National Measurement Regulations (Amendment)

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National Measurement Regulations (Amendment) 1991 No. 146

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 146

Issued by Authority of the Minister for Science and Technology

National Measurement Act 1960

National Measurement Regulations (Amendment)

One of the objects of the National Measurement Act 1960 (the Act) is to provide for the uniform use of uniform units and standards of measurement throughout Australia.

The National Measurement Regulations (Amendment) (the amending Regulations) amends the National Measurement Regulations (the Principal Regulations) to include a hierarchy of standards. A hierarchy of standards provides information on the permissible uncertainties of measurement, and permissible variations from nominal value, of State primary standards, State secondary and State tertiary standards; and inspectors' standards. (Primary standards are more accurate than secondary standards and so on.) Each State and Territory previously prescribed its own hierarchies, and they were not uniform throughout Australia.

The amending Regulations further amend the Principal Regulations to correct an anomaly whereby a person authorised to issue a certificate in respect of Australian primary standards or State primary standards of measurement could not issue certificates in respect of reference standards of measurement.

These amendments were prepared by the National Standards Commission (the Commission) following consultation with each of the State and Territory trade measurement authorities.

The amending Regulations amend the Principal Regulations as follows:

Regulation 1 provides that the Principal Regulations are amended as set out in the amending Regulations.

Regulation 2 amends Regulation 79 of the Principal Regulations by removing the word "expressed" from subregulation (3). The effect of this amendment is to remove the provision for the Commonwealth Scientific and Industrial Research Organisation (the Organisation) to authorise the manner of expressing the accuracy of a State primary standard. In the past both the Commission and the Organisation expressed a State primary standard in the same way. This amendment will rationalise this situation by providing for only one body, the Commission, to express the standard. The Organisation will continue to be consulted on the matter.

Regulation 2 also adds subregulations 79(4) and (5) to prescribe uncertainties of measurement applicable to State primary standards of length and-mass; and to prescribe standard reference conditions of temperature and pressure for the purpose of expressing the value of a standard of measurement on a certificate issued under Regulation 79.

Regulation 3 amends Regulation 80 of the Principal Regulations by removing the provision for the Commission to authorise the manner of expressing the accuracy of the standard. It also prescribes uncertainties of measurement applicable to State secondary standards of length, mass and volume; State tertiary standards of mass and volume; Inspectors' Class 1 standards of length, area, mass and volume; Inspectors'. Class 2 standards of length and mass; and Inspectors' Class 3 standards of mass. In addition, it provides for the Commission to determine standard reference conditions for particular reference standards,.and requires the Commission to notify verifying authorities, appointed in relation to the particular reference standard, of the standard reference conditions. The definition of "verifying authority" is extended to persons authorised to sign and issue certificates under Regulation 78A(1)(b) or Regulation 79(1)(b).

Regulation 4 corrects a grammatical error in Regulation 81 of the Principal Regulations.

Regulation 5 repeals Regulation 82 of the Principal Regulations, which prescribes permissible variations of standards by reference to Schedule 31. It then substitutes a new Regulation 82 which prescribes permissible variations for Inspectors' Class 1 length, area, mass, and volume standards; Inspectors' Class 2 length and mass standards; and Inspectors' Class 3 mass standards. It also provides that standards satisfying Regulations 80 and 82 may be taken as equal to their denomination, for the purpose of a certificate issued under Regulation 80. This means that if a standard satisfies the specified variation and uncertainties then the certificate can state the nominal rather than the actual value, for example, if a 1 kilogram weight weighed 1.01 kilograms, which is within the permissible variation, the certificate would deem the weight to be 1 kilogram.

Regulation 6 repeals Regulation 83 of the Principal Regulations, which prescribes permissible variations of standards by reference to Schedule 32. It then substitutes a new Regulation 83 which defines "uncertainty" as used in the Regulations.

Regulation 7 repeals Regulation 85 of the Principal Regulations, which prescribes additional legal units of measurement for use in futures contracts by reference to Schedule 35. The reason for this amendment is that, by virtue of subsections 7(2) and 12(1) of the Act, the expression of measurement in certain classes of, contract must be in Australian Legal Units of Measurement. The Act was amended in 1986 to exempt futures contracts from this requirement, as a result of which the prescription of additional legal units of measurement for futures contracts is no longer necessary.

Regulation 8 omits Schedule 31 of the Principal Regulations, the table of variations of certain standards of measurement, and substitutes tables of permissible uncertainties for length standards (Schedule 31), mass standards (Schedule 31A) and volume standards (Schedule 31B).

Regulation 9 omits Schedule 32 of the Principal Regulations, the table of permissible variations of certain standards that are made of iron, and substitutes a table of permissible variations for length standards (Schedule 32), area standards (Schedule 32A), mass standards (Schedule 32B) and volume standards (Schedule 32C).

Regulation 10 repeals Schedule 35, a table of additional legal units of measurement for use in futures contracts. The reasons for the repeal of the Schedule are the same as those for the repeal of Regulation 85.

Overview

The National Measurement Act 1960 was enacted to address the need for uniform use of measurement units and standards across Australia. The Act seeks to establish consistency in measurement standards among the states and territories, which previously had their own standards and levels of permissible variations. The National Measurement Regulations (Amendment) 1991 No. 146, issued by the Minister for Science and Technology, further amends the National Measurement Regulations to establish a hierarchy of standards that detail permissible uncertainties and variations from nominal values for State primary, secondary, and tertiary standards, as well as inspectors' standards. Additionally, the amendments correct an anomaly where authorised persons could not issue certificates for reference standards. The amendments were developed by the National Standards Commission in consultation with state and territory trade measurement authorities, aiming to rationalise the expression of measurement standards and to ensure the accuracy and uniformity of measurement practices across Australia.

Scope and Application

The National Measurement Regulations (Amendment) 1991 No. 146 aims to refine and standardise the measurement standards across Australia by amending the National Measurement Regulations. These amendments are made pursuant to the National Measurement Act 1960 and are intended to ensure uniform use of measurement units and standards throughout the country. The Act applies to all entities involved in trade measurements, including manufacturers, traders, and other businesses that rely on accurate measurement standards. The geographic reach of the Act is national, extending to all states and territories within Australia. The regulations establish a hierarchy of standards for various types of measurement standards, including State primary, secondary, and tertiary standards, as well as inspectors' standards, to ensure consistency and accuracy across the board. The amendments also rectify an oversight that prevented authorised persons from issuing certificates for reference standards, thereby ensuring comprehensive coverage. Additionally, the regulations provide detailed specifications for permissible uncertainties and variations, and establish standard reference conditions for temperature and pressure. These changes aim to enhance the precision and reliability of measurement standards, thereby supporting fair trade practices and consumer protection.

Key Provisions

The National Measurement Regulations (Amendment) (No. 146) 1991 introduces significant changes to the National Measurement Regulations, aiming to unify the standards and hierarchies of measurement across Australia. Regulation 1 specifies that the Principal Regulations are amended as outlined in the amending Regulations (reg 1). Regulation 2 addresses the expression of measurement accuracies for State primary standards, removing the Commonwealth Scientific and Industrial Research Organisation's (CSIRO) role in this regard (reg 2). It also introduces subregulations 79(4) and (5) to detail permissible uncertainties for State primary standards of length and mass, and to set standard reference conditions for measurement values on certificates (reg 2). The obligations imposed by the amending Regulations primarily concern the establishment and maintenance of measurement standards. The National Standards Commission (NSC) is tasked with determining uncertainties and permissible variations for various standards, including State primary, secondary, and tertiary standards, as well as inspectors' standards (regs 2 and 3). The NSC must also notify verifying authorities of standard reference conditions (reg 3). Additionally, the amending Regulations require the NSC to provide guidance on permissible variations for inspectors' standards, ensuring that these standards can be deemed equal to their nominal values when within specified limits (regs 5 and 6). Breaches of the National Measurement Regulations can result in both civil and criminal consequences. Under the National Measurement Act 1960, individuals or entities found guilty of non-compliance may face fines and penalties. For example, section 23 of the Act outlines that penalties can be imposed for using non-compliant measurement instruments or for failing to comply with certification requirements. The maximum penalties for these offences can vary, but they are intended to enforce the uniformity and accuracy of measurement standards across Australia. The precise penalties are detailed in the Act itself, but the overarching intent is to ensure that measurement standards are consistently applied and adhered to throughout the country.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.