Weights and Measures Act Amendment Act 1983 (Qld)

206 Queeuslaxtb ANNO TRICESIMO SECUNDO ELIZABETI4AE SECUNDAE REGINAE No. 19 of 1983 An Act to amend the Weights and Measures Act 1951-1978 in certain particulars [ASSENTED TO 19TH APRIL, 1983]

Weights and Measures Act Amendment Act 1983, No. 19 207 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 1983. (2) In this Act the Weights and Measures Act 1951-1978 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 1951-1983. 2. Amendment of s. 5. Application of Act. Section 5 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) Unless otherwise indicated or provided, the provisions of this Act, so far as they are applicable, extend- (a) with respect to measures tested for compliance with the DairyProduce Act1978-1979, to the extent that the measures may be physically marked with a certifying stamp; (b) with respect to weights, measures , weighing instruments and measuring instruments- (i) used in a pharmacy within the meaning of the PharmacyAct1976-1981 in accordance with the Dispensing Regulations of 1973 (as amended from time to time) made under the Health Act1937-1982; or (ii) used in or by or in connexion with any Department or Sub-Department of the Government of Queensland, or any corporation, instrumentality or authority, whether representing the Crown or not, constituted or established under any Act.". 3. Amendment of s. 6 . Meaning of terms. Section 6 of the Principal Act is amended by- (a) omitting the definitions "Approving Authority " and " the Organisation "; (b) omitting the definition " Certificate of approval " and substituting the following definition:- " " Certificate of approval "-A certificate of approval of a pattern or modified pattern of a weight, measure , weighing instrument or measuring instrument issued by the Commission or the Chief Inspector before the commencement of the Common- wealth Act;"; (c) omitting the definition " Minister " and substituting the following definition:- " " Minister "-The Minister for Employment and Labour Relations or other Minister of the Crown who, at the material time, is charged with the administration of this Act: The term

208 Weights and Measures Act Amendment Act 1983, No. 19 includes any person for the time being performing the duties of the Minister; "; (d) in the definition " Package ", omitting the word " brand " and substituting the word " band ". 4. Repeal of and new Part II. Units and Standards of Measurement. The Principal Act is amended by repealing all sections comprising Part II of that Act and the heading to that Part and substituting the following heading and Part:- " PART 11-STANDARDS OF MEASUREMENT 7. Uniformity of weights and measures . The same denominations of weights and measures shall be used throughout the State. 8. Standards of measurement . (1) The Minister may arrange for the provision and maintenance of such 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. (2) For the purposes of this Act standards of measurement so provided and maintained are divided into Primary State Standards and Subsidiary Standards. (3) A Primary State Standard shall, subject to this Act, be a standard of measurement for the State. (4) A subsidiary standard of measurement so provided and maintained and having a denomination prescribed in the regulations for Secondary State Standards the true value of which is calculated to be not greater or less than its value as ascertained on verification or reverification by an amount exceeding the amount of variation specified opposite to that denomination in those regulations shall, for the purposes of this Act, he called a Secondary State Standard. (5) A subsidiary standard of measurement so provided and maintained (other than a Secondary State Standard) and having a denomination prescribed in the regulations for Tertiary State Standards the true value of which is calculated not to be greater or less than its value as ascertained on verification or reverification by an amount exceeding the amount of variation specified opposite to that denomination in those regulations shall, for the purposes of this Act, be called a Tertiary State Standard. (6) A subsidiary standard of measurement so provided and maintained (other than a Secondary State Standard or a Tertiary State Standard) and having a denomination prescribed in the regulations for Inspectors' Standards 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 those regulations and that is, by virtue of the Common- wealth Act, to be deemed to be of a value equal to its denomination shall, for the purposes of this Act, be called an Inspector's Standard.

Weights and Measures Act Amendment Act 1983, No. 19 209 9. Replacing standards lost, destroyed , etc. If any standard of measurement is lost, destroyed, defaced, or injured, another standard shall be provided by the Minister in place of the one so lost, destroyed, defaced or injured. 10. Custody of standards . Every Primary State Standard shall be safely kept by the Chief Inspector and those standards and all apparatus, books, documents and things used in connexion therewith or relating thereto shall be deemed to be in the custody of the Chief Inspector. 11. Inspectors ' standards to be stamped . (1) Unless its size or nature makes stamping impracticable or it is exempted by the regulations, every Inspector's Standard shall be stamped in the manner prescribed. (2) The impression of the stamp prescribed under subsection (1) on a weight or measure shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the weight or measure is an Inspector's Standard. 12. Verification of standards . (1) A standard of measurement provided and maintained pursuant to section 8 shall not be used for the purposes of this Act- (a) unless it has been verified or reverified in accordance with the Commonwealth Act; (b) if it has become defective through use or accident or if it has been broken or repaired, until it has been reverified in accordance with the Commonwealth Act. (2) A record shall be kept by the Chief Inspector of all standards referred to in section 8 that have been verified or reverified. 13. Offence to damage , etc., standards . Any person who falsifies or wilfully or maliciously damages or destroys any standard provided and maintained under this Act shall be guilty of an offence against this Act.". 5. Amendment of s. 16. Equipment and appliances . Section 16 of the Principal Act is amended by, in the first paragraph, omitting the word " departmental " and substituting the word " subsidiary ". 6. Amendment of heading . INSPECTION, STAMPING, AND USE OF WEIGHTS, MEASURES, WEIGHING INSTRUMENTS, AND MEASURING INSTRUMENTS. The Principal Act is amended by, in the heading appearing between sections 16 and 17 omitting the expression " INSPECTION," and substituting the expression " APPROVAL, INSPECTION,". 7. New s. 16A. Approval of weights , etc. The Principal Act is amended by inserting after the heading appearing between sections 16 and 17 the following section:- " 16A. Approval of weights , etc. A weight, measure, weighing instrument or measuring instrument used or for use in trade shall be- (a) of a pattern approved by the Commission; or (b) of a type and design in respect of which there is in force an approval given by the Chief Inspector before the commencement of the Commonwealth Act.".

210 Weights and Measures Act Amendment Act 1983, No. 19 8. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) in subsection (2), (i) in paragraph (a), omitting the word " departmental " where twice occurring and substituting the word " subsidiary " in each case; (ii) omitting paragraph (d), and substituting the following paragraph:- " (d) A weight, measure, weighing instrument or measuring instrument that has been verified and stamped pursuant to this section may be reverified and stamped notwithstanding that the approval to its pattern has been cancelled."; (b) in subsection (3), inserting at the end of the subsection the following paragraph:- " Notwithstanding the preceding provisions of this subsection a person may, in such circumstances as are prescribed by regulations, use a weight, measure, weighing instrument or measuring instrument that has been repaired but not stamped with a certifying stamp.". 9. Repeal of ss. 17A, 17B and 17C. The Principal Act is amended by repealing sections 17A, 17B and 17c. 10. Amendment of s. 19 . Fees. Section 19 of the Principal Act is amended by, in the proviso omitting all words from and including the words " of that weight " to and including the words " shall be paid." and substituting the following words:- " unless- (a) an inspection is made upon the mending, repairing or necessary adjustment thereof; (b) an inspection is made pursuant to paragraph (c) of section 17 (1); or (c) an inspection is requested by that person, when, in any such case, the prescribed fee shall be paid.". 11. Repeal of ss. 20 and 21 . The Principal Act is amended by repealing sections 20 and 21. 12. Repeal of ss. 28-29A and new ss. 28 and 29 . The Principal Act is amended by repealing sections 28, 28A, 29 and 29A and substituting the following sections:- " 28. Interpretation and application . (1) In this Part, save where a contrary intention appears- " bread " includes milk bread; " bread roll " means bread baked as a unit that does not exceed 170 grams in weight; " loaf of bread " means the whole portion of bread baked from a single mass of dough or from two or more masses of dough

Weights and Measures Act Amendment Act 1983, No. 19 211 fused together in baking for the purpose of producing a single article: The term includes a packaged loaf but does not include a bread roll; " milk bread " means bread that conforms to the . standard prescribed for milk bread; " packaged loaf " means a loaf of bread (whether sliced or unsliced) that is enclosed in a package before sale. (2) The provisions of this Part do not apply to bread that contains raisins, currants or sultanas either singly or in aggregate. 29. Bread to be made and sold in loaves of prescribed denominations. (1) Loaves of bread shall be denominated- (a) 225 grams; (b) 340 grams ; (c) 450 grams; (d) 680 grams; (e) 900 grams; or (f) 1 800 grams. (2) For the purposes of this Act a loaf of bread shall be deemed to be of the- (a) 225 gram denomination if it weighs not more than 275 grams; (b) 340 gram denomination if it weighs more than 275 grams but not more than 390 grams; (c) 450 gram denomination if it weighs more than 390 grams but not more than 520 grams; (d) 680 gram denomination if it weighs more than 520 grams but not more than 780 grams; (e) 900 gram denomination if it weighs more than 780 grams but not more than 1 035 grams; (f) 1 800 gram denomination if it weighs more than 1 035 grams. (3) A person shall not- (a) make for sale; (b) sell; (c) cause, permit or suffer to be made for sale; (d) cause, permit or suffer to be sold, a loaf of bread- (i) that is not of a denomination prescribed by subsection (1); (ii) purporting to be of a denomination prescribed by subsection (1) that is deficient of the weight prescribed by that subsection for a loaf of that denomination. (4) A person shall not- (a) sell, (b) cause, permit or suffer to be sold, a loaf of bread purporting to be milk bread that is not marked in the manner prescribed by regulations.

212 Weights and Measures Act Amendment Act 1983, No. 19 (5) A person shall not pre-pack a loaf of bread before sale unless the package is marked as prescribed by regulations. (6) A loaf of bread shall, for the purposes of this Act, be deemed to be of a true weight if, in respect of bread of the one type and denomination- (a) there is no average deficiency, when weighed by an inspector, in the weight of- (i) 20 loaves of such bread; or (ii) where there are less than 20 loaves of such bread available, all the loaves (being not fewer than 6); and (b) the dry solids of a sample loaf of such loaves of bread are not less than- (i) that prescribed by regulations for that type of loaf den- omination; or (ii) where not so prescribed, 60 per centum at the least of the loaf's denomination. (7) For the purpose of determining the true weight of a loaf of bread an inspector shall- (a) select and seize two loaves of bread weighed by him pursuant to subsection (6) that most nearly approximate the average weight of the loaves weighed; (b) identify, in accordance with subparagraph (i) of section 30 (3A), the loaves seized ; (c) deliver, in accordance with subparagraph (iii) of section 30 (3A), one of the loaves seized and identified; (d) offer the other loaf so seized and identified to the person who was present at the weighing of the loaves or, if no other person was present when the loaves were weighed, offer the other loaf to some person employed or apparently employed at the place where such loaf was seized.". 13. Amendment of s. 30. Powers of inspectors with respect to weighing bread . Section 30 of the Principal Act is amended by- (a) in subsection (1), in subparagraphs (iv) and (v) omitting the words ", or package of sliced bread "; (b) in subsection (3A), (i) in subparagraph (i), (A) omitting the words " or package of sliced bread " where twice occurring; (B) omitting the words " seal, wrap " and substituting the words " wrap, seal "; (ii) in subparagraph (iii), omitting the words " or package so sealed, wrapped " and substituting the words " wrapped, sealed "; (iii) in subparagraph (iv) omitting the words ", or package of sliced bread ";

Weights and Measures Act Amendment Act 1983, No. 19 213 (iv) in subparagraphs (v) and (vi) omitting the words " liable to a penalty not exceeding one hundred dollars " and substituting the words " guilty of an offence against this Act " in each case; (v) in subparagraph (vii), omitting the words " or the bread contained in a package of sliced bread ". 14. Amendment of s. 30A. Analyst ' s certificate prima facie evidence. Section 30A of the Principal Act is amended by- (a) omitting the expression "; and " appearing at the end of subparagraph (iii) and substituting the expression " . "; (b) omitting subparagraph (iv). 15. Amendment of s. 35. Incorrect weight or measure . Section 35 of the Principal Act is amended by- (a) omitting the expression " (1) " appearing at the beginning of subsection (1); (b) omitting subsection (2). 16. Amendment of s. 36. Sale of coal and firewood . Section 36 of the Principal Act is amended by omitting the words " 5 hundredweight or 250 kilogrammes " where twice occurring and substituting the expression " 250 kg " in each case. 17. Repeal of and new s. 36A. Statement of price of articles for sale. The Principal Act is amended by repealing section 36A and substituting the following section:- " 36A. Statement of price of articles for sale. A person who offers, exposes or advertises for sale an article at a price per unit of measurement of 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 of measurement as defined in section 3 of the Metric Conversion Act1970 of the Commonwealth (as amended from time to time).". 18. Amendment of s. 39. False declaration as to weights or measures, etc. Section 39 of the Principal Act is amended by, at the end of subsection (2), adding the following paragraph:- " For the purposes of this subsection, the statement of weight or measure marked on a package containing an article shall be construed as the true weight or measure for the purpose of calculating the price charged for the article notwithstanding that the statement is qualified by the word " minimum " or " average " or any other word or words of qualification that has or have the same meaning as either of those words.". 19. Amendment of s. 40 . Fraud in using weight or measure . Section 40 of the Principal Act is amended by omitting the words " for a first offence be liable to a penalty not exceeding two hundred dollars, and for a second or any subsequent offence to a penalty not exceeding four hundred dollars, and in either case ".

214 Weights and Measures Act Amendment Act 1983, No. 19 20. Amendment of s. 41. Use of certain weights and measures prohibited . Section 41 of the Principal Act is amended by in subsection (1)- (a) omitting the words " and liable to a penalty not exceeding two hundred dollars, and in the case of the troy system and metric carat system, to a penalty not exceeding four hundred dollars "; (b) in the first proviso, omitting the words " in accordance with a permit issued as " and substituting the words " in such circumstances as are ". 21. Amendment of s. 42 . Offences relating to forged stamps, etc. Section 42 of the Principal Act is amended by- (a) in the first paragraph, in subparagraph (v), omitting the words or in respect of which a certifying certificate has not been issued as required by subsection three of section seventeen of this Act " and substituting the words " with a certifying stamp or, if it is exempted by the regulations from being so stamped, in respect of which a certifying certificate has not been issued "; (b) in the second paragraph, omitting the words " Any person guilty of an offence against this section shall be liable to a penalty not exceeding two hundred dollars, and all " and substituting the word "All". 22. Amendment of s. 43A. E xemptions . Section 43A of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:- ( 44) ) In subsection (1), " exempted article " means- (a) bread packaged pursuant to Part IV; (b) solid fuel; (c) any article of any description that is wholly exempted by the regulations from the operation of this Part.". 23. Amendment of s. 43B. Name, etc., of packer to be marked on package. Section 43B of the Principal Act is amended by, in subsection (1), omitting the word " and " appearing between subparagraphs (a) and (b) and substituting the word " or ". 24. Amendment of s. 43C. Certain articles to be packed and sold only in certain denominations . Section 43c of the Principal Act is amended by- (a) in subsection (1), omitting the words ", on or after the appointed day,"; (b) omitting subsection (2); (c) in subsection (3), omitting the words ", on or after the appointed day," (d) omitting subsections (4), (5) and (7).

Weights and Measures Act Amendment Act 1983, No. 19 215 25. Amendment of s. 43D. Packages to be marked with particulars of the quantity of the articles contained therein . Section 43D of the Principal Act is amended by- (a) in subsection (1), omitting the words ", on or after the appointed day,"; (b) omitting subsection (2); (c) in subsection (3), omitting the words ", on or after the appointed day, " (d) omitting subsections (4), (5) and (7). 26. Amendment of s. 43F. Incorrect weight or measure of pre-packed articles. Section 43F of the Principal Act is amended by- (a) omitting subsection (3); (b) omitting subsection (5) and substituting the following subsection:- " (5) Where a package containing an article is marked with more than one statement of the weight or measure of the article, the true weight or measure of the article shall, for the purposes of subsection (1), be taken to be less than the true weight or measure as marked on the package if the weight or measure of the article is less than the weight or measure specified in any of the statements marked on the package as being the weight or measure of the article contained therein.". (c) in subsection (6), (i) in subparagraph (a), omitting the expression " 8 ounces or 250 grammes, or 8 fluid ounces " and substituting the expression " 250 g"; (ii) in subparagraph (b), omitting the words " at random "; (d) in subsection (9), omitting the words " and shall be liable to a penalty not exceeding Four hundred dollars ". 27. Amendment of s. 43G. Articles that may be marked " Net weight when packed ". Section 43G of the Principal Act is amended by- (a) omitting subsection (5); (b) in subsection (6), in subparagraph (b), omitting the words " at random ". 28. Amendment of s. 43H. Prohibition and restriction of use of certain expressions on packages . Section 43H of the Principal Act is amended by- (a) omitting subsection (2); (b) in subsection (4), omitting subparagraphs (b) and (c) and the word " and " appearing between those subparagraphs and substituting the following subparagraphs:- (b) the restricted expression and the statement of weight or measure are so placed and so marked that both may be seen clearly at the same time and shall read in the same direction; and

216 Weights and Measures Act Amendment Act 1983, No. 19 (c) each of the letters and figures included in the statement of weight or measure- (i) is of a height not less than the minimum height of print prescribed by the regulations as the minimum height of letters and figures included in the marking required by the regulations to be marked on a package containing an article to which section 43D applies; (ii) is not less than the height of the tallest letter included in the restricted expression; and (iii) is in the same style of print and of the same colour contrast to its background as the letters comprising the restricted expression."; (c) in subsection (5), omitting the definition " prohibited expression and substituting the following definition:- " " prohibited expression " means- (a) any expression (whether consisting of a single word or of more words than one and whether in an abbreviated form or not) that directly or indirectly relates to or qualifies a unit of measurement of a physical quantity and, without limiting the generality of the foregoing, includes any expression that so relates and is declared by the regulations to be a prohibited expression for the purposes of this section; (b) any statement that relates to the weight or measure of a pre-packed article the truth whereof cannot be tested by any process applied to the article;". 29. Amendment of s. 44 . Act is amended by- (a) omitting subsection subsection :- Offences . Section 44 of the Principal (3) and substituting the following " (3) Any person guilty of an offence against this Act shall be liable to a penalty- (a) for a first offence, $800; (b) for a second or subsequent offence, $1500.". (b) in subsection (4), inserting after the word " summary " the word " way ". 30. Amendment of s. 55. Regulations . Section 55 of the Principal Act is amended by- (a) in subsection (1), in the second paragraph, (i) omitting subparagraphs (xiiia) and (xiv) and substituting the following subparagraphs: (xiiia) Regulating and controlling space, recesses, cavities and thicknesses with respect to a package that are likely to be concealed from a person looking at the package when it is in a position usual for displaying for sale packages of the article contained therein, and without limiting the generality of the foregoing prescribing limitations for- (a) the space within a package that is a vacuum or contains matter other than the article for sale contained in the package;

Weights and Measures Act Amendment Act 1983, No. 19 217 (b) any recess or number of recesses embodied in the construction of the package; (c) any cavity or number of cavities contained within the substance of the package; and (d) the thickness of the substance of the package; (xiv) Prescribing the matters and things in respect of which fees are payable and the amount of those fees; fixing the amount or proportion of expenses, or of expenses prescribed, incurred in connexion with any inspection or service performed under this Act; and prescribing the persons by whom and the places and times when and where such fees shall be paid;"; (ii) omitting subparagraph (xxv) and substituting the following subparagraph:- " (xxv) requiring a statement of the selling price or a statement of the price per unit of weight or measure of an article contained in a package (or both those statements) to be marked- (a) on the package; or (b) on a shelf or bin adjacent to the display of the package; "; (iii) in subparagraph (xxviii) omitting the words " two hundred dollars"' and substituting the expression "$800 "; (b) in subsection (6), omitting the words " a like body identified in the regulations " and substituting the words ", the National Standards Commission or any other body that performs functions the same as or similar to any of those bodies and that is identified in the regulations".