Weights and Measures (National Standards) Act 1948

Legislation au C1948A00029 Not in force Act

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WEIGHTS AND MEASURES (NATIONAL STANDARDS).

 

No. 29 of 1948.

An Act relating to Weights and Measures.

[Assented to 24th June, 1948.]

[Date of commencement, 22nd July, 1948.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Citation.

1. This Act may be cited as the Weights and Measures (National Standards) Act 1948.


Definition.

2. In this Act, unless the contrary intention appears—

“Australia” includes the Territories of the Commonwealth;

“Commonwealth legal unit of measurement” means a unit of measurement prescribed in pursuance of section five of this Act;

“Commonwealth standard of measurement” means a standard of measurement maintained by the Council in pursuance of section six of this Act;

“Territory” means a Territory under the authority of the Commonwealth;

“the Commission” means the National Standards Commission constituted under this Act;

“the Council” means the Commonwealth Council for Scientific and Industrial Research constituted under the Science and Industry Research Act 1920–1945.

Certain laws not affected.

3. Nothing in this Act shall affect the operation of any provisions of the law of a State or Territory relating to improper practices in connexion with weights and measures.

Application of Act to Territories.

4. The application of this Act shall extend to all the Territories of the Commonwealth.

Units of measurement

5.—(1.) The regulations may prescribe units of measurement of any physical quantity.

(2.) The prescribed units of measurement of a physical quantity shall be the sole legal units of measurement of that physical quantity.

Standards of measurement.

6.—(1.) To provide means by which measurements may be made in terms of the Commonwealth legal units of measurement of any physical quantity, the Council shall maintain one or more prescribed standards of measurement of that physical quantity.

(2.) Any measurement of a physical quantity made by the Council by means of, by reference to, by comparison with or by derivation from any such standard of measurement and expressed in terms of a Commonwealth legal unit of measurement shall, for all legal purposes, be deemed to be a measurement in terms of that Commonwealth legal unit of measurement.

Working standards of measurement.

7.—(1.) The Council may maintain one or more prescribed working standards of measurement in respect of any physical quantity for which there is a Commonwealth standard of measurement.

(2.) Every such working standard shall be verified and reverified, as prescribed, and at the prescribed intervals of time, by means of, by reference to, by comparison with or by derivation from the appropriate Commonwealth standard of measurement.

(3.) Any standard of measurement referred to in the law of any State or Territory in respect of a physical quantity for which there is a Commonwealth standard of measurement may, at the request of the appropriate authority of the State or Territory concerned, and with


the approval of the Commission, be verified and reverified, as prescribed, and at the prescribed intervals of time, by means of, by reference to, by comparison with or by derivation from the appropriate Commonwealth standard of measurement.

(4.) Every such standard of measurement shall, subject to verification and reverification as provided by the last preceding sub-section, be deemed to be a working standard of measurement maintained by the Council.

Measurements to be ascertained in accordance with standards

8. When, for any legal purpose, it is necessary to ascertain whether a measurement of a physical quantity for which there is a Commonwealth standard of measurement has been made in terms of the Commonwealth legal units of measurement of that physical quantity, that fact shall be ascertained by means of, by reference to, by comparison with or by derivation from—

(a) the appropriate Commonwealth standard of measurement of that physical quantity;

(b) a working standard of measurement of that physical quantity maintained, or deemed to be maintained, by the Council; or

(c) a standard of measurement of that physical quantity, which has been verified and reverified, as prescribed, and at the prescribed intervals of time, by means of, by reference to, by comparison with or by derivation from—

(i) the appropriate Commonwealth standard of measurement; or

(ii) an appropriate working standard of measurement maintained, or deemed to be maintained, by the Council,

and not in any other manner.

Conversion factors.

9. When, for any legal purpose, it is necessary to express the measurement of a physical quantity made in terms of one of the Commonwealth legal units of measurement of that physical quantity as a measurement made in terms of another Commonwealth legal unit of measurement, the prescribed conversion factors shall, where applicable, be used.

Trade contracts, &c., to be in terms of Commonwealth legal units of measurement.

10.—(1.) On or after the date from which the Commonwealth legal units of measurement of any physical quantity are the sole legal units of measurement of that physical quantity—

(a) every contract, dealing or other transaction made or entered into for any work, goods or other thing which is to be done, sold, carried or agreed for by measurement of that physical quantity shall be made or entered into in terms of the corresponding Commonwealth legal unit of measurement of that physical quantity, or in terms of some multiple or part of that unit, and if not so entered into shall be void; and


(b) all taxes, duties, charges and tolls charged or collected, under or in pursuance of any law of the Commonwealth or of a State or Territory, according to measurement of that physical quantity shall be charged or collected in terms of the corresponding Commonwealth legal unit of measurement of that physical quantity or in terms of some multiple or part of that unit.

(2.) This section shall not apply to a contract, dealing or transaction made or entered into in connexion with the exportation of goods from, or the importation of goods into, Australia.

Use of particular units of measurement for particular transactions.

11.—(1.) The regulations may provide that a prescribed Commonwealth legal unit of measurement of a physical quantity shall be used only for the purpose of a prescribed transaction, or for the purpose of the transactions included in a prescribed class of transactions, and any other transaction for the purpose of which that Commonwealth legal unit of measurement is used shall be void.

(2.) The regulations may provide that a prescribed transaction, or the transactions included in a prescribed class of transactions, shall be made or entered into in terms of a prescribed Commonwealth legal unit of measurement and any such transaction made or entered into otherwise than in terms of that Commonwealth legal unit of measurement shall be void.

Verification of means of measurement.

12. Every means of measurement which is required by any law of the Commonwealth or of a State or Territory to be verified or reverified for any purpose shall be verified or reverified in terms of the appropriate Commonwealth legal unit of measurement, or in terms of some multiple or part of that unit.

National Standards Commission.

13.—(1.) There shall be a National Standards Commission, the functions of which shall be to advise the Minister with respect to weights and measures.

(2.) The Commission shall consist of five members, who shall be appointed by the Minister and shall hold office, during his pleasure, on such terms and conditions as the Minister determines.

(3.) Of the members of the Commission—

(a) three shall be nominated by the Council; and

(b) one shall be nominated, on account of his scientific knowledge, by the other four members of the Commission.

Regulations

14. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters 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.

Overview

The Weights and Measures (National Standards) Act 1948 was enacted to create a unified system of measurement across Australia, establishing national standards for units of measurement and ensuring consistency in trade and commerce. The Act was assented to on 24th June 1948 and commenced on 22nd July 1948. It was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The Act aims to provide a cohesive legal framework for measurement units, ensuring that all measurements within Australia adhere to nationally prescribed standards. This was a necessary step to eliminate discrepancies that could arise from varying state or territory laws, thereby facilitating fair trade and commerce across Australia’s jurisdictions.

Scope and Application

The Weights and Measures (National Standards) Act 1948 applies to the Commonwealth of Australia, including its territories, and establishes the framework for national standards of weights and measures. This Act applies to all entities and individuals within its jurisdiction, dictating the sole legal units of measurement and the standards by which these measurements must be maintained and verified. The Act mandates that all trade contracts and transactions involving measurements must be conducted using the prescribed Commonwealth legal units of measurement, ensuring uniformity and accuracy. However, it excludes transactions related to the exportation and importation of goods from its scope. The Act also empowers the Governor-General to issue regulations that further define the application and implementation of the Act, thereby extending or restricting its application as necessary.

Key Provisions

The Weights and Measures (National Standards) Act 1948 sets out the legal framework for measurement standards in Australia. Under section 5, the regulations have the authority to prescribe units of measurement for any physical quantity, and once prescribed, these become the sole legal units of measurement for that quantity. Section 6 mandates that the Commonwealth Council for Scientific and Industrial Research maintain one or more prescribed standards of measurement for any physical quantity. These standards are the basis for all legal measurements of that quantity. The Act also allows for the maintenance of working standards of measurement, as outlined in section 7, which must be verified and reverified at specified intervals against the Commonwealth standard of measurement. According to section 8, any legal determination of a measurement must be made using the Commonwealth standard or a verified working standard. Furthermore, section 10 stipulates that all trade contracts and related transactions must be conducted in terms of the Commonwealth legal units of measurement, and failure to do so renders the contract void, except in cases of exportation or importation of goods. The Act imposes several obligations on the parties and entities it governs. The Commonwealth Council for Scientific and Industrial Research must maintain and verify the Commonwealth standards of measurement, as per sections 6 and 7. The National Standards Commission, established under section 13, is tasked with advising the Minister on matters related to weights and measures. Additionally, section 12 requires that all means of measurement subject to verification under Commonwealth or state laws must be verified in terms of the appropriate Commonwealth legal unit of measurement. This ensures consistency and legal compliance across all jurisdictions. Violations of the Act can lead to significant consequences. While the Act does not explicitly detail specific offences, it is clear that any transaction made in units other than the prescribed Commonwealth legal units of measurement is void under section 10. This voidance acts as a civil penalty, rendering the transaction legally ineffective. Furthermore, the use of non-compliant units of measurement in trade contracts or transactions can result in the nullification of those contracts, thereby imposing a civil consequence on the parties involved. Although the Act does not specify criminal penalties, the severe civil consequences underscore the importance of compliance with the prescribed standards.

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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.