Trade Measurement (Tasmania) Administration Regulations 2000 (TAS)

Trade Measurement (Tasmania) Administration Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Trade Measurement (Tasmania) Administration Act 1999 .29 November 2000

g. s. m. green

Governor

By His Excellency’s Command,

p. patmore

Minister for Justice and Industrial Relations

1Short titleThese regulations may be cited as the Trade Measurement (Tasmania) Administration Regulations 2000 . 2CommencementThese regulations take effect on 1 December 2000. 3FeesThe fees set out in Schedule 1 are prescribed for the purposes of the Trade Measurement (Tasmania) Administration Act 1999 as the fees payable in respect of the matters to which they relate. 4Offences for which infringement notice may be issued (1) For the purposes of section 8 of the Trade Measurement (Tasmania) Administration Act 1999 , the offences against the sections of the Trade Measurement Act 1999 set out in Schedule 2 are prescribed as offences in respect of which an infringement notice may be issued. (2) For the purposes of section 11 of the Trade Measurement (Tasmania) Administration Act 1999 , the penalty set out in Schedule 2 opposite each offence is the penalty payable on acceptance of an infringement notice for that offence. 5Form of infringement noticeAn infringement notice is to be in accordance with in Schedule 3 . Schedule 1Fees

Regulation 3

Fee (excluding GST)
1. For the examination, testing, verification and stamping of the following:
(a) Liquid measures (except as otherwise stated in this Schedule)
for each measure	25 fee units for each ¼ hour
(b) Dispensing measures, pipettes and flasks	10 fee units
(c) Flowmeters (other than LPG)
(i) flowrate not exceeding 100 L/min	50 fee units
(ii) flowrate exceeding 100 L/min, but not exceeding 250 L/min	80 fee units
(iii) flowrate exceeding 250 L/min	25 fee units for each ¼ hour
plus for each additional indicating device attached	10 fee units
(d) Flowmeters (LPG)	25 fee units for each ¼ hour
(e) Liquid proving measures	25 fee units for each ¼ hour
(f) Measures of length
(i) each measure not exceeding 1m	5 fee units
(ii) each measure exceeding 1m including mechanical measuring instruments	25 fee units for each ¼ hour
(g) Weighing instruments Class III & IV
(i) each instrument not exceeding 30kg capacity	50 fee units
(ii) each instrument exceeding 30kg, but not exceeding 300kg capacity	100 fee units
(iii) each instrument exceeding 300kg, but not exceeding 1 tonne capacity	150 fee units
(iv) exceeding 1 tonne capacity	200 fee units
plus each tonne exceeding 5 tonne	5 fee units
(v) each additional mass-indicating device attached	10 fee units
(h) Weighing instruments Class I & II	25 fee units for each ¼ hour
(i) Receptacles to be used as measures of volume	25 fee units for each ¼ hour
(j) Farm milk tanks
for each 5 000 litres or part of 5 000 litres	100 fee units
(k) Other instruments
any other weighing or measuring instrument including card readers and control systems	25 fee units for each ¼ hour
2. Hire of Departmental standards and equipment (for each day or part of a day)
(a) masses
(i) for individual masses of 10 kg or less	1 fee unit for each kg or part of a kg
(ii) for masses of 20 kg or 25 kg	10 fee units for each mass
(iii) for masses of 500 kg	25 fee units for each mass
(b) volume measures	1 fee unit for each litre, or part of a litre, capacity
3. Equipment used in sporting contests	10 fee units for each ¼ hour
4. Standards Laboratory calibration services
(a) regulation 13 calibrations and calibration reports	25 fee units for each ¼ hour
(b) replacement certificates	25 fee units
5. Public Weighbridge Licence and Certificate of Suitability
(a) application fee	50 fee units
(b) annual fee (including certificate of suitability for one weighbridge)	100 fee units
(c) additional certificate of suitability	50 fee units for each weighbridge
6. Instrument Certifier Licence
(a) application fee	50 fee units
(b) annual fee	200 fee units
(c) for each approved certification mark (employee certifier)	50 fee units
7. Replacement or amended Licence Certificate or Certificate of Suitability	50 fee units

Schedule 2Offences for which infringement notice may be issued

Regulation 4

Offence description	Section of Trade Measurement Act 1999	Penalty (Penalty units)
1. Using an unmarked measuring instrument for trade	7(1)	2
2. Using a weighbridge that does not comply with requirements of the regulations in that there is an accumulation of water or debris on the weighbridge platform or in the weighbridge pit	7(2)	2
3. Using a class 4 measuring instrument for other than a prescribed purpose	7A	2
4. Using an incorrect measuring instrument for trade	8(1)	5
5. Using a measuring instrument for trade in unjust manner	8(2)	5
6. Selling, leasing, hiring or lending an unacceptable measuring instrument for trade use	9(2)	5
7. Failure to measure an article in the presence of purchaser	22(1), (2)	2
8. Requiring payment of a price for an article that is not correctly computed by reference to measurement	23(b)	5
9. Selling a quantity of an article that is less than the quantity requested by the purchaser	24	5
10. Packing a pre-packed article without marking the name and address of the packer on the package as prescribed	28(1)	2
11. Packing a pre-packed article without marking a measurement statement on the package as prescribed	28(1)	2
12. Selling a pre-packed article that is not marked with a measurement statement as prescribed	28(2)	2
13. Selling a pre-packed article that is not marked with the name and address of the packer as prescribed	28(2)	2
14. Selling a pre-packed article that is not marked with the unit price as prescribed	28(2)	2
15. Selling a pre-packed article at a higher price than that correctly computed from unit price	31(1)	5
16. Packing a pre-packed article that contains less than the measurement marked on the package	32(1)(a)	5
17. Selling a pre-packed article that contains less than the measurement marked on the package	32(1)(b)	5
18. Certifying a measuring instrument without being the holder of a servicing licence or an employee of a holder of such a licence	42(1)	5
19. Failure to comply with the conditions of a servicing licence	42(2)	5
20. Making a weighbridge available as public weighbridge without being the holder of a public weighbridge licence or an employee of a holder of such a licence	43(1)(a)	2
21. Failure to produce a measuring instrument for examination and testing	65(b)	2

Schedule 3Form

Regulation 5

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 November 2000

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations prescribe, for the purposes of the

(a) fees and charges payable under that Act; and (b) provisions of the Trade Measurement Act 1999 in respect of which an infringement notice may be issued and the form of that notice.