, the permissible units of measurement are as follows:

    (a)kilogram is permissible in all cases;

    (b)gram is also permissible if the mass does not exceed 1 000g;

    (c)milligram is also permissible if the mass does not exceed 1 000mg.

    3.2Volume

    If the measurement marking is to be expressed in terms of volume, the permissible units of measurement are as follows:

    (a)litre, decilitre or centilitre is permissible for liquids in all cases;

    (b)cubic metre is permissible for solids in all cases;

    (c)millilitre is also permissible for a liquid if the volume does not exceed 1 000mL;

    (d)cubic centimetre is also permissible for a solid if the volume does not exceed 1 000m3.

    3.3Linear measurement

    If the measurement marking is to be expressed in terms of linear measurement, the permissible units of measurement are as follows:

    (a)metre is permissible in all cases;

    (b)centimetre is also permissible if the length does not exceed 100cm;

    (c)millimetre is also permissible if the length does not exceed 1 000mL;

    (d)millimetre is also permissible for paper lengths not longer than 10 000mL, building material in sheet form and coated abrasive belts;

    (e)millimetre is also permissible for an article if it was customary before this regulation commenced to express the linear measurement of the article in millimetres.

    3.4Superficial measurement

    If the measurement marking is to be expressed in terms of superficial measurement, any unit of superficial measurement is permissible.

    3.5Mass per specified length

    If the measurement marking is to be expressed in terms of mass per specified length, the permissible units of measurement are grams for mass and kilometres for length.


    Dictionary

    (see s 2)

    Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·     corporation

    ·     individual

    ·     penalty unit (see s 133)

    ·     person.

    Note 3Terms used in this regulation have the same meaning that they have in the Trade Measurement Act 1991 (see Legislation Act, s 148). For example, the following terms are defined in the Trade Measurement Act 1991, dict:

    ·     administering authority

    ·     inspector

    ·     prepacked article

    ·     sell.

    approved printing device means a printing device that conforms to a pattern in relation to which there is in force under the National Measurement Regulations 1999 (Cwlth) a certificate that approves the use of the device for trade.

    characters includes letters, figures and symbols.

    cheese and cheese products does not include articles for sale as processed cheese or cheese spreads.

    compressed or liquefied gas does not include liquefied petroleum gas.

    cream does not include clotted cream or sour or cultured cream.

    dried or dehydrated fruit includes glacé and crystallised fruit and fruit peel.

    dried or dehydrated mixed fruit includes any such fruit mixed with nuts.

    garden landscape material means soil, pebbles, crushed tile, crushed white quartz, Grawin gravel, crushed western red, crushed snowflake, New Zealand lava scoria, Pacific coral, river stones, crushed material mix and any like substance for use in gardens.

    ice-cream includes any form of frozen confection containing ice-cream, flavoured ice, fruit-ice, water ice or a substitute for ice-cream.

    liquid chemicals includes solvents packed for sale for pharmaceutical, laboratory or industrial use.

    main display part, in relation to a package, means—

    (a)if the name or brand appears on the package once only—the part of the package where it appears; or

    (b)if the name or brand appears on more than 1 part of the package with equal prominence in each case—any 1 of those parts; or

    (c)if the name or brand appears on more than 1 part of the package but not always with equal prominence—the part of the package where it is more prominent or any part of the package where it is most prominent; or

    (d)if the name or brand of the article in the package does not appear on the package—that part of the package that will be most prominent when the package is exposed for sale in the way in which it is likely to be exposed for sale.

    measurement marking means the marking of measurement required by this regulation to be made on the package containing a prepacked article.

    paint includes enamel but does not include a two-pack paint, artists paint or powder coatings.

    permissible actual deficiency, for part 5 (Short measure)—see section 31A.

    permissible average deficiency, for part 5 (Short measure)—see section 31A.

    poultry means any kind of bird used for human consumption, whether it is cooked or uncooked or consists of poultry pieces.

    poultry piece means leg, wing, breast or other part detached from a poultry carcase and any division of a poultry carcase.

    resins includes natural resins, synthetic resins and polymeric materials other than paint.

    standard wine package means a package containing—

    (a)50mL, 100mL, 187mL, 200mL, 250mL, 375mL, 500mL, 750mL, 1L or 1.5L of wine; or

    (b)2 or more whole litres of wine.

    therapeutic goods means goods for therapeutic use within the meaning of the Therapeutic Goods Act 1984 (Cwlth).

    tobacco includes plug tobacco.

    wine means a beverage—

    (a)produced by the complete or partial alcoholic fermentation of fresh grapes, grape must or other products derived from fresh grapes; and

    (b)containing not less than 7% and not more than 24% of alcohol by volume.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter par = paragraph/subparagraph
    def = definition pres = present
    dict = dictionary prev = previous
    disallowed = disallowed by the Legislative (prev...) = previously
    Assembly pt = part
    div = division r = rule/subrule
    exp = expires/expired renum = renumbered
    Gaz = gazette reloc = relocated
    hdg = heading R[X] = Republication No
    IA = Interpretation Act 1967 RI = reissue
    ins = inserted/added s = section/subsection
    LA = Legislation Act 2001 sch = schedule
    LR = legislation register sdiv = subdivision
    LRA = Legislation (Republication) Act 1996 sub = substituted
    mod = modified/modification SL = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired

    1. Legislation history

      This regulation was originally the Trade Measurement (Pre-packed Articles) Regulations.  It was renamed by the Justice and Community Safety Legislation Amendment Act 2001 (see sch 2) and under the Legislation Act 2001.

      Trade Measurement (Prepacked Articles) Regulation 1991 No 29

      notified 1 November 1991
      commenced 1 November 1991

      as amended by

      Legislation (Consequential Amendments) Act 2001 No 44 pt 388

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)
      pt 388 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 2

      notified LR 14 September 2001
      commenced 14 September 2001 (s 2 (5))

      Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.103

      notified LR 22 March 2007
      s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

      sch 3 pt 3.103 commenced 12 April 2007 (s 2 (1))

      Trade Measurement (Prepacked Articles) Amendment Regulation 2009 (No 1) SL2009-30

      notified LR 22 June 2009
      s 1, s 2 commenced 22 June 2009 (LA s 75 (1))

      remainder commenced 23 June 2009 (s 2)

      as repealed by

      Justice and Community Safety Legislation Amendment Act 2010 A2010-13 s 4

      notified LR 31 March 2010
      s 1, s 2 commenced 31 March 2010 (LA s 75 (1))

      s 4 commenced 1 July 2010 (s 2 (3) (a))

    2. Amendment history

      Name of regulation

      s 1sub 2001 No 70 amdt 2.18

      am R2 LA

      Dictionary

      s 2 hdgam 2001 No 70 amdt 2.19

      s 2am 2001 No 70 amdt 2.20

      defs reloc to dict A2007-3 amdt 3.513

      sub A2007-3 amdt 3.514

      def the Act om 2001 No 44 amdt 1.4061

      Notes

      s 2Ains A2007-3 amdt 3.514

      Definitions—packaged articles

      s 3 hdgam 2001 No 70 amdt 2.21

      s 3am 2001 No 70 amdt 2.22

      defs reloc to dict A2007-3 amdt 3.513

      om A2007-3 amdt 3.514

      Exemptions from marking requirements—name, address and measurement

      s 4am 2001 No 70 amdt 2.24; R1 LA

      General requirements for measurement marking

      div 3.1 hdg(prev pt 3 div 1 hdg) R1 LA (see 2001 No 70 amdt 2.28)

      General position of measurement marking

      s 11am 2001 No 44 amdt 1.4062, amdt 1.4063; SL2009-30 s 4; pars renum R4 LA

      Position of measurement marking on standard wine package

      s 11Ains SL2009-30 s 5

      Size etc of characters in measurement marking

      s 13am 2001 No 44 amdt 1.4064, amdt 1.4065

      Unit etc of measurement to be used

      s 14am 2001 No 70 amdt 2.25; R1 LA

      Special provision for measurement marking of certain articles

      div 3.2 hdg(prev pt 3 div 2 hdg) R1 LA (see 2001 No 70 amdt 2.28)

      Special provisions about measurement marking of outer packages

      div 3.3 hdg(prev pt 3 div 3 hdg) R1 LA (see 2001 No 70 amdt 2.28)

      Other markings about measurement

      div 3.4 hdg(prev pt 3 div 4 hdg) R1 LA (see 2001 No 70 amdt 2.28)

      Prohibited expressions

      s 31am 2001 No 44 amdt1.4066, amdt 1.4067

      Meaning of permissible actual deficiency and permissible average deficiency—pt 5

      s 31Ains A2007-3 amdt 3.515

      Extent of deficiency necessary to constitute short measure

      s 32am A2007-3 amdt 3.516

      Exemptions from marking

      sch 1am 2001 No 70 amdt No 2.26; R1 LA

      Expression of measured marking

      sch 2items num R1 LA

      Permissible units of measurement

      sch 3am 2001 No 70 amdt 2.27; R1 LA

      ss renum R2 LA

      Dictionary

      dictins A2007-3 amdt 3.517

      def approved printing device reloc from s 2 A2007-3 amdt 3.513

      def characters reloc from s 2 A2007-3 amdt 3.513

      def cheese and cheese products sub 2001 No 70 amdt 2.23

      reloc from s 3 A2007-3 amdt 3.513

      def compressed or liquefied gas reloc from s 3 A2007-3 amdt 3.513

      def cream reloc from s 3 A2007-3 amdt 3.513

      def dried or dehydrated fruit reloc from s 3 A2007-3 amdt 3.513

      def dried or dehydrated mixed fruit reloc from s 3 A2007-3 amdt 3.513

      def garden landscape material reloc from s 3 A2007-3 amdt 3.513

      def ice-cream reloc from s 3 A2007-3 amdt 3.513

      def liquid chemicals reloc from s 3 A2007-3 amdt 3.513

      def main display part reloc from s 2 A2007-3 amdt 3.513

      def measurement marking reloc from s 2 A2007-3 amdt 3.513

      def paint reloc from s 3 A2007-3 amdt 3.513

      def permissible actual deficiency ins A2007-3 amdt 3.517

      def permissible average deficiency ins A2007-3 amdt 3.517

      def poultry reloc from s 3 A2007-3 amdt 3.513

      def poultry piece reloc from s 3 A2007-3 amdt 3.513

      def resins reloc from s 3 A2007-3 amdt 3.513

      def standard wine package ins SL2009-30 s 6

      def therapeutic goods reloc from s 3 A2007-3 amdt 3.513

      def tobacco reloc from s 3 A2007-3 amdt 3.513

      def wine ins SL2009-30 s 6

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date

    Effective

    Last amendment made by

    Republication for
    R1
    9 Nov 2001     		14 Sept 2001–
    31 Oct 2004     		A2001-70 amendments by A2001-44 and A2001-70
    R2
    1 Nov 2004     		1 Nov 2004–
    11 Apr 2007     		A2001-70 editorial amendments under Legislation Act
    R3
    12 Apr 2007     		12 Apr 2007–
    22 June 2009     		A2007-3 amendments by A2007-3
    R4
    23 June 2009     		23 June 2009–
    1 July 2010     		SL2009-30 amendments by SL2009-30
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