Trade Measurement (Weighbridges) Regulation 1991 (ACT)

Case

Trade Measurement (Weighbridges) Regulation 1991 (repealed)   

SL1991-30

made under the

Trade Measurement Act 1991

Republication No 6

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As repealed by A2010-13 s 4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This is a republication of the Trade Measurement (Weighbridges) Regulation 1991 (repealed), made under the Trade Measurement Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).It also includes any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 (Weighbridges) Regulation 1991 (repealed)

    made under the

    Trade Measurement Act 1991

    Contents

    Page

    Part 1Preliminary

    1. Name of regulation  2

    2. Dictionary  2

    3. Notes  2

    4. Application of other regulations to weighbridges  2

    Part 2Requirements for weighbridges used for trade

    1. Application of pt 2  3

    2. Situation of weighbridge  3

    3. Visibility on weighbridge  3

    4. Approaches to weighbridge  4

    5. Platforms of weighbridge  4

    6. Pit of weighbridge  4

    7. Weighbridge without pit  5

    8. Weighbridge with electronic devices  5

    9. Multi-platform weighbridge  6

    10. Portable weighbridge  6

    Part 3Certificates of suitability—public weighbridges

    1. Issue of certificate of suitability  7

    2. Duration of certificate of suitability  7

    3. Duplicate certificate of suitability  8

    4. Suspension or cancellation of certificate of suitability  8

    5. Return of cancelled certificate  9

    6. Register of certified weighbridges  9

    Part 4Public weighbridges—licensees and operators

    1. Condition of licence  11

    2. Sign and certificate to be exhibited  11

    3. Tare books and measurement tickets  11

    4. General duties of licensee  12

    5. Duties of operator  13

    6. Notification by licensee of change of particulars  14

    7. Vehicle registration weighing—exemption from licensing etc.               14

    8. Register of licences  15

    Part 5End-and-end weighing

    1. Prohibited for public weighbridges  16

    2. Restrictions in other cases  16

    Part 6Miscellaneous

    1. Fraudulent activities of licensee or operator  18

    Schedule 1Duties of operator of public weighbridge                19

    1.1Due care to be exercised  19

    1.2Entry in tare mass book  19

    1.3Measurement tickets—completion and issue  19

    1.4Issue of measurement ticket—tare mass only  20

    1.5Issue of measurement ticket—loaded vehicle  21

    1.6Axle load measurement  22

    1.7Copies of measurement tickets  22

    1.8Inspector may require measurement to be made  23

    Dictionary24

    Endnotes

    1. About the endnotes  26

    2. Abbreviation key  26

    3. Legislation history  27

    4. Amendment history  28

    5. Earlier republications  29

    Trade Measurement (Weighbridges) Regulation 1991 (repealed)

    made under the

    Trade Measurement Act 1991

    Part 1Preliminary

    1. Name of regulation

      This regulation is the Trade Measurement (Weighbridges) 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.

      Note 2A definition in the dictionary 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)).

    3. Notes

      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.

    4. Application of other regulations to weighbridges

      This regulation has effect in addition to, and does not limit from, any other regulation under the Act relating to measuring instruments generally.

    Part 2Requirements for weighbridges used for trade

    1. Application of pt 2

      This part applies to weighbridges used for trade (including public weighbridges).

    2. Situation of weighbridge

      A weighbridge must be so situated that—

      (a)there is sufficient room for a vehicle using the weighbridge to move on and off without turning on the platforms; and

      (b)its headwork is protected from wind and rain by an office or other adequate means; and

      (c)water or debris from the surrounding area does not accumulate on the platforms or in the pit.

    3. Visibility on weighbridge

      A weighbridge must—

      (a)provide the operator with a clear view of the platforms; and

      (b)have the indicator that is used by the operator located not more than 6m from the edge of the platforms or in some other approved position; and

      (c)for a road weighbridge—have an indicator in such a position that the mass displayed on it may easily be read by the driver of a vehicle using the weighbridge.

    4. Approaches to weighbridge

      A weighbridge must have approaches that—

      (a)are in the same plane as the platforms for a minimum distance of—

      (i)3m if the length of the platforms is less than 18m; or

      (ii)1m if the length of the platforms is 18m or more; and

      (b)have a hard, true and durable surface of concrete or other approved material; and

      (c)are arranged so that drainage from the surface does not flow into the pit.

    5. Platforms of weighbridge

      (1)The platforms of a weighbridge must be of concrete or steel, or both, or be of other approved materials.

      (2)Unless exempted under subsection (3), a weighbridge must be provided with guard rails or other suitable means to prevent vehicles from moving onto or off the platform otherwise than from end to end.

      (3)The administering authority may exempt a weighbridge from complying with subsection (2).

    6. Pit of weighbridge

      If a weighbridge has a pit—

      (a)the entrance to the pit must be covered and be at least 1m deep and 0.9m wide; and

      (b)the neck of the pit must be at least 0.9m wide; and

      (c)there must be a clearance of at least 0.15m on each side of a lever in the neck of the pit; and

      (d)there must be free access to every part of the underwork and—

      (i)if free access is available from above to every part of the underwork, there must be a clearance of at least 0.15m below all parts of the underwork; or

      (ii)in any other case there must be a clearance of at least 0.4m below the lowest lever; and

      (e)the pit must be free draining or be provided with automatic mechanical drainage and be kept free from any accumulation of water, mud and debris.

    7. Weighbridge without pit

      If a weighbridge does not have a pit—

      (a)there must be a clearance of at least 0.15m under the lowest live part of the platforms; and

      (b)the floor between load cell supports must be of concrete at least 0.075m thick and must be effectively drained and kept free from any accumulation of water, mud and debris; and

      (c)there must be in the same plane as, or lower than, the floor a clear space of at least 1m from the external edges of the frame; and

      (d)the load cell footings must be individually and mutually stable.

    8. Weighbridge with electronic devices

      If a weighbridge is equipped with electronic devices—

      (a)they must be protected from electrical interference and the rays of the sun; and

      (b)the data plate of the load cells must have such access as is necessary to enable it to be read with ease.

    9. Multi-platform weighbridge

      In a multi-platform weighbridge—

      (a)any dead space between platforms must not exceed 2m; and

      (b)the platforms must not interfere with each other so as to affect their operation; and

      (c)a visual summing indicator must be provided.

    10. Portable weighbridge

      If a weighbridge is portable—

      (a)there must be a clearance of at least 0.15m under the lowest live part of the platforms; and

      (b)it must have a base that is stable when the weighbridge is in use; and

      (c)the headwork and exposed levers must have adequate protection; and

      (d)the ground under the platform must be treated to prevent the growth of foliage and must be kept free from any accumulation of water, mud and debris.

    Part 3Certificates of suitability—public weighbridges

    1. Issue of certificate of suitability

      (1)A licensee may apply to the administering authority for a certificate of suitability for a weighbridge.

      Note 1A fee may be determined under the Administration Act, s 12 for this section.

      Note 2If a form is approved under the Administration Act, s 17 for an application, the form must be used.

      (2)On receipt of an application for a certificate of suitability, the administering authority must arrange for an inspector to examine the weighbridge.

      (3)The administering authority must issue a certificate of suitability for the weighbridge if an inspector examines it and finds that—

      (a)it is suitable for use as a public weighbridge because of its type, capacity and strength and the size of its platforms; and

      (b)it is so positioned that a vehicle using it may enter and leave the platforms without reversing; and

      (c)it otherwise complies with the requirements of this regulation.

    2. Duration of certificate of suitability

      (1)Except during any period of suspension, or unless it is sooner surrendered or cancelled, a certificate of suitability remains in force—

      (a)until the end of the period of 12 months that next succeeds its date of issue; or

      (b)as provided by subsection (2).

      (2)If application is made for a new certificate of suitability before, but not more than 1 month before, the date that is 12 months after the date of issue of its predecessor but is not finally dealt with before that later date, the previous certificate continues in force until the new certificate is issued or the application is refused.

      (3)The date of issue of a new certificate of suitability must be considered to be the date that is 12 months after the date of issue of its predecessor (even if it is issued before or after that later date) and the new certificate must be dated accordingly.

      (4)If a weighbridge is relocated, its certificate of suitability ceases to have effect.

    3. Duplicate certificate of suitability

      (1)If the administering authority is satisfied that a certificate of suitability has been lost, destroyed or made useless by damage, the administering authority may issue a duplicate of the certificate.

      NoteA fee may be determined under the Administration Act, s 12 for this section.

      (2)A duplicate certificate issued under subsection (1) has the same effect as the original certificate.

    4. Suspension or cancellation of certificate of suitability

      (1)The administering authority may, by written notice served on the licensee personally or by post, suspend the certificate of suitability for a weighbridge if the administering authority, after examination of the weighbridge by an inspector, is of the opinion that any application for a new certificate for the weighbridge made at the time of the examination would have been refused.

      (2)The administering authority may end a suspension after a further examination of the weighbridge by an inspector.

      NoteA fee may be determined under the Administration Act, s 12 for this section.

      (3)A suspension may be ended unconditionally or after compliance with specified conditions, whether or not including conditions about time for compliance.

      (4)If conditions imposed under section (3), or added or amended under paragraph (a), are not complied with, the administering authority may, by written notice served on the licensee—

      (a)amend or add to the conditions; or

      (b)cancel the certificate.

      (5)The administering authority may, instead of suspending a certificate, impose conditions under which the certificate will continue in force, including a condition requiring a further examination of the weighbridge.

      NoteA fee may be determined under the Administration Act, s 12 for this section.

    5. Return of cancelled certificate

      If a certificate of suitability issued to a licensee is cancelled, the licensee (whether or not still holding a licence) commits an offence unless the certificate is given to the licensing authority not later than 7 days after its cancellation.

      Maximum penalty:  2 penalty units.

    6. Register of certified weighbridges

      The administering authority must maintain a register of weighbridges for which a certificate of suitability is current and must enter in the register—

      (a)the location of the weighbridge and particulars of its certification; and

      (b)a number allotted by the administering authority as the registered number for the weighbridge; and

      (c)any other particulars that the administering authority considers appropriate.

    Part 4Public weighbridges—licensees and operators

    1. Condition of licence

      It is a condition of a licence that the licensee—

      (a)must do everything that the Act require to be done by the licensee; and

      (b)must not do anything that the Act require the licensee to refrain from doing.

      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. Sign and certificate to be exhibited

      A licensee must exhibit in view of the public at each weighbridge made available under the authority of the licence—

      (a)words and figures not less than 100mm high and of proportionate breadth, and in clear contrast with their background, that read ‘Registered Public Weighbridge


      No       ’ showing the registered number; and

      (b)properly protected, the certificate of suitability for the weighbridge.

    3. Tare books and measurement tickets

      (1)A licensee must provide tare mass books and measurement tickets at each weighbridge made available under the authority of the licence.

      NoteIf a form is approved under the Administration Act, s 17 for the tare mass books or measurement tickets, the form must be used.

      (2)The measurement tickets provided by a licensee—

      (a)must be printed and bound in books, or provided in approved pads, containing original tickets and provision for at least 1 copy of each original; and

      (b)must be numbered consecutively with each copy ticket bearing the same number as its original; and

      (c)must have the word ‘original’ printed on each original ticket and the word ‘duplicate’ on each copy ticket.

      (3)The licensee must ensure that a copy of the relevant measurement ticket is issued to a customer of the licensee and the licensee must keep for at least 12 months all original tickets (whether or not a copy has been issued) and all unissued copy tickets.

      (4)A licensee must, immediately after a pad of measurement tickets has been completely used, permanently make up in book form (by stapling or other suitable means) all originals and copies kept under subsection (3) from the used pad.

      (5)A licensee must, on being required by an inspector to do so, produce original and copy tickets kept under subsection (3).

    4. General duties of licensee

      A licensee who makes a weighbridge available as a public weighbridge must ensure that—

      (a)the weighbridge is kept truly balanced, that the platforms are kept clean and that the space between the frame and the platforms is kept free from obstructions; and

      (b)measurement of a vehicle or livestock brought to the weighbridge is not refused during normal trading hours in the area unless the capacity of the weighbridge is insufficient or advance payment of the charge is required but not made; and

      (c)due care is exercised in deciding a measurement by use of the weighbridge; and

      (d)entries are made in the tare mass book, and measurement tickets are completed and copies issued, with due care and in accordance with this regulation; and

      (e)on demand made at the weighbridge at any reasonable time by an inspector or other interested person, there is produced the original of any measurement ticket relating to a measurement made by use of the weighbridge during the previous 12 months; and

      (f)the administering authority is informed, and the weighbridge is withdrawn from use, if the licensee knows, or has reason to believe, that a measurement made by use of the weighbridge would be incorrect.

    5. Duties of operator

      An operator of a public weighbridge is guilty of an offence if the operator—

      (a)fails to comply with a requirement of schedule 1 when the weighbridge is in use for public weighing; or

      (b)alters the original of a measurement ticket after a copy of it has been issued; or

      (c)issues a measurement ticket that is not a correct copy of the original; or

      (d)removes from a book, or issues, an original measurement ticket; or

      (e)removes, or permits to be removed, from a book an unused measurement ticket; or

      (f)uses the weighbridge for public weighing when the operator knows, or has reason to believe, that the weighbridge is incorrect.

      Maximum penalty: 20 penalty units.

    6. Notification by licensee of change of particulars

      A licensee must notify the licensing authority in writing of—

      (a)any change in the address for the service of notices on the licensee; and

      (b)the full name and home address of each person who starts or ceases to be employed by the licensee to operate any weighbridge made available under the authority of the licence;

      and must do so not later than 14 days after the event.

    7. Vehicle registration weighing—exemption from licensing etc.

      (1)If a public weighbridge is used only to measure the tare mass of a vehicle for registration purposes, that use is not considered to be use as a public weighbridge for the Act, section 43 so long as—

      (a)the operator of the weighbridge issues a written statement of the mass measured; and

      (b)that statement is marked with the words ‘FOR REGISTRATION PURPOSES ONLY’ in prominent capital letters at least 5mm high.

      (2)Section 25 does not apply to the operator of a weighbridge to which subsection (1) applies.

    1. Register of licences

      For the Act, section 47 the prescribed particulars to be kept in a register by the licensing authority for each licence are as follows:

      (a)the number of the licence and the date of its issue;

      (b)the name of the licensee and the address where notices may be served personally on the licensee;

      (c)particulars of any conditions to which the licence is subject imposed under the Act, section 48;

      (d)any other particulars that the licensing authority considers desirable.

    Part 5End-and-end weighing

    1. Prohibited for public weighbridges

      If a public weighbridge is used for public weighing to decide an


      end-and-end measurement, the licensee and operator of the public weighbridge each commit an offence.

      Maximum penalty:  20 penalty units.

    2. Restrictions in other cases

      (1)A person who uses for trade a weighbridge to decide an end-and-end measurement commits an offence unless subsection (2) is complied with.

      Maximum penalty: 20 penalty units.

      (2)This subsection is complied with if—

      (a)use of the weighbridge is not use for public weighing; and

      (b)the wheelbase of the vehicle concerned is—

      (i)longer than the length of the platform of the weighbridge or, if the weighbridge has 2 or more platforms, the total of the lengths of the platforms; and

      (ii)shorter than the total of the length, or total length, found under subparagraph (i) and the length of the shorter, or, if their lengths are the same, of either, of the approaches to the platform or platforms; and

      (c)the approaches have a smooth and level surface that is paved with concrete or other approved material and is in the same horizontal plane as the top of the platform or platforms; and

      (d)the perimeter of the approaches is clearly indicated by painted marks or by other approved means; and

      (e)at all times during the measuring—

      (i)the wheels on 1 or more of the axles are located on the platform or platforms and the wheels on the other axles are located within the indicated perimeter of the approaches; and

      (ii)the brakes, gears and any other means capable of restricting the free movement of the vehicle are disengaged.

    Part 6Miscellaneous

    1. Fraudulent activities of licensee or operator

      A licensee or operator of a weighbridge commits an offence if the licensee or operator—

      (a)knowingly permits, assists in, or connives at, a fraud in relation to the measurement of anything by using the weighbridge or the issue of a measurement ticket; or

      (b)makes, or connives at the making of, a representation known by the licensee or operator to be false in relation to the measurement of anything by means of the weighbridge; or

      (c)knowing of any fraudulent proceeding in relation to the measurement of anything by means of the weighbridge, fails to impart that knowledge to an inspector as soon as practicable.

      Maximum penalty: 20 penalty units.


    Schedule 1Duties of operator of public weighbridge

    (see s 25)

    1.1Due care to be exercised

    An operator must exercise due care in the exercise of his or her functions under the Act.

    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).

    1.2Entry in tare mass book

    An operator who measures the tare mass of a vehicle without issuing a measurement ticket must immediately enter in the tare mass book consecutively in the order in which each tare mass is measured the particulars required by the form of the book.

    1.3Measurement tickets—completion and issue

    (1)An operator—

    (a)must complete and issue a measurement ticket only in the form appropriate for the measurement made and in accordance with the particulars required by the form and this regulation; and

    (b)must, except for a tare mass entered in the tare mass book, complete a measurement ticket in its numerical order in the book or pad immediately after finding a measurement by use of the weighbridge; and

    (c)must issue a measurement ticket immediately after its completion unless it is required to be kept after cancellation or for issue under section 5 (2) (a); and

    (d)must not complete or issue a measurement ticket except for the purpose of complying with paragraph (b) or (c) or section 5 (2) (a); and

    (e)in completing a measurement ticket for 2 linked but separately registered vehicles, must enter the registration figures and letters for both vehicles; and

    (f)must include in each measurement shown on a measurement ticket for a vehicle the measurement of the load supported by all axles.

    (2)An operator who makes an error in completing a measurement ticket must forthwith cancel, and keep in the book or pad, the measurement ticket and the duplicate or duplicates forming part of the book or pad.

    (3)An operator must, by the use of carbon paper or other effective means, make each duplicate that forms part of a book or pad of measurement tickets an exact copy of the original ticket completed by the operator.

    (4)An operator must not issue a measurement ticket that includes any matter additional to that required by this regulation unless the additional matter—

    (a)appears in a margin, at the foot, or on the reverse side, of the ticket; and

    (b)is not inconsistent with, and does not qualify, the meaning or accuracy of the information on the ticket.

    1.4Issue of measurement ticket—tare mass only

    An operator who issues a measurement ticket recording only the tare mass of a vehicle must alter the measurement ticket—

    (a)by striking out the words ‘gross mass’ and ‘net mass’ on the ticket and writing in their place the words ‘tare mass only’; and

    (b)by stamping across the face of the ticket the words ‘TARE MASS ONLY’ in prominent capital letters not less than 5mm high.

    1.5Issue of measurement ticket—loaded vehicle

    (1)An operator who measures the mass of a loaded vehicle of which the tare mass has been decided must immediately complete and issue an appropriate measurement ticket.

    (2)An operator who measures the mass of a loaded vehicle of which the tare mass has not been decided must—

    (a)immediately record the gross mass on the next consecutive measurement ticket and issue the ticket only after the tare mass of the vehicle has been decided; or

    (b)issue a measurement ticket on which the gross mass has been recorded after—

    (i)striking out the words ‘tare mass’ and ‘net mass’ on the ticket and writing in their place the words ‘gross mass only’; and

    (ii)stamping across the face of the ticket the words ‘GROSS MASS ONLY’ in prominent capital letters not less than 5mm high.

    (3)An operator must not enter tare mass on the measurement ticket for a loaded vehicle unless the operator copies the tare mass from—

    (a)an entry made in the tare mass book; or

    (b)a tare mass measurement ticket issued;

    not more than 24 hours earlier by the same operator or another operator using the same weighbridge or another weighbridge on the same premises.

    1.6Axle load measurement

    (1)If the measurement to be made is not an end-and-end measurement but is only for the purpose of issuing a measurement ticket showing each load supported by separate axles, or groups of axles, of a vehicle, the operator of the weighbridge must ensure that subsection (2) is complied with.

    (2)This subsection is complied with if—

    (a)the approaches to the weighbridge have a smooth and level surface that is paved with concrete or other approved material and is in the same horizontal plane as the top of the platform or platforms; and

    (b)the perimeter of the approaches is clearly indicated by painted marks or by other approved means; and

    (c)at all times during the measuring—

    (i)the wheels on 1 or more of the axles are located on the platform or platforms and the wheels on the other axles are located within the indicated perimeter of the approaches; and

    (ii)the brakes, gears and other means capable of restricting the free movement of the vehicle are disengaged.

    1.7Copies of measurement tickets

    (1)If required to do so by—

    (a)a buyer or seller of goods of which the measurement has been found by use of a weighbridge; or

    (b)any other person who has an interest in the goods;

    the operator of the weighbridge must, on payment of the licensee’s fee, supply a copy of the measurement ticket.

    (2)An operator must not supply a copy of a ticket under subsection (1) unless the copy complies with subsection (3) or (4).

    (3)A copy of a measurement ticket complies with this subsection if it is issued from a book or pad of measurement tickets after being amended—

    (a)by striking out its number and writing nearby the words ‘Copy of ticket No     ’ (quoting the number of the ticket of which it is a copy); and

    (b)by stamping across the face of the ticket the words ‘COPY ONLY’ in prominent capital letters not less than 5mm high.

    (4)A copy of a measurement ticket complies with this subsection if it is issued from a book or pad printed in a form approved for the purpose of making those copies that includes on its face the words ‘COPY ONLY’ in prominent capital letters not less than 5 mm high.

    (5)Except for any requirement about time and except for any inconsistency with this section, this regulation applies in relation to a copy measurement ticket in the same way as they apply to the ticket of which it is a copy.

    1.8Inspector may require measurement to be made

    An operator must, if required to do so by an inspector exercising the functions of an inspector, make without charge a measurement relating to a loaded or unloaded vehicle.


    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

    ·     home address

    ·     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

    ·     public weighbridge

    ·     seller.

    approved means approved by the administering authority.

    certificate of suitability, in relation to a weighbridge, means a certificate issued by the administering authority for the Act, section 50 (1) (a) to the effect that the weighbridge is suitable for use as a public weighbridge.

    end-and-end measurement means deciding a measurement relating to a vehicle (whether loaded or not) by adding together separate measurements of the mass supported singly or in combination by the different axles of the vehicle, those separate measurements having been decided by separate operations of a weighbridge.

    licence means a public weighbridge licence.

    operator means the person who personally decides a measurement by use of a weighbridge.

    public weighing means the use of a weighbridge by or on behalf of the public or for which a charge is made.

    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 (Weighbridges) Regulations.  It was renamed under the Legislation Act 2001.

      Trade Measurement (Weighbridges) Regulation 1991 No 30

      notified 1 November 1991 (Gaz 1991 No S125)

      commenced 1 November 1991 (s 2 and see Gaz 1991 No S125)

      as amended by

      Legislation (Consequential Amendments) Act 2001 No 44 pt 389

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)

      pt 389 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Trade Measurement (Weighbridges) Amendment Regulations 2002 (No 1) SL2002-38

      notified LR 12 December 2002
      s 1, s 2 commenced 12 December 2002 (LA s 75 (1))

      remainder commenced 13 December 2002 (s 2)

      Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.104

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

      sch 3 pt 3.104 commenced 12 April 2007 (s 2 (1))

      Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.78

      notified LR 26 November 2009
      s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

      sch 3 pt 3.78 commenced 17 December 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 1am R1 LA; R3 LA

      Dictionary

      s 2om 2001 No 44 amdt 1.4068

      ins A2007-3 amdt 3.519

      Notes

      s 3defs reloc to dict A2007-3 amdt 3.518

      sub A2007-3 amdt 3.519

      def of the Act om 2001 No 44 amdt 1.4069

      Issue of certification of suitability

      s 15am 2001 No 44 amdt 1.4070

      Duplicate certificate of suitability

      s 17am 2001 No 44 amdt 1.4071, amdt 1.4072

      Suspension or cancellation of certificate of suitability

      s 18am 201 No 44 amdt 1.4073, amdt 1.4074

      Return of cancelled certificate

      s 19am 2002 No 38 s 4

      Condition of licence

      s 21am 2001 No 44 amdt 1.4075, amdt 1.4076

      Tare books and measurement tickets

      s 23am 2001 No 44 amdt 1.4077

      Duties of operator

      s 25am 2002 No 38 s 5

      Notification by licensee of change of particulars

      s 26am A2009-49 amdt 3.198

      Prohibited for public weighbridges

      s 29am 2002 No 38 s 6

      Restrictions in other cases

      s 30am 2002 No 38 s 7

      Fraudulent activities of licensee or operator

      s 31am 2002 No 38 s 8

      Duties of operator of public weighbridge

      sch 1ss renum R3 LA

      Forms of tare mass book

      sch 2om 2001 No 44 amdt 1.4078

      Forms of measurement tickets

      sch 3om 2001 No 44 amdt 1.4078

      Dictionary

      dictins A2007-3 amdt 3.520

      am A2009-49 amdt 3.199

      def approved reloc from s 3 A2007-3 amdt 3.518

      def certificate of suitability reloc from s 3 A2007-3 amdt 3.518

      def end-and-end measurement reloc from s 3 A2007-3 amdt 3.518

      def licence reloc from s 3 A2007-3 amdt 3.518

      def operator reloc from s 3 A2007-3 amdt 3.518

      def public weighing reloc from s 3 A2007-3 amdt 3.518

    3. 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

    Amendments to

    Republication date

    1 Act 2001 No 44 8 January 2002
    2 SL2002-38 13 December 2002
    3 SL2002-38 3 November 2004
    4 A2007-3 12 April 2007
    5 A2009-49 17 December 2009
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