Weights and Measures (Amendment) Act 1969 (NSW)
WEIGHTS AND MEASURES (AMENDMENT)
ACT.
Males
ANNO OCTAVO DECIMO
ELIZABETHS II BEGINS
Act No. 46, 1969.
An Act to make further provisions with respect to the packing of certain articles; for this and other purposes to amend the Weights and Measures Act, 1915, as subsequently amended, and the Weights and Measures (Amendment) Act, 1968; and for purposes connected therewith. [Assented to, 17th April, 1969.]
BE
Weights and Measures {Amendment).
T JE it enacted by the Queen’s Most Excellent Majesty, by No. 46, 1969
| -D and with the advice and consent of the Legislative | ~ |
| Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as | |
| follows:— |
| 1. (1) This Act may be cited as the | ‘Weights and short title |
| Measures (Amendment) Act, 1969”. | and citation. |
| (2) | The Weights and Measures Act, 1915, as sub |
sequently amended and as amended by this Act, may be
cited as the Weights and Measures Act, 1915-1969.
| 2. The Weights and Measures (Amendment) Act, 1968, | Amendment of Act No. |
| is amended— | 12, 1968. |
| (a) | by omitting section 29b, as proposed to be inserted, | Sec. 3. |
| by subsection one of section three, in the Weights | (Further amendment | |
| and Measures Act, 1915, as subsequently amended, | of Act No. | |
| and by inserting in lieu thereof the following | 10, 1915.) | |
| section : — |
29b . (1) A person shall not, except as Name, etc.
prescribed, on or after the appointed day, pack an
article as a pre-packed article, unless the package marked on
in which the article is contained is marked— packages.
| (a) | where the article is packed for or on behalf of another person by a person who is not an employee of that other person and that other person has a prescribed address and— |
(i) is an individual—with the name and prescribed address of that individual;
(ii) is a corporation—with the name and prescribed address of that corpora tion; or
(iii)
Weights and Measures {Amendment).
| No. 46, 1969 | (iii) | is a firm trading under a registered business name—with that business name and the prescribed address of that firm, |
or instead of that name and address, with an approved brand approved for use by that other person; or
| (b) | in any case (whether or not in addition to any name and address or approved brand referred to in paragraph (a) of this sub section), where the person packing the article— |
(i) is an individual and he packs the article otherwise than as an employee of another person or as a member of a firm trading under a registered business name—with the name and prescribed address of that individual;
(ii) is an individual and he packs the article as an employee of another person—with the name and pre scribed address of that other person;
(iii) is a corporation—with the name and prescribed address of that corpora tion; or
(iv) is a member of a firm trading under a registered business name—with that business name and the pre scribed address of that firm,
or instead of that name and address, with an approved brand approved for use by that person or, where that person is an employee of another person by that other person,
and, where the regulations prescribe the manner of marking any such name or address or approved brand on the package, the package is so marked in that manner.
(2)
Weights and Measures (Amendment).
( 2 ) A person shall not, on or after the No. 46,1969
appointed day, sell a pre-packed article unless the package containing the article, where the packing was done within New South Wales, is marked as mentioned in subsection one of this section or, where the packing was done outside New South Wales but within the Commonwealth, is marked as prescribed by the equivalent legislation of the State or Territory of the Commonwealth in which the packing was done.
| (3) | Where an article is, for the purposes |
of subsection one of this section, marked with the name and address or approved brand of a person, that person shall, at the request of an inspector, state, in writing in or to the effect of the prescribed form (if any), to the inspector the name and address of the person (as referred to in that sub section) who packed it and the place at which it was packed.
| (4) | Where the person referred to in sub |
section three of this section—
| (a) | fails to furnish the statement required by that subsection within the prescribed time; or |
| (b) | purports to furnish such a statement and the statement is false or misleading in a material particular, |
he shall be guilty of an offence against this Act.
| (5) | Nothing in subsection two of this |
section prohibits the sale, pursuant to a permit under section 2 9 f of this Act, of an article to which the permit relates.
(6)
Weights and Measures {Amendment).
| No. 46, 1969 | (6) | Where an address is marked on a pack |
age for the purposes of subsection one of this section, the address shall include a reference to New South Wales.
(7) Any statement of a name and address marked on a package containing an article shall be deemed to have been marked on the package for the purposes of subsection one of this section unless the context in which the statement is made indicates the contrary.
(8) In this section—
“equivalent legislation” means the legislation oj the provision of the legislation of the State or Territory of the Commonwealth in which the packing was done which the Minister may, by order published in the Gazette, declare to be equivalent legislation for the purpose of this section;
“prescribed address”, in relation to a person,
means—
| (a) | where the person is an individual— the address of his sole or principal place of business in New South Wales; |
| (b) | where the person is a corporation— the address of that corporation’s registered office in New South Wales; or |
| (c) | where the person is a firm trading under a registered business name or a member of such a firm— the address of that firm’s sole or principal place of business in New South Wales. |
(b) by inserting in subsection one of section 29p , as section three, in the Weights and Measures Act, 1915, as subsequently amended, after the word
| Sec. | 29p . |
| (Approval | proposed to be inserted, by subsection one of |
| of brands.) |
“brand”
Weights and Measures {Amendment).
“brand” the words “comprised of letters or No. 46,1969
numerals or letters and numerals allocated by the
Superintendent and specified in the approval”.
| 3. (1) The Weights and Measures Act, 1915, | as Amendment |
of Act No.
| subsequently amended, is amended— | 10, 1915. |
| (a) | (i) |
| by inserting in subparagraph (i) of paragraph Sec. 29c. figures and letter “29h” the word, figures and me'asure of |
pre-packed
| letter “or 29i” ; | articles.) |
(ii) by omitting from paragraph (b) of subpara graph (ii) of paragraph (b) of the same subsection the word “and” and by inserting in lieu thereof the following word and new subparagraph :—
(iii) being an article of a description to which section 29i of this Act applies, is found by that inspector not to exceed the prescribed number, being more than five, of parts per centum of the stated weight of the article; and
(iii) by inserting in paragraph (a) of subsection ten of the same section after the figures and letter “29h” the word, figures and letter “or 29i” ;
(iv) by omitting from subparagraph (ii) of paragraph (b) of the same subsection the word “deficiency,” and by inserting in lieu thereof the following words and new paragraph :—•
deficiency; or
| (c) | where the articles are of a description to which section 29i of this Act applies —less than the weight of any of the articles as marked on any of the |
packages
Weights and Measures {Amendment).
| No. 46, 1969 | packages containing the articles or as stated in the guarantee relating to the deficient article, as the case may be, but to an extent not exceeding the | ||
| |||
| deficiency. |
| Sec. 29i. | (b) (i) by omitting from subsection one of section |
| (Articles | 29i the word “conditions” and by inserting |
| that may | |
| be marked | in lieu thereof the word “condition” ; |
| with their |
| weight at | (ii) by omitting from paragraph (a) of the same |
| standard |
| conditions.) | subsection the word “and”; |
(iii) by omitting from paragraph (b) of the same subsection the word “manner.” and by insert ing in lieu thereof the following words and new paragraph: —
manner; and
| (c) | where the regulations so require, there is marked on the package such a state ment as is referred to in paragraph (b) of subsection (2a) of this section. |
(iv) by omitting subsection two of the same section and by inserting in lieu thereof the following subsections : —
(2) Where—
| (a) | the true weight of an article of a description to which this section applies is found by an inspector to be less than the weight— |
(i) as marked on the package con taining the article;
(ii) as stated in any invoice or delivery note relating to the article, as referred to in para graph (b) of subsection two of section 29g of this Act; or
(iii)
Weights and Measures {Amendment).
(iii) as stated in any guarantee No. 46, 1969
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| article; and |
| (b) | there are not available five or more similar packages as referred to in subsection nine of that section, |
the true weight of the article shall, for the purposes of the application of that section to the article, be deemed to be equal to the weight, as so marked or as so stated, if any deficiency of weight of the article does not exceed the prescribed number of parts per centum of the weight, as so marked or as so stated.
(2a) The regulations may—
| (a) | generally, or in relation to an article of any particular description, or in relation to an article that is composed of two or more different materials, being an article of a description to which this section applies, prescribe and regulate the manner in which any deficiency mentioned in subsection two of this section, in paragraph (b) of subsection nine of section 29g of this Act or in subsection ten of that section shall be determined; and |
| (b) | generally, or in relation to an article of any particular description, being an article of a description to which this section applies, require that where a package containing an article is marked as mentioned in subsection one of this section, the package shall also be marked with a correct statement of the proportion by weight of the several types of material of which the article is composed. |
(c)
Weights and Measures {Amendment).
| No. 46, 1969 | (c) by inserting next after subsection three of section |
| Sec. 29o. | 29o the following new subsection :— |
| (Defences.) | |
| (3a) In proceedings in respect of an offence arising under paragraph (a) of subsection four of section 29b of this Act in respect of an article, it is a defence for the person charged to prove that he was unable to furnish the statement, as required by subsection three of that section, by reason of the fact that his name and address were or approved brand was marked on the package in which the article is contained without his knowledge or consent (whether express or implied). |
| Sec. 29q. | (d) by inserting next after paragraph (d) of section (d l) the fact that an article contained in a package is found exposed for sale or in possession of any person for sale is evidence that the person who packed that article in that package packed it for sale; |
| (Evidentiary | 29q the following new paragraphs :— |
| provisions.) |
(d2) a document purporting to be a statement furnished by a person under subsection three of section 29b of this Act shall be evidence of the matters stated in the document.
(2) The several provisions of subsection one of this section shall commence upon such day or days as may be appointed by the Governor in respect thereof and notified by proclamation published in the Gazette.
LIQUOR
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