Untitled document

Trade Measurement (Amendment) Act 2000

Act No. 17/2000

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Definitions	2
4.	New sections 3A and 3B inserted	2

3A.	Determining certain quantities	2
3B.	References to functions	3

5.	Inspector's notice to remedy contravention	3
6.	New sections 7A and 7B inserted	4

7A.	Use of class 4 measuring instruments	4
7B.	Use of measuring instruments for pre-packed articles	5

7.	Amendments to section 8	5
8.	Amendment to section 9	6
9.	Amendments to section 10	6
10.	Incorrect measurement	6
11.	Measurement of pre-packed articles	7
12.	Servicing licence	7

42. Requirement for servicing licence 7

13.	Joint application for licence	7
14.	Appeals	8
15.	Amendment to section 60	8
16.	Amendment to section 61	9
17.	Amendments to section 62	9
18.	Batch number	9
19.	Amendment to section 80	10
20.	Insertion of new section 14 in the Trade Measurement
(Administration) Act 1995	10

14. Appeals tribunal 10

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NOTES 11

i

Victoria

No. 17 of 2000

Trade Measurement (Amendment) Act

2000†

[Assented to 9 May 2000]

The Parliament of Victoria enacts as follows:

1. Purposes

The purposes of this Act are—

(a)	to amend the Trade Measurement Act 1995 to adopt nationally agreed reforms; and
(b)	to make minor amendments to the Trade Measurement Act 1995 and the Trade Measurement (Administration) Act 1995 relating to applications for review to the Victorian Civil and Administrative Tribunal.

Trade Measurement (Amendment) Act 2000

s. 2 Act No. 17/2000

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Definitions

No. 59/1995.	In section 3(1) of the Trade Measurement Act
Reprint No. 1
as at	1995—
1 September

1999.   (a) insert—

' "class 4 measuring instrument" means a

measuring instrument of an approved
pattern that—

(a)	has not less than 100 but not more than 1000 verification scale intervals, each of which is not less than 5 grams; and
(b)	oval of any shape, or 2 parallel horizontal lines that are joined at

is marked with a symbol that is an 4 vertical lines in it;';

(b)

for the definition of "measurement" ' "measurement" means a determination of

number or physical quantity, other than

for descriptive purposes only;'.

4. New sections 3A and 3B inserted

For section 3(2) and (3) of the Trade Measurement Act 1995 substitute— "3A. Determining certain quantities

For the purposes of this Act—

(a) time interval not related to the calendar is a physical quantity; and

Trade Measurement (Amendment) Act 2000

Act No. 17/2000 s. 5

(b)	time interval related to the calendar is not a physical quantity; and
(c)	any packaging or other thing that is not part of an article is to be disregarded when determining a physical quantity.

3B. References to functions

In this Act—

(a)	a reference to a function includes a reference to a power, authority and duty; and
(b)	a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the

duty.".

5. Inspector's notice to remedy contravention

For section 7(3) and (4) of the Trade Measurement Act 1995 substitute— "(3) If an inspector finds a measuring instrument

that is being used in contravention of sub-
section (1) or (2), the inspector may give to
the owner or user of the measuring

instrument a written notice—

(a) stating the measuring instrument—

(i)  does not have an inspector's mark or a licensee's mark on it; or

(ii) for a weighbridge—does not
comply with stated requirements
of the regulation relating to
weighbridges; and

Trade Measurement (Amendment) Act 2000

s. 6 Act No. 17/2000

(b) requiring the person to remedy the contravention within a stated period of not more than 28 days.

(4) If the person complies with the notice, the

person is taken not to have committed an
offence against this section in relation to the

circumstances to which the notice relates.

(5) This section does not apply to the use of a

measuring instrument to determine a

quantity of articles by number of the articles.

(6) The regulations may provide for the

circumstances in which the use for trade of a measuring instrument that has been repaired or modified, or commissioned, is permitted even though it does not bear an inspector's mark or a licensee's mark, pending its

verification or certification.".

6. New sections 7A and 7B inserted

After section 7 of the Trade Measurement Act
1995 insert—
"7A. Use of class 4 measuring instruments

A person must not use a class 4 measuring instrument for trade, other than—

(a) as airport baggage scales; or

(b) for freight scales with a capacity of up to 2000 kg; or

(c) for weighing garbage; or

(d) for weighing earth, sand, gravel or other similar material; or

(e) as a crane-weigher; or
(f) for weighing timber in log form; or

Trade Measurement (Amendment) Act 2000

Act No. 17/2000 s. 7

(g) for another purpose prescribed under a regulation.

Penalty:

(a) if the class 4 measuring instrument is a weighbridge—100 penalty units;

(b) in any other case—50 penalty units.

7B. Use of measuring instruments for pre-

packed articles

A person must not use a measuring
instrument for measuring pre-packed articles
on premises in which articles are pre-packed
unless at least 1 measuring instrument on the
premises is approved for trade use under the
National Measurement Act, complies with
this Act, and is suitable for measuring the
articles to be pre-packed.

Penalty: 50 penalty units.".

7. Amendments to section 8

(1) In section 8(1) of the Trade Measurement Act

1995 omit "or unjust".

(2) For section 8(4) of the Trade Measurement Act

1995 substitute—
"(4) If an inspector finds a measuring instrument

being used for trade that is incorrect or is
being used in a way that is unjust, the
inspector may give to the owner or user of

the measuring instrument a written notice—

(a) stating—

(i) the measuring instrument is
incorrect; or

(ii)  the way the person is using it is unjust; and

Trade Measurement (Amendment) Act 2000

s. 8 Act No. 17/2000

(b) requiring the person to take stated steps to stop contravening the relevant sub- section within a stated period, of not more than 28 days.

(5) If the person complies with the notice, the

person is taken not to have committed an
offence against this section in relation to the
circumstances to which the notice relates.

(6) If a person commits an offence against this

section, any contract to which the person is a
party and which is made by reference to a
measurement to which the offence relates is
voidable at the option of another party to the
contract.".

8. Amendment to section 9

In section 9(1) of the Trade Measurement Act

1995 omit "or unjust".

9. Amendments to section 10

(1) In section 10(1) of the Trade Measurement Act 1995, for "of reference standards of measurement as may be" substitute "and denominations of

reference standards of measurement as the
administering authority decides are".

(2) In section 10(2) of the Trade Measurement Act 1995, after "classes" insert "and denominations, decided by the administering authority,".

10. Incorrect measurement

In section 23 of the Trade Measurement Act

1995—

(a)	after "operates the measuring instrument" insert "or decides the measurement";
(b)	in paragraph (a), for "the other party to the sale" substitute "any other person who is a party to a sale of the article".

Trade Measurement (Amendment) Act 2000

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Act No. 17/2000

11. Measurement of pre-packed articles

In section 31(1) of the Trade Measurement Act 1995, after "reference to the measurement of the article" insert "(without any packaging or other thing that is not part of the article)".

12. Servicing licence

For section 42 of the Trade Measurement Act
1995 substitute—
"42. Requirement for servicing licence

(1) A person must not test a batch of measuring instruments or certify or purport to certify a measuring instrument unless the person is

the holder of a servicing licence or an employee of the holder of a servicing licence.

Penalty: 200 penalty units.

(2) A person who is the holder of a servicing licence, or an employee of the holder of a servicing licence, must comply with the

conditions of the licence.

Penalty: 200 penalty units.

(3) It is a defence in proceedings against an

employee of a licensee in respect of a failure
to comply with a condition of a servicing
licence if the employee establishes that the
licensee failed to make the employee aware

of the condition.".

13. Joint application for licence

Trade Measurement (Amendment) Act 2000

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For section 44(2) and (3) of the Trade Measurement Act 1995 substitute— "(2) However, if 2 or more persons who carry on

business together as partners join in making
an application, the licensing authority may
only grant a single licence to the joint
applicants.

(3) The application must be accompanied by the

application fee prescribed under the
Administration Act.

(4) The licensing authority may require an

applicant to provide specified particulars (in
writing) and documents relating to the
application, and may refuse the application if

they are not provided.".

14. Appeals

(1) For the heading to Division 4 of Part 6 of the

Trade Measurement Act 1995 substitute—

"Division 4—Appeals".

(2) In section 59 of the Trade Measurement Act

1995—

(a)	in sub-section (1), for "apply to the Victorian Civil and Administrative Tribunal for review of" substitute "appeal to the appeals tribunal under the Administration Act against".
(b)	in sub-section (2) for "An application for review must be made" substitute "An appeal must be commenced".

15. Amendment to section 60

Trade Measurement (Amendment) Act 2000

Act No. 17/2000

In section 60(1)(b) of the Trade Measurement
Act 1995, for "the inspector to enter and search it;
and" substitute—

"the inspector—

(i) to enter and search it; or

(ii) to weigh or measure it and its load; and".

16. Amendment to section 61

After section 61 of the Trade Measurement Act
1995 insert—

"(2) Also, the inspector may record the details of

any measuring instrument that is examined
or tested under this section in the way the
inspector considers appropriate, including by

filming or photographing.".

17. Amendments to section 62

(1) In section 62(1)(a) of the Trade Measurement
Act 1995, after "examine" insert "and measure".

(2) After section 62(3) of the Trade Measurement

Act 1995 insert—

"(4) Also, the inspector may record the details of

any article that is examined or measured
under this section in the way the inspector
considers appropriate, including by filming

or photographing.".

18. Batch number

(1) In section 76(1), (2) and (3) of the Trade

Measurement Act 1995 omit "prima facie".

(2) For section 76(4) of the Trade Measurement Act

1995 substitute—

'(4) A batch number on a pre-packed article is

evidence of the matters indicated by the
number, including for example, the date and

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place the article was packed and who packed

it.

(5) The fact that an article contained in a

package is found exposed for sale or in the possession of a person for sale is evidence that the article is a pre-packed article.

(6) In this section, "batch number" means a number marked on a pre-packed article in accordance with a system of numbers, letters

or symbols or any combination of numbers,
letters and symbols, used by the person
packing the article to mark the article to
indicate when and where it was packed and

who packed it.'.

19. Amendment to section 80

In section 80(2)(g) of the Trade Measurement
Act 1995, before "verified" insert "certified,".

20. Insertion of new section 14 in the Trade Measurement (Administration) Act 1995

No. 60/1995.	After section 13 of the Trade Measurement
Reprint No. 1
as at	(Administration) Act 1995 insert—
12 August
1999.	"14. Appeals tribunal (1) For the purposes of section 59 of the Trade

Measurement Act 1995, the appeals
tribunal is the Victorian Civil and

Administrative Tribunal.

(2) If a provision of the Victorian Civil and

Administrative Tribunal Act 1998 is
inconsistent with a provision of the Trade
Measurement Act 1995 or of this Act, the
provision of the Trade Measurement Act

1995 or of this Act prevails.".

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Trade Measurement (Amendment) Act 2000

Act No. 17/2000 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 16 March 2000

Legislative Council: 12 April 2000

The long title for the Bill for this Act was "to amend the Trade
Measurement Act 1995 to adopt nationally agreed reforms, to make
minor amendments to that Act and the Trade Measurement
(Administration) Act 1995 and for other purposes."