Australian Capital Territory Numbered Acts

TRADE MEASUREMENT ACT 1991 (NO. 56 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Trade Measurement Act 1991.  
   2.      Commencement  
   3.      Definitions etc.  
   4.      Use of measuring instrument for trade—meaning  
   5.      Application of Act to Crown  
   6.      Exemptions from Act  

   PART II--USE OF MEASURING INSTRUMENTS FOR TRADE

   7.      Measuring instruments used for trade must be marked  
   8.      Unjust measurement  
   9.      Supplying incorrect etc. measuring instrument  

   PART III--VERIFICATION, RE-VERIFICATION AND CERTIFICATION OF MEASURING INSTRUMENTS

   10.     Provision and maintenance of standards  
   11.     Verification and re-verification by inspectors  
   12.     Certification by licensees  
   13.     Requirements for measuring instruments  
   14.     Standards of measurement to be used  
   15.     Responsibilities of administering authority concerning verification and re-verification  
   16.     Prohibition on use if re-verification cannot be carried out  
   17.     Rejection of instrument by inspector—obliteration of marks  
   18.     Duty of repairers etc. to obliterate marks  
   19.     Marks on labels affixed to measuring instruments  
   20.     Making mark without authority  
   21.     Other offences concerning marks  

   PART IV--TRANSACTIONS BY MEASUREMENT MEASUREMENT MUST BE OPEN TO SCRUTINY IN CERTAIN

   22.     (1) If an article is sold at a price determined by reference to measurement of the article, the party that determines the price of the article shall ensure—  
   23.     Incorrect measurement or price calculation  
   24.     Variation of quantity ordered  
   25.     Special provisions for sale of meat  
   26.     Articles required to be sold by specific measurement  
   27.     Presumptions concerning mass of vehicles  

   PART V--PRE-PACKED ARTICLES

   28.     Requirements for packaging of pre-packed articles  
   29.     Defences concerning packaging of pre-packed articles  
   30.     Restrictions on use of certain expressions on packages  
   31.     Incorrect pricing of pre-packed article  
   32.     Offence of packing or selling short measure  
   33.     Extent of deficiency necessary to constitute short measure  
   34.     Defences concerning short measure  
   35.     Seller's general defence  
   36.     Employee's general defence  
   37.     Regulations concerning methods of measurement  
   38.     Administering authority may issue permits  
   39.     Requirements for issue  
   40.     Cancellation of permits  
   41.     Recognition of permits under corresponding laws  

   PART VI--LICENSING

   42.     Requirement for servicing licence  
   43.     Requirement for public weighbridge licence  
   44.     Application for licence  
   45.     Grounds for refusal  
   46.     Licensee to be allotted a mark  
   47.     Register of licences  
   48.     Conditions may be imposed on licences  
   49.     Conditions on all servicing licences  
   50.     Conditions on all public weighbridge licences  
   51.     Conditions need not be endorsed on licence  
   52.     Periodic licence fee  
   53.     Cancellation for non-payment of licence fee  
   54.     Surrender etc. of licence  
   55.     Order preventing employment of certain persons  
   56.     Grounds for disciplinary action  
   57.     Notice to licensee of grounds for disciplinary action  
   58.     Taking of disciplinary action  
   59.     A person may appeal to the Australian Capital Territory Administrative Appeals Tribunal against a decision of the licensing authority—  

   PART VII--INSPECTORS POWERS OF ENTRY ETC.

   60.     (1) For the purpose of investigating an offence against this Act that the inspector reasonably believes has been committed, or for the purpose of exercising any function of an inspector under this Act, an inspector may at any reasonable time—  
   61.     Powers in relation to measuring instruments  
   62.     Powers in relation to articles  
   63.     Pre-packed articles—special powers  
   64.     Return etc. of seized property  
   65.     Obstruction etc. of inspector  
   66.     Self-incrimination  
   67.     Inspector's certificate of authority to be produced  

   PART VIII--MISCELLANEOUS INCREASED PENALTY FOR BODY CORPORATE

   68.     The maximum penalty for an offence under a provision of this Act committed by a body corporate is a fine that is 5 times the fine provided for in the provision as the penalty.  
   69.     Compensation for loss caused by offence  
   70.     Recovery of compensation amount  
   71.     Offence by employee—liability of employer  
   72.     Offence by body corporate—liability of directors etc.  
   73.     False or misleading statements  
   74.     Evidence—signature of administering authority  
   75.     Certificate evidence  
   76.     Evidence—pre-packed articles  
   77.     Packaged article presumed to be pre-packed in certain circumstances  
   78.     Evidence—use of measuring instrument for trade  
   79.     Records—English language  
   80.     Repeal  
   81.     Regulations