Weights and Measures Act of 1951 (15 Geo Vi No. 35) (Qld)

WEIGHTS AND MEASURES. 15 G eo . VI. No. 35, 1951. Weights and Measures Act. 571 WEIGHTS AND MEASURES. An Act to Consolidate and Amend the Law relatin ° g T he W eights to Improper Practices in connection withXr^i™8 Weights and Measures. PAKTI_ [A ssented to 8 th N ovember , 1951.] B 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:— P art I.—P reliminary . P art I.— P reliminary . 1. This Act may be cited as “ The Weights arid short title. Measures Act of 1951.” 2. This Act, including every Proclamation and Construction regulation made hereunder, shall be read and construed of Aot- so as not to exceed the legislative power of the State to the intent that, where any enactment hereof or provision of any such Proclamation or regulation would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. 3. This Act is divided into Parts as follows :— P art I. —P reliminary ; Parts 0f Act. P art II. —U nits —S tandards ; P art III. —A dministration ; P art IV —B read -W eights ; P art V. —S ale of A rticles and U se of W eights and M easures for T rade ; P art VI.— G eneral ; S chedule . 4. * “ The Weights and Measures Acts, 1924 to 1931 ” Repeals and (herein referred to as “ the repealed Acts ”) are herebysaving8- repealed. * 15 G. 5 No. 2 and amending Acts.

572 P art I.— ‘ reliminary . WEIGHTS AND MEASURES. ' ' Weightsand MeasuresAct. 15 G eo . VI. No. 35, Provided that, but without limiting the operation of * “ The Acts Shortening Acts ”— (i.) Unless otherwise expressly provided, every Proclamation, regulation, certificate, order, requisition, notice, registration, license, register, record, instrument or other act of authority made, granted, issued, given, done, or originated under the repealed Acts and subsisting at the passing of this Act, shall, subject as hereinafter provided, continue in force for the purposes of this Act until it expires by effluxion of time or is repealed, amended, or otherwise modified, revoked, cancelled, suspended or surrendered under this Act: Provided that every such Proclamation regulation, certificate, order, requisition, notice, registration, license, register, record, instrument, and act of authority shall be read and construed subject to this Act: (ii.) Any and every stamp placed on any weight, measure, weighing instrument, or measuring instrument under and for the purposes of the repealed Acts and having force and effect thereunder immediately prior to the passing of this Act shall continue to have, subject to and for the purposes of this Act, the same force and effect, and where applicable, for the remainder of any period of time during which that stamp would have had force and effect if this Act had not been passed ; (iii.) All penalties and forfeitures imposed and fees, charges, and expenses payable under the repealed Acts and not recovered or, as the case may be, paid at the passing of this Act may be enforced or recovered, and applied as if this Act had not been passed ; (iv.) All actions and proceedings of whatever nature commenced or pending at the passing of this Act under the repealed Acts may be carried on and prosecuted as if this Act had not been passed, and no such action or proceeding shall abate or be discontinued or prejudicially affected by any thing in this Act contained; * 31 V. No. 6 and amending Acts.

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 573 PART i — P reliminary . (v.) The Chief Inspector of Weights and Measures, the Deputy Chief Inspector of Weights and Measures, all other inspectors (including assistant inspectors) and all other officers appointed under the repealed Acts and in office at the passing of this Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively in terms of their appointment without further or other appointment under this Act; (vi.) When in any other Act reference is made to the repealed Acts, or to any provision thereof, it shall be taken, unless the context otherwise indicates or requires, that that reference is to this Act or, as the case requires, to the corresponding provision of this Act, and that reference shall be read and construed accordingly. 5. (1.) Unless otherwise expressly provided the Application provisions of this Act shall be in addition to and not in0 ct‘ substitution for or diminution of the provisions of any other Act or of any regulation or rule thereunder: Provided that where any act or omission is an offence both under a provision of this Act and under a provision of such other Act or of any regulation or rule thereunder, the offender may be prosecuted under either such provision but so that he shall not be twice punished for that offence. (2.) Unless otherwise indicated or provided, the provisions of this Act shall, so far as they are applicable, extend with respect to weights, measures, weighing instruments, and measuring instruments used or to be used in or by or in connection 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.) Arrangements may be made and carried into th effect by and between the Minister, representing the th|n 8 W1 State of Queensland, and the Commonwealth of Gommon- Australia, or any Department thereof, for carrying intowea ‘ execution within the State of Queensland all or any of

574 PART I.— P reliminary . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, the provisions of this Act with respect to weights, measures, weighing instruments, and measuring instruments used or to be used in or by or in connection with any Department or Sub-Department of the Government of the Commonwealth of Australia, or any corporation or authority, whether representing the Crown or not, constituted or established under any Act of the Commonwealth. Os( Cupboejmreacmttiootnno­ to th(e4. ) * T W h e i i s gh A ts ct an s d ha M ll e o a p s e u r r a e t s e (N an a d tio h n a a v l e St e a f n fe d c a t rd su s) bj A ec c t t w29eaolfth1) 94N8o. , a1n94d8 sohfatlhl ebCe ormeamdonawnedaltchonasntdruaendy aacmcoernddinmgelyn. t thereof, Meaning of 6. (1.) In this Act, unless the context otherwise terms. indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say Article. “ Article ”—Includes, but without limit to the generality ofthe meaning of that term, liquids, foods, chattels, wares, merchandise, and other goods of any and every description and, where necessary, any article and its package ; Bakehouse. “ Bakehouse ”—Includes bakery and any place where bread is stored prior to delivery ; Certifying “ Certifying certificate ”—Any certificate in the certificate. , form prescribed issued by an inspector in respect of any weight, measure, weighing instrument, or measuring instrument exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, for the purpose of signifying that the weight, - measure, weighing instrument, or measuring instrument has been found upon inspection to be in accordance in every respect with the requirements of this Act; Certifying stamp. “ Certifying stamp ”—Any stamp prescribed for use by an inspector for stamping pursuant to this Act any weight, measure, weighing instrument or measuring instrument, for the purpose of signifying that the weight, measure, weighing instrument or measuring instrument has been found upon inspection to be in accordance in every respect with the requirements of this Act; * No. 29 of 1948 of the Commonwealth.

1951. WEIGHTS AND MEASURES. . WeightsandMeasuresAct . * 575 P art I.— P reliminary . “ Chief Inspector ”—The Chief Inspector of ^6gCt0r Weights and Measures appointed or deemed 1181,60 or' to be appointed under and for the purposes of this Act: The term includes any person who for the time being occupies the office or performs the duties of the Chief Inspector ; “ Coal ”—Includes coal, coke, slack, culm,Coal- charcoal, and cannel of any and every description; “ Contract ”—Includes contract, bargain, sale, Contract, purchase, dealing, and any transaction on which payment in money or kind depends; “ Driver ”—Any person driving or in charge of a Driver, vehicle; “ Inspection ”—Used with reference to any inspection, weights, measures, weighing instruments, or measuring instruments, includes, but without limit to the generality of its meaning, examination, testing, verification, reverification, comparison, adjustment, and stamping under this Act by an inspector or all or any of those things ; “Inspector”—The Chief Inspector, the Deputy inspector. Chief Inspector of Weights and Measures, or any other inspector appointed or deemed to be appointed under and for the purposes of this Act: The term includes any assistant inspector and any person acting in any office as aforesaid; “ Measuring instrument ”—Any instrument, Measuring utensil, machine, or appliance (other thaninstrument- standard measures of extension or capacity) used for the measurement of area, length, capacity, or volume : The term includes any dipstick, flowmeter, self-measuring pump, machine, or appliance whatsoever ; “ Minister ”—The Secretary for Mines andMinister- Immigration or other Minister of the Crown charged for the time being with the administration of this Act; “ Owner ”—Owner, whether joint or several: Owner. The term includes the authorised agent, manager, or superintendent of the owner, and any lessee or hirer or borrower from the owner;

576 P art I.—1 P reliminary . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, Package. Person. “ Package ”—Includes anything in or by which any article is cased, covered, enclosed, contained, wrapped, or packed; “ Person ”—Includes any body corporate ; Place. Prescribed. “ Place ”—Includes any shop, bakehouse, and any house and any other place whatsoever, whether a building or in the open air, whether open or enclosed, and whether a public place or a place of public resort, or not; “ Prescribed ”—Prescribed by this Act; Purchaser. “ Purchaser —Includes a person purchasing as agent for any other person ; Regulations. Sale. Stamp. This Act. Vehicle. Weighing instrument. “ Regulations ”—Regulations continued in force by or made under the authority of this Act; “ Sale ”—Includes barter and also includes deal in, agree to sell, offer or expose for sale, keep or have in possession for sale, send forward or deliver for or on sale, or authorise, direct, cause, permit, suffer or attempt any of such acts or things ; “ Stamp ”—Stamp, impress, engrave, etch, brand, seal, or otherwise mark in such manner as to be, so far as practicable, indelible ; “ This Act ”—This Act and all Proclamations and regulations continued in force or made hereunder; “ Vehicle ”—Any carriage, cart, wagon, truck, motor vehicle, barrow, basket, or any other means (whether of the means before enumerated or not) of carrying anything ; “ Weighing instrument ”—Any weighbridge, scale, balance, spring balance, steelyard, weighing-machine, counting-weighing machine, or other instrument for weighing : The term includes the weights belonging thereto. Trade. (2.) In this Act the following matters are referred to under the term “ trade ” that is to say :— Any and every contract made or entered into in Queensland for any work, article, or other thing which has been or is to be done, sold, delivered, carried, or agreed for by weight, measure, or number, and all taxes, duties, charges, and tolls charged or collected according to weight, measure, or number;

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct . 577 P art I.— P reliminary . And any weight, measure, or weighing instrument, or measuring instrument used in relation to any of those matters shall for the purposes of this Act be deemed to be used for trade. (3.) Derivatives of any term to which a meaning Derivatives, is assigned by this section shall in this Act, unless the context otherwise indicates or requires, have a corresponding meaning. (4.) Any reference in this Act to any other Act^j^®^40 shall be taken to include a reference to any later Act amending or in substitution for that other Act. PART II.— P art II. —U nits —S tandards . stak S abm . 7, Where units of measurement of any physical Common- quantity are prescribed under or pursuant to the * Weights ^j^of and Measures (National Standards) Act 1948 or any other measure- Act of the Commonwealth then for the purposes of this ment' Act those units of measurement shall be deemed to be substituted for any units or standards of weight or, as the case may be, measure of that physical quantity prescribed by this Act for Queensland and the provisions of this Act shall be read with all such adaptations thereof as are necessary for that purpose. Imperial System. 8. (1.) Except as otherwise provided by this Act—Adoption of (i.) The imperial standard pound and the imperial standards of standard yard respectively described in the nd tImperial WeightsandMeasuresAct, 1878 shall be the source from which all weights and measures for Queensland shall be derived ; (ii.) The several weights and measures derived from the imperial standard pound and the imperial standard yard respectively and prescribed by this Act shall be the only weights or, as the case may be, measures to be used in Queensland. (2.) For Queensland the imperial standard yard and the imperial standard pound shall be represented by one or more standard weights or measures respectively. * No. 29 of 1948 of the Commonwealth. f 41 and 42 V. c. 49.

578 P U A i H m lI » I — .— S tandakds . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, derivecTfrom (1*) Fourteen standard pounds shall be a stone ; stoodard111 two. such stones shall be a quarter; four such quarters pound. shall be a hundredweight; and twenty such hundred­ weights shall, except in the case of bran, pollard, wheatmeal, stockmeal, and flour, be a ton. Two thousand standard pounds shall be one ton of standard weight for bran, pollard, wheatmeal, stockmeal, and flour. One hundred standard pounds shall be a cental. One-sixteenth part of the standard pound shall be an ounce and one-sixteenth part of such ounce shall be a dram. One seven thousandth part of the standard pound shall be a grain. Twenty-four such grains shall be a pennyweight and twenty such pennyweights shall be an ounce troy. Twenty such grains shall be a scruple; three such scruples shall be a drachm; and eight such drachms shall be an ounce apothecaries. Bushel of standard weight for certain articles. (2.) The bushel of standard weight for the undermentioned produce shall respectively consist of the number of pounds standard avoirdupois weight following, that is to say :— Wheat, rye, beans, peas, cow peas, and grain sorghum Maize .. .. .. Barley .. .. .. Oats ... .. .. Bran and pollard .. Sixty pounds Fifty-six pounds Fifty pounds Forty pounds Twenty pounds. Measures of (3.) One third part of the standard yard shall be length. a f00t and the twelfth part of such foot shall be an inch. Five such yards and one half yard shall be a rod, pole, or perch; four such rods, poles, or perches shall be a chain ; ten such chains shall be a furlong ; and eight such furlongs shall be a mile. One hundredth part of such chain shall be a link. Rood and acre' (4.) The rood of land shall contain one thousand two hundred and ten square yards according to the standard yard, and the acre of land shall contain four thousand eight hundred and forty such square yards, being one hundred and sixty square rods, poles, or perches.

—^ 1951. • WEIGHTS AND MEASUBES. ; : WeightsandMeasuresAct. ; 579 1 P ast II.— sta SS abds . r (5.) One hundred and forty-four cubic inches of timber shall be a superficial foot. (6.) The unit or standard measure of capacity for Measures °f Queensland shall, except as otherwise expressly provided capaci y­ in this Act, be the gallon containing ten standard pounds of distilled water weighed in air against brass weights, with the water and the air at the temperature of sixty- two degrees of Fahrenheit’s thermometer, and with the barometer at thirty inches of mercury at the same temperature. One fourth part of such gallon shall be a quart; one half of such quart shall be a pint; and one quarter of such pint shall be a gill. Two such gallons shall be a peck and four such pecks shall be a bushel. One twentieth part of such pint shall be a fluid ounce; one eighth part of such fluid ounce shall be a fluid drachm ; and one sixtieth part of such fluid drachm shall be a minim. Metric System. 10. The Governor in Council may by regulations Table of from time to time prescribe a table setting forth the ^uYvaients. equivalent of weights and measures of the imperial system in terms of those of the metric system and such table may be lawfully used for computing and expressing, in weights and measures of the imperial system, weights and measures of the metric system. Standards. 11. (1.) The several weights and measures deposited, standard as at the passing of this Act, in the Treasury at Brisbane, measures.nd a list of which is set out in the Schedule to tikis Act, schedule, and such other weights and measures of the stanjdard of the United Kingdom of Great Britain and Northern 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, or any of them, shall, subject to this Act, be standard weights and measures for Queensland for the purposes of this Act. The deposit of such other weights and measures and a list thereof shall be notified in the Gazette.

580 PAM II.— U nits — S tandards . WEIGHTS AND MEASUBES. Weights and Measures Act. 15 G eo . VI. No. 35, New denomina­ tions of standards. (2.) The Governor in Council may from time to time cause to be provided and deposited in the Treasury such new denominations of standards of weights and measures as may appear to him to be required in addition to or in substitution for those hereinbefore in subsection one of this section mentioned. The deposit of such new denominations of standards and a list thereof, when notified in the Gazette shall, subject to this Act, be standard weights and measures for Queensland for the purposes of this Act. Astbanodliatirodn. of in th( 3e.) G T a h z e ett G e odveecrnlaorre inthCatounanciyl mstaaynbdyardProwcleaigmhattioonr measure for Queensland shall cease to be a standard weight or measure, and may in like manner revoke or alter any such Proclamation. Custody of standards, &c. (4.) (a) The standards of weight and measure for Queensland deposited in the Treasury shall be there safely kept and those standards, and all balances, apparatus, books, documents, and things used in connection therewith or relating thereto, shall for the purposes of this Act be deemed to be in the custody of the Chief Inspector. (6) Subject to this Act, the Minister may, if and as often as he thinks advisable, cause all or any of the standards of weight and measure for Queensland deposited in the Treasury to be reverified by means of, by reference to, by comparison with, or by derivation from the imperial standards of weight and measure. Depart­ mental standards. 12 . ( 1 .) All copies of standard weights and measures which at the commencement of this Act are legally in use by inspectors for the purposes of the Acts repealed by this Act and all copies of the standards for Queensland which after the commencement of this Act are supplied under this Act for use by inspectors for the purposes of this Act shall be called “ departmental standards”. (2.) All departmental standards (unless the Chief Inspector orders them or any of them to be called in) shall be safely and securely kept by the inspectors using them or, where departmental standards are supplied under this Act, to whom they are supplied, and shall be used by inspectors under and for the purposes of this Act.

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 581 PAH* Umasr-f S tandards . (3.) Whenever it becomes necessary so to do, the Minister shall cause copies of the standard weights and measures for 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 for the time being, together with “ S.W.”, that is, Standard Weight, or “ S.M.”, that is, Standard Measure, as the case may be, and any other markings that may be prescribed. Such copies, after having been so stamped, shall be supplied by the Chief Inspector to such inspectors as require them. (4.) Departmental standards shall be reverified and adjusted or renewed when and as often as necessary. 13. Where under or pursuant to the * Weights Common- and Measures (National Standards) Act 1948 or any ^^,-<18 of other Act of the Commonwealth (hereinafter referred to measure- as the Commonwealth Act) there is a Commonwealthment' standard of measurement by which measurements may be made in terms of the Commonwealth legal units of measurement of any physical quantity then the Minister may cause to be provided and— (i.) Deposited in the Treasury one or more weights or, as the case may be, measures which shall, subject to and in accordance with the Commonwealth Act, be verified and reverified by means of, by reference to, by comparison with or by derivation from the Commonwealth standard of measurement and the weights or measures so deposited shall, when proclaimed in the Gazette, be standard weights, or as the case may be, measures for Queensland for the purposes of this Act, anything to the contrary in this Act notwithstanding ; and | (ii.) Supplied to such inspectors as require them, stamped copies of the standard weights or measures, so deposited in the Treasury, which shall, subject to and in accordance with the Commonwealth Act, be verified and * No. 29 of 1948 of the Commonwealth.

582 P U a N r I t T I S I — .— - S tandards . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, Replacing standards, &c., lost, destroyed, &c. __ reverified by means of, by reference to, by * comparison with or by derivation from that standard so deposited, and those copies shall be safely and securely kept by those inspectors, and shall be used and known as departmental standards for the purposes of this Act. 14. If any standard weight or measure or departmental standard is lost, destroyed, defaced, or injured, another weight or measure or departmental standard, as the case requires, shall be provided by the Minister of the same standard in the place of the one so lost, destroyed, defaced, or injured, and the same shall be deemed to be a standard weight or standard measure or departmental standard, as the case may be, for the purposes of this Act. tration ' Officers. Districts. III. P art —A dministration , 15. (1.) The Governor in Council may from time to time appoint under and for the purposes of this Act a Chief Inspector of Weights and Measures, a Deputy ChiefInspector of Weights and Measures, and such other inspectors (including assistant inspectors) and other officers as he deems necessary for the effectual execution of this Act. . The Chief Inspector, the Deputy Chief Inspector, and all other inspectors and other officers shall be appointed and hold their respective offices under this Act and subject to, and in accordance with * “ The Public Service Acts, 1922 to 1950.” (2.) The Governor in Council may from time to time by notification published in the Gazette — (i.) Constitute parts of Queensland as districts for the purposes of this Act; (ii.) Abolish, subdivide, or alter the boundaries of any district, or amalgamate any such districts or parts of such districts ; (iii.) If considered desirable, assign a name to any such district and vary any such name; (iv.) Assign to any inspector or inspectors any district or districts or a part of any district or districts; * 13 G. 5 No. 31 and amending Acts.

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct . m P art III.— ADitdtts- TRATiGN. (v.) Direct that any inspector to whom any district or districts or a part of any district or districts is or are assigned shall only exercise and discharge his powers and duties under this Act in that district or districts or, as the case may be, part; (vi.) Cancel or vary any assignment referred to in paragraph (iv.) or direction referred to in paragraph (v.) aforesaid, and may include in any such notification all or any of such things. Any district or districts assigned to any inspector at the commencement of this Act shall, subject to this Act, continue, without a further assignment, to be assigned to that inspector and shall be deemed to be constituted under and for the purposes of this Act. Unless the Governor in Council has otherwise directed by a notification published in the Gazette , any inspector may exercise and discharge his powers and duties under this Act in any part of the State notwithstanding that any district or districts or a part of any district or districts may have been assigned to him. Any and every provision of this subsection shall be read so as not to limit the powers and authorities of the Chief Inspector. " (3.) Every inspector and other officer shall perform the duties imposed upon him by this Act under the 1181)60 r' general supervision and direction of the Chief Inspector. The Chief Inspector may from time to time make or cause to be made such inquiries and investigations as he thinks necessary for the effectual execution of this Act by him and his officers. (4.) The Deputy Chief Inspector of Weights and Deputy Measures shall, subject to this Act, exercise all such Sector, functions and discharge all such duties as the Chief Inspector directs or requires. In the event of and during the absence from duty for any reason whatsoever of the Chief Inspector, or in the event of a vacancy occurring in the office of Chief Inspector and until a new Chief Inspector is appointed, the Deputy Chief Inspector without further appointment shall act as Chief Inspector and while he

534 P A Aj n B* tn H m I. - — TRATION. WEIGHT^ AND' MEASIJB&S. Weights and Measures Act. 15 G eo . VI. No. 35, so acts shall have and may exercise all of the powers, functions, and authorities, and shall perform all of the duties of the Chief Inspector and shall for the purposes of this Act be deemed in all respects to be the Chief Inspector. The fact that the Deputy Chief Inspector has exercised any power, function, or authority, or has performed any duty of the Chief Inspector shall, until the contrary is proved, be sufficient evidence of such absence of the Chief Inspector or vacancy in the office of Chief Inspector. Certificates of appoint­ (5.) Every inspector shall be furnished with a ment. certificate of appointment signed by either the Minister or the Chief Inspector and upon entering any place shall, if required, produce such certificate to the occupier of the place. Default of inspector, &c. (6.) Any inspector who stamps any weight, measure, weighing instrument, or measuring instrument in contravention of any provision of this Act, or who is guilty of any breach of duty imposed upon him by this Act, or otherwise misconducts himself in the execution of his office, shall be guilty of an offence against this Act. Equipment 16. The Chief Inspector shall provide and supply appliances, to each inspector in addition to the necessary departmental standards all other necessary equipment and appliances for carrying this Act into effect, including , weighing instruments and measuring instruments for use by inspectors in carrying out their functions and duties Under this Act, and stamps for stamping weights, measures, weighing instruments, and measuring instruments for the purposes of this Act, and shall from time to time issue to each inspector such instructions (not inconsistent with this Act) as he thinks fit. All equipment and appliances, including weighing instruments, measuring instruments, and stamps for stamping weights, measures, weighing instruments, and measuring instruments, in use by inspectors prior to the passing of this Act under and for the purposes of the Acts repealed by this Act, shall continue to be used by such inspectors subject to and for the purposes of this Act. All equipment and appliances mentioned in this section are hereinafter in this Act referred to as departmental equipment.

WEIGHTS ANH MEASURES. ; 1951., - ;-------------—— --------- —~ 1 1 WeightsandMeasuresAct. 585 PAMfin'.—' Inspection, stamping, and use of weights, measures, weighing instruments, and measuring instruments. 17. (1.) Every weight, measure, weighing instrument, and measuring instrument used or for use &c., to be for trade shall, and if prescribed as so prescribed, be produced to an inspector for inspection— ‘ (i.) In the case of any weight, measure, weighing instrument, or measuring instrument used for trade, at least once in every twelve months; or (ii.) In the case of any weight, measure, weighing instrument, or measuring instrument for use for trade, before use : Provided that-the Governor in Council may by the regulations— W[ (а) Exempt, subject to such conditions as inay be prescribed, wholly or in part from the operation of this subsection specified classes of weights, measures, weighing instruments, and measuring instruments or Of any of them; and (б) Extend the period referred to in subparagraph (i.) of this subsection with respect to any specified parts of this State : Provided further that an inspector may require to be produced for his inspection and, either upon or without such request, inspect any such weight, measure, weighing instrument, or measuring instrument when and so often as in his opinion it is necessary so to do. (2.) (a) Every inspection, as required by subsection Periodical one of this section, of any weight, measure, weighinginspectlon' instrument, or measuring instrument shall include a comparison with the departmental standards and the inspector shall when making the inspection— (i.) Obliterate any and every existing certifying stamp upon the weight, measure, weighing instrument, or, as the case may be, measuring instrument; and (ii.) If the weight, measure, weighing instrument, or, as the case may be, measuring instrument is found to correspond with the departmental standards and to be in accordance in every other respect with the requirements of this

586 A dwhw - TEATtON. WEIGHTS AND MEASUBES. Weights and Measures Act. 15 G eo . VI. No. 35, Act, stamp with a certifying stamp the , weight, measure, weighing instrument, or measuring instrument unless it is exempted by the regulations from being so stamped ; i or (iii.) If the weight, measure, weighing instrument, or, as the case may be, measuring instrument is found to be not in accordance in every respect with the requirements of this Act, refrain from stamping or restamping with any certifying stamp the weight, measure, weighing instrument, or measuring instrument and reject the same and where practicable stamp it with a rejection stamp. (6) Where any weight, measure, weighing instrument, or measuring instrument which is exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, is found upon inspection to be in accordance in every respect with the requirements of this Act, then the inspector shall issue in respect thereof a certifying certificate in the form prescribed for the purpose of signifying that finding. (c) Every weight, measure, weighing instrument, or measuring instrument stamped under this Act by an inspector shall be stamped in such a manner as best to prevent fraud. Using wrigtoaor measures, *°\ (3.) Every person who uses or has in his possession f°r trade any weight, measure, weighing instrument, or measuring instrument not inspected as required by subsection one of this section, and (i.) Where that weight, measure, weighing instrument, or measuring instrument is not exempted by the regulations from being so stamped, not stamped by an inspector with a certifying stamp ; or (ii.) Where that weight, measure, weighing instrument, or measuring instrument is exempted by the regulations from being stamped with a certifying stamp by reason • of the impracticability of stamping the same, in respect of which no certifying certificate has been issued by an inspector, shall be guilty of an offence against this Act.

1951.: ; WEIGHTS1 AND MEASURES; WeightsandMeasuresAct. 587 PA*TrIII.r- ADjnwie- TBATIQN. If at any time any weight* measure, weighing instrument, or measuring instrument to which subsection one of this section applies and which is not exempted fry the regulations from being so stamped is found to have been last stamped with a certifying stamp longer than twelve months immediately prior to that time, or if that period has been extended in pursuance Of subparagraph ( b) of the first proviso to subsection one of this section with respect to that weight, measure, weighing instrument, or measuring instrument, longer than that extended period immediately prior to that time, such weight, measure, weighing instrument, or measuring instrument shall for the purposes of this Act, without prejudice to any other means of that proof, be deemed to be not inspected and stamped as required by this subsection. . ’- ;> ....... : ^ < .... (4.) Any weight, measure, weighing instrument, or stamped measuring instrument which is inspected and stamped^have ’ with a certifying stamp, or inspected and in respect of currency which a certifying certificate is issued under and as Q^^nd. required by this section shall, subject to this Act, be considered to be a legal weight, measure, weighing instrument, or measuring instrument, as the case may be, throughout Queensland unless found to be false or unjust. 18. (1.) For the purposes of any inspection of any when weighing instrument or measuring instrument, the owner bTmadefor thereof shall, at the request of an inspector, provide at facilitating the place of the inspection— inspection. (i.) In the case of a weighing instrument— (a) Weights, duly inspected and stamped with a certifying stamp under and as required by this Act, of not less than one quarter of the capacity of that 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 inspection ; (ii.) In the case of a measuring instrument, such labour as the inspector considers necessary for the proper conduct of such inspection.

5$8 WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, inspector (2.) In any case where an inspector is of opinion we^htef&c.,that it is necessary or expedient so to do, he may order t*be ’ 'the owner of, or any person who has in his possession, delivered any weights, measures, weighing instruments, or inspection, measuring instruments used or for use for trade to forward or deliver them, or any of them, to or at any place named by the inspector within or at a time specified, for the purpose of inspection. Any person so ordered shall comply with such order. The expense of forwarding or delivering and the return of the weights, measures, weighing instruments, or measuring instruments in question shall be borne by the person so ordered. saving. (3.) Nothing in this section contained shall affect the duty under this Act of having every weight, measure, weighing instrument, and measuring instrument used or in possession for trade periodically inspected by an inspector. Fees. 19. The fees which shall be payable in respect of any inspection or service under this Act in connection with any weights, measures, weighing instruments, or measuring instruments shall be such as shall from time to time be prescribed by regulations in that behalf: Provided that a person who has paid the fees prescribed in respect of an inspection of any weight, measure, weighing instrument, or measuring instrument shall not be Sable to pay any further fees in respect of any second or subsequent inspection, within twelve months of that inspection in respect ofwhich the fees were paid, of that weight, measure, Weighing instrument, or measuring instrument, except in the case of any inspection upon the mending or repairing or adjustment thereof or any inspection in which any necessary adjustment is made thereto or where an inspection is requested, when, in any such case the prescribed fees shall be paid. Contents of weights and measures to be stamped on them. 20. Except as by this Act 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 ;

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 589 P abt III.— ADJOHIS- TRATION. (ii.) Every measure of capacity shall have its capacity stamped on the outside thereof in legible figures and letters. Any weight or measure to which this section applies not in conformity with this section shall not be stamped with a certifying stamp under this Act. 21. No weight made of lead or pewter, or of any Weights mixture thereof, or of china or earthenware, shall be^^*f stamped with a certifying stamp under this Act. substances A person shall not use or have m possession for stamped, trade any weight specified in this section: Provided that nothing in this section contained shall prevent the insertion of a plug of lead or pewter into any weight for the purpose of adjusting it, if a certifying stamp is affixed thereon by an inspector. 22. (1.) A person shall not use to make balance any Special weighing instrument used for trade, any thing which isl^to810"8 not ordinarily part of that weighing instrument. Tndghing (2.) No weighing instrument or measuring instrument measuring with removable parts, the removal of which wouldmstrumentB' affect the accuracy of the instrument, shall be stamped with a certifying stamp under this Act unless the parts are such that the instrument cannot be used without them. Powers and obstruction of inspectors. eithe2r 3in. Athney dianystpimecetoorr mataynigahtt—all reasonable times iPnoswpeecrtsoorsf. (i.) Inspect all weights, measures, weighing instruments, and measuring instruments of any and every kind used or for use for trade and for that purpose enter any place where he has reasonable cause to believe there is any such weight, measure, weigliing instrument, or measuring instrument and therein or thereon search for and inspect all such weights, measures, weighing instruments, and measuring instruments; (ii.) Search for and inspect any weights, measures, weighing instruments, and measuring instruments of any and every kind used or for use for trade in or upon or in connection with any vehicle, or in the possession of any person having a pack, basket, or other

590 P art III.— ADMINIS­ TRATION. WEIGHTS AND MEASURES. , Weights and Measures Act. 15 G eo . YI. No, 35, receptacle containing articles for sale, and for any of these purposes stop any vehicle or person; (iii.) Search for and examine any article for sale and, for that purpose enter any place where he has reasonable cause to believe there is , any article for sale, and, in the presence of the person in charge, if any, of the article, select and weigh or measure or cause to be weighed or measured any article for safe, whether that article is in a package or not, and where any such article is packed, if necessary for this purpose break open that package ; (iv.) Without prejudice to the provisions of subparagraph (iii.) of this section, 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 such article; and (v.) Request any person to produce all ^eights, measures, weighing instruments, and measuring instruments used or in his possession for trade for inspection. If any person in whose presence any article referred to in subparagraph (iii.) of this section may be selected and weighed or measured, when requested by the inspector to be present at that selection and weighing or measuring refuses or fails to be present then, notwithstanding the provisions of that subparagraph, the inspector may select and weigh or measure, as the case requires, the article in the absence of the person in that subparagraph specified. An inspector may seize any articles in respect of which a contravention of this Act appears to him to have been committed. Matters 24-. Notwithstanding anything to the contrary mcoamypbleeted in this Act, if an inspector has issued any order or given by different any direction or notice or made any request under this inspectors. Act, he or any other inspector who is empowered by this Act to issue, give, or make a like order, direction, notice, or as the case may be, request, may at any time by direction of the Chief Inspector withdraw or revoke or from time to time vary the order, direction, notice, or request, or take further steps thereon.

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 591 P art III.— ADMINIS­ TRATION'. 25. (1.) If upon inspection at any time of any Powers of weight, measure, weighing instrument, or measuring ^frespect instrument, it appears to the inspector that the weight, <*> unjust measure, weighing instrument, or measuring instrument 2™,ad is not stamped with a certifying stamp as required by &c. this Act, or where the weight, measure, weighing instrument, or measuring instrument is exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, that a certifying certificate has not been issued in respect thereof, or that the weight is light or otherwise unjust, or that the measure is incorrect or otherwise unjust, or that the weighing instrument or measuring instrument is unjust, the inspector may— (i.) Seize the same or any part thereof; or (ii.) Where the weight, measure, weighing instrument, or measuring instrument, is found to be fight, incorrect, or otherwise unjust, if he deems it proper so to do, in lieu of immediately seizing the weight, measure, weighing instrument, or measuring instrument— (a) Give to the owner of or 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 of the date of the giving of such notice or within such shorter period as the inspector deems fit and in the meantime to cease to use the same; or ( b) Adjust the same. (2.) Where any notice given under subparagraph (ii.) of subsection one of this section is complied with to the satisfaction of the inspector, he shall not fyke any further action under this section, but, if such notice is not so complied with, the inspector may, at the expiration of the time specified in the said notice, seize the weight, measure, weighing instrument, or measuring instrument in question or any part thereof. (3.) The Chief Inspector may at any time, whether or not a prosecution for an offence against this Act is instituted in respect thereof, direct that any Weights, measures, weighing instruments, or measuring instruments, or any parts thereof, seized under this

592 PART m;— ADMINI8- ORATION. WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo , VI. No. 85, section be forfeited to His Majesty and thereupon the weights, measures, weighing instruments, measuring instruments, or parts, the subject of that direction shall be forfeited accordingly: Provided that nothing in this subsection shall prejudice or affect the power of forfeiture conferred upon a court by this Act. ICPnohswipeeefrctoofr any w26ei.gh( 1t,.) mIefasthuree, Cwheieigf hIinnsgpiencsttorrumisenotf, oopr imnieoansutrhinagt to prohibit instrument used or for use for any purpose is not suitable . iunssetroufments, to be used or for use for that purpose, or that its use for &c., for that purpose facilitates or will facilitate fraud, he may, pceurrtpaoinses. by order in writing given to the person using or in possession of that weight, measure, weighing instrument, or measuring instrument, prohibit the use or, as the case requires, further use of the weighing instrument or measuring instrument for the purpose specified in the order. A person to whom such order has been given shall comply therewith. Power of inspector to order cause of (2.) Where any weight, measure, weighing instrument, or measuring instrument, or any article, package, or label does not comply in every respect with vcoennttrioan­ to the provisions of this Act, or where any provision of be remedied. this Act has not been complied with in relation to any weight, measure, weighing instrument, measuring instrument, article, package, or label, an inspector may order in writing any person who has offended against this Act by such non-compliance, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the non-compliance has occurred. The giving of such an order shall not affect any proceeding or any action authorised by this Act which has been or may be taken for the non-compliance which resulted in the order but, subject to the provision hereinafter in this subsection contained, the person to whom the order is given shall not be liable under this Act in respect of any continuation of that non-compliance during the time allowed by the order. A person to whom such an order is given shall comply in every respect with the order.

1951. . WEIGHTS AND MEASURES. WeightsandMeasuresAct. 593 PAM III.— admihk - S1ATI0N. 27. Any person who— Obstruction (i.) Assaults, resists, or obstructs any inspector°fin8peotora* or other officer in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do ; or (ii.) Fails, when requested by an inspector, to produce all weights, measures, weighing instruments, and measuring instruments used or in his possession for trade for inspection; or (iii.) Refuses to permit any inspector to inspect any weights, measures, weighing instruments, or measuring instruments or to examine, select, weigh, or measure any article ; or (iv.) Fails to comply with the lawful order, direction, notice, demand, or requisition or any part of the lawful order, direction, notice, demand, or requisition of any inspector; or (v.) Refuses to sell or to allow to be taken any article demanded pursuant to this Act; or (vi.) Retakes or attempts to retake any weight, measure, weighing instrument, measuring instrument, or article seized, taken, or obtained under this Act by an inspector, or resists or attempts to prevent such seizure,; taking, or obtaining; or (vii.) Uses any threat or any abusive or insulting language to any inspector or other officer; or (viii.) Impersonates an inspector, shall be guilty of an offence against this Act. P art IV.— B read -W eights . P art IV.— B read - W eights . 28. (1.) This section does not apply to or with respect to bread made into rolls or into other j articles SiakT1 other than loaves weighing (according to the standard loaves of weight by law established) not more than eight ounces, lights. (2.) All bread made for. sale shall be made into loaves weighing (according to the standard weight by law established) approximately but not less than one pound, two pounds or four pounds and denominated the one pound loaf, two pound loaf and four pound loaf respectively.

594 P akt iy.- B re A d - W eights . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. N o . 35, (3.) Any person who makes for sale or sells any loaf of bread— (i.) Which is not of a denomination hereinbefore specified in this section ; or (ii.) Which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, shall be guilty of an offence against this Act. A person guilty of the offence of making for sale any loaf of bread in contravention of this subsection shall be liable to a penalty not exceeding— (а) For the first such offence, one hundred pounds; (б) For the second or any subsequent such offence, two hundred pounds. (4.) Where, upon the hearing of a complaint for an offence against subsection three of this section of making for sale or selling, as the case may be, any loaf of bread which is not of a denomination hereinbefore specified in this section, the court is satisfied upon the whole of the evidence led and admitted at the hearing (including the evidence, if any, for the defence) that the defendant made for sale, or, as the case may be, sold the loaf of bread in question but that that loaf— * (i.) Purported to be of a denomination hereinbefore specified in this section ; and (ii.) Was deficient of the weight prescribed for a loaf of bread of that denomination, then with respect to that loaf of bread the court may without complaint being made in that behalf, convict and punish the defendant for the offence that he made for sale or, as the case may be, sold a loaf of bread which, purporting to be of a denomination hereinbefore specified in this section, was deficient of the weight prescribed therefor. (5.) 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 average weight per loaf of a reasonable

' 1951. wmmm jm> MMsum&w r"~r“ “ “ : ■ 1~ ; ' WeightsandMeasuresAct. : ” P ah * IV. v ^ wimm ®. number of the loaves, purporting to be of the same denomination and description, of that bread found at any one and the same time is less than the weight prescribed for loaves of such denomination. For the purposes of this subsection not less than twenty loaves purporting to be of the same denomination and description so found shall be deemed to be a reasonable number, or if twenty loaves or more purporting to be of the same denomination and description are not found, then the reasonable number shall be all the loaves purporting to be of the same denomination and description so found. (6.) For the purposes of this section any loaf of bread which exceeds the weight of one pound four ounces shall be deemed to be not a one pound loaf. ; 29. (1.) All bread for sale as sliced bread shall s^ed be packed in packages containing a quantity of bread ™ ' weighing (according to the standard weight by law established) approximately but not less than one pound, two pounds or four pounds and denominated the one pound package, two pound package, and four pound package, respectively. Any person shall not sell any sliced bread which is not packed in a package. (2.) Any person who packs for sale, or who sells, any package of sliced bread— (i.) Which is not of a denomination hereinbefore specified in this section; or (ii.) Which, purporting to be of a denomination hereinbefore specified in this section, contains a quantity of bread deficient of the weight prescribed therefor; or (iii.) Upon the outside of which package, or upon a label securely attached thereto, is not written or printed so as to be clearly legible a statement specifying that the package contains sliced bread and specifying the net avoirdupois weight of bread therein, shall be guilty of an offence against this Act.

996 P a JM IV- B ebad * W eights . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, (3.) Where, upon the hearing of a complaint for an offence against subsection two of this section of packing for sale or selling, as the case may be, any package of sliced bread which is not of a denomination hereinbefore specified in this section, the court is satisfied upon the whole of the evidence led and admitted at the hearing (including the evidence, if any, fori the defence) that the defendent packed for sale or, as the case may be, sold the package of sliced bread in question but that that package— (i.) Purported to be of a denomination hereinbefore specified in this section ; and (ii.) Contained therein a quantity of bread deficient of the weight prescribed for a package of that denomination, then, with respect to that package, the court may without complaint being made in that behalf, convict and punish the defendant for the offence that he did pack for sale or, as the case may be, sold a package of sliced bread which, purporting to be of a denomination hereinbefore specified in this section, contained a quantity of bread deficient of the weight prescribed therefor. (4.) For the purposes of this section any package of sliced bread which contains a quantity of bread exceeding the weight of one pound four ounces shall be deemed to be not a one pound package. (5.) Nothing in this section— (i.) Shall apply to or with respect to the sale of any sandwiches or other article made partly of sliced bread, or any sliced bread sold and consumed on the premises of the seller, or the sale of any sliced bread when sold in a ' quantity of not more than eight ounces ; (ii.) Shall authorise or be deemed to authorise any bread to be made into a loaf which is not of a denomination specified in section twenty-eight of this Act. Powers of 30.(1.) Any inspector may at any time by day or winistphecrteosrpsect night— to weighing bread. (i.) Enter any place in which bread is sold or any bakehouse and therein search for and examine, and in the case of a bakehouse, in the presence of the person, or if more than one, any of the persons, carrying on the business

1951. WEIGHTS AND MEASURES. Weights and Measures Act 597 P abt IV.— B bbaik W eights . thereat, or of any servant or agent of such person or persons, or in any case, in the presence of any person apparently then in charge of that place, select and weigh any bread therein; (ii.) Stop any person or vehicle engaged in the distribution or delivery of bread and search for, examine, select, and weigh any bread in or on any vehicle or other thing used in connection with such distribution or delivery ; and (iii.) Interrogate any person to ascertain whether this Act has been or is being complied with. If any person in whose presence any bread referred to in subparagraph (i.) of this subsection may be selected and weighed, when requested by the inspector to be present at that selection and weighing, refuses or fails to be present then, notwithstanding the provisions of that subparagraph, the inspector may select and weigh the bread in the absence of any person in that subparagraph specified. (2.) Notwithstanding anything in this Part of this Act contained an inspector shall not be required to include in any weighing any loaf which is drawn from an oven after his entry into any place. (3.) If on weighing any loaves of bread any deficiency is found in the weight prescribed therefor the inspector shall give to the person who pursuant to this Act is present at the weighing a copy of a certificate in writing and signed by him showing the correct particulars of such weighing or, where the bread is weighed under the authority of this Act in the absence of any such person, the inspector shall give such copy to some person employed or apparently employed at the place where such bread was made or solid or in connection with the business carried on thereat or if some such person cannot be found, the inspector shall forward such copy by prepaid registered letter addressed to the person or persons, at that place, who made or sold that bread. (4.) Every person carrying on the business of making or selling bread and their agents and servants shall furnish the means required by any inspector for an entry, inspection, or inquiry, or the exercise of his powers under this Act.

598 P art IV.- B rbad - W rights . WEIGHTS AND MEASURES-A Weights and Measures Act. 15 G eo . VI. N q .05, If upon an inspector demanding entry into any place for the purpose of exercising his powers under this Act, that demand is not answered forthwith or the person answering that demand does not admit the inspector to that place forthwith, then that inspector having the prior approval of the Minister or the Chief Inspector may enter that place with such assistance as may be deemed requisite and may use such force as is necessary for effecting that entry. (5.) The provisions of this section shall be in addition to and not in diminution of any other powers of an inspector under this Act and such other powers shall be had and may be exercised by any inspector for the purposes of this Part of this Act. Saving. 31. Save as herein expressly provided, the provisions of this Part of this Act are in addition to and not in derogation of any other provisions of this Act relating — past v sa^e articles. S ale of • A rticles and U se of W eights and PART V.----SALE OF ARTICLES AND USE OF WEIGHTS AND M easures *» *■ m for T rade . MEASURES FOR TRADE. , Contracts to DO iti tftrmfl 32. ( ' 1.) / Ever v y contract made or entered into ^ in of standard Queensland for any work, article, or other thing which mweeiagshutrsesa. nd has been or is to be done, sold, delivered, carried, or agreed for by weight or measure shall be made or entered into in terms of the corresponding standard weight or measure prescribed by this Act, or of some multiple or part thereof, and if not so made or entered into shall be void. All taxes, duties, charges, and tolls charged or collected according to weight or measure shall be charged or collected in terms of the corresponding standard weight or measure prescribed by this Act or of some multiple or part thereof. Sales to be (2.) Subject to this Act any person shall not sell or standards, buy by any denomination of weight or measure other than one of the standard weights or measures prescribed by this Act or some multiple or part thereof. Foreign (3.) This section does not apply to a contract made contracts. or entered into in connection with the exportation from, or the importation into, Queensland of articles to or, as the case may be, from a country outside of Australia where other than the standard weights or measures ascertained in accordance with this Act are used.

WEIGHTS AND MEASURES. 599 P art V. t - 1951. WeightsandMeasuresAct . SALBOF : A rticles aed U se of W eights Airt) M easures 33. (1.) All articles sold by weight shall be sold pobuadb . by avoirdupois weight, except that— Sale by (i.) Gold, silver, platinum, and other precious weight?1*018 metals and any articles made in whole or in part thereof may be sold by troy weight; (ii.) Diamonds and other precious stones shall be sold by the metric carat or by any decimal part of such carat; and (iii.) Drugs may be sold by apothecaries weight or metric weight. All contracts in relation thereto shall be deemed to be made by such weights, and where so made shall be valid. (2.) All articles sold by measure shall be sold by standard measure except that drugs may be sold by measure, metric measure. All contracts in relation thereto shall be deemed to be made by such measures, and where so made shall be valid. (3.) All grain, agricultural and vegetable seeds, mill by-products of grain, hay, straw, chaff, and by weight concentrated or prepared stock foods shall be sold by ““dnot br. standard weight and not by measure. measure. Any person who sells any of them by measure and not by weight shall be guilty of an offence against this Act. Any contract with respect to any such produce by measure and not by weight shall be wholly void. ; Nothing in this subsection contained shall be construed to apply to any sale of or lien over growing crops or loads of unthreshed grain. 34-. (1.) A person shall not sell any article by weight or measure unless by net weight or measure. measure. (2.) Any and every seller shall, upon the delivery Delivery of on sale of any article sold by weight, measure, or number, deUvery°r forthwith deliver or send to the purchaser an invoice or non­ delivery note showing the net weight, measure or number, as the case requires, of that article: Provided that this subsection shall not apply to— (i.) Bread ;

.600 P art V.— S albof A rticles and U se of WEIGHT8 AND M easures ' for T rade , WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No.,35, (ii.) Any article weighed, measured, or counted, as the case requires, in the sight and presence of the purchaser and delivered to him immediately thereafter; or (iii.) Any article sold in a package on the outside of which, or on a label securely attached to which, is legibly written or printed (and, if prescribed, as prescribed) the net weight, measure, or number, as the case requires, of that article. Printing of (3.) A person shall not sell any article in a package nnuetmwbeeirgohrt unless the net weight, measure, or number, as the case or measure requires, of the article is legibly written or printed (and, on packages. if prescribed, as so prescribed) upon the outside of the package, or upon a label securely attached thereto : Provided that this subsection shall not apply to any such article of which delivery is made immediately after the article has been weighed, measured, or counted, as the case requires, in the sight and presence of the purchaser. Approximate (4.) Weights and measures closely approximating wmeeiagshutrsesa.nd those indicated on the invoice or delivery note or package or label will be allowed when and as prescribed by the regulations, whether generally or with respect to particular classes of articles. Exemptions. (5.) The regulations may prescribe classes of articles which shall be exempted from all or any of the requirements of this section. Where 35. (1.) Subject to subsection four of section nnuetmwbeeirghort or thirty-four of this Act and to this section any person measure is who— incorrectly- stated. (i.) Sells any article in a package on which or on a label attached to which the net weight, measure, or number, of the article in the package is incorrectly stated ; or (ii.) Delivers or sends to any purchaser any invoice or delivery note relating to any article sold on which the net weight, measure, or number, of the article is incorrectly stated, shall be guilty of an offence against this Act.

WEIGHTS AND MEASURES. m ............... P ies V.— 1951. WeightsandMeasuresAct. abkk U k s b e s o a f bb (2.) In any prosecution for a contravention of W f M B o W e u a H te S a 6 m A3 s S . D subsection one of this section it shall be sufficient defence if, where the offence relates to the sale of an article in a package, the defendant— (i.) Produces from the person from whom he purchased such article or who packed that article a written guarantee, and if prescribed in the form prescribed or a form to the like effect, that the weight, measure, or number, written or printed upon the outside of the package or upon the label attached thereto is correct; and (ii.) Proves that he sold such article in the same state as when purchased by him: Provided that— (a) The person giving the guarantee is resident in Queensland, or, if a company, has a registered office in Queensland ; and (b) The guarantee states the name or the name under which that guarantor trades and the place of business of the guarantor. The form of guarantee under this section may be prescribed by regulation. Any person who gives a guarantee which is false shall be guilty of an offence against this Act and shall be liable in respect thereof in addition to the penalty for the sale of any article in contravention of this Act. 36. (1.) A person shall not sell coal or firewood s»i© of oo»i otherwise than by net weight: firewood. Provided that coal or firewood may be sold otherwise than by net weight if, but only if— (i.) The quantity thereof sold exceeds five hundredweights; (ii.) The seller obtains the consent in writing of the purchaser to the coal or firewood being so sold; (iii.) The date of the giving of that conpent is clearly shown thereon ; and (iv.) The sale is effected on or within seven days of the giving of that consent.

602 WEIGHTS AND MEASURES. P art V.— S ale op A rticles and U se of WEIGHT8 AND M easures for T rade . Weights and Measures Act. 15 G eo . VI. No. 35, The driver of any vehicle delivering or conveying coal or firewood of a quantity exceeding five hundred­ weights sold otherwise than by net weight shall produce on demand by an inspector the consent in writing required by this subsection to be obtained to that sale. Fraudulent sales. (2.) Any person who— 1 (i.) Sells coal or firewood by description which is false as to the sort of coal or firewood sold; or (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 of any other section of this Act relating to the sale of articles. Weighing 37. (1.) Every person who sells, by weight or manedasuring measure, any article in a shop, bakehouse, or other instruments place whatsoever, or in or from any vehicle or any ptorobveided. pack, basket, or other receptacle shall— (i.) Have a suitable weighing instrument with any necessary weights for weighing such article or, as the case requires, a suitable measure or measuring instrument for measuring such article ; and (ii.) At the request of a purchaser of such article weigh or measure the same in the sight and presence of the purchaser. If any such person fails to comply with the provisions of either subparagraph (i.) or subparagraph (ii.) of this subsection he shall be guilty of an offence against this Act: Provided that this subsection shall not apply to— (i.) Bread when sold and delivered elsewhere than at a bakehouse or shop ; or (ii.) Any other articles which may be exempted from this subsection by the regulations. Use of such (2.) A person shall be deemed not to comply with instruments. any provision of subsection one of this section unless the weighing instrument, measure, or* as the case may be, measuring instrument is so constructed and placed in such a position and so used that the purchaser has a

WEIGHTS AND MEASURES. 603 .. . : ' ' 1' PABSV.— 1951. ! WeightsandMeasuresAct. aetiows and _______ _______________________________ ____ _____________________________________________ ____________ USB OF W biohts and clear and unobstructed view of and can easily see the forte S e . weight or measure or the register of weight or measure by which he is buying and the purchaser has a clear and unobstructed view of and can easily see the operation of the weighing or measuring. (3.) Any person buying by any vessel represented Purchase by as containing the quantity of any standard measure or measures may require the contents of such vessel to be ascertained by comparison with a measure, duly inspected and stamped with a certifying stamp under and as required by this Act, to be provided by the seller. If the seller refuses or otherwise fails to make such comparison, or if upon such comparison such vessel is found to be deficient in capacity, the seller shall be guilty of an offence against this Act. Nothing contained in this subsection shall affect or prejudice the provisions of subsection one of this section. 38.(1.) The owner of every mill, refinery, creamery, Weighing factory, produce store, market, building, or other ™ ^rioui- place for the treatment, purchase, or sale of agricultural or dairy produce shall provide, in or convenient to such produce, place, a suitable weighing instrument. He shall cause the same to be placed, erected, and covered in, or otherwise protected, and to be verified, and from time to time inspected and if necessary adjusted 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. (2.) Any person entitled to observe and check the ' weighing of such produce shall also be entitled and check- permitted, at his own cost, to station a person (called a weigher- “ check-weigher ”) at the place of weighing such produce in order to check and take an account of the weight thereof.

604 WEIGHTS AND MEASURES. P ar * V.— S ale or A rticles A nd U se of WRIGHT8 AND M easures for T rade . Weights and Measures Act. 15 G eo . VI. No. 35, Where a check-weigher is appointed to perform his duties on behalf of several such persons, those persons may agree with the owner for the payment of the check- weigher by the owner and the deduction of all such payments from moneys payable by the owner to such persons respectively 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-weigher, including facilities for examining and testing the weighing 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 guilty of an offence against this Act, unless he proves that he has taken all reasonable means to carry out the requirements of this section. False declaration as to weights or measures, &c. 39. Any person who— (i.) By means of words, description, or other indication, direct or indirect, makes any false declaration or statement, or misleads any person, as to the weight, measure, or number, of any article sold or delivered by him; or • (ii.) Makes any false representation (whether verbally or in writing or otherwise howsoever) to any other person as to the weight, measure, or number, of any article delivered to or received by the firstnamed person upon sale or for the purpose of sale or in pursuance of any contract whatever ; or (iii.) Sells, or delivers upon sale or for the purposes of sale, or causes to be sold or delivered upon sale or for the purposes of sale, any article by weight, measure, or number short of the quantity purporting to be sold or delivered ; or

WEIGHTS AND MEASURES. 605 PART V.— 1951. WeightsandMeasuresAct. S ale of A rticles and U se of W eights and (iv.) Being the purchaser of any article purchased f M orea T sruardees . by weight, measure, or number where such weight, measure, or number is determined by that purchaser, makes or gives any incorrect statement (whether verbally or in writing or otherwise howsoever) of the weight, measure, or number of such article ; or (v.) Makes any false statement as to the tareweight of any vehicle, or does any act by which either the seller or purchaser of any article carried on any vehicle is defrauded ; or (vi.) 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 foreign matter beyond the proportion so permitted by the regulations to be retained or to remain; or (vii.) Where the purchaser is present at the sale to him of any article for human consumption, whether in any place or from any Vehicle, does not forthwith verbally declare to that purchaser the correct weight, measure, or number (according to how the article is sold) of the article then sold, shall be guilty of an offence against this Act. 40. Any person who— Fraud in . naing (i.) By means of any unlawful or any light or weight or incorrect or otherwise unjust weight, measure,measure- weighing instrument, or measuring instrument; or (ii.) In using any weight, measure, weighing instrument, or measuring instrument, defrauds or attempts to defraud, or who counsels or procures another to defraud or attempt to defraud by any of those means or in usiiig any weight, measure, or weighing instrument or measuring instrument any person shall be guilty of an offence against this Act and for a first offence be liable to a penalty not exceeding one hundred pounds, and for a second or any subsequent offence to a penalty not exceeding two hundred pounds,

WEIGHTS AND MEASURES. P art V.— S axe of A rticles and Weights and Measures Act. 15 G eo . VI. No. 35; U se of W eights and f M orea T sruardees . and in either case the weight, measure, or instrument with respect to which the offence is alleged or appears to be committed may be seized and upon conviction of the offender shall be forfeited to His Majesty. cwUeesreitgaohinfts and posse4s1si.on( 1. f)orAntyradpeersaonny wwheoightu,sems eaosrureh, asweinighihnigs measures instrument, or measuring instrument— prohibited. (i.) Which, in the case of a weight or measure, is not of the denomination of some standard weight or measure prescribed by this Act or of some part or multiple thereof; or (ii.) Which is light or incorrect or otherwise unjust; or (iii.) Which has become defective or has been mended or repaired, until the same has been reverified pursuant to this Act, shall be guilty of an offence against this Act and liable to a penalty not exceeding one hundred pounds, and in the case of the troy system and metric carat system, to a penalty not exceeding two hundred pounds. (2.) Any person mending or repairing a defective weight-, measure, weighing instrument, or measuring instrument shall obliterate any and every existing stamp thereon and shall submit such mended or repaired weight, measure, or instrument to the Chief Inspector for reverification. (3.) Subject to the provisoes to section forty-three of this Act with such adaptations thereof as are necessary for the purposes of this subsection, any contract made by any weight, measure, weighing instrument, or measuring instrument referred to in subsection one of this section, or by any weight, measure, weighing instrument, or measuring instrument which has not been inspected and either stamped by an inspector with a certifying stamp or in respect of which no certifying certificate has been issued as required by this Act shall be wholly void. Offences relating to forged stamps, &c. Falsification of standards, &e. 42. A person shall not— (i.) Wilfully -make false or destroy, deface, or injure any standard weight or measure or any departmental standard or any other departmental equipment;

WEIGHTS AND MEASURES. 607 --------- --------------------------------;-------------------------------------------------------------------------------------------------■ P art V.— 1951. ‘ ' WeightsandMeasuresAct . : ' articles and U se op W eights and (ii.) Forge or counterfeit or cause to be forged or ^* or trade . _ . . counterfeited or assist in forging or Forging',SL~‘ counterfeiting or unlawfully have in his 8tamPs- possession any certifying certificate or any stamp used for stamping under this Act any weight, measure, weighing instrument, or measuring instrument, or, unless duly authorised under this Act, make on any weight, measure, weighing instrument, or measuring instrument any impression purporting to be the impression of any such stamp, or alter any date mark used in connection with the impression of any such stamp; (iii.) In any way alter or tamper with so as to cause Tampering it to weigh or measure unjustly any weight, g^mped measure, weighing instrument, or measuring weights, &c. instrument which has been stamped under this Act; (iv.) Use, sell, or dispose of any weight, measure, Using weighing instrument, or measuring instrument fotged stamp so altered or tampered with, or any weight, thereon, &c. measure, weighing instrument, or measuring instrument having a forged or counterfeit stamp or impression thereon ; (v.) Make, sell, lease, hire, or lend, or cause to be Making false made, sold, leased, hired, or loaned any wei^taf&c. weight, measure, weighing instrument, or measuring instrument for use for trade which is false or unjust or which is not stamped or in respect of which a certifying certificate has not been issued as required by subsection three of section seventeen of this Act; or (vi.) Increase or diminish any stamped weight or increasing °r measure or any weight or measure in respect stemped™8 of which a certifying certificate has been weights and issued, or use, sell, or dispose of any such measure8‘ increased or diminished weight or measure: Provided that nothing herein shall apply to any person who increases or diminishes any stamped weight or measure when he adjusts the same to standard and entirely obliterates any and every certifying stamp, if any, thereon.

608 WEIGHTS AND MEASURES. P art V.— articles akd Weights and Measures Act. 15 G eo . VI. No. 35, U se of . _____________ ._________________________________________ ;___________________________________ . W eights and : ; . for T rade Any person guilty of an offence against this section shall be liable to a penalty not exceeding one hundred pounds, and all such weights, measures, weighing instruments, and measuring instruments and all such forged or counterfeited stamps may be seized and upon conviction of the offender shall be forfeited to His Majesty. Contracts made in 43. Any contract made in reference to any false reference to or unjust weight, measure, weighing instrument, or wfaelsieg,ht&s, c. & , c., measuring instrument shall be wholly void; void. Savings. Provided that in any proceedings in which the validity of any such contract comes in question it shall not be held to be void if it is proved to the satisfaction of the court that the use of the false or unjust weight, measure, weighing instrument, or measuring instrument was due to a bond fide mistake or an accident or to any other cause beyond the control of the parties thereto and in spite of all reasonable precautions being taken and all due diligence exercised by them or was due to the action of a person over whom the parties had no control: . Provided further that this section shall not apply to any contract made in reference to a public weighing instrument over which the parties to the contract have no control. G eneral . offences. PART VI.— GENERAL. 44 . (l.) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act. General penalty. ( 2 .) Where by this Act any authority is given to any person to direct anything to be done or to forbid anything to be done and anything so directed to be done is not done or anything so forbidden to be done is done, every person who offends against any such direction or prohibition shall be guilty of an offence against this Act. (3.) Any person guilty of an offence against any provision of this Act shall be liable, if no specific penalty is provided for that offence, to a penalty not exceeding one hundred pounds.

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 609 P art VI.— U kneral . (4.) All offences against this Act may be prosecuted Summary and all amounts of fees, charges, and expenses payable proceedmss' under this Act and not paid may be recovered in a summary under * “ The Justices Acts, 1868 to 1949,” on complaint by the Chief Inspector or by any person authorised by the Chief Inspector. (5.) A prosecution for an offence against this ActTimefor may be instituted at any time within twelve months meXof°e" after the commission of the offence or within twelve prosecutions, months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. ( 6 .) In any proceedings on a complaint any order Power of which the court is empowered to make may be made^£g*°der without an application or complaint being made in without respect thereof, notwithstanding anything to the contrary therefo ^011 in this or any other Act. (7.) Where a person is convicted of any offence Liability to against this Act and the court by which he is convicted 37nn' is of opinion that such offence was committed with case of intent to defraud, he shall be liable, in addition to or infraud- lieu of any penalty, to be imprisoned for any term not exceeding six months. ( 8 .) On any conviction under this Act the court may Compensa- order such payment as it thinks fit as compensation for convfetion. loss of time or expense incurred in consequence of the offence of which the defendant was committed, or in connection with the proceedings to secure such conviction. (9.) Where liability for an increased penalty is Limitation prescribed for a second or subsequent offence against a for second y provision or section of this Act, then in determining thatand liability offences committed more than five years before offence?60* the date of the commission of the second or subsequent offence in question shall not be taken into account: Provided that in the case of such a section all offences committed within the aforesaid period of five years, whether against the same or different provisions of that section, shall be taken into account. * 50 V. No. 17 and amending Acts. V

610 P art VI.— G eneral . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, Corpora­ tion, &c. (10.) Proceedings against any corporation, instrumentality, or authority for an offence against this Act or for the recovery of fees, charges, or expenses under this Act, may be taken against any person who is the manager or who acts or takes part in the management, administration, or government of such corporation, instrumentality, or authority, and such person shall be personally liable in such proceedings for the offence or, as the case may be, fees, charges or expenses in question. rtFoeecebosev, ea&rlascob. , le paya4bl5e.uAndneyr tahmisoAucntt anodf nfeoetsp, aicdhasrhgaelsl,beorreceoxvpeernabseles badsyebfaot.crtiaon bC;yhitehfeInCsphieecftoInrsbpyecatcotrioonr ( biyn haispeorfsfoicniaal untahmorei,seodr, bays tthhee case may be, in the name of that authorised person), as for a debt in any court of competent jurisdiction. The remedies for the recovery of amounts of fees, charges, or expenses payable under this Act and not paid provided by this section and by section forty-four of this Act shall be alternative and neither such remedy shall prejudice or otherwise affect the other excepting that resort shall not be had to both those remedies in respect of any one and the same amount of fees, charges, or expenses. ipJnuroricsedeidcitniogns Justic 4 e 6 s . A P c r t o s, ce1e8d8i6ng t s o i1n94a9,s”umormbayrywwaayyoufnadnerac* ti“on Th a e s rffeeoecrsot,vh&eerey. of foofraanydefbetesa,s cphraersgcerisb, eodrbeyxptheinsseAscpt atoyarbelceovuenrdtehretahmisoAunctt and not paid may be taken, heard and determined by a court of petty sessions at Brisbane or within the petty sessions district within or within twenty miles of the boundaries whereof the inspection or other service with respect to which that amount became so payable was made or rendered or, in the case of an action as aforesaid, before a court competent to hear and determine such an action either at Brisbane or in respect of the place where the inspection or other service with respect to which that amount became payable was made or rendered. Forfeiture 47. (1.) Unless otherwise expressly provided, any ionfswtreuimgheinntgs, weights, measures, weighing instruments, or measuring &c. instruments, or articles in connection with which any offence against this Act is committed may, on conviction * 50 V. No. 17 and amending Acts.

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. . 611 P art VI.— G eneral . of any person guilty of the offence, be forfeited to His Majesty by order of the court and such forfeiture, in the case of articles and where applicable, may extend to the whole of any similar articles found on the defendant’s premises or in his possession at the time the offence was committed. (2.) All weights, measures, weighing instruments, Disposal of measuring instruments (or any parts thereof), and weighing articles forfeited to His Majesty under this Act shall be instruments, dealt with or disposed of as the Chief Inspector may direct. &c‘ (3.) Unless otherwise indicated or provided, any Detention of weights, measures, weighing instruments, measuring ^struments, instruments, or any parts thereof, or any articles seized &c., seized, under this Act may, unless it is sooner established to the satisfaction of the Chief Inspector that at the time of such seizure no offence in relation thereto had been committed against this Act, be detained for a period of twelve months, or, if within that period proceedings for an offence against this Act in relation thereto or proceedings for any offence in which such weights, measures, weighing instruments, measuring instruments, parts, or articles are or can properly be adduced in evidence, have been instituted, until the final determination of these proceedings, including any appeal in the matter of those proceedings. 48. Unless otherwise indicated or provided, all Penalties, penalties, costs, fees, charges, and expenses recovered ^ ’ paya 6 under this Act shall be paid into and become part of the Consolidated Consolidated Revenue Fund of Queensland. Revenue. 49. (1.) Unless otherwise expressly provided, a Service of notice, order or other document empowered, authorisednofcloes’&c- or required by a provision of this Act to be served upon, or given or delivered to any person by the Chief Inspector or any other inspector may be so given, delivered or served— (i.) By delivering the same to that person (or his manager, servant, or agent) personally; (ii.) By prepaid post letter containing that notice, order or other document and addressed to that person at his business or residential address, in which case it shall be deemed to be so served, given or delivered upon the receipt by that person of that letter; or

612 . P art VI.— G eneral . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, (iii.) By prepaid registered letter containing that notice, order or other document and addressed as aforesaid, in which case the production in evidence of the proper receipt from a post office for that letter shall, until the contrary is proved, be sufficient proof that it was so served, given or delivered upon the date when that letter would have been received by the person concerned in the ordinary course of post. Either the original or a duplicate copy of any such document may be so given, delivered, or served. ( 2 .) A person or his manager, servant, or agent shall, if thereunto required by an inspector, acknowledge any notice, order or other document given, delivered, or served under this Act, by signing the original or, as the case may be, duplicate copy retained by the inspector. Saving of remedies. 50. No proceeding or conviction for any offence against this Act shall affect any civil right or remedy to which any person aggrieved by the offence may be entitled. Judicial 51. Judicial notice shall be taken of every nnoottiifciecaotfions, notification or proclamation published in the Gazette &c. under this Act. Evidence 52. (1.) When any weight, measure, weighing aposofswtsoeesigsihoinng ipnosstsreusmsioennt, ofoarnymepaesrusorinngcairnrystirnugmoennttriasdef, ouonrdininorthone i&nsct.ruments, atrnaydep, lascuechopr evrseohniclsehawllhibceh dieseumseedd fboyr tahney ppuerrpsoosnesfoorf this Act to use or have such weight, measure, or instrument in his possession for trade. ( 2 .) When any article is found in or on any place or vehicle which is used by any person for trade, that article shall, until the contrary is proved, be deemed for the purposes of this Act to be exposed for sale or kept or had in possession for sale. References (3.) For the purposes of this Act whenever in t“oImperial ” relation to any measure of capacity the word “ Imperial ” in stamps, appears in any contract, or in any stamp, or on any &c, article, package or label, or is used otherwise howsoever, that word shall be deemed to refer to and shall represent the standard measure of capacity ascertained in accordance with this Act corresponding to the measure of capacity in relation to which that word is so used.

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 613 P art VI.-— G eneral . this A5c3t.— In a proceeding under or for a purpose of Fofacpirloitoaft.ion (i.) It shall not be necessary to prove the appointment of the Chief Inspector or of any other inspector; (ii.) A signature purporting to be that, of the Chief Inspector or of any other inspector shall be taken to be the signature it purports to be until the contrary is proved; j (iii.) It shall not be necessary to prove the limits of any district or part of a district or that any place or locality is within a district or part thereof, or the authority of the Chief Inspector or any other inspector to do any act or to issue any order or to give any direction ' or notice or to make any request or to take any proceeding, but this shall not prejudice the right of any defendant to prove the limits of the district or part of a district or the extent of such authority; (iv.) It shall not be necessary to prove that any standard weight or measure or any departmental standard, stamp, or other departmental equipment was or is deposited, supplied, kept, stamped, verified, reverified, inspected, or used under or for the purposes of this Act or is such standard, or departmental standard, stamp, or other departmental equipment; (v.) In respect of any weight, measure, weighing instrument, or measuring instrument the allegation or averment in the complaint that the weight, measure, weighing instrument, or measuring instrument has or has not been duly inspected, examined, tested, verified, reverified, adjusted, or stamped under this Act or has or has not been duly inspected and stamped with a certifying stamp or in respect of which no certifying certificate has been issued under and as required by this Act shall be Evidence of the matter or matters so alleged or j averred and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters;

614 P art VI.— general . WEIGHTS AND MEASURES. ------------------------------------------------- :------------------------1------------------- ;--------------------------------------------- Weights and Measures Act. 15.G eo . VI. No. 35, (vi.) A document purporting to be either an original or duplicate copy of an order, or a certificate, direction, or notice, issued or given under this Act by the Chief Inspector or by any other inspector shall, upon its production in evidence, be evidence of that order, certificate, direction, or notice, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of that order, certificate, direction, or notice ; (vii.) A document purporting to be signed by an inspector and certifying that the amount specified therein is payable under this Act in respect of fees, charges, or expenses and has not been paid by a specified person, and, if so stated, that such fees, charges, or expenses are in respect of any inspection made or service rendered under this Act, shall, upon its production in evidence, be evidence of the matter or matters certified to therein and of the making of the inspection or the rendering of the service, if any, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters ; (viii.) A document purporting to be signed by an inspector and certifying that a specified weight, measure, weighing instrument, or measuring instrument was inspected by him on a specified date and the findings of his inspection, or certifying that a specified article was weighed, measured, or counted by him on a specified date and was found to be of a weight, measure, or number therein stated, or certifying that the net contents of a specified vessel, container, or other receptacle were measured by him on a specified date and were found to be of a measure therein stated, shall, upon its production in evidence, be evidence of the matter or matters certified to therein and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters.

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 615 P art VI — G eneral . 54. (1.) A person shall not manufacture or sell for True 811(1 use for containing milk or any other article, any bottle measures of or other package stamped with a measure of the capacity capacity which is not the true and correct measure of the capacity stamped on of that bottle or other package. milk bottles, In and for the purposes of this subsection “ true and correct measure of the capacity ” shall, in addition to the ordinary meaning thereof, mean, unless otherwise prescribed, a measure of capacity corresponding with a standard measure prescribed by this Act, or of some multiple or part thereof. (2.) The Governor in Council may from time to Power to time make regulations for or in respect of all or any of“^ations the following purposes, matters, and things :— in respect of . packages for (i.) Prescribing standard specifications of cjapacity prescribed for bottles or other packages used in the saleartieles> &0- of any prescribed article in Queensland ; (ii.) Prescribing distinctive marks for bottles or other packages made to those specifications; (iii.) Providing that any such article, when bottled or otherwise packed, shall in Queensland be sold only in bottles or other prescribed packages made to the prescribed specifications and bearing the prescribed distinctive marks ; (iv.) Providing that manufacturers of any such packages shall only operate under licenses issued under this Act; (v.) Providing for the withdrawal of the license from any such manufacturer failing to produce bottles or packages to the standard specifications; (vi.) Empowering inspectors to carry out from time to time tests including sample tests on all bottles or other packages used or intended to be used in the sale of any such prescribed article; and (vii.) Prescribing all or any other matters and things deemed necessary or desirable: for the protection of the public in all contracts in respect of such pre-packed articles br that may be necessary or expedient to carry out the objects and purposes of this section.

616 P art VI.— G eneral . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, The provisions of this subsection may apply in respect of milk, cream, fruit juices, or other prescribed articles. Regulations. 55. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether 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. Without limiting the generality of the foregoing provisions of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things— Appoint­ ments. (i.) Prescribing the qualifications of inspectors appointed under this Act and requiring that before appointment they shall give by examination or otherwise satisfactory evidence of their competency ; Duties of officers. (ii.) Prescribing, regulating and controlling the powers and duties of the Chief Inspector, other inspectors and other officers; Care and verification, &c., of standards. (iii.) Prescribing, regulating, and controlling the supply, custody, care, and verification of standard weights and measures, and of departmental standards and other depart­ mental equipment, and the periodical inspection of departmental standards and other departmental equipment, and the certification of such verification or inspection • Inspection of weights, measures, &c. • (iv.) Regulating and controlling the inspecting, examining, testing, verification, reverification, comparison, adjusting, repairing, and stamping of weights, measures, weighing instruments, and measuring instruments for the purposes of this Act, and without limiting the generality thereof, prescribing any method or methods by which or the manner in and the means by which and the persons by whom all or any of those things shall or shall not be done, prescribing stamps including certifying stamps and rejection stamps for the purposes of this Act, prescribing the circumstances and conditions under which

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 617 P art VI.— G eneral . and the maimer in which and the persons by whom stamps may be obliterated or defaced, and providing for the qualification and registration or licensing of repairers and adjusters of weights, measures, weighing instruments, and measuring instruments, and the supervision and control of repairers and adjusters of weights, measures, weighing instruments, and measuring instruments including the prohibition of the use of the designation of repairer or adjuster of such weights, measures, or instruments or any like designation by persons not so registered or licensed; (v.) Prescribing the limitation of error I which Limit of may be permitted or tolerated in any weights,orror* measures, weighing instruments, or measuring instruments ; (vi.) Prescribing, regulating, and controlling Keguiating weights, measures, weighing instruments, and ®^trollin measuring instruments, including, but without weights and limit to the generality thereof— measures, (a) The class or type thereof; (b) The shape, dimensions, and proportions thereof, and the materials of which they shall be made; (c) The imposition of conditions respecting the placing, erection, and protection of the same; (d) Limiting the purposes or trades for or in which prescribed weights, measures, weighing instruments, or measuring instruments may lawfully be used, and prescribing the classes or types of weights, measures, weighing instruments, and measuring instruments to be used in prescribed trades; (e) Prohibiting the use of any particular classes or types of weights, measures, weighing instruments, or measuring instruments either wholly or except on compliance with the conditions prescribed;

618 P art VI.— G eneral . Weigh­ bridges. Check- weighers. Tareweights. Marking of weight, &c.t on articles- Prescribing the method by which the articles shall be sold. Weights, &c., of prescribed articles. WEIGHTS AND MEASURES. Weights and Measures Act . 15 G eo . YI. No. 35, (/) Prescribing the classes or types of weights to be used on prescribed classes or types of weighing instruments ; and (g) Prescribing the manner of the marking on weights and measures of their several denominations, and on weighing instruments and measuring instruments of their capacities and other markings; (vii.) Providing for, regulating, and controlling weighbridges, including the registration of weighbridges, their testing, verification, reverification, inspection, and stamping, and their use, and the licensing of weighmen, and prohibiting or regulating the use of unregistered weighbridges, and generally for the supervision and control of weighbridges and weighmen; (viii.) Preventing undue interference by check- weighers with the premises or property of owners, or employees of owners ; (ix.) Regulating and controlling the taking of tareweights of vehicles used for the conveyance of articles sold or carried by weight; the issue and production of tickets showing such weight, or the weight of the loading on such vehicles, or the weight of the loading and the vehicles; providing in any case for such weighing on demand by a purchaser or an inspector, and for preventing frauds in connection with articles conveyed on vehicles and sold or carried by weight; (x.) Regulating and controlling the marking upon articles or packages or labels of their net weight, measure, or number, including the prescribing of the method of such marking; (xi.) Prohibiting the sale of prescribed articles by measure of capacity and prescribing the method by which prescribed classes of articles shall be sold and prohibiting the sale of such articles otherwise ; (vii.) Prescribing the weights or measures in which prescribed classes of articles shall be manufactured or packed for sale or sold;

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 619 PART VI.— G eneral . (xiii.) Prescribing the form of package for containing Form of any prescribed class of articles sold by receptacles, weight or measure and the form of receptacle to be fitted to or form part of any vehicle carrying any prescribed class of articles for delivery or sale by measure, and the method of marking or stamping such packages or receptacles; (xiv.) Prescribing the fees payable in respect of any Fees. &o. inspection or service under this Act; fixing the amount or proportion of expenses, or of expenses as prescribed, incurred in connection therewith which shall be payable; and prescribing the persons by whom and the places and times when and where such fees and expenses shall be paid ; (xv.) Prescribing all such definitions as deemed Definitions, necessary or expedient for the purposes of this Act including the definition of the meanings of terms used in this Act and the modification of any terms defined by this Act; (xvi.) Prescribing the forms to be used and the Weight- conditions to be observed in the giving or weighing! taking of weight-notes, and the procedure to be observed in weighing produce and other articles ; (xvii.) Regulating and controlling the sale, wjeighing, Bulky measuring, and delivery of coal, fijrewood,articles' and other bulky articles whatsoever, and the provision and use of weighing instruments, or as the case requires, measuring instruments in connection therewith; the issue by sellers to drivers of vehicles conveying such Articles, of weight or measure tickets, invoices, or delivery notes, and the carryirig and production of such tickets, invoices, or delivery notes, and delivery of the same to purchasers; ! (xviii.) Regulating and controlling the production invoices and and delivery of tickets, invoices, or delivery notesT 7 notes in respect of articles sold, ordered, or purporting to be supplied by weight or measure and prescribing the information which is to be given on such tickets, invoices, or delivery notes;

620 P art VI.— G eneral . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35, Penalties. Exemptions. Generally. (xix.) Prescribing the amount of any pecuniary penalty for any offence against any regulation, provided that any such penalty shall not in any case exceed one hundred pounds; (xx.) Providing for exemptions from all or any of the provisions of this Act; (xxi.) Prescribing all matters or things which by this Act are required or permitted to be prescribed. (2.) The power to make with respect to any weights, measures, weighing instruments, measuring instruments, articles, packages, or any matter or thing whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, trades, purposes, class, type, or circumstances or otherwise as is prescribed. The power to make regulations with respect to any matter shall include power to make regulations under this section prohibiting that matter either generally or to meet particular cases. The power to make regulations under this Act shall include power to repeal, amend, or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act. (3.) Regulations may be made under this Act at any time after the passing hereof. Publication 56. (1.) Every Proclamation and regulation made toiof nPsr, oclama­ under this Act shall— regulations, &c. (i.) Be published in the Gazette; (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii.) Take effect from the date of such publication unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and

1951. WEIGHTS AND MEASURES. WeightsandMeasuresAct. 621 P art VI.— G eneral . (iv.) Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation or regulation has been laid before Parliament disallowing such Proclamation or regulation or part thereof, that Proclamation or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation. (3.) In this section the term “ sitting days!” means days upon which the House actually sits for the despatch of business. SCHEDULE. S tandard W eights and M easures of Q ueensland . S chedule . [S ection 11 ( 1)0 (As certified to by the British Board of Trade Standards Department.) A voirdupois W eights . Certificate No. 1546. 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, one ounce, eight drams, four drams, two drams, one dram, and one-half dram. Certificate No. 1572. One Avoirdupois Weight each of fifty pounds, twenty pounds, ten pounds, and five pounds. Certificate No. 1571. One Avoirdupois Weight each of two hundred and forty grains, one hundred and twenty grains, seventy-two grains, forty-eight grains, and twenty-four grains. A pothecaries ’ W eights . Certificate No. 1543. One Apothecaries’ Weight each of ten ounces, eight ounces, six ounces, four ounces, and two ounces.

,622 S chedule . WEIGHTS AND MEASURES. Weights and Measures Act. 15 G eo . VI. No. 35* Certificate No. 1542. 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, tfcree grains, two grains, one grain, and one-half grain. T roy B ullion W eights . Certificate No. 1545. One Troy Bullion Weight each 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, 0*001 ounce. M etric W eights . Certificate No. 1550. Twenty kilograms Ten kilograms Five kilograms Two kilograms One kilogram Five hundred grams Two hundred grams One hundred grams Fifty grams Twenty grams Ten grams Five grams Two grams One gram Five decigrams Two decigrams One decigram Five centigrams Two centigrams One centigram Five milligrams Two milligrams One milligram 500 c.m. 200 c.m. 2001c.m. 100 c.m. 50 c.m. 20 c.m. 20j c.m. 10 c.m. 5 c.m. 2 c.m. 21c.m. M etric C arat W eights . Certificate No. 1585. 1 c.m. 0*5 c.m. 0*2 c.m. 0*2X c.m. 0*1 c.m. 0*05 c.m. 0 02 c.m. 0*02j c.m. 0*01 c.m. 0*05 c.m. D ecimal G rain W eights . * Certificate No. 1544. 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, 0*01 grain. ,

WEIGHTS AND MEASURES. -----:----------------------------------------- :------ :-------------------: ;—:----------------- :—:------------------ 1951. WeightsandMeasuresAct . 623 S chedule . M easures of C apacity . Certificate No. 1575. One Cylindrical Gunmetal Measure each of forty fluid ounces, twenty fluid ounces, ten fluid ounces, five fluid ounces, 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 one subdivided glass pipette denominated thirty minims. Certificate No. 1547. One Cylindrical Gunmetal Measure each of one bushel, half bushel, peck, gallon, half gallon, quart, pint, half pint, gill, half gill, and quarter gill. Certificate No. 585. One subdivided glass cylindrical measure 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. Certificate No. 1138. One subdivided glass cylindrical measure each of one thousand C.C., five hundred C.C., two hundred C.C., one hundred C.C., fifty C.C., twenty C.C., ten C.C., and five C.C. M easures of L engths . Certificate No. 1548. One subdivided measure of length of one yard. Certificate No. 1626. One subdivided measure of length of ten feet. Certificate No. 1608. One subdivided measure of length of one hundred feet. Certificate No. 1607. One subdivided measure of length of sixty-six feet. WHEAT INDUSTRY STABILISATION, See A griculture .