Weights Act 1926 (NI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015Q00256 Not in force Continued Law

Select Document

NORFOLK ISLAND

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

NORFOLK ISLAND

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;

(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.

Enactment	Number and year	Date of commencement	Application saving or transitional provision

Weights Act 1926	5, 1926	24.11.26

Amendments Incorporation Act 1963	2, 1963	28.3.63

Ordinances Revision Act 1964	6, 1964	30.6.64	6

Ordinances Citation Act 1976	11, 1976	25.11.76

Ordinances Revision Act 1979	13, 1979	7.8.79	5

Ordinances Revision (Decimal Currency) Act 1980	31, 1980	15.1.81

________

Table of Amendments

ad = added or inserted	am = amended			rep = repealed	rs = repealed and substituted
Provisions affected		How affected

1		am	2, 1963; 11, 1976
6, 7		am	31, 1980
8		am	6, 1964
9		am	31, 1980
10		am	6, 1964; 13, 1979

_______________________________________________________________________

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.

Overview

The Weights Act 1926 was enacted to address issues relating to the standardisation and regulation of weights used for trade on Norfolk Island. This Act was passed by the Norfolk Island Legislative Assembly and was intended to ensure that weights used in trade were accurate and met specific standards, thereby preventing fraud and ensuring fair trade practices. The Act established the framework for the appointment of an Inspector of Weights, who would be responsible for maintaining and verifying the standards of weights and measures, as well as inspecting and stamping weights to ensure compliance with the Act. The enactment of this Act was crucial for maintaining the integrity of commercial transactions on Norfolk Island, thereby protecting consumers and businesses from dishonest practices.

Scope and Application

The Norfolk Island Weights Act 1926 applies to individuals and businesses on Norfolk Island that use avoirdupois weights for trade purposes. The Act is designed to ensure the accuracy of weights used in commercial transactions, thereby maintaining fair trade practices within the island's jurisdiction. The Act mandates that all such weights be deposited with the Inspector of Weights for testing and stamping within one month of the Act's commencement or the commencement of their use in trade. The Inspector of Weights, appointed by the Administrator, is responsible for the safe custody of standard weights and balances, and is authorised to enter premises and vehicles to inspect and test weights used for trade. The Act also allows for the seizure and forfeiture of any incorrect or unjust weights to the Crown. Additionally, it criminalises the use of incorrect or unjust weights for the purpose of defrauding others, with penalties for such offences. The Administrator may also make regulations to further enforce the Act's provisions, ensuring the accuracy and fairness of weights used in trade on Norfolk Island.

Key Provisions

The Weights Act 1926 (Norfolk Island) establishes the legal framework for the regulation of weights and measures on Norfolk Island. Section 3 designates the avoirdupois weights deposited with the Administrator at the commencement of this Act as the standard weights of the territory. Section 4 allows the Administrator to appoint an Inspector of Weights, who is responsible for the safe custody of standard weights, balances, and stamps. Section 5 outlines the process for the Inspector of Weights to take custody of these items and the requirement for the Inspector to return them to the Administrator if they cease to hold office or are directed to do so. Section 6 requires any person using avoirdupois weights for trade to deposit these weights at the Inspector of Weights' office for testing and stamping within one month of the Act's commencement or the commencement of their trade use, with a penalty of $20 for non-compliance. The Act imposes several obligations on parties and entities it governs. Section 7 mandates that all avoirdupois weights used or intended for trade must be compared and adjusted with the standard weights by the Inspector of Weights, who will then stamp the weights that meet the standard. Any person found using unstamped weights after one month from the Act's commencement or their trade use will be guilty of an offence, with a penalty of $20. Section 8 grants the Inspector of Weights the authority to enter buildings, vehicles, and inspect weights in the possession of any person for sale, seize any incorrect or unjust weights, and forfeit them to the Crown. Section 9 criminalises the use of incorrect or unjust weights or weighing instruments to defraud or attempt to defraud another person, with a penalty of $40. The Act also provides for regulations to be made by the Administrator, as detailed in Section 10. These regulations can include the duties of the Inspector of Weights, the periodic verification of weights and weighing instruments, the methods for comparing, adjusting, verifying, and stamping weights, and the permissible error limits in any weight or weighing instrument. Failure to comply with the Act and its regulations can result in civil and criminal consequences, with specific penalties outlined for each offence.

Area of Law: Commercial Law
Instrument: Act
Concepts: Commencement Provisions; Offence Provisions; Regulatory Standards

Interactions

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.

Legislation content