Weights and Measures Amendment Regulations 2003 (WA)

1 April 2003	GOVERNMENT GAZETTE, WA	1003
— PART 1 —

CONSUMER AND EMPLOYMENT PROTECTION

CE301*

Weights and Measures Act 1915

Weights and Measures Amendment

Regulations 2003

Made by the Governor in Executive Council.

1.             Citation

These regulations may be cited as the Weights and Measures
Amendment Regulations 2003.

2.             The regulations amended

The amendments in these regulations are to the Weights and
Measures Regulations 1927*.

[* Reprinted as at 4 October 2002.

For amendments to 6 March 2003 see Gazette

1 November 2002 (correction).]

3.	Part XC inserted After Part XB the following Part is inserted —
“

Part XC — Regulation of sale of fuel by

reference to volume

1. Definitions
In this Part —
“business entity” means an entity that operates a

business other than a fuel business;

“cooperative entity” includes an entity that is a

buying group for its members;

“diesel fuel” means any fuel commonly known as

diesel, diesel oil, distillate, automotive diesel fuel,
automotive diesel oil or automotive distillate;

1004 GOVERNMENT GAZETTE, WA 1 April 2003

“fixed storage facility” means a facility, other than a primary storage facility, at which fuel is unloaded and from which fuel is reloaded for further

distribution or further sale and distribution;

“fuel” means petrol, or diesel fuel, that a person would

reasonably consider is ultimately intended for

automotive consumption;

“primary storage facility” means —

(a)	an oil refinery;
(b)	a shipping facility;
(c)	a facility connected by product transfer pipeline to an oil refinery or to a shipping facility; or
(d)	a facility connected by product transfer paragraph (c);

“retail sale”, in relation to fuel, means a sale to —

(a)	an entity that purchases the fuel only for its own consumption;
(b)	a business entity that purchases the fuel only —
(i) for its own consumption;

(ii)      for resale to its staff or contractors for consumption by the purchasing staff or contractors; or

(iii)      for each of the purposes mentioned in subparagraphs (i) and (ii);

or

(c) a cooperative entity that purchases the fuel only for resale to its members for consumption by the purchasing members;

“shipping facility” means a facility where fuel may be

supplied by ship.

2.             Regulation of sale of fuel by reference to volume

(1)	Subject to subregulation (2), a person must not sell fuel by reference to the measurement of its volume unless the sale is at a price determined by reference to the volume of the fuel as measured by the litres the fuel occupies, or would occupy, at a temperature of 15 oC.
Penalty: $200.
(2)	Subregulation (1) does not apply to —

(a) a retail sale of fuel;

1 April 2003 GOVERNMENT GAZETTE, WA 1005

(b) a wholesale sale of fuel if —

(i)      the wholesale sale happens immediately before, or at the same time as, a retail sale of the fuel; and

(ii)      the volume of the fuel, as measured for the wholesale sale, is the same as the volume of the fuel as measured for the retail sale;

(c) a wholesale sale of fuel if —

(i)      before the wholesale sale, the fuel —

(I)	was moved, in any way, from a primary storage facility to a fixed storage facility at another location; and
(II)	was unloaded into the fixed storage facility for further distribution or for further sale and distribution;

and

(ii)      for the purposes of the movement, the fuel was measured by reference to the volume of the fuel as measured by the litres the fuel occupies, or would

occupy, at a temperature of 15 oC;

(d) a wholesale sale of fuel (the “relevant sale”) if —

(i)      the relevant sale happens immediately before or after, or at the same time as, another wholesale sale of the fuel; and

(ii)      before the relevant sale, the fuel —

(I)	was moved, in any way, from a primary storage facility to a fixed storage facility at another location; and
(II)	was unloaded into the fixed storage facility for further distribution or for further sale and distribution;

or

(e) a wholesale sale of fuel if —

(i)      before the wholesale sale, the fuel —

(I)	was moved, in any way, from a primary storage facility to a fixed storage facility at another location; and
(II)	was unloaded into the fixed storage facility for further

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distribution or for further sale

and distribution;

and

(ii)      after the fuel was at the primary facility but before the wholesale sale, the fuel was not the subject of another sale.

”.

4.             Part XI amended

Part XI regulation 11 is amended by deleting “Any” and inserting instead —

“ Except as provided in regulation 2(1) of Part XC, any ”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.