Weights and Measures (Amendment) Act 1975 (NSW)
| W EIG H TS A N D M E A SU R E S | (A M E N D M E N T ) | A C T . |
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Act N o. 9 3 ,1 9 7 5 .
An Act to amend the Weights and Measures Act, 1915, to make further provisions relating to the packing, labelling and sale of articles, to increase certain penalties, and for certain other purposes. [Assented to, 10th December, 1975.1
BE
Weights and Measures {Amendment).
"DE i t enacted by the Queen’s Most Excellent Majesty, by No. 93, 1975
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. This Act may be cited as the “Weights and Measures Short title.
(Amendment) Act, 1975”.
| 2 . | (1 ) | Except as provided in subsection | (2 ) , this A c t Commcnce- |
meat.
shall commence on the date of assist to this AoL
| (2 ) | Sections 5, 6 and 7 shall commence on such day |
or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3. The Weights and Measures Act, 1915, is, in this Act, Principal
referred to as the Principal Act.
| 4. | The Principal Act is amended— | Amendment of Act No. to, 1915. |
| (a) | by inserting at the end of section 6 the following Sec. 6. | |
|
(2 ) A reference in this Act to the weight of any substance or thing includes a reference to its mass.
| (b) | by omitting from section 16 the words “of two Sec. 16. |
hundred dollars” and by inserting instead the words
|
P 91375— 37
Weights and Measures (Amendment).
| No. 93, 1975 | (c) | by inserting after section 22 the following section :—• |
| Sec. 22a. |
| Construc | 22a. a reference in this Part to the weight or |
| tion of |
| references | measure or the true weight or measure of an article |
| to weight | shall, in respect of an article of a description |
| or measure | |
| in certain | prescribed for the purposes of this section or such an article in a state or condition so prescribed, be construed as a reference to a weight or measure ascertained in relation to that article by such method or under such conditions, or both, as is or are prescribed. |
| Sec. 29c. | (d ) | by omitting section 29c (4 ) ; |
| (Certain articles to be packed and sold only in certain denomina tions.) | ||
| Sec. 29d. | (e) | (i) by inserting after section 29d (4 ) the following |
| (Packages, |
| etc., to be | subsections :— |
| marked | |
| with |
| particulars | (4a) a statement of purported weight or |
| of the |
| quantity | measure required by subsection (1 ) or (3 ) |
| of the | to be marked on a package containing an |
| articles | |
| contained | article shall be deemed to be so marked if, |
| therein.) | where the regulations so permit, the statement of the purported weight or measure marked on the package is expressed in terms of— |
(a) a minimum weight or measure; or
| (b) | 2 statements of weight or measure between which the weight or measure of the article purportedly falls. |
(4b )
Weights and Measures (Amendment).
| (4b ) | When | No. 93, 1975 |
| (a) | pursuant to regulations made for the purposes of subsection (4a ) , a package containing an article is marked with a statement expressed in terms of a minimum weight or measure; |
| (b) | a person sells that article at a stated price per unit of weight or measure; and |
| (c) | the price charged for the article exceeds the price correctly computed from that stated price per unit of weight or measure and the statement of the purported weight or measure so expressed, |
that person shall be guilty of an offence against
this Act.
(ii) by omitting section 29d (5 );
| (f) | by inserting after section 29d the following sec- Sec. 29da. |
tion :—
| 29da. (1) A person shall not— | Free space, cavities and |
| recesses in packages. |
| (a) | pack, as a pre-packed article, an article in a package of any description to which this section applies; or |
| (b) | sell an article that is pre-packed in a package of any description to which this section applies. |
if
Weights and Measures (Amendment).
| N#. 93, 1975 | if— |
| (c) | in the package containing the article, there |
is any free space and the proportion that that free space bears to the capacity of the package exceeds such proportion as may be prescribed in relation to that article for the purposes of this paragraph; or
(d) wdiere—
(i) any part of the package forms or contains a cavity, the volume of which is not part of the capacity of the package; or
(ii) the bottom of the package forms or contains a recess (not being a recess the volume of which is part of the capacity of the package, and not being a recess that is created because of the shape of the article in the package),
and the volume of the cavity or recess, or the total volume of all such cavities and recesses, bears to the volume of the article in the package a proportion that exceeds such proportion as may be prescribed in relation to that article for the purposes of this paragraph.
(2 ) A regulation made for the purposes
of this section, in so far as that regulation—
(a) prescribes a description; or
| (b) | prescribes a proportion or decreases, or has the effect of decreasing, a proportion so prescribed, |
shall
Weights and Measures (^Amendment).
shall take effect, and shall be expressed so as to No. 93,1975
take effect, on a day that is not earlier than 6
months after the day on which that regulation is
published in the Gazette.
| (3 ) | The regulations may provide, for the |
purposes of this section—
| (a) | that prescribed parts, things, materials or substances of or in, or attached to, packages in relation to all articles, or articles of a prescribed description, shall or shall not be regarded as part of the packages; |
| (b) | that the volume of a prescribed article shall be a volume ascertained as prescribed; and |
| (c) | that the capacity of a prescribed package shall be ascertained as prescribed, |
and a reference in this section—
| (d) | to a package shall be taken to be a reference to that package having regard to, or dis regarding, as the case may be, the parts, things, materials or substances prescribed for the purposes of paragraph (a) in relation to that package; | |
| (e) | to the volume of a prescribed article shall be taken to be a reference to that volume ascertained as prescribed for the purposes of paragraph (b ) in relation to that article; and | |
| (f) | to the capacity of a prescribed package shall be taken to be a reference to that capacity ascertained as prescribed for the purposes of | |
|
(4)
Weights and Measures (Amendment).
| No. 93, 1975 | (4 ) | A regulation made for the purposes |
of subsection (3 ) (b) may—
(a) provide that space—
(i) surrounding a prescribed article;
(ii) within a prescribed article; and
(iii) where a prescribed article is com posed of separate parts or particles, between those parts or particles,
shall be regarded as part of the volume of
that article; and
| (b) | provide that the volume of a prescribed article shall be ascertained as prescribed at— |
(i) the place of packing;
(ii) the place of sale; or
(iii) some other prescribed place.
(5 ) A regulation made for the purposes of subsection (3 ) (c ) may provide that prescribed spaces within or created by the design or shape of a prescribed package shall or shall not be regarded as part of the capacity of that package.
(6 ) In this section, “free space” means, in relation to a package, the difference between the capacity of the package and the volume of the article contained in the package.
(7 ) This section applies to packages of
such descriptions as may be prescribed.
(g )
Weights and Measures {Amendment).
| (g ) | ( i ) | by inserting after section 29g (4 ) the following No. 93,1975 s u b s e c t i o n S e c . 79a |
(Short
weight or
measure of
( 4 a ) Where a package containing an article prepacked
is marked with a statement permitted by
regulations made for the purposes of—
| (a) | section 29d (4a) (a), the minimum weight or measure referred to in that statement is, for the purposes of this section, a weight or measure of that article marked on that package; or |
| (b) | section 29d (4a) (b), the lower of the 2 statements of weight or measure referred to in that statement is, for the purposes of this section, a weight or measure of that article marked on that package and the higher of those 2 statements shall be disregarded. |
(ii) by omitting section 29g (5) (b) and by inserting instead the following paragraph :—
| (b) | a statement of the price of the article— |
(i) is marked on the package containing the article;
1 ( ii) is exhibited on or near a receptaele in which the article is contained; or
|
(hi)
Weights and Measures (^Amendment).
| N*. 93, 1975 | (iii) | by omitting from section 29g (5) the words “the person who marked the package with the statement of price and the person who sold the article, are each guilty of an offence against this Act.” and by inserting instead the following words ;— |
any person—
| (d) | who marked, exhibited or displayed | ||||
|
paragraph ( b ) ; or
(e ) who sells the article,
is guilty of an offence against this Act.
(iv) by omitting from section 29c (7) the words “four hundred dollars” and by inserting instead the matter “$500” ;
(v) by omitting from section 29g (9) (b) (ii) (b) the words “more than five” and by inserting instead the words “not less than five” ;
(vi) by omitting from section 29g (9) (b) (iii) the words “more than five” and by inserting instead the words “not less than five” ;
| Sec. 29j . | (h) (i) by inserting in section 29J (3) (a) after the |
| (Prohibition |
| and restric | words “marked on every” the words “panel or |
| tion of use | other” ; |
| of certain | |
| expressions |
| on pack | (ii) by inserting in section 29j (3) (b) after the |
| ages.) | words “that statement are” the words “marked on the same panel of the package or” ; |
(iii) by inserting in the definition of “restricted
| - ; | expression” in section 29J (4) after the words |
| . | “containing the article” the words “or of the whole contents of that package” ; |
(iv)
Weights and Measures {Amendment).
(iv) by inserting in the definition of “restricted No. 93, 1975
| ||
| “this section” the words “if that expression is used in a prescribed manner’ |
(i) by inserting in section 29o (3) after the matter Sec. 29o. “29d,” the words “section 29da (subsection (1 ) (Defences.)
| ||
| ( j ) | (i) by omitting from section 29r (1 ) ( i) ( i ) thesec.29R . |
| word “and” where secondly occurring; | ^Regula tions.) |
(ii) by inserting after section 29r (1) (i) (i) the following subparagraph :—
(ia) packages of any description prescribed by or referred to in the regulations; and;
(iii) by omitting from section 29r (1) (1) the word “and” where thirdly occurring;
(iv) by inserting after section 29r (1) (1) the
|
(11) prohibiting or restricting the sale of articles when, in relation to the packing of the articles or the marking of the packages in which they are contained, the provisions of regulations made under paragraph (1) have not been complied with; and;
(v) by omitting from section 29r (2) the words “one hundred dollars” and by inserting instead
|
( k )
Weights and Measures (Amendment).
| No. 93, 1975 | (k) | by omitting from section 39 (e) the words “one |
| Sec. 39. | hundred dollars” and by inserting instead the | |
| (Regula | matter “$200”; | |
| tions.) |
| Sec. 44. | (l) by omitting from section 44 the words “two |
| (Penalties.) | hundred dollars for a first offence or four hundred dollars for a second or subsequent offence” and by inserting instead the matter “$500” ; |
| Sec. 57. | (m ) by omitting from section 57 (1 ) (s) the words |
| (Regula | “one hundred dollars” and by inserting instead the |
| tions.) | matter “$200”. |
| Further | 5. | The Principal Act is further amended by omitting |
| amend |
| ment of | from section 28 the words “and shall at the request of the |
| Act No. 10, | purchaser weigh or measure the article in the presence of |
| 1915. | |
| Sec. 28. | the purchaser.” and by inserting instead the following |
| (Provision | words :— |
| for | |
| weighing |
| or | and, if the article— |
| measuring.) |
| (a) | is a pre-packed article, shall, if the purchaser so requests; or |
| (b) | is not a pre-packed article, shall, whether or not the purchaser so requests, |
weigh or measure the article in the presence of the
purchaser.
| Further | 6. | The Principal Act is further amended— |
| amend ment of Act No. 10, | ||
| 1915. |
| Sec. 29b . | (a) by inserting after section 29b (7 ) the following |
| (Name, |
| etc., of | subsection :— |
| packer to | |
| be marked |
| on | (7a) a person shall not— |
| packages.) | (a) pack an article as a pre-packed article; or |
(b)
Weights and Measures {Amendment).
| (b) sell a pre-packed article, | No. 93, 1975 |
if the package in which that article is contained is marked with particulars that are likely to give rise to a doubt as to whether or not a name and address marked on that package is a name and address marked on that package pursuant to subsection (1).
| (b) | by omitting from section 29o (3) the words Sec. 29o. “subsection two of section 29b” and by inserting (Defences.) instead the words “section 29b (2 ) or (7 a) (paragraph (a ) excepted)”. |
7. The Principal Act is further amended by omitting Further
from the definition of “prohibited expression” in section 29j
(4 ) the words “includes any expression declared by the Act No. 10,
regulations to be a prohibited expression for the purposes of
this section” and by inserting instead the following words :— (Prohibition
and
| includes— | restric tion of use of certain |
| (a) | any statement that relates to or touches on the expressions weight or measure of a component or an packages.) ingredient of the article or of a source from |
which the article is derived, if the truth of the statement cannot be tested by any process applied to the article; and
| (b) | any expression that is declared by the regulations to be a prohibited expression for the purposes of this section if that expression is used in a prescribed manner. |
GOVERNOR’S
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