Weights and Measures Acts Amendment Act of 1965 (Qld)

463 Queensianbr ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1965 An Act to Amend "The Weights and Measures Acts, 1951 to 1963," in certain particulars [ASSENTED To 25TH OCTOBER, 1965] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. (1) Sort tide . This Act may be cited as " The Weights and Measures Acts Amendment Act of 1%5." (2) Principal Act. " The Weights and Measures Acts, 1951 to 1963," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Weights and Measures Acts, 1951 to 1965." 2. C cenwnL This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

464 Weights and Measures Acts Amendment Act of !965, No. 36 3. Amendment of s. 3 . Section three of the Principal Act is amended by omitting the words and numerals " PART 1I-UNrrs- STANDARDS; " and inserting in their stead the words and numerals " PART II-UNrrs AND STANDARDS OF MEASUREMENT; ". 4. Repeal of and new Part 11. Part II of the Principal Act being the heading " PART II--UNrrs-STANDARDS " and sections seven to fourteen both inclusive is repealed and the following Part is inserted in its stead:- "PART II-UNITS AND STANDARDS OF MEASUREMENT [7.] Units of Measurement . A reference in a law of Queensland (whether the law was made before , on or after the commencement of " The Weights and Measures Acts Amendment Act of 1965 ") to a unit of measurement of a physical quantity shall , if there is a Commonwealth legal unit of measurement of that physical quantity of the same name and unless the contrary intention appears , be read and construed as a reference to that Commonwealth legal unit of measurement. [&] Standards of measurement . The Minister shall, from time to time . arrange for the provision and maintenance of such standards of measurement as are necessary for the purposes of this Act to provide means by which measurements of a physical quantity may be made in terms of the units, or parts or multiples of the units , of measurement of that physical quantity prescribed under the Commonwealth Act. [9.] Classes of standards . ( 1) The standards of mea suremen t provided pursuant to section eight of this Act shall be divided into classes as follows :- (a) State standards , which shall be standards of measurement which at the request of the Minister and with the approval of the Commission have been verified , whether before or after the commencement of " The Weights and Measures Acts Amendment Act of 1965," and , where appropriate , reverified in accordance with the Commonwealth Act; that is to say, working standards of measurement; (b) Departmental standards , which shall be standards of measurement which are subsidiary standards verified , whether before or after the commencement of " The Weights and Measures Acts Amendment Act of 1965." and . where appropriate, reverified as prescribed by means of, by reference to, by comparison with or by derivation from- (i) an appropriate Commonwealth standard of measurement; (ii) an appropriate working standard of measurement ( including a State standard provided pursuant to this Act) ; or (iii) two or more standards of measurement , each of which is a standard of measurement referred to in either of the preceding subparagraphs of this paragraph, and shall include any subsidiary standard which has been verified , whether before or after the commencement of " The Weights and Measures Acts Amendment Act of 1%5," and, where appropriate, reverified as prescribed by means of, by reference to, by comparison with or by derivation from a subsidiary standard of measurement which , pursuant to the Commonwealth Act, is a subsidiary standard of measurement of a class higher than the subsidiary standard of measurement so verified or reverified.

Weights and Measures Acts Amendment Act of 1965, No. 36 465 (2) Every State standard provided pursuant to section eight of this Act shall, subject to this Act be a standard weight or . as the case may be , measure for Queensland for the purposes of this Act. [10.] Legal units of measurement . The standards of measurement provided pursuant to section eight of this Act and no others shall be used for the verification and reverification, and in the inspection of, weights, measures , weighing instruments and measuring instruments used or to be used for trade for the measurement of physical quantities. [11.] Custody of State standards . (1) Every State standard shall be safely kept by the Chief Inspector 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. (2) Subject to this Act, the Minister shall from time to time cause to be taken all such steps as are necessary for the reverification in accordance with the Commonwealth Act of all State standards. (3) A standard of measurement shall not be used as a State standard for the purposes of this Act at any time when it has not been verified or, as the case requires, reverified in accordance with the provisions of the Commonwealth Act relating to working standards of measurement. (4) A State standard which has become defective shall not be used for the purposes of this Act until it has been reverified in accordance with the Commonwealth Act. [12.] Departmental standards . (1) Every departmental standard shall be stamped as prescribed except where its size renders this impracticable or where it is of a kind exempted from stamping by the regulations. (2) The fact that any standard of measurement in the custody of an Inspector bears the prescribed stamp shall be sufficient evidence that such standard is a departmental standard. (3) The Chief Inspector shall supply departmental standards to such Inspectors as require them for the purposes of this Act. (4) Every departmental standard ( unless the Chief Inspector, pursuant to this section , orders it to be called in) shall be safely and securely kept by the Inspector in charge thereof and shall be used by the Inspector under and for the purposes of this Act. (5) Every departmental standard shall be reverified as prescribed and the Chief Inspector may order a departmental standard to be called in for this purpose. (6) A standard of measurement shall not be used as a departmental standard for the purposes of this Act at any time when it has not been verified or, as the case requires , reverified as prescribed in relation to departmental standards. (7) A departmental standard which has become defective shall not be used for the purposes of this Act until it has been reverified in accordance with this Act.

466 Weights and Measures Acts Amendment Act of 1965, No. 36 [13.] Verification of other standards . The Minister may, from time to time, cause to be made such arrangements as appear to him to be desirable to enable standards of measurement of physical quantities used in or in connection with the administration of any other Act to be verified, reverified or tested for the purpose of complying with the Commonwealth Act. [14.] Density tables . The Governor in Council may, by regulation, prescribe for use in any computations required for the purposes of this Act tables setting out- (a) the densities; and (b) the apparent densities when weighed under specified conditions- of water and other liquids at such temperatures as are specified in the tables. [14A.) Standard weight for certain articles . (1) The bushel of standard weight for the undermentioned produce shall respectively consist of the number of pounds weight following. that is to say:- Barley Beans Beans (fresh) Bran Buckwheat .. Canary seed Clovers Cowpea Flax Grass seed -buffel, couch, cocksfoot, panics ( green and blue), paspalum, rhodes, rye Linseed Lucerne Lupins Maize Meals Millets-all kinds Oats Peas Peas (in pod) Pollard Rice Rye Corn Safflower Sorghum Broom Corn Sorghum Grain Sorghum Sweet Sudan grass Sunflower Tares or vetches Wheat fifty pounds sixty pounds twenty pounds twenty pounds fifty pounds fifty- six pounds sixty pounds sixty pounds sixty pounds twenty pounds fifty-six pounds sixty pounds sixty pounds fifty-six pounds twenty pounds fifty pounds forty pounds sixty pounds- twenty-eight pounds twenty pounds forty-five pounds sixty pounds forty pounds sixty pounds sixty pounds sixty pounds fifty pounds thirty-five pounds sixty pounds sixty pounds (2) The Governor in Council by Order in Council may from time to time amend subsection (1) of this section by- (a) varying the number of pounds weight stated therein in relation to any produce mentioned therein;

Weights and Measures Acts Amendment Act of 1965, No. 36 467 (b) adding any produce to the list of produce mentioned therein and stating in relation to any produce so added a number of pounds weight, and the said subsection as so amended shall become and be subsection (1) of this section for the time being." 5. Amendment of s. 17A (2). Subsection (2) of section 17A of the Principal Act is amended by omitting the word " Organisation " where it appears three times and inserting respectively in its stead the word " Commission ". 6. Amendments of s. 178. Section 17n of the Principal Act is amended- (a) in subsection (2) by omitting the word " Organisation " and inserting in its stead the word " Commission "; (b) in subsection (3) by omitting the word " Organisation " where it appears four times and inserting respectively in its stead the word Commission "; (c) in subsection (4) by omitting the word " Organisation " where it appears four times and inserting respectively in its stead the word " Commission "; (d) in subsection (5) by omitting the word " Organisation " where it appears three times and inserting respectively in its stead the word " Commission "; (e) in subsection (6) by omitting the word " Organisation " where it appears twice and inserting respectively in its stead the word " Commission "; (f) in subsection (7) by omitting the word " Organisation " where it appears twice and inserting respectively in its stead the word " Commission "; and (g) in subsection (9) by omitting the word " Organisation " and inserting in its stead the word " Commission ". 7. Repeal of s. 32. Section thirty-two of the Principal Act is hereby repealed. 8. Amendments of s. 41 (1). Subsection (1) of section forty-one of the Principal Act is amended by- (a) omitting paragraph (i) and inserting in its stead the following paragraph:- " (i) Which, in the case of a weight or measure, is not of the denomination of some unit, or of some part or multiple of some unit, of measurement of a physical quantity prescribed under the Commonwealth Act;"; (b) adding the following proviso:- "Provided further that in any case referred to in paragraph (i) of this subsection it shall be a defence to prove that any such weight or measure was used or in possession for trade solely in connection with the exportation from, or the importation into, Queensland of articles to or, as the case may be, from a country outside Australia where units of measurement other than Commonwealth legal units of measurement are used."

468 Weights and Measures Acts Amendment Art of 1965. No. 36 9. Amendment of s. 44. Section forty-four of the Principal Act is amended by inserting after subsection (10) the following subsection:- -(11) (a) Notwithstanding section seven or twenty-three of "The Criminal Code," or any other Act or law, or any rule or practice of law, where any person commits an offence against this Act as an agent or employee, the principal or employer of such person shall be deemed to have taken part in committing the offence, and to be guilty of the offence, and may be charged with actually committing it. It shall be immaterial that the offence was committed without the authority or contrary to the instructions of the principal or employer but it shall be a defence for the principal or employer to prove that he had no knowledge of the commission of the offerce and could not by the exercise of due diligence have known of its commission. (b) This section applies so as not to prejudice any liability imposed under this Act upon any person by whom any offence against this Act is actually committed." 10. Amendment of s. 52 . Section fifty-two of the Principal Act is amended by omitting subsection (3). 11. Repeal of First Schedule . The Principal Act is amended by repealing the First Schedule. 12. Repeal of Second Schedule . The Principal Act is amended by repealing the Second Schedule.