National Measurement Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES 1986 No. 172

NATIONAL MEASUREMENT ACT 1960

NATIONAL MEASUREMENT REFUTATIONS (AMENDMENT)

Section 7 of the National Measurement Act 1960 (“the Act”) provides as follows:

“(1) The regulations may prescribe the Australian legal units of measurement of any physical quantity.

(2) Subject to sub-section (3), the Australian legal units of measurement of a physical quantity are the sole legal units of measurement of that physical quantity.

(3) The Regulations may prescribe units of measurement of any physical quantity to be additional legal units of measurement for use for a particular contract, dealing or other transaction or class of contracts, dealings or other transactions”.

Section 11 of the Act provides that where, for any legal purpose -

(a) it is necessary to convert a measurement of a physical quantity expressed in terms of one of the Australian legal units of measurement of that physical quantity to a measurement expressed in terms of another Australian legal unit of measurement; or

(b) it is necessary to convert a measurement of a physical quantity expressed in terms of a unit of measurement (not being an Australian legal unit of measurement) of that physical quantity to a measurement expressed in terms of one of the Australian legal units of measurement,

the prescribed conversion factors shall, where applicable, be used.

The National Measurement Regulations (Amendment) (“the amending Regulations”) amend the National Measurement Regulations (“the principal Regulations”) to:

(a) withdraw the units of measurement set out in attachment 1 as Australian legal units of measurement;

(b) reintroduce those units of measurement referred to in (a) which are in use in the technical industry sector as additional legal units of measurement for particular technical purposes. The units of measurement concerned and the purposes for which they are prescribed as additional legal units of measurement is set out in attachment 2;

(c) prescribe conversion factors for the purposes of section 11 of the Act.

Regulation 9 repeals regulation 84 of the principal Regulations and inserts new regulations 84 and 85. The existing regulation 84 prescribed an amount for the purposes of sub-section 18A(4) of the Act. Since section 18A of the Act has been repealed this provision is redundant. The new regulation 84 provides that new Schedules 33 and 34 specify conversion factors for the purposes of section 11 of the Act. New regulation 85 provides that the units of measurement specified in Schedule 35, being all the imperial units which are being withdrawn as legal units of measurement, are additional legal units of measurement for the purposes of futures contracts.

Regulation 10 omits items 13 to 21 (inclusive) and items 23 to 25 (inclusive) of Schedule 3 to the principal Regulations. The effect of this amendment is that the following units of measurement of mass cease to be Australian legal units of measurement:

Regulation 11 omits items 17 to 26 (inclusive) of Schedule 4 to the principal Regulations. The effect of this amendment is that the following units of measurement of volume cease to be Australian legal units of measurement:

Regulation 12 omits items 6 and 7 of Schedule 9 to the principal Regulations. The effect of this amendment is that the mile per hour and the foot per minute cease to be Australian legal units of measurement of velocity and speed.

Regulation 13 omits items 12 to 14 (inclusive) of Schedule 12 to the principal Regulations. The effect of this amendment is that the kilocalorie calorie and British thermal unit cease to be Australian legal units of measurement of work and energy.

Regulation 14 omits item 9 of Schedule 13 to the principal Regulations. The effect of this amendment is that the horsepower ceases to be an Australian legal unit of measurement of power.

Regulation 15 omits items 7 and 8 of Schedule 14 to the principal Regulations. The effect of this amendment is that the millibar and millimetre of mercury cease to be Australian legal units of measurement of pressure.

Regulation 16 omits Parts D, E, G, I, J and K of Schedule 31 to the principal Regulations and inserts a new Part G. Schedule 31 relates to permissible variation upon verification or reverification of certain subsidiary standards of measurement. Parts D, E, G, I, J and K prescribe permissible variations in respect of standards of measurement of:

(a) mass, that are not constructed of iron, expressed in terms of the Pound or Units (other then the grain) related to the Pound;

(b) mass expressed in terms of the grain;

(c) mass expressed in terms of units related to the grain;

(d) volume expressed in terms of the cubic yard or units related to the cubic yard;

(e) volume expressed in terms of the gallon or units (other than the fluid ounce, fluid drachm and minim) related to the gallon; and

(f) volume expressed in terms of the fluid ounce, fluid drachm or minim.

These parts are being omitted because they relate to imperial units of measurement which are being withdrawn as legal units of measurement by the proposed regulations. New part G relates to Standards of Measurement of Mass expressed in terms of the troy ounce and expresses the permissible variation in the metric unit, milligram.

Regulation 17 omits part B of Schedule 32 to the principal Regulations. Schedule 32 relates to permissible variation upon verification or reverification of certain subsidiary standards of measurement that are constructed of iron and part B of the Schedule relates to standards of measurement of mass that are constructed of iron and expressed in terms of the pound or units related to the pound. This part is being emitted because it relates to imperial units of measurement which are being withdrawn as legal units of measurement by the amending Regulations.

Regulation 18 inserts new Schedules 33, 34 and 35 into the principal Regulations. New Schedules 33 and 34 prescribe conversion factors for the purposes of section 11 of the Act. New Schedule 35 prescribes those units of measurement (all imperial units that are being withdrawn as Australian legal units of measurement by the proposed Regulations) which are additional legal units of measurement for the purposes of futures contracts.

Attachment 1

Units of measurement to be withdrawn from the National Measurement Regulations:

Mass: ton, short ton, hundredweight, quarter, stone, pound, ounce, dram, grain, slug, pennyweight.

Volume: cubic yard, cubic foot, cubic inch, gallon, quart, pint, gill, fluid ounce, fluid drachm, minim.

Velocity: mile per hour, foot per minute.

Energy: British thermal unit, calorie.

Attachment 2

Units of measurement to be withdrawn for general use but to be reintroduced for particular purposes in meteorology, medicine, manufacturing industry and futures contracts.