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CLAUSE NOTES
Trade Measurement (Repeal) Bill 2010
Part 1 - Preliminary
Clause 1 Short Title
The Act is referred to as the Trade Measurement (Repeal)
Act 2010.
Clause 2 Commencement
The Act commences on the day on which it receives Royal
Assent.
Clause 3 Interpretation
This clause defines certain words and expressions used in
the Act.
Part 2 Legislation Repealed, Rescinded and Revoked
Clause 4 Legislation Repealed
This clause provides for the repeal of the Trade
Measurement (Tasmania) Administration Act 1999 and the
Trade Measurement Act 1999.
Clause 5 Legislation Rescinded
This clause rescinds all associated Trade Measurement
Regulations.
Clause 6 Legislation Revoked
This clause revokes proclamations under the Trade
Measurement Act 1999 and the Trade Measurement
(Tasmania) Administration Act 1999.
Part 3 Transitional Provisions
Clause 7 Penalty Notices
This clause enables the issue and service of an
infringement notice under this Act where the alleged
offence occurred before its commencement and an
infringement notice was not served immediately prior.
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Clause 8 Disciplinary Action
This clause enables finalisation of disciplinary action
against a licensee. It provides that action may be taken if a
notice was served before commencement of this Act and, at
the time of commencement disciplinary action was yet to be
taken.
Clause 9 Reviews
This clause relates to finalisation of reviews. It enables the
Magistrates Court (Administrative Appeals Division) to
commence or finalise a review of a decision of the trade
measurement licensing authority where a person could
have started a review, but had not applied to do so before
commencement of this Act, or where a person instigated a
review and their appeal not finally determined immediately
prior.
Clause 10 Seized measuring instruments, records, articles and
other things
This clause enables trade measurement inspectors to deal
with seized items after commencement of this Act. This is
subject to allowing the national measurement institute to
inspect the thing if required under the new national law.
Clause 11 Unpaid fees
This clause provides for the recovery of any unpaid trade
measurement fees after the commencement of this Act.
Clause 12 Search warrants
This clause enables a search warrant to be issued after the
commencement of this Act in relation to a reasonably
suspected contravention of a provision of the Trade
Measurement Act 1999 or the Trade Measurement
(Tasmania) Administration Act 1999 or the regulations
under either Act in or on any premises before
commencement of this Act.
Clause 13 Application of repealed Acts
This clause makes it clear, for the purposes of the
"continuing matters", that the Trade Measurement Act 1999
and the Trade Measurement (Tasmania) Administration Act
1999 continue to apply as if they had not been repealed
and the Acts and instruments specified in Schedule 1
continue to apply as if they had not been amended.
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Clause 14 Reference to repealed Acts
This clause provides that any reference in any other Act or
instrument to the Trade Measurement Act 1999 and the
Trade Measurement (Tasmania) Administration Act 1999
extends to a reference to Commonwealth trade
measurement law (except in so far as the context or
subject-matter otherwise indicates or requires).
Part 4 Miscellaneous
Clause 15 Provision of register and other information
This clause enables the Secretary of the Department of
Justice (or any person authorised by the Secretary) to
provide certain registers and other information to the
National Measurement Institute for the purpose of the
administration or enforcement of the Commonwealth trade
measurement law.
Clause 16 Relationship to section 16 of the Act Interpretation Act
1931
This clause provides that section 16 of the Acts
Interpretation Act 1931 is not affected by the proposed Act
unless otherwise provided by the proposed Act.
Clause 17 Regulations
Provides that the Governor may make regulations for the
purposes of this Act.
Clause 18 Consequential amendments
Provides that Schedule 1 makes consequential
amendments to the legislation listed in the Schedule.
Clause 19 Repeal of Act
Provides for the repeal of this Act on 1 July 2013.
Clause 20 Administration of Act
Provides that, until otherwise ordered under s4 of the
Administrative Arrangements Act 1990, administration of
the proposed Act is assigned to the Minister for Corrections
and Consumer Protection.
Schedule 1 Consequential Amendments
Amends the definition of "weighing instrument" in the
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Fisheries (Processing and Handling) Rules 2001.
Amends clause 4 of the Justices Order 2004 by omitting
paragraphs (z) and (za):
(z) Trade Measurement (Tasmania) Administration Act 1999
(za) Trade Measurement Act 1999.
.
Schedule 2 Legislation Repealed
Repeals the Trade Measurement Act 1999 and the Trade
Measurement (Tasmania) Administration Act 1999.
Schedule 3 Legislation Rescinded
Rescinds all associated Trade Measurement Regulations.
Schedule 4 Legislation Revoked
Revokes proclamations under the Trade Measurement Act
1999 and the Trade Measurement (Tasmania)
Administration Act 1999.
Further Amendments
Clause 2 Commencement
AMENDED
Currently this Act commences on the day on which this Act
receives the Royal Assent.
The Bill is amended by inserting the following words at the
end of clause 2.
"but if it does not receive the Royal Assent by 6 September
2010 this Act is taken to have commenced on 6 September
2010."
The regulations to the Bill expire on 6 September 2010
under the Subordinate Legislation Act 1992. This
amendment will ensure that there is no gap in regulation
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between the expiry of the regulations to the Act and the date
of Royal Assent.
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