Weights and Measures Act Amendment Act of 1957 (6 Eliz ll No. 5) (Qld)

WEIGHTS AND MEASURES. 6 E liz . II. No. 5, 1957. Weights and Measures Act Amendment Act. UNIVERSITY OF QUEENSLAND. See E ducation . 307 WEIGHTS AND MEASURES. An Act to Amend "The Weights and Measures Act 6 SSV1- of 1951,” in certain particulars. 7* THE "s M easures A ct [A ssented to 10 th A pril , 1957.] AMAcxDofT 1957. B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows!- 1. (1.) This Act may be cited as “ The 'Weights and Sbort title- Measures Act Amendment Act of 1957.” (2.) *“ The Weights and Measures Act of 1951 ” is in ^“cipal this Act referred to as the Principal Act. 0‘ (3.) The Principal Act and this Act may be £j°^ective collectively cited as “ The Weights and Measures Acts, 1 e’ 1951 to 1957.” 2. Subsection one of section six of the | Principal Amendmor Act is amended— I ofs. 6(i). ! (i.) By inserting, before the definition of the term “ Article ” therein, the following definition :— “ “ Analyst ”—A person appointed under j-“ The Health Acts, 1937 to 1955,” as a State Analyst or a person registered as a duly qualified analyst under those Acts, and whose name remains upon the register ; ”. (ii./ By inserting after the definition of the term “ This Act ” therein, the following definition :— “ “ Total dry solids ”—In relation to bread, the weight of the water-free substance of the bread.” * 15 G. 6 No. 35. flG. 6 No. 31 and amending Acts.

308 WEIGHTS AND MEASURES. Weights and Measures Act Amendment Act. 6 E liz . II. No. 5, Amendment 3. Section twenty-eight of the Principal Act is of s. 28. amended by inserting after subsection five, the following subsections, namely :— “ (5 a .) Notwithstanding anything hereinbefore contained in this section, upon a complaint against any person for an offence against subsection three of this section of making for sale or selling any loaf of bread, as the case may be, which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the total dry solids of the loaf, purporting to be of the same denomination and description of that bread found at any one and the same time and being a loaf of or most nearly approximating the average weight per loaf of the loaves of the same denomination and description weighed pursuant to the provisions of subsection five of this section, is less than the total dry solids prescribed for loaves of such denomination. For the purposes of this subsection the inspector shall select and seize from the loaves purporting to be of the same denomination and description so found and weighed in accordance with the provisions of subsection five of this section, two loaves of or most nearly approximating the average weight per loaf of the loaves so weighed. One of the loaves so selected and seized and being the loaf of or most nearly approximating the average weight per loaf of the loaves so weighed shall be dealt with by the inspector in accordance with the provisions of subsection 3 a of section thirty of this Act. The inspector shall offer the other loaf so selected and seized duly sealed, wrapped and marked as prescribed by subsection 3 a of section thirty of this Act to the person who pursuant to this Act is present at the weighing or, where the bread is weighed under the authority of this Act in the absence of any such person, the inspector shall offer that loaf to some person employed or apparently employed at the place where such bread was made or sold or in connection with the business carried on thereat. (5 b .) The total dry solids of a loaf of bread shall be as set out hereunder :— (i.) In case of a one pound loaf—not less than nine ounces and six tenths of an ounce ;

WEIGHTS AND MEASURES. 309 1957. Weightsand Measures Act Amendment Acf. (ii.) In the case of a two pound loafj—not less than one pound three ounces and two tenths of an ounce ; (iii.) In the case of a four pound loaf—not less than two pounds six ounces and four tenths of an ounce, or such other total dry solids as may be prescribed from time to time in lieu thereof or in substitution therefor. (5c.) Without limiting the power to make regulations conferred by section fifty-five of this Act regulations may be made under that section prescribing the total dry solids of a loaf of bread of all or any of the denominations hereinbefore specified in this section and/or of a loaf of bread of all or any of the classes or descriptions of the same denomination in lieu of or in substitution for the dry solids of a loaf prescribed by subsection 5 b of this section.”. 4. Section twenty-nine of the Principa|l Act is Amendment amended by inserting, after subsection three, theofs'29' following subsections, namely :— ! “ ( 3 a . ) Notwithstanding anything hereinbefore contained in this section upon a complaint against any person for an offence against subsection two of this section of packing for sale or selling any package of sliced bread, as the case may be, which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the total dry solids of the bread contained in that package is less than the total dry solids prescribed for the bread contained in a package of sliced bread of such denomination. (3 b .) The total dry solids of the bread contained in a package of sliced bread shall be as set out hereunder :— (i.) In the case of a one pound package not less than nine ounces and six tenths of an ounce ; (ii.) In the case of a two pound package, not less than one pound three ounces and two tenths of an ounce ; (iii.) In the case of a four pound package, not less than two pounds six ounces and four tenths of an ounce, or such other total dry solids as may be prescribed from time to time in lieu thereof or in substitution therefor.

310 WEIGHTS AND MEASURES. Weights and Measures Act Amendment Act. 6 E liz . II. No. 5, (3c.) Without limiting the power to make regulations conferred by section fifty-five of this Act, regulations may be made under that section prescribing the total dry solids of the bread contained in a package of sliced bread of all or any of the denominations hereinbefore specified in this section and/or in a package of sliced bread of all or any of the classes or descriptions of the same denomination in lieu of or in substitution for the total dry solids of the bread contained in a package prescribed by subsection 3 b of this section.”. Amendment of s. 30. 5. Section thirty of the Principal Act is amended— (а) By repealing the word “ and ” where appearing as the last word in paragraph (ii.) of subsection one ; (б) By adding to subsection one the following paragraphs, namely :— “ (iv.) On payment or tender to the person in charge thereof of the current market value or of the rate prescribed, demand, select and take any loaf of bread, or package of sliced bread found in any place in which bread is sold or in any bakehouse or in or on any vehicle or other thing used in connection with the distribution or delivery of bread ; and (v.) Seize any loaf of bread, or package of sliced bread in respect of which a contravention of Part IV. of this Act appears to him to have been committed.” ; (c) By inserting after subsection three the following subsection, namely :— “ ( 3 a . ) ~ (i.) The inspector taking, obtaining, or seizing any loaf of bread, or package of sliced bread shall seal, wrap and mark separately each such loaf or package of sliced bread ; (ii.) He shall subsequently deliver each such loaf or package to an analyst; (iii.) Such delivery to an analyst may be effected either personally or by sending the loaf or package so sealed, wrapped and marked by registered post addressed to the analyst at his usual address, or in a sealed package

1957. WEIGHTS AND MEASURES. WeightsandMeasures Act Amendment Act. 311 addressed to the analyst at his usual address by rail, aeroplane, motor vehicle, steamer or other means of transit, or in such other manner as may be prescribed ; (iv.) A copy of any certificate of the result of any analysis of a loaf of bread, or package of sliced bread procured by an inspector may be obtained from the analyst by the person from whom the bread so analysed was purchased, taken on demand, or seized ; (v.) No copy of any such certificate of analysis shall be used in any writing for trade purposes or as an advertisement, and if any person so uses it he shall be liable to a penalty not exceeding fifty pounds ; (vi.) No person shall use for trade purposes or as an advertisement any communication or correspondence from any State department relating to any bread to which Part IV. of this Act applies ; if any person so uses such correspondence or communication he shall be liable to a penalty not exceeding fifty pounds; (vii.) Without limiting the power to make regulations conferred by section fifty-five of this Act, regulations may be made under that section prescribing the method of ascertaining the total dry solids of a loaf of bread, or the bread contained in a package of sliced bread and where any such method has been prescribed, any analyst shall in his certificate of analysis declare that he has followed the prescribed method in his analysis.”. 6. The following section, numbered 30 a , isj inserted New s. 30 a . after section thirty of the Principal Act:— “ [30 a .] In a prosecution for an offence under this Analyst’s ___ certificate . # ^ primd facie (i.) The production by the prosecutor of aevidenoe- certificate of analysis purporting to be under the hand of an analyst shall be sufficient evidence of the facts stated therein unless the defendant requires that the analyst shall

312 WEIGHTS AND MEASURES. Weights and, Measures Act Amendment Act. 6 E liz . II. No. 5, be called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the return day ; (ii.) In like manner the production by the defendant of a certificate of analysis purporting to be under the hand of an analyst shall be sufficient evidence of the facts stated therein, unless the prosecutor requires that the analyst be called as a witness. A copy of such last named certificate shall be sent to the prosecutor at least three clear days before the return day, and if it is not so sent the court may adjourn the hearing on such terms as it thinks proper.” Amendment 7. Subsection two of section forty-one of the of s. 41. Principal Act is amended by repealing the words “ the Chief Inspector ” and by inserting, in lieu of those repealed words, the words “ an inspector Amendment . 8 Section forty-four of the Principal Act is of s. 44. amended— (а) By inserting therein after subsection four, the following subsections, namely :— “ (4 a .) The summons in any such proceeding in which an analyst’s certificate is used shall not be made returnable in less than seven days from the day on which it is served. (4 b .) There shall be served with the summons a copy of the analyst’s certificate (if any) obtained on behalf of the prosecution. The endorsement of the analyst’s certificate with an oath of service shall be prima facie evidence of the service of such copy.” ; (б) By inserting in subsection eight, the following paragraph— “ Provided that all fees and other expenses incident to the analysis of any bread in respect of which the conviction is obtained, shall be deemed to be an expense incurred in connection with the proceedings to secure the conviction.”.

WEIGHTS AND MEASURES. 313 1957. WeightsandMeasures Act Amendment Act. 9- The Schedule to the Principal Act is amended Amendment by repealing the figures and letters “ 0*05 c.m.” where0 0 6 u e‘ those figures and letters last appear under the sub­ heading “ Metric Carat Weights ” and by inserting, in lieu of those repealed figures and letters, the figures and letters “ 0*005 c.m.”. WORKERS' COMPENSATION. See L abour .