Weights and Measures (Amendment) Act 1956 (NSW)
WEIGHTS AND MEASURES (AMENDMENT) ACT.
Act No. 39, 1956.
An Act to amend the law relating to weights Elizabeth ii,
and measures; for this purpose to amend the Weights and Measures Act, 1915, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 9th November, 1956.]
BE
340 Weights and Measures (Amendment) Act.
No. 39, 1956. T )E it enacted by the Queen's Most Excellent Majesty,
•D by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
| Sliort title | 1. (1) This Act may be cited as the “ Weights and (2) The IVeights and Measures Act, 1915, as amended by subsequent Acts and by this Act, may li3 cited as the "Weights and Measures Act, 1915-1956. |
| citation. | Measures (Amendment) Act, 1956.” |
| Amendment |
and
| of Act Xo. | 2 . The Weights and Measures Act, 1915, as amended |
| 10,1915. | by subsequent Acts, is amended— |
| Sec. 25 (2 ). | (a) (i) by inserting in subsection two of section |
| (Invoices | twenty-five after the words “ showing tlie” |
| and | |
| delivery | the word “ correct” ; |
| notes.) |
| Sec. 25 (3). | (ii) bj' omitting from subsection three of the |
| goods to |
| (Package of | same section the words “ or expose” and by |
| have TTciglit | inserting in lieu thereof the words “ , |
| printed | |
| or measure | expose or keep” ; |
| thereon.) |
(iii) by omitting from the same subsection the word “ enclosed” ;
(iv) ]>y inserting in the same subsection after the words “ unless the” the word “ correct” ;
(v) by omitting from paragraph (b) of subsec tion four of the same section the woi-d “ exposed” and by inserting in lieu thereof the words “ offered, exposed or kept” ;
| XTcw sec. | (b) by inserting next after section twenty-five the |
| 25a. | following new section:— |
| Guarantee, | 25.A. (1) Where any person is prosecuted for a contravention of subsection three of section twenty-five of this Act he shall not be convicted for such contravention bj" reason only of the fact that the net weight or measure legibly Avritten or printed upon the outside of the package |
| ivhen a | |
| defence. |
referred
| Weights and Measures (Amendment) Act. | 341 |
referred to in the charge against him, or upon No. 39, 1956.
a label firmly attached to that package, was not
the correct net weight or measure of the article
in the package if he proves—■
(a) (i) that—
| (a) | the net weight or measure so written or printed was so written or printed before ho purchased the article; and |
| (b) | he has received from the person from whom he pur chased the article or that person’s duly authorised agent a guarantee in writing that the net weight or measure so written or printed is the correct net weight or measure of the article; or |
(ii) that—
|
| person’s | duly | authorised |
agent a guarantee in writing that the net weight or measure
of
342 Weights and Measures (Amendment) Act.
| Ko. 39, 1956. | of the article stated in the invoice or delivery note that relates to the article and was received by him from that person, is the correct net weight or measure of the article; |
| (b) | that he had no reason to believe that the net weight or measure so written or printed was not the correct net weight or measure of such article; and |
| (c) | that when he sold or offered, exposed or kept for sale, as the case may be, the article in the package the article Avas in the same state as Avhen ho received it, |
sul)ject hoAvever to the folloAving conditions:—•
(i) The person giving the guarantee must be resident in N oav South Wales, or, if a company, must ha\m a registered office in New South Wales, or, if a firm, must have a place of business in New South Wales.
(ii) The guarantee must state the name and tlie place of business of the guarantor, and the name under Avhich he trades.
(iii) A guarantee may be general or specific.
(iv) A general guarantee shall apply to any article of the description of articles or included in a class of articles named in the guarantee.
(v) A specific guarantee shall apply to specific articles and shall refer to an invoice or delivery note describing the articles and the net Avcight or measure of the articles.
(vi)
| Weights and Measures (Amendment) Act. | 343 |
| (vi) A guarantee, general or specific, shall not be available as a defence unless the defendant has, within seven days after service of the summons, sent to the in formant a copy of the guarantee with a written notice stating that he intends to roly on it as a defence, and specifying the name and place of business of the person giving the guarantee, and the name under which he trades, and has also sent a like notice of his intention to the person giving the guarantee. | 3̂ 1956. |
The person by whom any guarantee is alleged to have l)een given under this section shall be entitled to offer evidence at the hearing, and the court may, if it thinks fit, adjourn the hearing to enable him to do so.
The form of any guarantee under this section may he prescribed.
(2) Any person who gives any such guarantee Avhich is false shall, in addition to any other penalty to which ho may be liable under this Act, be guilty of au offence against this Act, unless he proves that when he gave the guarantee he had reasonable grounds for believing and did in fact believe that the state ments contained therein were true.
A prosecution of any person for an offence under this subsection may be commenced at any time after the giving of such guarantee notwith standing any limit of time prescribed by any Act for instituting prosecutions.
| (c) | by omitting section twenty-six and by inserting subst. in lieu thereof the following section:— |
26. Where an article is sold by wholesale and Wholesalers
a statement of the net weight or measure of the
article is written or printed on the package in statements
which it is sold or upon a label firmly attached
thereto measure.
344 Weights and Measures (Amendment) Act.
| No. 39, 1956. | thereto or is contained in the invoice or delivery note given by the seller to the purchaser of the article, and the net weight or measure so written, printed or contained is not the correct net weight or measure of the article, the seller of the article shall be guilty of an offence against this Act. |
| Sec. 27. | (d) by omitting from subsection one of section |
| (Provision |
| for | twenty-seven the words “ or exposes” and by |
| weighing | inserting in lieu thereof the words “ , exposes |
| or | |
| measuring.) | or keeps ’ ’; |
| Sec.39. | (e) by omitting from paragraph (e) of section |
| (Begula- |
| tions.) ■ | thirty-nine the word “ ten” and by inserting in lieu thereof the word “ twenty” ; |
| Subst. | (f) by omitting section forty-one and by inserting in |
| sec. 41. | lieu thereof the following section:— |
| Inspection | 41. (1) Any inspector may at all reasonable |
| of articles |
| in packages. | times— |
| (a) | enter any building or place where any article is bought or sold or packed, offered, exposed or kept for sale or delivered in the course of a sale; |
| (b) | stop and inspect any vehicle, or inspect any pack, basket, or other receptacle and any article therein offered, exposed or kept for sale or any article carried for delivery in the course of a sale; |
and may inspect and weigh or measure or cause to be weighed or measured any such article for the purpose of ascertaining whether or not tlie provisions of this Act or the regulations are being or have been complied Avith.
| ' | ( 2 ) |
| Weights and Measures (Amendment) Act. | 345 |
| (2) Any article in respect of wliidi a contravention of or an offence against this Act has been committed may be seized by an inspector. | No. 39, 1956. |
| (g) |
by omitting from section forty-four the word Sin-41. word “ fifty” ;
(li) by omitting from paragraph (s) of section seo 57. fifty-seven the word “ ten” and by inserting in nasuin-
|
3 . (1) The Weights and Measures Act, 1915, as Fuitiier
| amended by subsequent Acts, is further amended— | ot"' |
| 40 , 1915 . ’ |
(a) (i) by omitting from the proviso to sectionsor.il.
| eleven the words “ in Schedule A ” ; | (Snperin- |
| . | . | . | tciulent or iii.spector |
(ii) by inserting next after the same proviso the derive
| ||
| Provided further that an inspector may, "Vight” or on payment to him of the prescribed fee, mewures.) adjust any weight or measure submitted to | ||
| him for standai’disation so that it corre sponds with the appropriate departmental or local standard. |
| (b) | by omitting from section thirty-four the words scc. 34. | |
|
verify ill"
ami
stamping.)
(c) (i) by inserting in paragraph (jl) of section se,. 57.
fifty-seven after the word “ stamping” the ("Rcguia-
| words “ weights and measures and weighing | ) |
| and” ; |
(ii)
| S46 | Broken Hill Water and Sewerage (Amendment) Act. |
| No. 39, 1956. | ( i i j | jjy inserting next after the same paragraph |
| the following new paragraph:— |
(j2) Prescribing fees chargeable for
adjusting—
(i) any weight submitted to an inspector for verification; and
(ii) any weight or measure submitted to an inspector for standardisation.
| Schedules | (d) by omitting Schedules A and D. |
A and D.
(2) The amendments made by subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
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