National Measurement Regulations (Amendment)

Legislation au C2004L00596 Regulations Not in force Legislative Instrument

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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 Since section 18A of the Act has been repealed this provision is redundant.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:

 

ton

ounce

 

short ton

dram

 

hundred weight

grain

 

quarter

slug

 

stone

troy ounce

 

pound

pennyweight

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:

 

cubic yard

pint

 

cubic foot

gill

 

cubic inch

fluid ounce

 

gallon

fluid drachm

 

quart

minim

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.

Quantity

 

Unit/s of Measurement

Particular purpose/s

Pressure

:

millibar

measurement of air pressure in aviation; futures contracts.

 

:

millimetre of mercury

measurement of blood pressure in medicine; futures contracts.

Mass

:

troy ounce

weighing of precious metals; futures contracts.

 

:

ton, short ton, hundred weight, quarter, stone, pound, ounce, dram, grain, slug, pennyweight.

futures contracts.

Energy

:

kilocalorie

measurement of food energy values; futures contracts.

 

:

British thermal unit, calorie

futures contracts.

velocity

:

foot per minute

vehicular vertical speed measurement; futures contracts.

 

:

mile per hour

futures contracts.

power

:

horse power

measurement of engine ratings in defence and aviation; futures contracts.

volume

:

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

futures contracts.

 

Overview

The National Measurement Regulations (Amendment) 2004 amends the National Measurement Regulations 1960 to address the need for harmonising Australia's measurement standards with international practices while accommodating specific industry requirements. The Act, enacted by the Parliament of Australia, aims to refine the legal framework governing measurement units, ensuring that they remain relevant and accurate for contemporary needs. The policy objective of the amendment is to withdraw certain imperial units of measurement that are no longer in use or necessary for general purposes, while reintroducing them as additional legal units for specific technical, medical, and industry-related applications. This approach seeks to balance the transition to metric standards with the practical requirements of various sectors that still rely on imperial units for precision and consistency.

Scope and Application

The National Measurement Act 1960 governs the units of measurement used in Australia, establishing the Australian legal units of measurement and allowing for their use in specific contexts through subordinate regulations. These regulations determine the sole legal units of measurement for physical quantities and may also prescribe additional units for particular contracts, dealings, or transactions. Section 11 of the Act mandates the use of prescribed conversion factors for measurements in legal contexts. The National Measurement Regulations (Amendment) modify the principal Regulations to withdraw certain imperial units from the list of Australian legal units of measurement while reintroducing them as additional legal units for specific technical purposes, particularly in meteorology, medicine, manufacturing, and futures contracts. The amending Regulations also prescribe conversion factors for these purposes and adjust permissible variations for certain standards of measurement. This legislative framework ensures consistency and accuracy in measurements across various sectors in Australia, aligning with international standards where necessary.

Key Provisions

The National Measurement Act 1960 (the "Act") is amended by the National Measurement Regulations (Amendment) ("the amending Regulations") to alter the legal units of measurement in Australia. Section 7 of the Act (1) allows the regulations to specify the Australian legal units of measurement for any physical quantity, while subsection (2) establishes these units as the only legal ones for their respective physical quantities. Subsection (3) allows for additional units to be designated for specific transactions or contracts (7(3)). Section 11 mandates the use of prescribed conversion factors when converting between Australian legal units of measurement for various legal purposes (11). Under the amending Regulations, certain imperial units of measurement are withdrawn as Australian legal units of measurement (Regulations 9 to 18). These units, listed in Attachment 1, include various measures of mass, volume, velocity, energy, power, and pressure. However, these units are reintroduced as additional legal units for specific purposes in fields such as meteorology, medicine, manufacturing, and futures contracts, as detailed in Attachment 2. The obligations imposed by the amending Regulations on parties and entities include adherence to the newly designated Australian legal units of measurement. For transactions or contracts specified in the regulations, parties must use the additional legal units of measurement as prescribed. The Regulations also require the use of prescribed conversion factors when converting measurements between Australian legal units, as mandated by section 11 of the Act (11). Failure to comply with the requirements of the amending Regulations may result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of the National Measurement Act 1960 generally attract penalties under the relevant state or territory laws. These penalties can include fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as the applicable legislation in the jurisdiction where the breach occurred.

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Commercial Law
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Regulation
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Definitions & Interpretation
Repeal & Amendment
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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.