Weights and Measures Act Amendment Act 1965 (WA)

No. 64.] Weights and Measures. [1965.

WEIGHTS AND MEASURES.

No. 64 of 1965.

AN ACT to amend the Weights and Measures

Act, 1915-1964.

[Assented to 19th November, 1965.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Weights

and Measures Act Amendment Act, 1965.

Reprinted in

Appendix to	(2) In this Act the Weights and Measures Act,
the 1926

Sessional	1915-1964, is referred to as the principal Act.
Volume or

Statutes and	(3) The principal Act as amended by this Act
amended by

Acts Nos. 7

may be cited as the Weights and Measures Act,

of 1941, 26

or 1958 and

1915-1965.

78 of 1964.

ment.

Commence-

2. (1) Subject to subsection (2) of this section,

this Act shall come into operation on a date to be

fixed by proclamation.

1965.] Weights and Measures. [No. 64.

(2) It shall not be necessary to proclaim that the whole Act shall come into operation on one day, but the several sections and paragraphs of this Act may be proclaimed to come into operation on such days as are respectively fixed. by proclamation.

3.    Section two of the principal Act is amended amended.

by substituting for the figures, "17." in line three,

the passage, "17A.".

4.    Section four of the principal Act is amended— ?meads,,

(a) by adding after the interpretation, "Com- monwealth legal unit of measurement", the following interpretation

"Commonwealth regulations" means the regulations made from time to time and in force under the Common- wealth Act. ;

(b)	by deleting the interpretations, "Minister", "Prescribed" and "Regulation";
(c)	by adding after the interpretation, "Schedule", the following interpretation

"Secretary for Labour" means the person for the time being holding the position of Secretary for Labour in the Government Department known as the Department of Labour. ;

(d) by adding immediately b e f ore the interpretation, "The court", the following interpretation

"Subsidiary standard of measurement" means a standard of measurement that is a subsidiary standard of measurement within the meaning of the Commonwealth Act. ; and

(e) by adding after the interpretation, "Weigh- man", the following interpretation

"Working standard of measurement" means a standard of measurement that is a working standard of measurement within the meaning of the Commonwealth Act. .

No. 64.1 Weights and Measures. [1965.

Ss. 5, 7 and

amended. 5. The principal Act is amended by substituting the words "Secretary for Labour" for the words, "Commissioner of Police" in

(a)	line two of section five;
(b)	line one of section seven; and

(c) line one of section eight,

in each case.

Part II

repealed and	6. Part II of the principal Act is repealed and
Part sub-

stituted. the following Part substituted

PART II.—STANDARDS AND UNITS.

Standards.

Standards of

measurement	9. The Minister may arrange for the provision and maintenance of such working standards of measurement and subsidiary standards of measurement as are necessary to provide means by which, for the purposes of this Act, measurements may be made in terms of Commonwealth legal units of measurement.
to be
provided.
Primary

(1) Every working standard of measure- ment that is provided and maintained pursuant to section nine of this Act is a standard weight or, as the case may be, a standard measure of the State, and shall for the purposes of this Act be known as a Primary State Standard.

State 10.

Standards.

(2) The Minister shall cause to be published in the Government Gazette notice of any working standards of measurement that are provided pursuant to section nine of this Act.

Subsidiary Standards.

Secondary

State	11. A subsidiary standard of measurement that is provided and maintained pursuant to section nine of this Act and having a denomina- tion referred to in the first column of Part I of Schedule A to this Act, the true value of which is calculated not to be greater or less than its value as ascertained on verification or
Standards.

1965.1 Weights and Measures. [No. 64.

reverification by an amount exceeding the amount of variation specified opposite to that denomination in the second column of that Part, shall for the purposes of this Act be known as a Secondary State Standard.

12. A subsidiary standard of measurement ZtraY

that is provided and maintained pursuant to Standards.

section nine of this Act and having a denomina- tion referred to in the first column of Part I of Schedule A to this Act, the true value of which is calculated not to be greater or less than its value as ascertained on verification or reveri- fication by an amount exceeding the amount of variation specified opposite to that denomination in the third column of that Part, shall for the purposes of this Act be known as a Tertiary State Standard.

not being a Secondary State Standard or a Standards. 13. A subsidiary standard of measurement, Inspector's

Tertiary State Standard, that is provided and maintained pursuant to section nine of this Act and having a denomination referred to in the first column of Part II of Schedule A to this Act that on verification or reverification is found not to be greater or less than its denomination by an amount exceeding the amount of permissible variation specified opposite to that denomination in the second column of that Part and deemed by the Commonwealth regulations to be of a value equal to its denomination, shall for the purposes of this Act be known as an Inspector's Standard.

(1) Unless its size or nature renders Inspector's

14. stamping impracticable, or it is exempted by

to?

stomped. . be d

the regulations, every Inspector's Standard

shall be stamped as prescribed.

(2) The impression of the stamp referred to in this section on a weight or measure is evidence that the weight or measure is an Inspector's Standard.

No. 64.] Weights and Measures. [1965.

Verification of Standards.

Use of

standards	15. A standard of measurement provided Act that has not been verified, or has not been reverified, as provided by the Commonwealth Act or, as the case may be, the Commonwealth regulations, shall not be used for the purposes of this Act.
prohibited
unless	and maintained pursuant to section nine of this
verified.

Falsifying Standards.

Falsifying

standards	16. Any person who falsifies or wilfully or maliciously damages or destroys any standard provided and maintained under this Act commits an offence against this Act.
an offence.

Penalty: One hundred pounds.

Units.

Units of

weight and 17. The units of weight and measure are the

measure.

units of measurement prescribed by and under

the Commonwealth Act from time to time.

Amending of Schedule A.

Governor

may amend	17A. (1) The Governor may from time to to this Act by adding to or deleting from any column of that Schedule any denomination, value or other item, or by altering any denomination, value or other item in any such column.
Schedule A
by Order in	time by Order in Council amend Schedule A
Council.
(2) Notice of every amendment made pursuant to subsection (1) of this section shall be published in the Government Gazette and thereupon Schedule A to this Act, as so amended, shall have force and take effect as if the amendment effected by the Order in Council had been enacted in this Act. .
S. 19

amended. 7. Section nineteen of the principal Act is

amended

(a) by inserting after the word, "weight" in line two of subsection (1), the words, "or by metric weight";

19651 Weights and Measures. [No. 64.

(b) by substituting for paragraph (c) of subsection (1), the following paragraph

(c) drugs shall be sold only by metric weight or metric measure of capacity. ;

(c)	by substituting for the word, "customary" in line two of the proviso to subsection (2), the word, "short"; and
(d)	by substituting for the word, "hundred- weight" in line three of the proviso to subsection (2), the word, "cental".

8. Section twenty-one of the principal Act is	8.21
amended.

amended by repealing subsection (6).

9. Section twenty-two of the principal Act is	s.22
repealed and

repealed and the following section substituted-	section
substituted.

22. (1) Subject to this section, any person Penaltyin case of

who sells, whether by wholesale or retail, any

packages

where

article in a package on which or on a label

weight, etc., incorrectly

attached to which the weight, measure or

stated.

number of the article in the package is incorrectly stated, commits an offence against this Act.

(2) A person is not liable for a contravention

of subsection (1) of this section if

(a)	he purchased such article in a package on which or on a label attached to which is written a statement of the weight, measure or number of the article in the package together with the name and address of the packer of the article, and such package and label (if any) are in the same state as when purchased by him; and
(b)	the packer of such article or the agent of the packer or of the manufacturer of the article from which agent that person bought the article is resident in Western Australia,

No. 64.] Weights and Measures. [1965.

but such statement shall constitute a warranty by the packer and, where the case so requires, by the agent referred to, that the weight, measure or number of the article in the package is as set out in the statement.

(3) Where any article in a package on which or on a label attached to which is written a statement of the weight, measure or number of the article in the package, together with the name and address of the packer of the article, is sold, any person who appears from that statement to have packed the article, or if that person is not resident in Western Australia, the agent of that person or of the manufacturer of the article, shall

(a)	be deemed to have sold the article to an inspector as on a day and at a place where that inspector purchased, examined, weighed, measured or counted the number of the article; and
(b)	be liable to the same penalty as if he had actually sold the article to the inspector on that day and at that place.

(4) It is a defence to any prosecution under subsection (3) of this section if the person charged shows that

(a)	not being the agent referred to in that subsection, he did not pack the article or cause it to be packed, or being such agent, he did not sell or otherwise deal with the article; or
(b)	the discrepancy between the actual weight, measure or number of the article and the statement thereof on the package or label is due to the act or default of some other person after the article has passed from the control of the person charged.

1965.] Weights and Measures. [No. 64.

(5) Where a firm appears from the written statement on the package or label to have packed the article, or where the agent referred to is a firm

(a)	subsection (4) of this section has effect as if the name or names of the member or members of the firm had appeared on the package or label as the packer of the article; and
(b)	proceedings may be taken and penalties recovered accordingly against any member or members of the firm. .

10.

Section twenty-four of the principal Act is amended by substituting for the passage, ", capable emended'	8-2d
of being easily seen by the purchaser, a suitable weighing instrument or measure" in lines four, five and six, the words, "a suitable weighing instrument or measure of which the weight or measure indications can be easily read by the purchaser".

11. Section twenty-eight of the principal Act is LInded.

amended by repealing subsection (2) and substitut-

ing the following subsection

(2) After the date of the commencement of regulations made under the Commonwealth Act relating to the approval of patterns of instruments as patterns of instruments suitable for use for trade, a weight or measure or a weighing or measuring instrument shall not be verified or stamped pursuant to this Act unless

(a)	it is of a pattern approved by or on behalf of the Commission under those regulations; or
(b)	it is of a type and design in respect of which there is in force an approval given before that date, or in the case of an application for approval that at that date was pending, given after that date, by the Secretary for Labour under the regulations made under this Act. .

No. 64.] Weights and Measures. [1965.

S.20

amended. 12. Section twenty-nine of the principal Act is amended by repealing subsection (1) and re-enacting it with amendments as follows

(1) Every weight, measure, and weighing or measuring instrument used for trade shall be verified and stamped every two years, and if required shall be produced at the office of an inspector for that purpose. .

S.31

amended. 13. Section thirty-one of the principal Act is

amended

(a)	by inserting after the word, "repaired" in line four, the passage, ", or being a fixed weighing or measuring instrument has been removed for installation at another site"; and
(b)	by inserting after the word, "instrument" in the last line, the passage, ", or removing or causing to be removed a fixed weighing or measuring instrument for installation at another site,".

S. 32

amended.

14. Section thirty-two of the principal Act is amended by deleting the passage commencing with the word, "in" in line three down to and including the word, "thereto", being the last word in the section.

S. 35

amended.

15. Section thirty-five of the principal Act is

amended by substituting for the word, "twenty" in

line one of paragraph (f), the words, "one hundred".

S. 39A

added. 16. The principal Act is amended by adding

after section thirty-nine, the following section-

Standards

damaged and	39A. A standard of measurement provided and maintained under this Act that has become defective through use or accident, or that has been broken or repaired, shall not be used for the purposes of this Act unless and until it has been reverified in manner referred to in section fifteen of this Act. .
repaired to
be revel-Med.
S. 40

amended. 17. Section forty of the principal Act is amended by substituting for the word, "twenty" in the last line, the words, "one hundred".

1965.] Weights and Measures. [No. 64.

18. Section fifty-two of the principal Act is !a

amended

(a) by substituting for paragraph (d), the following paragraph

(d) The supply, custody and care of standards of measurement under this Act, the giving of certificates of verification or reverification of any of those standards, and the fees chargeable for verification and for reverification. ;

(b) by adding after paragraph (d), the follow- ing paragraph-

(da) Exempting inspector's standards or classes of inspector's standards from stamping under section fourteen of this Act. ;

(c)

by adding after paragraph (m), the follow- (ma) Prohibiting or restricting the use of

a unit of measurement of a physical quantity prescribed by the Common- wealth regulations either generally or in respect of a transaction or a class of transactions.

(mb) Requiring a transaction or a class of transactions to be made or entered into in terms of a unit of measure- ment of a physical quantity prescribed by the Commonwealth regulations. ;

(d)	by inserting after the word, "repairers" in line two of paragraph (v), the passage, ", and petroleum product measuring instrument repairers";
(e)	by inserting after the word, "repairer" in line four of paragraph (v), the words, "or a licensed petroleum product measuring instrument repairer"; and
(f)	by substituting for the word, "twenty" in line one of paragraph (x), the words, "one hundred".

No. 64.1 Weights and Measures. [1965.

Schedule A

substituted. 19. The principal Act is amended by deleting Schedule A and substituting the following Schedule

SCHEDULE A.

PART I.

Maximum range within which values of the Standard as de-

Denomination of Standard termined on verification or reverification may be expected

to lie

First Column Second Column Third Column

Secondary Tertiary

Standards in the form of rigid bars (scales) State State

Standard Standard

Denominations not exceeding 1 yd. but exceed.

ing 1 ft. .... .. . ... .... ._ + 0 . 0005 in.

Denominations not exceeding 1 ft. but exceeding

1 in. ,-. 0 . 0003 in.

Denominations not exceedin g in. .... .... + 0 . 0009 in.

Denominations not exceeding °1 m. but exceeding

30 cm. + 0012 mm.

Denominations not exceeding 30 cm. but exceed-

ing 25 mm. + 0 . 0075 mm.

Denominations not exceeding 25 mm.	....	± 0-005 mm.
Parts per hundred thousand of

Standards in the form of flexible tapes the nominal value

Denominations exceed- Denominations exceed- it 2—

Mg 33 ft. ing 10 in.

Denominations not ex-- Denominations not ex- ± 5

ceeding 33 ft. but	ceeding 10 m. but
exceeding 10 ft.	exceeding 3 m.

Denominations not ex- Denominations not ex- + 2

ceeding 10 ft. ceeding 3 m.

Secondary Tertiary

Metric Denominations State State

Standard Standard

Parts per million of the nominal

value

Denominations exceeding 5 kg.

+ 9

±

Denominations not exceeding 5 kg. but not less

than 1 kg. i- 3 ± 6

Denominations less than 1 kg. but not less than

100 g. +3 _ + 10

Denominations less than 100 g. but not less than

.... .... .... .... — + 20

1965.] Weights and Measures. [No. 64.

Maximum range within which values of the Standard as de-

Denon ation of S ul termined on verification or reverification may be expected

to lie

First Column Second Column Third Column

Milligrammes

Denominations less than 10 g. but not less than

... .... .-!- 0 . 05 :r 0.2

Denominations less than 1 g. but not less than

100 mg. .i.- 0 . 03 + 0.1

Denominations less than 100 mg. but not less

than10 mg. .... ... .... .... + 0 . 02 + 0•04

Denominations less than 10 mg. + 0 . 02 ....

Secondary Tertiary

Systems in terms of which denominations are

expressed State State

Standard Standard

Parts per million of the nominal

Avoirdupois Troy Grain value

Exceeding 14 Exceeding 100 ....

lb. oz. tr.

Not exceeding Not exceeding

14 lb. but not

100 oz. tr.

less than 2

but not less

lb.

than 20 oz.

tr.

Lees than 2 lb. Less than 20 Not exceeding .t 10

but not less	oz. tr. but	10,000 gr. but
than 2 oz.	not less than	not less than
2 oz. tr.	1,000 gr.

Less than 2 oz. Less than 2 oz. Less than 1,000 + 5 + 20

but not less	tr. but not	gr. but not
than 4 dr.	less than 0 . 2	less than 100
oz. tr.	gr.

Grains

Less than 4 dr.	Less than 0 . 2	Less than 100	+ 0 . 0005	+ 0.002
oz. tr. but	gr. but not
not less than	less than 10
0 . 02 oz. tr.	gr.
Less than 0 . 02	Less than 10	+0.0003	± 0.001
oz. tr. but	gr. but not
not less than	less than 1
0 . 002 oz. tr.	gr.
Less than 1 gr.	+ 0 . 0002	+ 0.0004
but not less
than 0 . 1 gr.

Lessthan 0 . 002	Less than 0 . 1	+ 0 . 0002	....
oz. tr.	gr.

No. 64.] Weights and Measures. [1965.

Maximum range within which values of the Standard as de-

Denomination of Standard termined on verification or reverification may be expected

to lie

First Column Second Column Third Column

Secondary Tertiary

Denominations expressed in metric units State State

Standard Standard

Denominations exceeding 1,000 cc. + 1 ten-thous- + 2 . 5 ten-

andth of the

thousandths

nominal value

of the nom-

inal value

Denominations not exceeding 1,000 cc. but + 1 ten-thous- + 5 ten-thous-

exceeding 50 cc.	andth of the	andths of the
nominal value	nominalvalue

Denominations not exceeding 50 cc. but exceed- + 0 . 005 cc. + 5 ten-thous-

ing 20 cc. andths of the nominal value

Denominations not exceeding 20 cc. ....	+	0 . 005 cc.	+ 0 . 01 cc.
Denominations expressed in gallons, quarts

pints or gills

Denominations exceeding 1 qt. .... ± 1 ten-thous- + 2 . 5 ten-

andth of the

thousandths

nominal value

of the nom-

inal value

Denominations not exceeding 1 qt. but exceed. + 1 ten-thous- + 5 ten-thous-

ing 2 fl. oz.	andth of the	andths of the
nominal value	nominal value

Denominations not exceeding 2 ft oz. but ex- + 0 . 1 mm. + 1 thous- andth of the nominal value

ceeding 2 fluid drachms

Denominations not exceeding 2 fluid drachms	+ 0 . 1 min.	+	0 . 15 min.
Secondary	Tertiary

Metric Carat Denominations State State

Standard Standard

Parts per million of the nominal

value

Denominations less than 5,000 CM. but not less _ + 3

than 500 CM.

Denominations less than 500 CM. but not less ± 5

than 50 CM.

Mi higr es

Denominations less than 50 CM. but not less + 0.05

than 5 CM. (± 0 . 25 CM.)

Denominations less than 5 CM. but not less than + 0.02

0 . 5 CM. ( + 0 . 1 CM.)

Denominations less than 0 . 5 CM. but not less + 0.01

than 0 . 05 CM. (+ 0 . 05 CM.)

1965.] Weights and Measures. [No. 64.

PART II.

Maximum permissible variation of

Denomination of Standard Inspector's Standard from denomina- tion on verification or reverification

First Column Second Column

Denominations expressed in metric units	Maximum variation in millimetres
Denominations exceeding 1 m.	One-tenth of the denomination in

metres.

Denominations not exceeding 1 m. but One-tenth of the cube root of the

exceeding 1 mm. denomination in metres.

Denominations not exceeding 1 ram. ....	0-01.
Denominations expressed in chains,	Maximum variation in inches.

links, fathoms, yards, feet or inches Denominations exceeding 1 yd. .... Four-thousandths of the denomination

in yards.

Denominations not exceeding 1 yd. but One-thousandth of the cube root of

exceeding 0 . 05 in. the denomination in inches.

Denominations not exceeding 0 . 05 in.	0-0004.
Denominations expressed in metric units	Maximum variation in milligrammes

Denominations exceeding 10 kg. .... Eight times the denomination in kilo-

grammes.

Denominations not exceeding 10 kg. Eight-tenths of the square root of the

but exceeding 1 mg. denomination in grammes.

Denominations not exceeding 1 mg. ....	0-025.
Denominations expressed in tons, short

tons, hundredweights, centals, quarters, Maximum variation in grains

stones, pounds, ounces or drams

Denominations exceeding 50 lb. Six-hundredths of the denomination in

pounds.

Denominations not exceeding 50 lb. but Four-tenths of the square root of the

exceeding 3 dr. denominations in pounds.

Denominations not exceeding 3 dr. .... 0-05.

Denominations expressed in grains .... Maximum variation in grains

Denominations exceeding 0 . 01 gr. .... Three-thousandths of the square root

of the denomination in grains.

Denominations not exceeding 0 . 01 gr.	00003.
Denominations expressed in troy ounces,

pennyweights, Apothecaries ounces, Maximumvariation in grains

drachms or scruples

Denominations exceeding 300 oz. tr. ... Four-thousandths of the denomination

in troy ounces.

Denominations not exceeding 300 oz. Three-thousandths of the square root

tr. but exceeding 0 . 01 gr. of the denomination in grains.

Denominations not exceeding 0 . 01 gr.	0-0003.
Denominations expressed in metric	Maximum variation in milligrammes

carats

No. 64.] Weights and Measures. [1965.

Maximum permissible variation of

Denomination of Standard Inspector's Standard from denomina- tion on verification or reverification

First Column Second Column

Denominations exceeding 0 . 02 metric Eight-hundredths of the square root of

carat

the denomination of the standard in

metric carats.

Denominations not exceeding 0 . 02 0-01.

metric carat

Denominations expressed in metric Maximum variation in cubic centimetres

units

Denominations exceeding 0 . 05 cu. m. Six hundred times the denomination in

cubic metres.

Denominations not exceeding 0 . 05 cu. Two-hundredths of the cube root of

m. but exceeding 0 . 5 cc.

the square of the denomination in

cubic centimetres.

Denominations not exceeding 0 . 5 cc. 0.01.

Denominations expressed in quarts, Maximum variation in minims

pints or gills

Denominations exceeding 10 gal.

Fifty times the denomination in gallons.

Denominations not exceeding 10 gal.

One hundred times the cube root of the

square of the denomination in gallons.

Denominations expressed in fluid ounces, Maximum variation in minims

fluid drachms or minims

Denominations exceeding 20 min. .... Twice the cube root of the square of

the denomination in fluid ounces.

Denominations not exceeding 20 rain. 0.2.

Schedule B

deleted. 20. The principal Act is amended by deleting

Schedule B.

Schedule 0

deleted. 21. (1) The principal Act is amended by deleting

Schedule C.

(2) The provisions of this section shall operate and take effect, and shall be deemed to have operated and to have had effect from and including the fourth day of March, nineteen hundred and forty-nine.