New South Wales Repealed Acts

This legislation has been repealed.

TRADE MEASUREMENT ACT 1989

- As at 1 July 2010 
- Act 233 of 1989 

TABLE OF PROVISIONS

           Long Title

   PART I - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Determining certain quantities
   3B.     References to functions
   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
   7A.     Use of class 4 measuring instruments
   7B.     Use of measuring instruments for pre-packed articles
   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

   22.     Measurement must be open to scrutiny in certain cases
   23.     Incorrect measurement or price calculation
   24.     Variation of quantity ordered
   25.     Special provisions for sale of meat
   25A.    Special provision for sale of firewood by volume
   26.     Articles required to be sold by specific measurement
   27.     Presumptions concerning mass of vehicles

   PART V - PRE-PACKED ARTICLES

           Division 1 - Requirements for packaging and sale of pre-packed articles

   28.     Requirements as to 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

           Division 2 - Permit to sell certain pre-packed articles

   38.     Administering authority may issue permits
   39.     Requirements for issue
   40.     Cancellation of permits
   41.     Recognition of permits under corresponding laws

   PART VI - LICENSING

           Division 1 - Requirements for licences

   42.     Requirement for servicing licence
   43.     Requirement for public weighbridge licence

           Division 2 - Granting of licences

   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
   52A.    Continuation of weighbridge suitability statement in particular circumstances
   52B.    If weighbridge no longer suitable for use as public weighbridge
   53.     Cancellation for non-payment of licence fee
   54.     Surrender etc of licence
   54A.    Effect of relocation of licensed weighbridge
   54B.    Application to change licence holders due to change of partnership
   54C.    Effect on licence of application under s 54B
   54D.    Application to amend condition of licence
   55.     Order preventing employment of certain persons

           Division 3 - Disciplinary action against licensees

   56.     Grounds for disciplinary action
   57.     Notice to licensee of grounds for disciplinary action
   58.     Taking of disciplinary action

           Division 4 - Reviews by the Administrative Decisions Tribunal

   59.     Rights of review

   PART VII - INSPECTORS

   60.     Powers of entry etc
   61.     Powers in relation to measuring instruments
   62.     Powers in relation to articles
   63.     Pre-packed articles--special powers
   64.     Return, disposal or forfeiture of seized property
   65.     Obstruction etc of inspector
   66.     Self-incrimination
   67.     Inspector's certificate of authority to be produced

   PART VIII - MISCELLANEOUS

   68.     Penalties in provisions
   69.     Increased penalty for body corporate
   70.     Compensation for loss caused by offence
   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 Minister, 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.     Regulations
   81.     Special provisions--application of Act in the State

   PART IX - TRANSITIONAL PROVISIONS FOR TRADE MEASUREMENT LEGISLATION AMENDMENT ACT 2007

   82.     Certificates of suitability
   83.     Existing licensed public weighbridges
           Schedule 1 (Repealed)