Weights and Measures Act Amendment Act 1978 (Qld)

126 1Qtt>renz1axtt^ ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 15 of 1978 An Act to amend the Weights and Measures Act 1951-1972 in certain particulars [ ASSENTED TO 2ND JUNE, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Weights and Measures Act Amendment Act 1978. (2) In this Act the Weights and Measures Act 1951-1972 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Weights and Measures Act 1951-1978.

Weights and Measures Act Amendment Act 1978, No. 15 127 2. New s. 36A. The Principal Act is amended by inserting after section 36 the following section:- "36A. Statement of price of articles for sale. (1) In this section- imperial system " means the system of measurement in Commonwealth legal units of measurement related to the yard, the pound or the gallon; " metric system " means the metric system of measurement as defined in section 3 of the Metric Conversion Act1970 of the Commonwealth; " the nominated date " means the date that is notified by the Governor in Council pursuant to this section as the nominated date for the division or divisions of the State to which it is related by the notification; (2) For the purposes of this section the Governor in Council may, by notification published in the Gazette, nominate a date to be the nominated date for the division or divisions of the State specified in the notification and may so notify a nominated date as to relate it to any existing division or divisions of the State established for purposes other than this section or as to relate it to any division or divisions of the State established by him for the purposes of this section and specified by him in the notification. (3) A person who offers, exposes or advertises for sale an article at a price per unit of measurement of a physical quantity shall state that price as a price per unit of measurement of a physical quantity expressed in terms of units of the metric system and in accordance with the regulations made to give effect to this section. (4) Subsection (3) does not apply in respect of any article until the taking effect of regulations made to give effect to this section and shall not at any time apply in respect of an article that by this Act is to be deemed to be pre-packed, but subject thereto- (a) upon the taking effect of regulations made to give effect to this section, subsection (3) shall apply in respect of articles for sale specified by the regulations to be articles in respect of which that subsection applies; (b) on and after the nominated date notified for any division or divisions of the State, subsection (3) shall apply in respect of all articles offered, exposed or advertised for sale in that division or in any of those divisions. (5) A person who offers, exposes or advertises an article for sale at a place that is not within a division of the State for which a nominated date has been notified and at a price per unit of

128 Weights and Measures Act Amendment Act 1978, No. 15 measurement of a physical quantity, not being an article specified by the regulations to be an article in respect of which subsection (3) applies, shall not state the price in terms of units of the imperial system unless the statement in terms of those units is authorised by this subsection. A statement of price in terms of units of the imperial system is authorised if- (a) the weighing instrument or measuring instrument by means of which the weight or measure of the article for sale is to be ascertained is calibrated in terms of those units; or (b) the statement is in addition to the statement of the price in terms of units of the metric system and expresses the price that is the equivalent of the price expressed in terms of those units, and in every case the statement is in accordance with the regulations made to give effect to this section. (6) Where an offence against this Act consists in a contravention of subsection (3) or (5) that has occurred by reason of an advertisement in a newspaper or other writing that is distributed- (a) it shall be deemed that the offence is committed at every place and on every day where and when the newspaper or other writing is available to members of the public; (b) it shall be a defence that, where the defendant is a party to the offence by reason only of his being concerned in the editing, printing or distribution of the newspaper or other writing, the advertisement was published at the request or direction of another person and in accordance with copy supplied by that person for the purpose.". 3. Amendment of s. 55. Section 55 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after paragraph (xxvi) the following paragraph:- " (xxvii) providing for the units of measurement of physical quantity and the multiples thereof that may be used for stating the price per unit of measurement of a physical quantity of an article (other than one that is pre-packed) offered, exposed or advertised for sale; regulating the use of such units and the making of such statements of price; exempting specified articles from such provisions and regulations, absolutely or in specified circumstances; ";

Weights and Measures Act Amendment Act 1978, No. 15 129 (ii) re-numbering the existing paragraphs (xxvii), (xxviii) and (xxix) as paragraphs (xxviii), (xxix) and (xxx) respectively; (b) adding at the end thereof the following subsection:- " (6) The regulations may adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulation.".