Weights and Measures Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

WEIGHTS AND MEASURES.

No. 31 of 1973.

AN ACT to amend the Weights and Measures Act,

1915-1969.

[Assented to 27th August, 1973.]

BE it enacted by the Queen's Most ExcellentMajesty, 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:—

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

Measures Act Amendment Act, 1973.

(2) In this Act the Weights and Measures Act Repr intedfar reprint 21st

1915-1969 is referred to as the principal Act.

July, 1971.

(3) The principal Act as amended by this Act may

be cited as the Weights and Measures Act, 1915-1973.

No. 31.] Weights and Measures. [1973.

Commence-

ment. 2. This Act shall come into operation on a date

to be fixed by proclamation.

8. 4

amended. 3. Section 4 of the principal Act is amended

(a) by inserting in subsection (1) after the definition of "Inspector" the following definition

"Instrument" means a thing (or a combination of things) by means of which a measurement of a physical quantity may be made and includes a thing (or a combination of things) by means of which grading may be effected by reference to the measure- ment of a physical quantity. ;

(b) by adding the following subsections

(7) For the purposes of this Act the expression "use for trade" means use in connection with or with a view to a transaction for

(a)	the transferring or rendering of money or money's worth in consideration of money's worth or money; or
(b)	the making of a payment in respect of any tax, rate, toll, duty or import where-

the transaction is by refer-

(i)  ence to quantity in terms of measurement of a physical quantity, or is a transaction for the pur- poses of which there is made or implied a state- ment of the quantity in such terms of goods to which the transaction relates; and

[1973. Weights and Measures. No. 31.]

(ii) the use is for the purpose of the determination or statement of that quan- tity,

and the expression "have in possession for trade" has a corresponding meaning.

(8) A weight, measure, weighing instrument or measuring instrument that

(a)	is used in relation to such a transaction referred to in sub- section (7) of this section; or
(b)	is made available for use by or on behalf of the public, whether on payment or otherwise, for making measurements of a physical quantity or for the grading of articles by reference to the measurement of a physical quantity,

shall for the purposes of this Act be

deemed to be used for trade.

Subsection (1) of section 18 of the principal Act is amended by deleting the second paragraph being the passage commencing with the word "Such" in line fourteen and ending with the passage " "trade"." in line seventeen.	3.18
amended.

4.

Section 21 of the principal Act is amended by

adding after subsection (1) the following subsec-

tion

21-

v.w.unded.

5.

(la) The provisions of paragraph (b) of subsection (1) of this section do not apply to a package containing an article when that pack- age is used for the purpose of transporting the article and is marked as prescribed in the regulations.

No. 31.] Weights and Measures. [1973.

S. 27B

amended.	6. Subsection (4) of section 27B of the principal Act is amended by adding after the word "bread" in paragraph (a) the following passage ", other than pre-packed sliced bread".
S. 27C

amended. 7. Section 27C of the principal Act is amended

(a) by adding after subsection (1) the following

subsection

(la) The provisions of subsection (1)

of this section do not apply

(a)	in relation to the packing of an article that is packed outside the Commonwealth;
(b)	to an outer package used for the purpose of transporting an article contained in a package if the second mentioned package is marked in accordance with this section. ;

(b) by adding after subsection (4) the following subsection

(4a) The provisions of subsection (4) of this section do not apply in relation to a package that was packed outside the Commonwealth.

S. 276

amended. 8. Subsection (5) of section 27G of the principal Act is amended by deleting the words "eight ounces or eight fluid ounces" in line six of paragraph (a) and substituting the passage "eight ounces, two hundred and fifty grams, eight fluid ounces or two hundred and fifty millilitres, as the case may be".

1973.] Weights and Measures. [No. 31.

S. 27118

The principal Act is amended by adding after section 27HA the following section- added.

9.

27HB. (1) Notwithstanding any other pro- gettehoclgig

vision of this Act, the true weight for the pur- truCewee1ght

poses of this Act of an article to which this faTtzigres, etc.

section applies shall be the weight that is ascer-

tained in accordance with the regulations pre-

scribing the manner in which the weight of

such an article is to be ascertained.

(2) This section applies to articles of such

descriptions as may be prescribed.

5.27J

10. Section 27J of the principal Act is amended amended.

(a) by adding after subsection (3) a subsection as follows

(3a) A package consisting of panels on which a restricted expression appears more than once shall be deemed to be marked with a statement of weight or measure as described in paragraph (a) of subsection (3) of this section if a state- ment such as is referred to in subsection (1) of section 27E of this Act is marked once at least on each panel on which the restricted expression appears. ;

(b) as to subsection (4)-

(i)  by adding after the words "any expression" in line nine the words "that so relates and is";

(ii)    by adding after the passage "of this Act)" in lines twenty-two and twenty-three the words "or to the weight or measure of the whole contents of the package";

(iii)    by adding after the words "any expression that" in lines twenty-four and twenty-five the words "so relates and";

No. 31.] Weights and Measures. [1973.

(c) by adding after subsection (4) the follow- ing subsection

(5) Where there is more than one article in a package an expression marked on the package relating to the size of each of the articles is not a restricted expres- sion for the purposes of this section.

S. 28

amended. 11. Subsection (3) of section 28 of the principal

Act is repealed.

S. 46

repealed and 12. Section 46 of the principal Act is repealed and

re-enacted. re-enacted as follows-

46. Where

(a)	any weight, measure, weighing, or measuring instrument is found in the possession of any person carrying on trade or on any premises which, whether a building or in the open air, are used by any person for carrying on trade; or
(b)	any weighing or measuring instrument of the kind mentioned in paragraph (b) of subsection (8) of section 4 of this Act is found in the possession of any person in circumstances which indicate that the instrument is open for the use of the public,

the person in whose possession the weight, measure, weighing, or measuring instrument is so found shall be deemed, for the purposes of this Act, to have such weight, measure, weigh- ing, or measuring instrument in his possession for use for trade.