Weights and Measures Acts Amendment Act of 1958 (7 Eliz Ii No. 35) (Qld)

786 WEIGHTS AND MEASUEES. Weights and Measures, Etc., Act . 7 E liz . II. No. 35, WEIGHTS AND MEASURES. 7 N E o l . iz 3 . 5 I . I. An Act to Amend "The Weights and Measures WM eieg T ahshtuesraesnd Acts, 1951 to 1957/’ in certain particulars. A cts A mendment A ct of 1958. [A ssented to 30 th O ctober , 1958.] E it enacted by the Queen’s Most Excellent Majesty, B 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:— Short title. 1. (1.) This Act may be cited as “ The Weights and Measures Acts Amendment Act of 1958.” Principal (2.) *“ The Weights and Measures Acts, 1951 to Act. 1957,” are in this Act referred to as the Principal Act. tCitollel. ective colle(c3ti. ) veTlyhecitPedrinacsip“ al Th A e c W t e a ig n h d ts t a h n i d s M A e c a t sur m es ay Ac b ts e , 1951 to 1958.” New s. 28 a . 2. The following section, numbered 28 a , is inserted after section twenty-eight of the Principal Act:— Milk bread to be made “[25 a .] (1.) Section twenty-eight of this Act shall and sold in not apply to bread made for sale which is marked as lcoearvtaeisnof prescribed by this section but the said section twenty- weights. eight shall apply to bread made for sale not so marked notwithstanding that it complies with the standard prescribed for milk bread and that it is of a denomination specified in this section. (2.) Milk bread made for sale shall be made into loaves weighing (according to the standard weight by law established) approximately but not less than twelve ounces or one pound eight ounces and denominated the twelve ounce loaf and the twenty-four ounce loaf respectively. (3.) Every loaf of milk bread made for sale shall be legibly and durably marked— (i.) In the case of such a loaf of a denomination of twelve ounces, “ Milk—12 ounces ” ; or (ii.) In the case of such a loaf of a denomination of twenty-four ounces, “ Milk—24 ounces ”. * 15 G. 6 No. 35 and amending Act.

WEIGHTS AND MEASURES. 1958. Weights and Measures, Etc., Act. (4.) A person shall not mark as prescribed by this section any loaf of bread made for sale unless that loaf of bread conforms to the standard prescribed for milk bread. A person guilty of the offence of marking any loaf of bread in contravention of this subsection shall be liable to a penalty not exceeding— (a) For the first such offence, one hundred pounds; (t>) For the second or any subsequent such offence, two hundred pounds. (5.) Any person who makes for sale or sells any loaf of milk 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 milk 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. In any proceeding under or for the purposes of this subsection in which it is material to prove that a loaf of bread is a loaf of milk bread, evidence that the loaf in question is marked as prescribed by this section shall be evidence, which until the contrary is proved, shall be deemed to be conclusive evidence that the loaf is a loaf of milk bread. (6.) Where, upon the hearing of a complaint for an offence against subsection five of this section of making for sale or selling, as the case may be, any loaf of milk 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 milk bread in question but that that loaf— (i.) Purported to be of a denomination hereinbefore specified in this section; and 787

WEIGHTS AND MEASURES. Weights and Measures, Etc., Act. 7 E liz . II. No. 35, (ii.) Was deficient of the weight prescribed for a loaf of milk bread of that denomination, then with respect to that loaf of milk 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 milk bread which, purporting to be of a denomination hereinbefore specified in this section, was deficient of the weight prescribed therefor. (7.) Where upon the hearing of a complaint for an offence against subsection five of this section the court is satisfied upon the whole evidence led and admitted at the hearing (including the evidence, if any, for the defence) that the defendant is not guilty of the offence charged but is guilty of an offence against subsection four of this section, the court may without complaint being made in that behalf, convict and punish the defendant for the offence against subsection four established by the evidence. (8.) Upon a complaint against any person for an offence against subsection five of this section of making for sale or selling, as the case may be, any loaf of milk bread 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 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. (9.) Notwithstanding anything hereinbefore contained in this section, upon a complaint against any person for an offence against subsection five of this section of making for sale or selling, as the case may be, any loaf of milk bread, which, purporting to be of a

WEIGHTS AND MEASURES. 1958. Weights and Measures, Etc., Act. denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the total dry solids of the loaf, purporting to be of the same denomination and description of that bread found at any one and the same time and being a loaf of or most nearly approximately the average weight per loaf of the loaves of the same denomination and description weighed pursuant to the provisions of subsection eight of this section, is less than the total dry solids prescribed for loaves of such denomination. For the purposes of this subsection the inspector shall select and seize from the loaves purporting to be of the same denomination and description so found and weighed in accordance with the provisions of subsection eight of this section, two loaves of or most nearly approximating the average weight per loaf of the loaves so weighed. One of the loaves so selected and seized and being the loaf of or most nearly approximating the average weight per loaf of the loaves so weighed shall be dealt with by the inspector in accordance with the provisions of subsection 3 a of section thirty of this Act. The inspector shall offer the other loaf so selected and seized duly sealed, wrapped and marked as prescribed by subsection 3 a of section thirty of this Act to the person who pursuant to this Act is present at the weighing or, where the bread is weighed under the authority of this Act in the absence of any such person, the inspector shall offer that loaf to some person employed or apparently employed at the place where such bread was made or sold or in connection with the business carried on thereat. {10.) The total dry solids of a loaf of milk bread shall be as set out hereunder :— (i.) In the case of a twelve ounce loaf—not less than seven ounces and two-tenths of an ounce; (ii.) In the case of a twenty-four ounce loaf—not less than fourteen ounces and four-tenths of an ounce, or such other total dry solids as may be prescribed from time to time in lieu thereof or in substitution therefor.

790 WEIGHTS AND MEASURES. Weights and Measures, Etc., Act. 7 E liz . II. No. 35, (11.) Without limiting the power to make regulations conferred by section fifty-five of this Act regulations may be made under that section— (i.) Prescribing the total dry solids of a loaf of milk bread of either of the denominations hereinbefore specified in this section and/or of a loaf of milk bread of all or any of the classes or descriptions of the same denomination in lieu of or in substitution for the dry solids of a loaf prescribed by subsection ten of this section; and (ii.) Prescribing the method by which every loaf of milk bread shall be marked as prescribed by subsection three of this section. (12.) For the purposes of this section any loaf of milk bread which exceeds the weight of one pound shall be deemed to be not a twelve ounce loaf. (13.) For the purposes of this Part IV. of this Act, the term “ milk bread ” shall mean bread which conforms to the standard prescribed for milk bread.” New s. 29 a . 3. The following section, numbered 29 a , is inserted after section twenty-nine of the Principal Act:— bread milk ** [2S a .] (1.) Section twenty-nine of this Act shall rea ' not apply to any package of sliced bread for sale upon the outside of which package, or upon a label securely attached thereto, a statement as prescribed by paragraph (iii.) of subsection three of this section is written or printed, but the said section twenty-nine shall apply to any package of sliced bread for sale upon which such a statement is not so written or printed notwithstanding that the bread contained therein complies with the standard prescribed for milk bread and that it is of a denomination specified in this section. (2.) All milk bread for sale as sliced milk bread shall be packed in packages containing a quantity of milk bread weighing (according to the standard weight by law established) approximately but not less than twelve ounces or one pound eight ounces and denominated the twelve ounce package and the twenty- four ounce package, respectively.

WEIGHTS AND MEASURES. 1958. Weights and Measures, Etc., Act. A person shall not sell any sliced milk bread which is not packed in a package. (3.) Any person who packs for sale, or who sells, any package of sliced milk 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 milk 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 which shall include the words “ MILK BREAD ” in capital letters of not less than eighteen point face measurement, specifying that the package contains sliced milk bread and specifying the net avoirdupois weight of the milk bread therein, shall be guilty of an offence against this Act. In any proceeding under or for the purposes of this subsection in which it is material to prove that a package of sliced bread is a package of sliced milk bread, evidence that the statement prescribed by paragraph (iii.) of this subsection is written or printed upon the outside of the package, or upon a label securely attached thereto, shall be evidence, which until the contrary is proved, shall be deemed to be conclusive evidence that the package is a package of sliced milk bread. (4.) Where, upon the hearing of a complaint for an offence against subsection three of this section of packing for sale or selling, as the case may be, any package of sliced milk 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 packed for sale or, as the case may be, sold the package of sliced milk bread in question but that that package— (i.) Purported to be of a denomination hereinbefore specified in this section; and

792 WEIGHTS AND MEASURES. Weights and Measures, Etc., Act. 7 E liz . II. No. 35, (ii.) Contained therein a quantity of milk 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 milk bread which, purporting to be of a denomination hereinbefore specified in this section, contained a quantity of milk bread deficient of the weight prescribed therefor. (5.) Notwithstanding anything hereinbefore contained in this section upon a complaint against any person for an offence against subsection three of this section of packing for sale or selling, as the case may be, any package of sliced milk bread which, purporting to be of a denomination hereinbefore specified in this section, is deficient of the weight prescribed therefor, that person shall not be convicted unless the total dry solids of the milk bread contained in that package is less than the total dry solids prescribed for the milk bread contained in a package of sliced milk bread of such denomination. (6.) The total dry solids of the milk bread contained in a package of sliced milk bread shall be as set out hereunder— (i.) In the case of a twelve ounce package, not less than seven ounces and two-tenths of an ounce; (ii.) In the case of a twenty-four ounce package, not less than fourteen ounces and four-tenths of an ounce, or such other total dry solids as may be prescribed from time to time in lieu thereof or in substitution therefor. (7.) Without limiting the power to make regulations conferred by section fifty-five of this Act, regulations may be made under that section prescribing the total dry solids of the milk bread contained in a package of sliced milk bread of either of the denominations hereinbefore specified in this section and/or in a package of sliced milk bread of all or any of the classes or descriptions of the same denomination in lieu of or in

WEIGHTS AND MEASURES. 1958. Weights and Measures, Etc., Act. substitution for the total dry solids of the milk bread contained in a package prescribed by subsection six of this section. (S.) Where upon the hearing of a complaint for an offence against paragraph (i.) or paragraph (ii.) of subsection three of this section the court is satisfied upon the whole evidence led and admitted at the hearing (including the evidence, if any, for the defence) that the defendant is not guilty of the offence charged but is guilty of an offence against subsection nine of this section, the court may without complaint being made in that behalf, convict and punish the defendant for the offence against subsection nine established by the evidence. (9.) A person shall not pack for sale or sell any package of sliced bread upon the outside of which package, or upon a label securely attached thereto, a statement as prescribed by paragraph (iii.) of subsection three of this section is written or printed unless the bread contained in that package of sliced bread conforms to the standard prescribed for milk bread. A person who contravenes the provisions of this subsection shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding— (a) For the first such offence, one hundred pounds ; (b) For the second or any subsequent such offence, two hundred pounds. (10.) For the purposes of this section any package of sliced milk bread which contains a quantity of milk bread exceeding the weight of one pound shall be deemed to be not a twelve ounce package. (11.) Nothing in this section— (i.) Shall apply to or with respect to the sale of any sandwiches or other article made partly of sliced milk bread, or any sliced milk bread sold and consumed on the premises of the seller, or the sale of any sliced milk bread when sold in a quantity of not more than eight ounces; (ii.) Shall authorise or be deemed to authorise any milk bread to be made into a loaf which is not of a denomination specified in section 28 a of this Act.” 793

794 WEIGHTS AND MEASURES. Weights and Measures, Etc., Act. 7 E liz . II. No. 35, Amendment of s. 30 a . 4. Section 30 a of the Principal Act is amended— (i.) By inserting in that section, after the words “ under this Part ”, the figures and words “ IY. of this Act ” ; and (ii.) By adding to that section the following paragraphs :— “ (iii.) In which it is material to prove that a loaf of bread purporting to be of a denomination or a denomination and description hereinbefore specified in this Part IV. of this Act, was deficient of the weight prescribed therefor; evidence that the total dry solids of that loaf of bread as ascertained upon an analysis thereof by an analyst is less than the total dry solids prescribed for a loaf of bread of that denomination or, as the case may be, denomination and description, shall be evidence which until the contrary is proved shall be deemed to be conclusive evidence that that loaf of bread was deficient of the weight prescribed for a loaf of bread of that denomination or, as the case may be, denomination and description ; and (iv.) In which it is material to prove that the quantity of bread contained in a package of sliced bread purporting to be of a denomination or denomination and description hereinbefore specified in this Part IV. of this Act, was deficient of the weight prescribed therefor, evidence that the total dry solids of the bread contained in that package, as ascertained upon an analysis thereof by an analyst is less than the total dry solids prescribed for the bread contained in a package of sliced bread of that denomination or, as the case may be, denomination and description, shall be evidence which until the contrary is proved shall be deemed to be conclusive evidence that the bread contained in that package was deficient of the weight prescribed for the bread contained in a package of sliced bread of that denomination, or, as the case may be, denomination and description.”

WEIGHTS AND MEASURES. 795 1958. Weights and Measures, Etc., Act. 5. Section thirty-nine of the Principal Act is Amendment amended by repealing in paragraph (iii.) thereof theof 8' 39‘ words “, 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,”. 6. The following section, numbered 53 a , is inserted New s- 53a* after section fifty-three of the Principal Act:— “ [53 a .] ( 1 .) 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 in any proceeding whatsoever, 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. (2.) Where in any proceeding whatsoever any weight, measure, weighing instrument or measuring instrument produced in evidence is stamped with a stamp purporting to be a certifying stamp, that stamp shall be evidence 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 and in the absence of evidence in rebuttal thereof shall be conclusive such evidence. (3.) A certificate, purporting to be a certifying certificate and certifying that a specified 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 shall, upon its production in evidence in any proceeding whatsoever, 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.”