Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   3.      Interpretation  
   3A.     Meaning of made available as a public weighbridge  
   4.      Objects and application of Act  
   4A.     Application of Act--utility meters used for trade  
   4B.     Application of trade measurement provisions  
   5.      Act to bind the Crown  
   6.      Extension of Act to Territories  
   6A.     Application of the Criminal Code  

   PART II--UNITS--AND STANDARDS OF MEASUREMENT

   7.      Australian legal units of measurement  
   7A.     Regulations may prescribe Australian legal units of measurement etc.  
   7B.     Guidelines  
   8.      Australian standards of measurement  
   8AA.    Co - ordinated Universal Time  
   8A.     Recognized - value standards of measurement  
   9.      Verification of State primary standards of measurement  
   10.     Measurements to be ascertained in accordance with appropriate standards of measurement, Australian certified reference materials or certified measuring instruments  
   11.     Conversion factors  
   12.     Trade contracts etc. to be expressed in Australian legal units of measurement  
   12A.    Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement  
   13.     Contracts etc. relating to exportation or importation of goods  
   13A.    Futures contracts and contracts etc. relating to futures contracts  
   14.     References in laws to units of measurement  

   PART III--NATIONAL--MEASUREMENT INSTITUTE AND CHIEF METROLOGIST

   16.     Overview of Part  
   17.     National Measurement Institute  
   18.     Metrological functions  
   18A.    Chief Metrologist  
   18B.    Acting Chief Metrologist  
   18C.    Delegation by the Secretary  
   18D.    Delegation by the Chief Metrologist  

   PART IV--USING--MEASURING INSTRUMENTS FOR TRADE

           Division 1--Overview of Part

   18G.    Overview  

           Division 2--Requirements for use of measuring instruments for trade

   18GA.   Measuring instruments used for trade to be verified  
   18GB.   Installing measuring instruments not of an approved pattern  
   18GC.   Supplying measuring instruments not of an approved pattern  
   18GCA.  Letting for hire or loaning unverified measuring instruments  
   18GD.   Inaccurate use of measuring instruments  
   18GE.   Using or supplying inaccurate measuring instruments  

           Division 3--Verification of measuring instruments

   18GF.   Overview  
   18GG.   Meaning of verification  
   18GH.   Who is permitted to verify measuring instruments other than utility meters?  
   18GI.   Who is permitted to verify utility meters?  
   18GJ.   Register of verification marks  
   18GK.   Requirements for verification  
   18GL.   Standards of measurements to be used for verification  
   18GM.   Using a verification mark when not permitted to do so  
   18GN.   Sale or supply of measuring instrument marked by someone not permitted to do so  
   18GO.   Misleading marks  
   18GP.   Wrongful possession of an instrument for making a verification mark  
   18GPA.  Obligation to obliterate verification mark--person who adjusts or repairs measuring instrument  
   18GQ.   Obligation to obliterate verification mark--person who causes adjustment or repair of measuring instrument  
   18GR.   Measuring instrument taken not to have failed test procedures in certain circumstances  

   PART V--GENERAL--PROVISIONS ON USING MEASUREMENT IN TRADE

   18H.    Overview  
   18HA.   When is an article packed in advance ready for sale?  
   18HB.   Certain articles must be sold by measurement--articles packed in advance ready for sale  
   18HC.   Certain articles must be sold by measurement--other articles  
   18HD.   Transactions based on measurement to be in prescribed units of measurement  
   18HE.   Measuring instruments used in transactions to have prescribed scale intervals  
   18HF.   Unreliable methods of measurement  
   18HG.   Limiting use of certain measuring instruments  
   18HH.   Measuring instruments and methods of measurement used in monitoring compliance with the Act  
   18HI.   Articles sold by measurement to be sold by net measurement  

   PART VI--ARTICLES--PACKED IN ADVANCE READY FOR SALE

           Division 1--Overview of Part

   18J.    Overview  

           Division 2--Marking packed articles

              Subdivision 2-A--Required package information

   18JA.   Package must be marked with required package information--packer  
   18JB.   Package must be marked with required package information--importer  
   18JC.   Package must be marked with required package information--seller  
   18JD.   Package must be marked with required package information--possession, offer or exposure for sale  
   18JE.   Package must be marked in prescribed manner  

              Subdivision 2-B--Prohibited expressions

   18JF.   Using prohibited expressions--packer  
   18JG.   Using prohibited expressions--seller  
   18JH.   Using prohibited expressions--possession, offer or exposure for sale  

              Subdivision 2-C--Notices to remedy

   18JHA.  Trade measurement inspector may give notice to remedy  

           Division 3--Average Quantity System for packed articles

              Subdivision 3-A--Preliminary

   18JI.   Overview of Division  

              Subdivision 3-B--AQS marks

   18JJ.   What is an AQS mark?  
   18JK.   AQS mark must be used in accordance with regulations  
   18JL.    Using misleading marks  
   18JLA.  Trade measurement inspector may give notice to remedy  

              Subdivision 3-C--Shortfall

   18JM.   Shortfall offence--packer  
   18JN.   Shortfall offence--importer  
   18JO.   Shortfall offence--possession, offer or exposure for sale  
   18JP.   Shortfall offence--sale  

           Division 4--Packed articles not marked with AQS mark

              Subdivision 4-A--Overview of Division

   18JQ.   Overview  

              Subdivision 4-B--Shortfall offences

   18JR.   When is there a shortfall in the measurement of a packed article?  
   18JS.   Shortfall offence--packer  
   18JT.   Shortfall offence--importer  
   18JU.   Shortfall offence--possession, offer or exposure for sale  
   18JV.   Shortfall offence--seller  

           Division 5--Permits

   18JW.   Overview  
   18JX.   Permits for certain packed articles  
   18JY.   Register of permits  
   18JZ.   Evidentiary certificate  

   PART VII--OTHER--ARTICLES

   18K.    Overview  
   18KA.   Requirements if purchaser present when measurement made  
   18KB.   Requirements if purchaser not present when measurement made  
   18KC.   Articles sold by measurement--price of packaging  
   18KD.   Shortfall offence--sale  

   PART VIII--ENFORCEMENT--OF PARTS IV TO VII

           Division 1--Overview

   18L.    Overview  

           Division 2--Evidentiary matters

   18LA.   Evidentiary certificate--shortfall offences  
   18LB.   Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence  
   18LC.   Person giving certificate may be called to give evidence  
   18LD.   Evidence in support or rebuttal of matters in certificate to be considered on its merits  
   18LE.   Evidence--matters relating to packing  

           Division 3--Infringement notices

   18LF.   When an infringement notice can be given  
   18LG.   Matters to be included in an infringement notice  
   18LH.   Amount of penalty  
   18LI.   Withdrawal of an infringement notice  
   18LJ.   What happens if the penalty is paid  
   18LK.   Effect of this Division on criminal proceedings  

           Division 4--Additional enforcement options

   18LL.   Overview  
   18LM.   Accepting undertakings  
   18LN.   Enforcing undertakings  
   18LO.   Injunctions  
   18LP.   Secretary may publicise offences  
   18LQ.   Affected contracts etc. voidable  

   PART IX--TRADE--MEASUREMENT INSPECTORS

           Division 1--Overview of Part

   18M.    Overview  

           Division 2--Appointment of trade measurement inspectors and identity cards

   18MA.   Appointment of trade measurement inspectors  
   18MB.   Identity card  
   18MC.   Evidentiary certificate--appointment and class of trade measurement inspector  

           Division 3--Powers of trade measurement inspectors

   18MD.   Overview  
   18MDA.  Powers of trade measurement inspectors in public areas of business premises  
   18ME.   Monitoring powers  
   18MF.   Collecting evidential material  
   18MG.   General powers of trade measurement inspectors  
   18MH.   Trade measurement inspector may request persons to answer questions or produce documents  
   18MI.   English translation of book, record or document requested by a trade measurement inspector  
   18MIA.  Trade measurement inspector may give directions to controllers of business vehicles etc.  
   18MJ.   Power to give directions in relation to re - verification  
   18MK.   Power to verify measuring instruments on request  
   18ML.   Evidentiary certificate--examination and calibration under section 18MK  
   18MM.   Trade measurement inspector must obliterate verification mark  
   18MMA.  Notices to remedy  

           Division 4--Obligations of trade measurement inspectors

   18MN.   Trade measurement inspector must produce identity card on request  
   18MO.   Details of warrant to be given to controller etc.  
   18MP.   Consent to enter residential premises  
   18MQ.   Announcement on entry or inspection  
   18MR.   Compensation for damage to electronic equipment  
   18MS.   Copies of seized things to be provided  
   18MT.   Receipts for things seized  
   18MU.   Retention of seized things  
   18MV.   Magistrate may permit a thing to be retained  

           Division 5--Controller's rights and responsibilities

   18MW.   Controller entitled to be present during search  
   18MX.   Controller must provide trade measurement inspector with facilities and assistance  

           Division 6--Warrants

   18MY.   Overview  
   18MZ.   Monitoring warrants  
   18MZA.  Warrants relating to the collection of evidential material  
   18MZB.  Urgent warrant for the collection of evidential material  
   18MZC.  Powers conferred on magistrates in their personal capacity  
   18MZD.  Immunity of magistrates  

   PART X--SERVICING--LICENSEES

   18N.    Overview  
   18NA.   Application for a servicing licence  
   18NB.   Granting a servicing licence  
   18NC.   Circumstances in which servicing licence must be refused  
   18ND.   Where the applicant is a body corporate  
   18NE.   Where the applicant is a partnership  
   18NF.   Register of servicing licences  
   18NG.   Conditions may be imposed on servicing licences  
   18NH.   Conditions on all servicing licences  
   18NI.   Application to amend a condition of a servicing licence  
   18NJ.   Application to change servicing licensee due to change of partnership  
   18NK.   Application for renewal of servicing licence  
   18NL.   Renewal of servicing licence  
   18NM.   Surrender and transfer of servicing licence  
   18NN.   Order preventing employment of certain persons  
   18NO.   Offence--breaching a condition of a servicing licence  

   PART XI--PUBLIC--WEIGHBRIDGES

           Division 1--Public weighbridge licences

   18P.    Overview  
   18PA.   Application for a public weighbridge licence  
   18PB.   Granting a public weighbridge licence  
   18PC.   Circumstances in which public weighbridge licence must be refused  
   18PD.   Where the applicant is a body corporate  
   18PE.   Where the applicant is a partnership  
   18PF.   Register of public weighbridge licences  
   18PG.   Conditions may be imposed on public weighbridge licences  
   18PH.   Conditions on all public weighbridge licences  
   18PI.   Application to amend a condition of a public weighbridge licence  
   18PJ.   Application to change public weighbridge licensee due to change of partnership  
   18PK.   Application to contract out the operation of the public weighbridge  
   18PL.   Application for renewal of public weighbridge licence  
   18PM.   Renewal of public weighbridge licence  
   18PN.   Surrender and transfer of public weighbridge licence  
   18PO.   Effect of relocation of licensed public weighbridge  
   18PP.   If weighbridge no longer suitable for use as public weighbridge  
   18PQ.   Order preventing employment of certain persons  
   18PR.   Order preventing contract with certain person to operate public weighbridge  
   18PS.   Order preventing employee of a public weighbridge contractor from operating public weighbridge  

           Division 2--Offences in relation to public weighbridges

   18PT.   Offence--making a weighbridge available as a public weighbridge when not licensed etc.  
   18PU.   Offence--breaching a condition of a public weighbridge licence  

   PART XII--DISCIPLINARY--ACTION AGAINST SERVICING LICENSEES AND PUBLIC WEIGHBRIDGE LICENSEES

   18Q.    Overview  
   18QA.   Grounds for disciplinary action  
   18QB.   Notice to licensee of grounds for disciplinary action  
   18QC.   Taking disciplinary action  
   18QD.   Accepting undertakings  
   18QE.   Enforcing undertakings  
   18QF.   Secretary may publicise grounds on which disciplinary action taken, etc.  

   PART XIII--UTILITY--METER VERIFIERS

           Division 1--Appointment of utility meter verifiers on application

   18R.    Applying to be a utility meter verifier  
   18RA.   Appointment of utility meter verifiers  
   18RB.   Conditions on appointment of utility meter verifiers  
   18RC.   Secretary must allocate utility meter verifier's mark  
   18RCA.  NATA accredited verifiers  

           Division 2--Disciplinary action against utility meter verifiers appointed on application

   18RD.   Notice to utility meter verifier of intention to take disciplinary action  
   18RE.   Secretary may seek further information  
   18RF.   Secretary must consider utility meter verifier's submission and information in making a decision under section 18RG  
   18RG.   Taking of disciplinary action against a utility meter verifier  

           Division 3--Appointing Commonwealth or State officials etc. as utility meter verifiers

   18RH.   Appointment of Commonwealth or State officials etc. as utility meter verifiers  
   18RI.   Secretary must allocate verification marks to utility meter verifiers appointed under section 18RH  

   PART XIV--MISCELLANEOUS

   19.     Maintaining of standards of measurement etc. before regulations prescribing units take effect  
   19A.    Patterns of instruments  
   19AAA.  Tolerances  
   19AAB.  Measuring instrument--accordance with pattern  
   19B.    Offences  
   19C.    Offences committed by employees--liability of employee  
   19D.    Offences committed by employees--liability of employer  
   19E.    Offences committed by agents--liability of agent  
   19F.    Offences committed by agents--liability of principal  
   19H.    Protected information  
   19J.    Review by Administrative Appeals Tribunal of decisions under this Act  
   19K.    Jurisdiction of the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2)  
   19L.    Fees recoverable as a debt due to the Commonwealth  
   19M.    Rights may be amended, suspended or cancelled etc.  
   19N.    Compensation for acquisition of property  
   19P.    Evidentiary matters--signature of Secretary or trade measurement inspector  
   19Q.    Chief Metrologist may determine matters  
   20.     Regulations