EXPLANATORY STATEMENT
Issued by the Chief Metrologist
National Measurement Act 1960
National Measurement Amendment Guidelines 2009 (No. 1)
The principal objects of the National Measurement Act 1960 (the Act) are to:
- establish a national system of units and standards of measurement of physical quantities;
- provide for the uniform use of those uniform units and standards of measurement throughout Australia;
- co-ordinate the operation of the national system of measurement;
- provide for a system of verification of utility meters used for trade; and
- provide the legal framework for a national system of trade measurement.
Section 7B of the Act provides that the Chief Metrologist of the National Measurement Institute may make guidelines governing the way in which Australian legal units of measurement may be combined to produce further Australian legal units of measurement, and the way in which Australia legal units of measurement may be combined with a prefix for the purposes of section 7A(3) of the Act.
The purpose of the Guidelines is to amend the Principal Guidelines to enable Australian legal units of measurement to be formed for the additional physical quantities of conductivity (electrical and thermal) and kerma rate.
The necessity to be able to form further Australian legal units of measurement for these physical quantities has emerged from the National Measurement Institute’s interactions with stakeholders using the facilities of the Act and its subordinate legislation to facilitate their own functions and objectives. These stakeholders include in particular the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).
Details of the Guidelines are set out in the Attachment.
The Guidelines are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Sections 4, 17 and 18 of the Legislative Instruments Act 2003 require details of consultation undertaken to be provided in the Explanatory Statement accompanying such instruments or their exemption from it. In the case of this legislative instrument, as only minor adjustments are being made, there is no change in regulatory policy and no new fee items introduced. In these circumstances, it is not appropriate to engage business in a consultation process.
The Guidelines will commence on 1 July 2009.
ATTACHMENT
Details of the National Measurement Amendment Guidelines 2009 (No. 1)
Clause 1 – Name of Guidelines
This specifies the name of the Guidelines as the National Measurement Amendment Guidelines 2009 (No. 1).
Clause 2 - Commencement
Regulation 2 provides that the Guidelines commence on 1 July 2009.
Clause 3 – Amendment of National Measurement Guidelines 1999
This provides that Schedule 1 amends the National Measurement Guidelines 1999 (the Principal Guidelines).
Schedule 1 – Amendments
Item 1 – Section 5, Physical quantities, provision for Australian legal units of measurement to be formed for the physical quantity ‘conductivity (electrical and thermal)’.
This item enables Australian legal units of measurement to be formed for the physical quantity ‘conductivity’ and in particular it enables Australian legal units of measurement to be formed for both electrical and thermal conductivity. The addition of the facility to form Australian legal units of measurement for ‘conductivity’ will ensure that the national measurement legislation provides for the formation of Australian legal units of measurement for all physical quantities commonly used in science and technology.
Item 2 – Section 5, Physical quantities, provision for Australian legal units of measurement to be formed for the physical quantity ‘kerma rate’.
This item enables Australian legal units of measurement to be formed for the physical quantity ‘kerma rate’ as international scientific practice regards ‘kerma rate’ as a more appropriate unit for the measurement and expression of energy release in to a medium through ionising radiation than the unit ‘kerma’.
Overview
The National Measurement Act 1960, enacted by the Commonwealth Parliament, establishes a unified system of units and standards of measurement across Australia, ensuring the uniform use of these standards and facilitating a coordinated national system of measurement. It also mandates a verification system for utility meters used for trade, thereby providing a legal framework for a national system of trade measurement. The Act was introduced to address the need for a cohesive and regulated approach to measurement standards across the nation. The National Measurement Amendment Guidelines 2009 (No. 1) further refine the Act by enabling the formation of Australian legal units of measurement for additional physical quantities, specifically conductivity (electrical and thermal) and kerma rate, to better align with scientific practices and facilitate interactions between the National Measurement Institute and stakeholders such as the Australian Radiation Protection and Nuclear Safety Agency. These amendments aim to enhance the applicability and relevance of the national measurement system in contemporary scientific and technological contexts.
Scope and Application
The National Measurement Act 1960, as amended by the National Measurement Amendment Guidelines 2009 (No. 1), pertains to the establishment and maintenance of a national system of units and standards of measurement for various physical quantities in Australia. This Act applies to all persons, entities, and industries within Australia, ensuring uniformity in the use of measurement standards and facilitating a national system of trade measurement. The Act's jurisdiction extends across the Commonwealth, including all states and territories, thereby ensuring consistent measurement practices throughout the nation. The Act allows for the formation of Australian legal units of measurement for specified physical quantities such as conductivity (electrical and thermal) and kerma rate, which were previously not covered under the Act's principal guidelines. The Guidelines themselves, which amend the National Measurement Guidelines 1999, commenced on 1 July 2009, and they do not introduce any new fees or regulatory policies, thereby avoiding the need for additional consultation processes.
Key Provisions
The National Measurement Amendment Guidelines 2009 (No. 1) (the Guidelines) amend the National Measurement Guidelines 1999 (the Principal Guidelines) to provide for the formation of Australian legal units of measurement for the physical quantities of conductivity (both electrical and thermal) and kerma rate (section 5). These amendments respond to the needs of stakeholders, particularly the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), who require these additional units to support their functions and objectives. The Guidelines specify that these units can now be legally used and recognised in Australia, facilitating the uniform use of measurement standards across the country.
The Guidelines impose obligations on parties who wish to use these newly formed Australian legal units of measurement. They must adhere to the provisions set out in the amended Principal Guidelines, ensuring that their usage of these units is compliant with the national system of measurement. This includes ensuring that any units formed are consistent with international scientific practice and are accurately represented in all trade and commercial activities. Compliance with these guidelines is essential for maintaining the integrity of the national measurement system and ensuring that all stakeholders are operating under a unified standard.
Failure to comply with the provisions of the Guidelines can result in legal consequences. While the Explanatory Statement does not specify the exact penalties, breaches of the National Measurement Act 1960 (the Act) can lead to civil or criminal penalties, depending on the severity of the offence. For instance, misleading or deceptive conduct in relation to measurements can result in fines and, in more severe cases, imprisonment. The Act provides for penalties that reflect the importance of maintaining accurate and reliable measurement standards across Australia.
In summary, the National Measurement Amendment Guidelines 2009 (No. 1) introduce significant changes by enabling the formation of Australian legal units of measurement for conductivity and kerma rate. These amendments are designed to meet the needs of stakeholders in scientific and technological fields, ensuring that the national measurement system remains robust and comprehensive. Compliance with these Guidelines is mandatory for all parties involved in trade and measurement activities, with potential legal repercussions for non-compliance.