WEIGHTS ACT 1926

[Consolidated as at 1 December 1987

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

TABLE OF PROVISIONS

 1. Short title and citation

 2. Commencement

 3. Standards

 4. Appointment of Inspector of Weights

 5. Custody of standard weights, etc

 6. Weights to be deposited for stamping, etc

 7. Weights to be stamped

 8. Inspection of weights

 9. Fraud in using weights

 10. Regulations   

Weights Act 1926

An Act relating to weights

Short title and citation

 1. This Act may be cited as the Weights Act 1926.

Commencement

 2. This Act shall commence 6 months after the date upon which a copy thereof is affixed, by order of the Administrator, on or near to the Court House, Norfolk Island.

Standards

 3. The avoirdupois weights deposited at the commencement of this Act with the Administrator shall be the standard avoirdupois weights of the Territory.

Appointment of Inspector of Weights

 4. The Administrator may appoint a person to be Inspector of Weights.

Custody of standard weights, etc

 5. (1) The Administrator may deliver to the Inspector of Weights any standard weights, balances, or stamps, and the Inspector shall thereupon become responsible for the safe custody thereof.

  (2) If the Inspector of Weights ceases to hold office, or if the Administrator so requires, the Inspector shall forthwith deliver up to the Administrator or to such person as the Administrator directs, all standard weights, balances, or stamps committed to his custody in pursuance of this section.

Weights to be deposited for stamping, etc

 6. Any person who, at or after the commencement of this Act uses avoirdupois weights for the purpose of trade shall, within one month from the commencement of this Act or from the commencement of such use (as the case may be) deposit the weights at the office of the Inspector of Weights for testing and stamping.

Penalty: $20.

Weights to be stamped

 7. (1) All avoirdupois weights used or to be used for trade shall be compared and adjusted with the standard avoirdupois weights by the Inspector of Weights who shall stamp, in such manner as best to prevent fraud, such weights as are found, when so compared and adjusted, to correspond with the standard avoirdupois weights of the Territory.

  (2) Any person who, after the expiration of one month from the commencement of this Act, or from the commencement of the use by him of avoirdupois weights for the purposes of trade (whichever is the later) uses any avoirdupois weight which has not been compared and stamped under the last preceding subsection shall be guilty of an offence.

Penalty: $20.

Inspection of weights

 8. (1) The Inspector of Weights may, at all reasonable times —

(a) enter any building or place, or stop and inspect any vehicle, wherein or in connection with which avoirdupois weights are used for trade and examine and test the avoirdupois weights; and

(b) inspect any avoirdupois weights in the possession of any person having a pack, basket or other receptacle containing articles for sale, and examine and test the avoirdupois weights.

  (2) Any avoirdupois weight which is incorrect or unjust may be seized by the Inspector of Weights and forfeited to the Crown.

Fraud in using weights

 9. Any person who —

(a) by means of any incorrect or unjust weight or weighing instrument; or

(b) in using any weight or weighing instrument,

defrauds or attempts to defraud or counsels or procures another to defraud or attempt to defraud any person shall be guilty of an offence.

Penalty: $40.

Regulations

 10. The Administrator may make Regulations, not inconsistent with this Act, prescribing all matters and things which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular prescribing —

(a) the duties of the Inspector of Weights;

(b) the periodical verification of local weights and of weighing instruments;

(c) the method of comparing, adjusting, verifying and stamping weights and weighing instruments; and

(d) the limitation of error which may be permitted in any weight or weighing instrument.

NOTES

The Weights Act 1926 as shown in this consolidation comprises Act No. 5 of 1926 and amendments as indicated in the Tables below.

Table of Amendments

© Norfolk Island Government 2003

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.