Weights and Measures Act of 1924 (15 Geo v No. 2) (Qld)

11116 PART 1.- PRELIMI· NARY. ss. 1-4. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 15 GEO. V. No. 2, WEIGHTS AND MEASURES. 15 Geo. V. An Act to Consolidate and Amend the Law relating No. 2. THE to Weights and Measures. WEIGHTS AND MEASURES [ASSENTED TO 8TH SEPTEMBER, 1924.] I) ACT OF 1924. E it enacted by the King'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 : - PART 1.- PRELIMI' NARY. Short title. PART I.-PRELIMINARY. 1. (1.) This Act may be cited as " The Weights and M easures Act 0/ 1924." Parts of Act. (2.) This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; PART lI.-STANDARDS ; PART lII.-ADMINISTRATION; PART IV.-PROVISIONS AS TO SALE, ETC.; PART V.-GENERAL PROVISIONS. Repeal. 2. *" The Weights and Measures Acts, 1906 to 1923" are repealed. These Acts are hereinafter referred to as the repealed Acts. Application 3. This Act shall extend and apply to all weights of.Act to and measures and weighing instruments and measuring trraaImlwwaavyssa. nd I . nstruments ' In use upon a'ny Sta t e or 0 ther ral' 1way or tramway, or upon any station, pier, wharf, jetty, or premises vested in the Commissioner for Railways or other railway or tramway owner. Definitions. 4. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say- Coal. " Coal" includes all descriptions of coal, coke, slack, culm, charcoal, and cannel ; Contract. Driver. "Contract" includes contract, bargain, sale, purchase, or other dealing; "Driver"-Any person driving or in charge of a vehicle; * 6 Edw. VII. No. 19, 3 Geo. V. No. 15, 8upra, page 5805; and 14 Geo. V. No. 13, supra, page 10853.

1924. WEIGH'l'S AND ~ fEASlJRES. Weights and ill easures Act. s.4. 11117 PART 1.- PRELIMI- NARY. "Goods"-Goods, chattels, wares, and merchan- Goods. dise of every description; " Inspector"-The Chief Inspector and his deputy Inspector. and any other inspector appointed or deemed to be appointed under this Act: the term includes a sub-inspector; "Measuring instrumey!-t' '-Any instrument, utensil, ~ easuring machine, or appliance (other than standard mstrument. measures of extension or capacity) used for the measurement of length, capacity, or volume: the term includes any self-measuring pump, machine, or appliance whatsoever; "Minister"-The Secretary for Public Works or Minister. other Minister of the Crown charged for the time being with the administration of this Act; "Owner"-The owner, whether jointly or severally, Owner. or the authorised agent, manager, or super- intendent of the owner: the term includes the lessee of or hirer from the owner; "Package" includes anything in or by which Package_ articles are cased, covered, enclosed, con- tained, or packed; " Prescribed "-Prescribed by this Act; Prescribed. "Purchaser" includes a person purchasing as Purehaser. agent for any other person; "Regulations"-Regulations made under the Regulations. authority of this Act; "Sale" (with its derivatives) includes offering or Sale. attempting to sell, or having in possession for sale, or exposing for sale, or sending, forwarding, or delivering for sale, or causing or suffering or permitting or allowing to be sold or offered or exposed for sale; " Stamping "-Stamping, casting, engraving, etch- Stamping. ing, branding, sealing, or otherwise marking in such manner as to be, so far as practicable, indelible; and the expression "stamp" and other expressions relating thereto in this Act are to be construed accordingly; " This Act "-This Act and all regulations made Th,s Act. thereunder; " Vehicle"-Any carriage, cart, wagon, truck, Vehicle. barrow, or other means of carrying anything;

11118 PART 1.- PRELIMI- NARY. s.5. WEIGHTS AND MEASURES. Weights and .Measures Act. 15 GEO. Y. N"o. 2, Weighing instrument. " Weighing instrument"-Any weighbridge, scales, scale beam, balance, spring balance, steelyard, weighing -machine, or other instrument for weighing: the term includes the weights belonging thereto. PART II.- STANDARDS. PART n.-STANDARDS. Certa.in 5. (1.) The several weights and measures deposited ~ \ " eight£ , &c., in the Treasury, at Brisbane, a list whereof is hereunder ~ r!~ :uvv set out, and such other weights and measures of the declared standard of the United Kingdom of Great Britain and ~ ~a~ ~ ard. Ireland as may from time to time be deposited therein by the authority of the Governor in Council, either in addition to such weights and measures or in substitution for the same, shall be there safely kept, and shall for the time being be the standard weights and measures of Queensland :- STANDARD WEIGHTS AND MEASURES AS CERTIFmD TO BY THE BRITISH BOARD OF TRADE STANDARDS DEPARTMENT. AVOIRDUPOIS ""EIGHTS. - Certificate No. 576. One Avoirdupois Weight each of fifty-six pounds, twenty-eight pounds, fourteen pounds, seven pounds, four pounds, two pounds, one pound, eight ounces, four ounces, two ounces, 1 ounce, eight drams, four drams, two drams, one dram, and one-half dram. Certificate No. 619. One Avoirdupois ·Weight each of two hundred and forty grains, one hundred and twenty grains, seventy-two grains, forty-eight grains, twenty-four grains, and twelve grains. ApOTHECARIES WEIGHTS. Certificate No. 576. One Apothecaries Weight each of ten ounces, eight ounces, six ounces, 4 ounces, and two ounces. Certificate No. 452. One Apothecaries Weight· each of one ounce, four drachms, two drachms, one drachm, two scruples, one and a-half scruples, one scruple, one-half scruple, six grains, five grains, four grains, three grains, two grains, one grain, and one-half grain. TROY BULLION WEIGHTS. Certificate No. 576. One Troy Bullion Weight each of 500, 400, 300, 200, 100, 50,40, 30, 20, 10, 5, 4, 3, 2 ounces, 1, 0·5, 0·4, 0'3, 0'2, 0·1, 0·05, 0'04, 0·03, 0·02, 0·01, 0·005, 0'004, 0'003, 0'002, and 0·001 ounce.

1924. WEIGHTS AND MEASURES. WeightsandMeasuresAct.' s. 5. 11119 PART II.- STANDARDS. KILOGRAM WEIGHTS. Certificate No. 703. Twenty kilograms Two grams Ten kilograms One gram Five kilograms Five decigrams Two kilograms Two decigrams One kilogram One decigram Five hundred grams Five centigrams Two hundred grams Two centigrams One hundred grams One centigram Fifty grams Five milligrams Twenty grams Two milligrams Ten grams One milligram Five grams METRIC CARAT WEIGHTS. Certificate No. 620. One Metric Carat Weight each of 500, 400, 300, 200, 100, 50, 40., 30, 20, 10, 5, 4, 3, 2, 1, 0·5, 0·4, 0·3, 0·2, 0·1, 0·05, 0·04, 0·03, 0·02, 0·01, 0·005, 0·004, 0·003, 0·002, and 0·001 C.M. DECIMAl, GRAIN WEIGHTS. Certificate No. 576. One Decimal Grain Weight each of 1,000, 500, 300, 200, 100, 50, 30, 20, 10, 5, 3, 2 grains, 1, 0·5, 0·3, 0·2, 0·1, 0·05, 0·03, 0·02, and 0·01 grain. CYLINDRICAL GUNMETAL MEASURES. Certificate No. 576. One Cylindrical Gunmetal Measure each of forty fluid ounces, twenty fluid ounces, ten fluid ounces, and five fluid ounces. Certificate No. 117. One Cylindrical Gunmetal Measure each of four fluid ounces, three fluid ounces, two fluid ounces, one fluid ounce, four fluid drachms, three fluid drachms, two fluid drachms, one fluid drachm, and thirty minims subdivided (twenty minims, ten minims, five minims, four minims, three minims, two minims, and 1 minim). GLASS MEASURES. Certificate No. 585. One Glass Measure (cylindrical shape) each of ten fluid ounces, four fluid ounces, two fluid ounces, one fluid ounce, four fluid drachms, one hundred and twenty minims, and sixty minims. One subdivided Glass Measure (pipette shape) each to deliver one fluid ounce, two fluid drachms, sixty minims, thirty minims, and ten minims. MEASURES OF CAPACITY. Certificate No. 2719. One Measure of Capacity each of bushel, half bushel, peck, gallon, half gallon, quart, pint, half pint, gill, half gill, and quarter gill. ..

11120 ss. 6, 7. WEIGHTS AND MEASURES. PARTII.- STANDARDS. .. - Weights and Meas'uresAct. .. - - - . ~ ~ - - ~ ~ ~ . - ~ ~ ~ 15 GEO. V. No. 2, New denomina- tions of standards. MEASURES OF LENGTH. Certificate No. 117. One Measure of Length of one hundred feet (ten rods of ten feet each), one of sixty-six feet (ten rods of ten links each), and one of a yard subdivided. (2.) The Governor in Council may from time to time cause to be provided and deposited in the Treasury such new denominations of standards as may appear to him to be required in addition to or in substitution for those hereinbefore in this Act mentioned. Such new denominations of standards, when pro- claimed in the Gazette, shall be standard weights and measures of Queensland. Depart- ment,,[ standards. 6. 'Whenever it becomes necessary so to do, the Minister shall cause copies of the standard weights and measures of Queensland to be made, and, after being verified on oath as correct by the Chief Inspector, to be legibly stamped to show that they have been so verified. The stamp shall consist of such letters and figures as are commonly used to signify the name or mark of the Sovereign, together with "S.W.," that is, Standard 'Weight, or "S.M.," that is, Standard Measure, as the case may be, and the number of pounds or other denomination of such weight or measure. Such copies, after having been so stamped, shall be transmitted by the Chief Inspector to such inspectors as require them, and shall be safely and securely kept by them and used a"l departmental standards for the purposes of this Act. Such copies shall be known as the " departmental standards." All copies of standard weights and measures issued to State inspectors appointed under the Acts hereby repealed shall be deemed to be departmental standards within the meaning of this Act, and, unless in any case the Minister orders them or any of them to be called in and other departmental standards to be i.ssued in lieu thereof, shall be retained and used by inspectors under and for the purposes of this Act. In case of 7. If any of such standard weights or standard c st o a p ~ I d e a s rbd e ~ Inogr measures or department • al standards are . lost, destroyed, lost, &c., defaced, or otherwise injured, another wOlght or measure othe~ ? ~ o be or departmental standard shall be provided by the BUPP le. Minister, of the same size and weight or measure as the weight or measure or dep:Htmental standard so lost,

1924. WEIGHTS AND MEASURES. . Weights and Measnres Act. ss. 8, 9. 11121 PART II.- STANDARDS. destrpyed, defaced, or injured, and the same shall be deemed to be a standard weight or standard measure or departmental standard for the purposes of this Act. 8. (1.) The weight denominated a stone shall in all The stone, cas . es h consist of fourteen pounds standard . avoirdupois w hu e ~ d lg hrte , d a - nd wmgt. ~~ The weight denominated one hundredweight shall consist of one hundred and twelve such pounds. ... The weight denominated a ton shall, except in the case of bran, pollard, and flour, consist of two thousand two hundred and forty such po,?-nds. The ton of standard weight for bran, pollard, and flour shall be two thousand such pounds. (2.) The bushel of standard weight for the under- Bushel of mentioned produce shall respectively consist of the Bta. n~ ~ rd number of pounds standard avoirdupois weight following, welg . that is to say- Wheat, rye, beans, peas, and cow peas Maize Barley .• Oats Bran and pollard Sixty pounds Fifty-six pounds Fifty pounds Forty pounds Twenty pounds PART III.- PART III.-ADMINISTRATION. ADMINISTRA- TION. 9. (1.) The Governor in Council may from time to Chief time appoint a Chief Inspector of Weights and Measures ~ ~ pector, and such other inspectors, sub-inspectors, and officers as may be necessary for the effectual execution of this Act. The Chief Inspector of Weights and Measures and Existing his deputy, and every inspector, sub-inspector, and officers. officer appointed under the repealed Acts and holding office at the date of the passing of this Act, shall be deemed to have been appointed respectively Chief Inspector of Weights and Measures and his deputy and inspector, sub-inspector, and officer, as the case may be, under and for the purposes of this Act. (2.) Every inspector shall perform the duties imposed ?uties of upon him by this Act under the general supervision and Illspectors. direction of the Chief Inspector. (3.) The Chief Inspector may from time to time Inquiries. make or cause to be made such inquiries and investiga- tions as he thinks necessary for the effectual execution of his duties and the duties of inspectors and officers.

11122 PART I1I.- ADMINISTRA- TION. ss. 10-14. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 15 GEO. V. No. 2, DInesppuectytoCr.hief of th(e4. ) ChWiehf eInnesvpeerc, tboyr orreafsoornoothfetrhseufafibcsieenntcecaoursei, llintesiss expedient so to do, the Governor in Council may appoint a person to act as the deputy of the Chief Inspector; and during the term of his office such deputy shall have all the powers and authorities and shall perform all the duties of the Chief Inspector, and shall for the purposes of this Act be deemed in all respects to be the Chief Inspector. Balances, 10. The Chief Inspector shall provide and supply to stamps, &c. each inspector the necessary departmental standards and all necessary equipment and appliances for carrying this Act into effect, and also stamps for stamping weights and measures and weighing instruments and measuring instruments. CompariRon and 11. The inspector shall, on payment of the fees adjustment prescribed, compare and adjust with the departmental aomnfedwaseuirgehst. s tshtaenpduarrpdossael. l weights and measures brought to him for Weights and 12. All weights and measures, for whatsoever pur- mbeeaesxuarmesintoed pose used or to be used,sh a11 be compared and adJ' usted and $tsmped. with the departmental standards by the inspector, and the inspector shall stamp, in such a manner as best to prevent fraud, all such weights and measures when compared and adjusted by him, if they are found to correspond with the departmental standards and to be in accordance with this Act. Contents of weights and mea~ ures to be stamped on them. 13. Except as by this Act is otherwise provided- (i.) Every weight shall have the number of pounds or other denomination contained in such weight stamped on the top or side thereof in legible figures and letters; (ii.) Every measure of capacity shall have its capacity denominated or stamped on the outside thereof in legible figures and letters. Weights made of certain substances not to be stamped. 14. No weight made of lead or pewter, or of any mixture thereof, or of china or earthenware, shall be stamped or used: Provided that nothing herein contained shall prevent the insertion of a plug of lead or pewter into any weight for the purpose of adjusting it, if the stamp hereinafter mentioned is affixed thereon.

1924. WEIGHTS AND MEASURES. WeightsandMeasuresAct. ss. 15, 16. 11123 PART III.- ADMINISTRA- TION. 15. (1.) The Governor in Council may from time to Stamping time, by notification published in the Gazette, direct that : :~ghing every or any class of- (a) Weighing instrument, measuring instruments. (b) Measuring instrument, shall be adjusted, verified, and stamped by an inspector. Any such notification may, if deemed expedient, be limited in operation so as to relate only to weighing instruments and measuring instruments located within any defined part of Queensland. Thereupon it shall be the duty of the inspector to adjust, verify, and stamp every weighing instrument and measuring instrument to which such notification relates, when and so often as in his opinion it is necessary so to do; and for so doing the fees prescribed shall be payable. Every person who, after the expiration of three Using, &c., months from the date of such notification, uses or has in ~ ~ ~ : ~ ~ ~ e~ l' his pos3ession any weighing instrument or measuring ~ ! )asuring instrument to which such notification relates, not so mstrument. stamped, shall for a first offence be liable to a penalty not exceeding ten pounds, and for a second or subse- quent offence to a penalty not exceeding twenty pounds_ (2.) Every notification made by the Governor in Notification Council under section twenty-one of the repealed Acts ~f~ :; e~l; l and in force at the date of the passing of this Acts. Act shall, until superseded by a notification under subsection one hereof, remain in full force and effect, - and shall be deemed to be a notification under subsection one hereof. Every person who, after the expiration of thirty days after the date of the passing of t,his Act, uses or has in his possession any weighing instrument or measuring instrument, to which any notification made under the said section twenty-one of the repealed Acts relates, not so stamped, shall for a first, offence be liable to a penalty not exceeding ten pounds, and for a second or subsequent offence to a penalty not exceeding twenty pounds. 16. (1.) Nothing which is not ordinarily part of a Spec~ a~ WC . lg h" Ing Instrument s h a 11 b e use d to ma k e ' I t b a 1 ance. t p o rO w V e 1 i S g lO h n in s g as (2.) No weighing instrument with removable parts, instruments. the removal of which would affect the accuracy of the

11124 PART III.- ADMINISTRA- TION. s. 17. WEIGH'l'S AND l\lEASCRES. TVeights and Jleasllres A.ct. 15 GEO. V. No. 2, instrument, shall be stamped unless the parts are such that the instrument cannot be used without them. Provision to (3.) For the verification or reverification of any bfaecmiliatdateinfgor weighing instrument exceeding a capacity of five hundred- verifica~ ion weights, the owner thereof shall, at the request of an owfecigehirntgain I ' nSpeC t Or, prOVl 'd e at t h e p 1 ace 0 f ven' fica t' lOn or re- instruments. verification :- (a) ·Weights, stamped by an inspector, up to one-tenth of the capacity of such weighing instrument; and (b) Such heavy material of such weight (in convenient form of handling) and such labour as the inspector considers necessary for the proper conduct of such verification or reverification, Weighing 17. (1.) The owner of every mill, refinery, creamery, . finorstpruromdeuncte. factory, produce store, market, or other building or place for the treatment, purchase, or sale of agricultural or dairy produce shall provide, in or convenient to such building or place, a suitable weighing instrument. He shall cause the same to be erected, placed, covered in, or otherwise protected, and from time to time to be adjusted and verified in accordance with this Act. He shall when requested so to do, and without undue delay, and without charge, cause to be weighed thereon all such produce which he has purchased or sold, or with respect to which he has entered into any contract qualified or conditioned in any way with respect to the weight of such produce. He shall give facilities to any person from whom he has purchased or is receiving any such produce, or to whom he has sold or is delivering the same, to observe and check the weighing of such produce. Appointment of check- (2.) The person entitled to observe and check the weigher. weighing of such produce shall also be entitled and permitted, at his own cost, to station a person (called a "check-weigher") at the place of weighing such produce in order to check and take an account of the weight thereof. Where a check-wejgher is appointed to perform his duties on behalf of several such persons, those persons may agree with the owner for the payment 6f the check-

] 9~ 4, WEIGHTS A::\D ~\ IEASURES, TV eights and }vIeaSll}'es Act, ss. 18, 19. 11125 PART III.- ADMINISTRA- 'flON, weigher by the owner and the deduction of all such pay- ments from moneys payable by the owner to such persons respectiyely in such proportions as may be agreed on. Such owner shall give facilities to a check-weigher, or the person entitled to appoint a check-weigher, to enable him to perform the duties of check-weighing, including facilities for examining and testing the weigh- ing instrument and checking the taring of vehicles. Such owner shall also, if required, provide at the place of weighing reasonable board and lodging for such check-weigher, and shall be entitled to demand a reasonable payment therefor. (3.) Every such owner who fails to provide such weighing instrument, or to observe the requirements of this section with respect thereto, or to afford proper facilities as aforesaid, shall be liable to a penalty not exceeding twenty pounds, unless he proves that he has taken all reasonable means to carry out the requirements of this section. 18. In any case where the Chief Inspector is of Chief it opinion that is necessary or expedient so to do, he ~~: r~: ~~l' may order the owner or occupier of any premises on weight.s, &(:-' which are any weights or measures or weighing instru- i~r~~~ q~~ ~ lU ments or measuring instruments to forward and deliver &e, to' them, or any of them, to any place named by the Chief Inspector for the purpose of examination, testing, adjustment, verification, and stamping. And such owner or occupier shall bear the expense of forwarding and delivering and return of such articles. Any person who fails to comply with such order shall be guilty of an offence against this Act. 19. (1.) Any inspector may at all reasonable timeS-In"pectors ( a ) E n t er any h ouse, b Ul 'Id m ' g, pr~ mls , es, or p 1 ace m sh a o y pse, n & t ~ e " r whatsoever, or stop any vehlCle, and there and examine inspect all weights, measures, and weighing halntlces, &a, instruments and measuring instruments of every kind which are used for trading pur- poses pursuant to any contract or proposed contract; and (b) Inspect any weights, measures, weighing instruments, and measuring instruments of every kind in or upon any road or street, or in or upon any vehicle upon any road or

11126 PART III.- ADMINISTRA- TION. s.19. WEIGHTS AND MEASURES. Weights and MeaS1l1'eS Act. 15 GEO. V. ~ ~ o. 2, street, or in the possession of any person having a pack, basket, or other receptacle containing articles for sale; and (c) Examine and test such weights, measures, and weighjng instruments and measuring in- struments; and (d) Examine and weigh 01' measure or cause to be weighed or measured, in the presence of the person in charge of the same, any article kept or exposed for sale in a package. H, ~ ving uwnejiugshtts, (2.) If upon such examination it appears that any WC • lhgt, measure, wC.lghl' ng I.ns t rumen t , or measun . ng measures, or instrument is not stamped as required by this Act, or balances. that any weight is light or otherwise unjust, or that any measure is incorrect or otherwise unjust, or that any weighing instrument or measuring instrument is unjust, the same shall be seized by the inspector and may be forfeited, arid the person in whose possession the same is found shall be liable to a penalty not exceeding ten pounds, unless such weights are troy weights, or such weighing instrument or measuring instrument has been used or is such as is commonly used with troy weights, in which case he shall be liable to a penalty not exceeding fifty pounds : Provided that- (a) The inspector may, in cases where he deems it proper so to do, in lieu of immediately seizing any weight, measure, or weighing instrument or measuring instrument so found to be light, incorrect, or unjust, give to the person found in possession of the same notice, in writing, to have the same corrected and made true and just within fourteen days or such shorter period as the inspector deems fit and in the meantime to cease to use the same; (b) If such notice is complied with to the satis- faction of the inspector, he shall not take any further action under this section, but, if such notice is not so complied with, the inspector shall, at the expiration of the time specified in the said notice, seize the weights, measures, or weighing instruments or measur- ing instruments in question; and the same

1924. WEIGHTS A.'\D l\IFJASURES. Weights and 1J1easures Act. ss. 20-22. 11127 PART III.- ADMINISTRA> TJOX. consequences as to forfeiture and penalty shall ensue as if no such notice had been given by him. (3.) If, upon weighing or measuring any article kept or exposed for sale in a package, it appears that a contravention of this Act has been committed. he shall seize such article. > (4.) For each such examination the fees prescribed shall be paid, but such fees shall not be payable by the same person more than once in every twelve months, except in case of repairs and necessary adjustment, in which case the prescribed fees shall be paid. 20. Any inspector who stamps any weight or Default of measure or weighing instrument or measuring instrument inspector. without duly comparing, adjusting, and verifying the same, or who is guilty of a breach of any duty imposed upon him by this Act, or otherwise misconducts himself in the execution of his office, shall be liable to a penalty not exceeding twenty pounds, and shall in addition vacate his office. 21. Any person who hinders or obstructs or in any Obstruction way prevents any inspector in the execution of his of inspeetor. duty under this Act, or does not, when requested by any inspector, produce all weights, measures, weighing instruments and measuring instruments in his possession for examination, testing, comparison, adjustment, or verification, shall be guilty of an offence against this Act. PART IY>- PROVISIONS PART IV.-PROVISIONS AS TO SALE, ETC. AS TO SALE, > &c. 22. (1.) Every contract made in Queensland for any Contracts work or goods which has . or hav . e been or is or are to be abneda s c a c l o e r s d ~ m o g done, sold, purchased, delIvered, carned, or agreed for by to standard weight. or measure, shall be deeI?ed to be made and had ~ : ; ~ ; I~ e: . hJ accordmg to the standard WeIghts or measures ascer- . tained by this Act, or to some multiple or part thereof, and if not so made or had shall be void. All tolls or duties charged or collected according to weight or measure shall be charged and collected accord- ing to one of the abovementioned standards or to some multiple or part thereof. (2.) Subj ect to this Act no person shall sell or buy Sale to be by by any denomination of weight or measure other than standards. the standard weights or measures or some multiple or part thereof.

11128 ss. 23, 24. WEIGHTS AND MEASURES. PART IV.- PROVISIONS AS TO SALE, &0. Weights and MeaStl1·es Act. 15 GEO. V. No. 2, Foreign. 'Coutracts. (3.) This section does not apply to a contract in connection with the importation or export of goods from or to a country where other than the standard weights or measures ascertajned by this Act are used. abAverot s ii o crdl l e d uspbtooyis. aVOI . T 2 d 3 U . pO (1 l . S .) WAel . llg h atr,ticelxecsespotldt h baytw-eight shall be sold by (a) Gold and silver and articles made of gold or silver or partly gold and partly silver and platinum and other precious metals may be sold by the ounce troy, or by any decimal par~ of such ounce, or by pennyweights or grams; (b) Diamonds and other precious stones shall be sold by the metric carat or by any decimal part of such carat; and (c) Drugs, when sold by retail, may be sold by apothecaries weight. All contracts in relation thereto shall be deemed to be made by such weights, and where so made shall be valid. Maize, &0., (2.) All grain, agricultural and vegetable seeds, mill ~ e~ ~ : o~ ~ dby by-products of grain, hay, straw, chaff, and concentrated not by or prepared stock foods shall be sold by standard weight measure. and not by measure. Any person who sells any of them by measure and not by weight shall be liable to a penalty not exceeding five pounds. Any contract with respect to any such produce by measure and not by weight shall be wholly null and void. Saving of other Acts. 24. Nothing in this Act shall be construed to repeal or prejudicially affect any of the provisions of-- (a) *" The Pure Seeds Act of 1913"; (b) t" The Fertilisers Act of 1914" ; (c) t"The Stock Foods Act of 1919"; (d) §" 'The Pest Destroyers Act of 1923" ; or any Act amending or in substitution for the same or any of them; and nothing in this Act contained shall be * 4 Geo. V. No. 30, supra, page 582l. t 5 Geo. V. No. 8, supra, page 7713. t 10 Geo. V. No. 8, supra, page 9320. § 14 Geo. V. No. 3, supra, page 10743.

WEIGHTS AND 1\IEASURl<JS. ss. 25, 26. 11129 1924. TV eights and JY1 easlltes Act. PART IV.- PROVISIONS AS TO SALE, &C. construed to apply to the sale of growing crops or loads of unthreshed grain, or repeal or prejudicially affect any provision of the *" MercanWe Act of 1867." 25. (1.) No person shall sell by retail any article by Sal.e by net weight nr measure unless by net weight or measure. ; : , ~ ' ! , , ~ ~ z. r (2.) Every person delivering to any purchaser, at Inv:oices and any place other than the premises of the seller, any ~ ~ ~' : g~ ry article so sold, shall deliver an invoice or delivery note, showing the net weight or measure of such article. (3.) No person shall sell by retail any article Package of enclosed in a package unless the net weight or measure ~ ~ ~ ~ S~ ~ ight of the article is legibly written or printed upon the or.measure outside of the package, or upon a label firmly attached fh~ ~ ; ~ ~ . thereto. (4.) Weights and measures closely approximating Approxi- those indicated on the invoice or delivery note, label, or ~ :~ hts and inscription may be allowed, when and as prescribed by measme~ . regulations, either generally or with respect to particular articles. (5.) Subsections two and three hereof do not apply to articles weighed or measured, before or at the time of sale, in the presence of the purchaser. (6.) This section shall not apply to any article Exemptions. exempted by the regulations. expir(a7t. ) ionThoifs osneectyioenar sfhraoHm nthoet dtaaktee oef fftehcet puanstsim . l gthoef oPmpoesentr,atptooinof en- s this Act. of section. 26. (1.) Where the net weight or measure of an Wl:,ere net article sold is stated in an invoice or delivery note, or is : ~ '! ~ trZ~s written or printed on a package enclosing the article, not correctly an cl sueh net WeI.ght or measure I . S not correctly so stated. stated, written, or printed, the seller shall be guilty of an offence against this Act: (2.) Provided that in any prosecution for a contra- Prov,iso as to vention of this section it shall be sufficient defence if ~ ~ : k~ ge. the seller of an article enclosed in a package- (i.) Produces from the person from whom he purchased such article a written guarantee that the weight or measure written or printed on the package is correct; and * 31 Vic. No. 36, supra, p"'ge 2133.

11130 PART IV.- PROVISIONS AS TO SALE, &0. ss. 27, 28. WEIGHTS AXD ~IEASURES. WeightsandMeasuresAct. 15 GEO. V. No. ~ , (ii.) Proves that he sold such article in the same state as when purchased by him, subject to the following conditions :- (iii.) That the person giving the guarantee must be resident in Queensland, or, if a company, must have a registered office in Queensland; and (iv.) The guarantee must state the name and the place of business of the guarantor, and the name under which he trades. The form of guarantee under this section may be prescribed by regulation. Any person who gives a guarantee which is false shall, . in addition to the penalty for the sale of any article in contravention of this Act, be guilty of an offence against this Act. Purcha~ e by 27. Any person who purchases by any vessel imperial represented as containing the amount of any Imperial measure. measure, or of any multiple thereof, may require the contents of such vessel to be ascertained by a comparison with a stamped measure; which stamped measure shall be provided by the seller. If the seller refuses to make such comparison, or if, upon such comparison being made, such vessel is found to be deficient in capacity, the seller shall be subject to the forfeitures and penalties imposed by this Act on persons for using light or unjust weights or measures. Sale of coal 28. (1.) All coal and firewood shall be sold by a b n y dwfmi:egwhtood net weight : unless by consent of Provided that in the case of quantities exceeding purchaser. five hundredweights, if the written consent of the pur- chaser is obtained, it may be sold otherwise as agreed. Written The driver of any vehicle conveying coal or fiTewood ~ : n; ~ ~ 1~ ~ ed. in quantities exceeding five hundredweights, which the purchaser has agreed shall be sold otherwise than by net weight, shall carry the purchaser's written consent to such sale and shall produce it on demand to any inspector. Fraudulent sales. (2.) Any person who- (i.) Sells coal or firewood by description which is false as to the sort of coal or firewood sold; or

WEIGHTS AND MEASURES. ss. 29, 30. 1113] 1924. lYeights and ~ f easnres Act. PART IV.- PROVISIONS AS TO SALE &0. . (ii.) Sells or delivers wet coal or firewood with intent to defraud the purchaser as to the weight of coal or firewood sold or delivered; shall be guilty of an offence against this Act. (3.) Save as herein expressly provided, the provisions of this section are in addition to and not in derogation ()f any other section of this Act relating to the sale of articles. 29. (1.) Where any person in a shop or other Provision fer place, or in any vehicle, pack, basket, or other receptacle, weighi~g or sells, by retail, by weight or measure, any article, he shall measurmg. have in a convenient place, capable of being easily seen by the purchaser, a suitable weighing instrument or measure, with the necessary weights for weighing such article; and shall, at the request of the purchaser of any article sold by retail, by weight or measure, weigh or measure it in the presence of the purchaser. (2.) All weights, measures, and weighing instruments and measuring instruments shall be so constructed and placed in such a position on the premises of the seller that the buyer can see the weights or measures or register of weight or measure by which he is buying. 30 (a . ) ABnyy pmeresaonns wohf ow- ords, deSCr.IptI.On, or other adFseacltsolearation idnedci 1 caaratitoI . On,n doirrecst toarteimndeinret, ct, omr amkle . Ss 1 eaandys fa a l n s y em W e~ e s I u g r h e ts s , , &c, person, as to the number, quantity, measure, gauge, or weight of any article sold or delivered by him; or (b) Sells or delivers or causes to be sold or delivered any article short of the quantity ordered or purchased; or (c) Being in charge of a vehicle, makes any false statement as to the tareweight of the vehicle or does any act by which either the seller or purchaser of any article is defrauded; or (d) For purposes of sale, mixes or causes or permits to be mixed or causes or permits to be retained or to remain with any article any foreign matter, or, if a proportion of foreign matter is by the regulations permitted to be retained or remain with any article, any Q

11132 PART IV.- PROVISIO~ S AS TO SALE, &c. ss. 31, 32. WEIGHTS AND MEASURES. Weights and Measnres Act. 15 GEe). V. No. 2, foreign matter beyond the proportion so per- mitted by the regulations to be retained or to remain; or (e) In the sale by retail of any foodstuff for consumption by man, whether in a shop or from a vehicle, does not forthwith declare to the purchaser the correct weight of the article then sold; shall be guilty of an offence against this Act. Fraud in using weight or measure. 31. Any person who- (a) By means of any unlawful or light or incorrect or unjust weight or measure or weighing instrument or measuring instrument; or (b) In using any weight, measure, or weighing instrument or measuring instrument, defrauds or attempts to defraud, or counsels or procures another to defraud or attempt to defraud any person, shall for a first offence be liable to a penalty not exceed- ing ten pounds, and for a second or any subsequent offence to a penalty not exceeding twenty pounds, and in either case the weight, measure, or instrument shall be seized and forfeited. Using 32. (1.) Any person who for the purposes of any con- lwanueetiahgsohurtri, ; seesadnn. dot torrawcteIu . gsheisngorI. nhsatsruinmheinst poorssmeessaisounrI.anng.yInwsetriguhmteonr t - measure (i.) Other than such as has been compared and stamped under this Act; or (ii.) Other than those authorised by this Act or an aliquot part or multiple thereof; or (iii.) Which is light or incorrect or otherwise unjust; or (iv.) Which has become defective in consequence of wear or accident or has been mended or repaired, until the same has been restamped ; shall be liable to a penalty not exceeding ten pounds, except in the case of troy weight, in which case he shall be liable to a penalty not exceeding fifty pounds. I (2.) Moreover, any contract made by any such weight or measure or weighing instrument or measuring instru- ment shall be wholly null and void.

WEIGHTS AND MEASURES. ss. 33, 34. 11133 1924. Weights and .Lvi easutt;s Act. PART IV.- PROVISIONS AS TO SALE, &0. (3.) Any person mending or repairing such defective weight, measure, or instrument shall destroy any existing stamp thereon. . 33. (1.) Any person who- (a) Falsifies or otherwise wilfully injures or destroys Falsification, any standard weight or standard measure or !~ ~~: rcls. departmental standard; (b) Forges or counterfeits or unlawfully has in Forged his possession, or causes or procures to be stamp. forged or counterfeited, or acts or assists in the forging or counterfeiting, any stamp for the stamping any weight, measure, or weigh- ing instrument or measuring instrument, or in any way alters or tampers with any weight, measure, or weighing instrument or measuring instrument which has been duly stamped, so as to cause it to weigh or measure unjustly; (c) Uses, sells, alters, disposes of, or exposes for Weight, sale any weight, measure, or weighing instru- : : : , ~ : ~ ~ r ment or measuring instrument, with such with forged forged or counterfeit stamp thereon, or any stamp. weight, measure, or weighing instrument or measuring instrument so altered or tampered with; (d) Makes or sells, or causes to be made or sold, Fa!se or any wm.ght,measure, or wm.g l J ' Ing I . ns t rumen t uwnejiugshtt, U or n] . U m S et a ; suorring instrument which is false or imnsetarsuumree,not,. r (e) Increases or diminishes an • v y stamped weight or d I: l ~ m lC l ~ ll e l ~ s s h i m ~ g g or measure, or uses, sells, disposes of, or exposes stamped fwomr. gshatleor amnyeassuucrhe; increased or diminished wmeeiagshutreo.r shall be liable to a penalty not exceeding fifty pounds, and all such weights and measures and weighing instru- ments and measuring instruments and all such forged or counterfeited stamps shall be seized and forfeited. (2.) Any contract made in reference to any false Contract in or un] . ust We.Ight, measure, or WeI.ghl' ng i . llS t rument or fraelfseerewnceeig t h o t measuring instrument shall be wholly null and void. or measure. PART V.- PART V.-GENERAL PROVISIONS. GENERAL PRonsIOXS. 34. Arrangements may be made and carried into Arrange-. effect by and between the Minister, representing the : : nd~ ; ~ ~ n_ © State of Queensland, and the Commonwealth of Australia wealth.

11134 PARTV.- GENERAL PROVISIONS. SS. 35-38. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 15 GEO. V. No. 2, or any Department thereof for carrying into execution all or any of the provisions of this Act with respect to weights, measures, weighing instruments, and measuring instruments used or to be used upon any land, premises, or place vested in or under the control of the Common- wealth of Australia. Offence 35. When any act is by this Act directed or for- against Act. bidden to be done, or when any authority is given by this Act to any person to direct any act to be done, or to forbid any act to be done, and such act so directed to be done remains undone, or such act so forbidden to be done is done, in every such case every person who offends against such direction or prohibition shall be guilty of an offenqe against this Act. Penalties. Forfeiture. 36. (1.) Any person who is guilty of an offence against this Act for which no specific penalty is in this Act provided shall be liable to a penalty not exceeding twenty pounds. (2.) Any weights, measures, or weighing instruments or measuring instruments in connection with which any offence against this Act was committed may, on convic- tion of any person guilty of such offence, be forfeited to His Maj esty, and shall be disposed of as the Chief Inspector directs. Who t? 37. (1.) No prosecution for any offence against ~ ~ ~ ~ ~ : ~ ~ gs. this A~ t shall be instituted without the authority of the Chief Inspector. Limitation. (2.) Any such prosecution may be instituted within six months after knowledge of the commission of such offence first came to the Chief Inspector. Prosecution 38. (1.) All proceedings in respect of offences of offences. against this Act may be heard and determined in a summary way by complaint under *" The JU8tices Act8, 1886 to 1909." Proceedings (2.) Proceedings for an offence against this Act by c a o g r a p i o n r s S t U ... lons. aagacm • orsptoraantiyonpeorsronincwohr 0 po I . r S attehde cmomanpaagneyr morayactbse m. takthene management of such corporation or company, and such person shall be personally liable in such proceedings for such offence. Recovery of (3.) All proceedings for the recovery of any fees, fees, &c. charges, or expenses under this Act may be instituted by * 50'vic. No. 17 and amending Acts, 8upra, pages 1132 et seq.

1924. WEIGHTS AND :MEASURES. lYeights and Measures Act. s.38. 11135 PARTV.- GENERAL PROVISIOXS. the Chief Inspector in his official mime, and may be heard and determined in any court of competent jurisdiction. (4.) In any proceedings it shall not be necessary Presump. to prove the appointment of any inspector or officer tions. under this Act, or the authority of any inspector or officer to do any act or to issue any order or give any direction or take any proceeding, or that any standard weight or measure or any departmental standard or stamp was or is deposited, kept, stamped, verified, or used under or for the purposes of this Act, or is such standard or departmental standard or stamp, or that any weight or measure or weighing instrument or measuring instrument has or has not been duly compared, adjusted, verified, or stamped under this Act, or that any fees, charges, or expenses are due; and the averment of any such thing as aforesaid where necessary in any complaint shall be sufficient evidence of the fact until the contrary is proved. (5.) When any weight, measure, or weighing instru- Evidence ment or measurI . ng . Instrument I . S f oun d' In t h e posseSSI . On pasostsoession. 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 trade, such person shall be deemed for the purpose of this Act to have such weight, measure, or instrument in his possession for use for trade. (6.) When a person is convicted under any provision Second or of this Act of a second or subsequent offence, and the subsequent Court by which he is convicted is of opinion that such offences. offence was committed with intent to defraud, he shall be liable, in addition to or in lieu of any penalty, to be imprisoned for any period not exceeding six months. (7.) In any conviction under this Act, the Court Cost~ o~ may order such payment as it thinks fit as compensation convlCtlOn. for loss of time or expense incurred in consequence of the offence of which defenda.Ht was convicted, or in connection with the proceedings to secure such conviction. (8.) No proceeding or conviction for any offence Ci:ril.and punishable under this Act shall affect any civil remedy to ~ ~ l: ~ ~~ : ngs. which any person aggrieved by the offence may be entitled.

11136 PART V.- GENERAL PROVISIONS. s. 39. WEIGHTS AND MEASURES. We'ights and Meas11res Act. 15 GEO. V. No. 2, Indictment, (9.) This Act shall not exempt any person from an .&c. indictment or other proceeding for an offence which is punishable at common law or under some other Act: Provided that no person shall be punished twice for the same offence. Regulations. 39. The Governor in Council may from time to time make regulations with respect to all or any of the following matters, namely:- Qualifica- tions of inspectors. (i.) The qualifications to be possessed or the examination to be passed by persons desirous of becoming inspectors ; DutieR of· inspectors. Care and verification of standards. (ii.) The powers and duties of inspectors; (iii.) The conditions for the supply, custody, care, and verification of standard weights and standard measures, and of departmental standards; . Verification ·of depart- mental standards. Method of stamping. Limit of -error. Weight- notes and weighing. Check- weighers. Differentia· tion of weighing instruments. 'Coal fire- wood, and other bulky goods. (iv.) The periodical verification of departmental standards, and of weighing instruments and measuring instruments, whether used by private owners or by any Department of the Crown; (v.) The method of comparing, adjusting, verify- ing, and stamping weights, measures, and' weighing instruments and measuring instru- ments; (vi.) The limitation of error which may be permitted in any weight, measure, or weighing instru- ment or measuring instrument; (vii.) The forms to be used and the conditions to be observed in the giving or taking of weight- notes, and the procedure to be observed in weighing produce or other goods; (viii.) Preventing undue interference by check- weighers with the premises, property, or employees of owners; (ix.) The class or make or power of weighing instruments and measuring instruments, and imposing conditions respecting the placing, erection, and protection of the same; (x.) The sale, weighing, and delivery of coal, fire- wood, and other bulky goods, and the provision and use of weighing instruments in

WEIGHTS AND MEASURES. s. 39. - ~ ' - ~ - - -~ ' -- ------"--- - - " - " - - - - - - - - - - Weights and Measur'es Act. 11137 PART V.- GENERAL PROYISIONS. connection therewith; the issue by sellers, to drivers of vehicles conveying such goods, of weight tickets, and the carrying and production of such tickets and delivery of the same to purchasers; (xi.) The regulation of the taking of tareweights Tareweights. of any vehicle used for the conveyance of goods sold or carried by weight; the issue and . production of tickets showing such weight, or the weight of the loading on such vehicle, or the weight of the loading and the vehicle; providing in any case for such weighing on demand by a purchaser or an inspector, and for preventing frauds in con- nection with goods conveyed on vehicles and sold or carried by weight; (xii.) Providing for any m.atter in respect of which Bxercise of this Act permits regulations to be made; x~ : . - er under (xiii.) Imposing a penalty not exceeding twenty Penalties. pounds for any breach of any regulation; (xiv.) Fixing the fees payable in respect of any Fixing foos. examination, comparison, adjustment, verifi- cation, stamping, or service under this Act; fixing the amount or proportion of travelling expenses and porterage incurred in connection with the examination, comparison, adjust- ment, verification, or stamping of weighing instruments and measuring instruments which shall be payable by the owners of such instruments; (xv.) Providing for all or any purposes, whether Generally. . general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there :rp.ay be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. All such regulations shall be published in the Gazette, and shall thereupon have the same force and effect as if they were embodied in and formed part of this Act and shall be judicially noticed.

11138 PARTV.- GENERAL PROVISIO:<IS. s.39. WEIGHTS AND MEASURES. Weights and Measures Act. 15 GEO. V. No. 2, 1924. Such regulations shall be laid before Parliament within three weeks after such publication, if Parliament js then sitting, and if not, then within three weeks after the beginning of the then next session of Parliament. If the Legislative Assembly passes a resolution dis- allowing any such regulation, of which resolution notice hasbeen given at any time within thirty sitting days of the House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.