National Measurement (Patterns of Instruments) Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES 1986 NO 370

NATIONAL MEASUREMENT ACT 1960

NATIONAL MEASUREMENT (PATTERNS OF INSTRUMENTS) REGULATIONS (AMENDMENT)

Sub-section 19A(1) of the National Measurement Act 1960 (“the Act”) provides that regulations under the Act may make provision for or in relation to -

(a) the examination of patterns of instruments;

(b) the approval of patterns of instruments as patterns of instruments suitable for use for trade;

(c) the issuing of certificates in respect of the approval of patterns of instruments; and

(d) the reception in evidence of a document purporting to be such a certificate and the admissibility of the matters certified to as evidence.

Sub-section 19A(2) of the Act provides that the regulations made under sub-section 19A(1) may provide that -

(a) examinations may be carried out;

(b) approvals may be given; and

(c) certificates may be issued,

by the Commission or, on behalf of the Commission, by a department of State of the Commonwealth, a body corporate established by an Act or any other person.

Sub-section 19A(5) of the Act provides that the regulations made for the purposes of sub-section (1) may provide for the specification in a certificate referred to in paragraph 1(c) of an amount of error that may be tolerated in instruments of the same kind as the instruments in respect of the pattern of which the certificate is issued.

Sub-section 19A(6) of the Act provides that the National Standards Commission (“the Commission”) may, after consultation by it with appropriate State authorities, make recommendations to the Minister with respect to any regulations to be made, after the commencement of this sub-section, for the purposes of sub-section (1).

Sub-section 19A(7) of the Act provides that before making regulations for the purposes of sub-section (1), being regulations that are made after the commencement of sub-section (6), the Governor-General shall take into consideration any relevant recommendation made by the Commission under sub-section (6).

Regulation 6 of the National Measurement (Patterns of Instruments) Regulations (“the principal Regulations”) provides that the Commission may after examination, grant its approval in writing that the pattern of an instrument is suitable for use for trade.

Sub-Regulation 9(1) of the principal Regulations provides that where an approval has been granted by the Commission, a department of State of the Commonwealth, a body corporate or other person, under regulation 6 of the existing Regulations, the Commission, the department of State, body corporate or other person, as the case may be, shall issue or cause to be issued, a Certificate under this regulation in respect of the approval to the person who requested the examination and to such other person as it thinks fit.

Sub-regulation 9(3) of the principal Regulations provides for certain matters to be specified in a certificate issued under sub-regulation (1).

The National Measurement (Patterns of Instruments) Regulations (Amendment) (“the amending Regulations”) will amend the principal Regulations by amending sub-regulation 9(3) to require that any amount of error that may be tolerated in instruments of the same kind as the instrument in respect of the pattern of which the certificate under sub-regulation (1) is issued be specified in the certificate.

The Commission consulted with State authorities on the proposed amendment at the following Formal Conferences on Weights and Measures which are attended by the Commission, all the States and the Northern Territory:

Following this consultation the Commission made recommendations to the Minister for Science with respect to the regulations to be made to implement the proposal.

Details of the amending Regulations are as follows:

Regulation 1 amends Regulation 9 of the principal Regulations by:

(a) omitting from paragraph (3) (d) “and”; and

(b) adding a new paragraph (f) to requires that a certificate issued under sub-regulation (1) specify an amount of error that may be tolerated in instruments of the same kind as the instrument in respect of the pattern of which the certificate is issued.

(S.R.285/86) - Cat. No.