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This is a Bill, not an Act. For current law, see the Acts databases.


TRADE MEASUREMENT ADMINISTRATION BILL 2005

                       Western Australia


Trade Measurement Administration Bill 2005

                          CONTENTS


      Part 1 -- Preliminary
1.    Short title                                              2
2.    Commencement                                             2
3.    Act to be read with Trade Measurement Act 2005           2
4.    Terms used in this Act                                   2
5.    Crown bound                                              3
      Part 2 -- Administration
      Division 1 -- The Commissioner
6.    Minister to designate Commissioner and Deputy
      Commissioner                                             4
7.    Judicial notice                                          5
8.    Delegation by Commissioner                               5
      Division 2 -- Inspectors
9.    Inspectors                                               6
10.   Inspectors from other jurisdictions                      6
11.   Supervisory role of Commissioner                         7
12.   Inspectors' certificates of authority                    7
      Division 3 -- General
13.   Information officially obtained to be confidential       7
14.   Protection from liability for wrongdoing                 8
      Part 3 -- Fees and charges
15.   Fees and charges may be prescribed                       9
16.   Fixing of particular fees and charges                   11
17.   Recovery of unpaid fees and charges                     11
18.   Obliteration of marks if fees or charges are not paid   12




                             045--1                            page i
Trade Measurement Administration Bill 2005



Contents



           Part 4 -- Infringement notices
   19.     Definition                                            13
   20.     Prescribed offences                                   13
   21.     Modified penalties                                    13
   22.     Giving of notice                                      13
   23.     Contents of notice                                    13
   24.     Extension of time                                     14
   25.     Withdrawal of notice                                  14
   26.     Benefit of paying modified penalty                    14
   27.     No admission implied by payment                       15
   28.     Application of penalties collected                    15
           Part 5 -- Search warrants
   29.     Application for search warrant                        16
   30.     Issue of warrant                                      16
   31.     Duration of warrant                                   16
   32.     Execution of warrant                                  16
           Part 6 -- Miscellaneous
   33.     Proceedings                                           18
   34.     Appointment of departmental officers under National
           Measurement Act                                       18
   35.     Regulations                                           18
   36.     Repeal, and savings and transitional provisions       19
   37.     Consequential amendment to Consumer Affairs
           Act 1971                                              19
           Schedule 1 -- Savings and transitional
               provisions                                        20
   1.      Terms used in this Schedule                           20
   2.      Interpretation Act 1984 not affected                  20
   3.      Office-holders under the repealed Act                 20
   4.      Permits for sale of pre-packed articles               20
   5.      Marks of verification                                 21
   6.      Identifying marks under Weights and Measures
           (Exemptions) Regulations 1997                         21
   7.      Provisions for licensing before commencement of
           sections 53 and 54 of the principal Act               21




page ii
                       Trade Measurement Administration Bill 2005



                                                         Contents



8.   Continuation of things done and commenced             23
9.   Further transitional provisions may be made           23




                                                          page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



  Trade Measurement Administration Bill 2005


                               A Bill for


An Act to provide for the administration of the Trade Measurement
Act 2005, to repeal the Weights and Measures Act 1915, to
consequentially amend the Consumer Affairs Act 1971, and for
related purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Trade Measurement Administration Bill 2005
     Part 1        Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This is the Trade Measurement Administration Act 2005.

     2.         Commencement
 5        (1)   Schedule 1 clause 7 comes into operation on the day on which
                this Act receives the Royal Assent.
          (2)   The other provisions of this Act come into operation on a day
                fixed by proclamation.
          (3)   Different days may be fixed under subsection (2) for different
10              provisions.

     3.         Act to be read with Trade Measurement Act 2005
                This Act is to be read as one with the principal Act.

     4.         Terms used in this Act
          (1)   In this Act --
15              "Commissioner" means the person for the time being
                     designated as the Commissioner under section 6;
                "Department" means the department of the Public Service
                     principally assisting the Minister in the administration of
                     this Act and the principal Act;
20              "inspector" means --
                     (a) a person designated as an inspector under
                           section 9(1);
                     (b) subject to section 10(4), a person designated as an
                           inspector under section 10(2); and
25                   (c) the Commissioner as provided by section 9(2);
                "principal Act" means the Trade Measurement Act 2005.
          (2)   Words and expressions in this Act that are defined in the
                principal Act have the same meaning in this Act.

     page 2
                          Trade Measurement Administration Bill 2005
                                         Preliminary          Part 1

                                                                    s. 5



5.   Crown bound
     This Act binds the Crown in right of the State and, so far as the
     legislative power of the Parliament permits, in all its other
     capacities.




                                                                page 3
     Trade Measurement Administration Bill 2005
     Part 2        Administration
     Division 1    The Commissioner
     s. 6



                          Part 2 -- Administration
                         Division 1 -- The Commissioner
     6.         Minister to designate Commissioner and Deputy
                Commissioner
 5        (1)   In this section --
                "executive officer" has the meaning given by section 3(1) of
                    the Public Sector Management Act 1994.
          (2)   The Minister is required to designate a person who is an
                executive officer of the Department as the Commissioner for the
10              purposes of this Act and the principal Act.
          (3)   The person designated under subsection (2) has the functions
                expressed to be given to the Commissioner by or under this Act
                and the principal Act.
          (4)   The Minister is required to designate a person who is an
15              executive officer of the Department as the Deputy
                Commissioner for the purposes of this Act and the principal
                Act.
          (5)   The person designated under subsection (4) has the functions of
                the Commissioner under this Act and the principal Act --
20                (a) during the absence or illness of the Commissioner; or
                  (b) when the Commissioner is otherwise unavailable to
                       perform those functions.
          (6)   The Minister may at any time revoke a designation made under
                subsection (2) or (4) and make another designation in place of
25              that designation.
          (7)   A designation under this section is to be made by order
                published in the Gazette.




     page 4
                                     Trade Measurement Administration Bill 2005
                                                  Administration         Part 2
                                              The Commissioner      Division 1
                                                                            s. 7



     7.         Judicial notice
                All courts, judges and persons acting judicially are to take
                judicial notice --
                  (a) of the official signature of every person who is for the
 5                      time being, or has at any time been, the Commissioner
                        or the Deputy Commissioner; and
                  (b) of the fact that such person holds or has held such office.

     8.         Delegation by Commissioner
          (1)   The Commissioner may delegate to any other officer employed
10              in the Department any power or duty of the Commissioner
                under --
                  (a) a provision of the principal Act; or
                  (b) a provision of this Act other than --
                          (i) this power of delegation; or
15                       (ii) a function or power conferred on the
                              Commissioner by section 23(2)(c), 24 or 25.
          (2)   The delegation must be in writing signed by the Commissioner.
          (3)   A person to whom a power or duty is delegated under this
                section cannot delegate that power or duty.
20        (4)   A person exercising or performing a power or duty that has been
                delegated to the person under this section is to be taken to do so
                in accordance with the terms of the delegation unless the
                contrary is shown.
          (5)   A function performed by a delegate of the Commissioner is
25              taken to be performed by the Commissioner.
          (6)   Nothing in this section limits the ability of the Commissioner to
                perform a function through an officer or agent.




                                                                           page 5
     Trade Measurement Administration Bill 2005
     Part 2        Administration
     Division 2    Inspectors
     s. 9



                               Division 2 -- Inspectors
     9.          Inspectors
           (1)   The Commissioner, by instrument in writing, is to designate as
                 inspectors such officers employed in the Department as the
 5               Commissioner considers to be necessary for the purposes of this
                 Act and the principal Act.
           (2)   The person who is the Commissioner, by virtue of holding or
                 acting in that office, is also an inspector.

     10.         Inspectors from other jurisdictions
10         (1)   In subsection (2) --
                 "corresponding law" means a law of another State or Territory
                      that corresponds with this Act.
           (2)   The Commissioner may also, by instrument in writing,
                 designate as an inspector a person who under a corresponding
15               law has functions similar to those of an inspector designated
                 under section 9(1).
           (3)   A designation under subsection (2) may be --
                  (a) for a specified period;
                  (b) for the purposes of a specified investigation; or
20                (c) for any other specified purpose,
                 or may be subject to 2 or more of those kinds of restrictions.
           (4)   A person designated under subsection (2) has such of the
                 functions of an inspector referred to in section 9 as are specified
                 in the instrument of designation.
25         (5)   The Commissioner may at any time revoke a designation under
                 subsection (2).




     page 6
                                      Trade Measurement Administration Bill 2005
                                                   Administration         Part 2
                                                        General      Division 3
                                                                            s. 11



     11.         Supervisory role of Commissioner
                 An inspector under section 9(1) or 10 is subject to the direction
                 and control of the Commissioner in the performance of the
                 inspector's functions.

 5   12.         Inspectors' certificates of authority
           (1)   The Commissioner is to issue a certificate of authority to each
                 inspector under section 9(1) or 10.
           (2)   The chief executive officer of the Department is to issue a
                 certificate of authority to the Commissioner in his or her
10               capacity as an inspector.
           (3)   A certificate purporting to have been issued under
                 subsection (1) or (2) is, without proof of the signature of the
                 person purporting to have signed it, evidence in a court --
                   (a) of the designation to which the certificate purports to
15                       relate; and
                   (b) of any other matter specified in the certificate.

                                Division 3 -- General
     13.         Information officially obtained to be confidential
           (1)   In this section --
20               "information" means information concerning the affairs of a
                      person;
                 "relevant Act" means this Act, the principal Act or the Act
                      repealed by section 36(1).
           (2)   A person who misuses information obtained by reason of any
25               function that person has, or at any time had, in the
                 administration of a relevant Act commits an offence.
                 Penalty: $20 000.




                                                                               page 7
     Trade Measurement Administration Bill 2005
     Part 2        Administration
     Division 3    General
     s. 14



           (3)   A person misuses information if it is, directly or indirectly,
                 recorded, used, or disclosed to another person, other than --
                   (a) in the course of duty;
                   (b) under a relevant Act;
 5                 (c) for the purposes of the investigation of any suspected
                        offence or the conduct of proceedings against any
                        person for an offence;
                   (d) in a manner that could not reasonably be expected to
                        lead to the identification of any person to whom the
10                      information refers; or
                   (e)   with the consent of the person to whom the information
                         relates, or of each of them if there is more than one.

     14.         Protection from liability for wrongdoing
           (1)   A person is not liable for anything that the person has, in good
15               faith, done in the performance or purported performance of a
                 function under this Act or the principal Act.
           (2)   The State is also relieved of any liability that it might otherwise
                 have had for another person having done anything as described
                 in subsection (1).
20         (3)   The protection given by this section applies even though the
                 thing done as described in subsection (1) may have been
                 capable of being done whether or not this Act or the principal
                 Act had been enacted.
           (4)   In this section, a reference to the doing of anything includes a
25               reference to an omission to do anything.




     page 8
                                Trade Measurement Administration Bill 2005
                                          Fees and charges          Part 3

                                                                          s. 15



                     Part 3 -- Fees and charges
     15.   Fees and charges may be prescribed
           Regulations may be made under section 35 for and with respect
           to the imposition, collection and recovery of fees and charges
 5         for the purposes of this Act and the principal Act, including --
             (a) application fees;
             (b) licence fees;
             (c) fees payable for the issue of --
                      (i) amended licences or certificates; and
10                   (ii) duplicate licences or certificates;
             (d) charges for --
                      (i) the verification and re-verification of measuring
                           instruments; and
                     (ii) the examination and testing of measuring
15                         instruments that fail to comply with the
                           requirements for verification or re-verification;
             (e) fees --
                      (i) payable by the holders of servicing licences; and
                     (ii) determined so as to allow the recovery of the
20                         expenditure involved in relation to the
                           performance of the functions described in
                           section 24(1)(b), (c) and (d) of the principal Act,
                   including a fee payable when the holder of a servicing
                   licence informs the Commissioner under section 20 of
25                 the principal Act that the holder has certified or
                   re-certified a measuring instrument;
              (f) fees payable for the inspection of, or the provision of an
                   extract from, a register referred to in section 24(1)(b) or
                   59(1) of the principal Act;
30           (g) charges for the examination of public weighbridges for
                   suitability;


                                                                        page 9
     Trade Measurement Administration Bill 2005
     Part 3        Fees and charges

     s. 15



               (h)    fees payable for providing --
                         (i) weighbridge suitability statements; and
                        (ii) duplicates of weighbridge suitability statements;
                (i)   charges payable if --
 5                       (i) an inspector keeps an appointment to examine or
                              test a measuring instrument; but
                        (ii) is unable to carry out the examination or testing
                              because the measuring instrument is unavailable
                              or inaccessible or access to it is unreasonably
10                            refused;
                (j)   charges to allow the recovery of the costs, including
                      travelling costs, incurred by an inspector in connection
                      with anything carried out in relation to a measuring
                      instrument for which a charge is payable under
15                    paragraph (d) or (n);
               (k)    charges to allow the recovery of the costs and
                      expenditure involved in connection with the provision
                      by an inspector of technical advice or training relating to
                      any matter provided for by the principal Act;
20              (l)   charges payable if the use of --
                         (i) specified labour; or
                        (ii) specified equipment,
                      provided by the Commissioner is necessary for the
                      performance of the functions of an inspector;
25             (m)    charges payable for the use of --
                         (i) specified equipment; or
                        (ii) specified standards of measurement,
                      provided by the Commissioner;
               (n)    charges payable for the calibration or testing of --
30                       (i) a measuring instrument; or




     page 10
                                     Trade Measurement Administration Bill 2005
                                               Fees and charges          Part 3

                                                                             s. 16



                          (ii)  anything required to be used by the holder of a
                                servicing licence for the purpose of certifying a
                                measuring instrument;
                  (o)   additional charges payable for the late payment of the
 5                      fees and charges referred to in this section; and
                  (p)   charges for the storage by the Commissioner, for the
                        purposes of this Act or the principal Act, of --
                           (i) a measuring instrument; or
                          (ii) anything associated with a measuring instrument,
10                      not collected by a person within the specified period
                        after the person is requested in writing by the
                        Commissioner to collect the instrument or thing.

     16.         Fixing of particular fees and charges
           (1)   The regulations may provide for a fee or charge imposed under
15               section 15(d) to (p) to be calculated --
                   (a) by reference to a period of time; or
                   (b) in any other specified manner.
           (2)   The regulations may provide for a combined fee for a public
                 weighbridge licence and a weighbridge suitability statement in
20               respect of the same period.
           (3)   The regulations may provide for the fee payable under
                 section 64 of the principal Act for a licence to be --
                   (a) a specified amount; or
                   (b) an amount calculated in a specified manner.

25   17.         Recovery of unpaid fees and charges
                 Any fee or charge payable under this Act or the principal Act is
                 recoverable by the Commissioner in a court of competent
                 jurisdiction as a debt due to the Crown.




                                                                          page 11
    Trade Measurement Administration Bill 2005
    Part 3        Fees and charges

    s. 18



    18.       Obliteration of marks if fees or charges are not paid
              Without limiting section 17, if a fee or charge payable in
              relation to a measuring instrument is not paid within the
              prescribed period, an inspector may obliterate any inspector's
5             mark or licensee's mark that the instrument bears.




    page 12
                                       Trade Measurement Administration Bill 2005
                                               Infringement notices        Part 4

                                                                              s. 19



                        Part 4 -- Infringement notices
     19.         Definition
                 In this Part --
                 "prescribed offence" means an offence prescribed under
 5                    section 20.

     20.         Prescribed offences
                 The regulations may prescribe offences against this Act or the
                 principal Act for which an infringement notice may be given
                 under section 22.

10   21.         Modified penalties
           (1)   For each prescribed offence the regulations must prescribe --
                  (a) a modified penalty; or
                  (b) a different modified penalty according to the
                        circumstances of the offence.
15         (2)   The modified penalty for an offence cannot exceed 20% of the
                 maximum penalty that could be imposed for that offence by a
                 court.

     22.         Giving of notice
           (1)   An inspector who has reason to believe that a person has
20               committed a prescribed offence may give an infringement
                 notice to the alleged offender.
           (2)   The notice must be given within 6 months after the alleged
                 offence is believed to have been committed.

     23.         Contents of notice
25         (1)   An infringement notice is to be in the prescribed form.
           (2)   An infringement notice is to --
                  (a) contain a description of the alleged offence;

                                                                           page 13
     Trade Measurement Administration Bill 2005
     Part 4        Infringement notices

     s. 24



                  (b)   specify the amount of the modified penalty for the
                        offence; and
                  (c)   advise the alleged offender that, if he or she does not
                        wish to be prosecuted for the alleged offence in a court,
 5                      that amount may be paid to the Commissioner within
                        28 days after the giving of the notice.
           (3)   The amount referred to in subsection (2)(b) is to be the amount
                 that was the prescribed modified penalty at the time when the
                 alleged offence is believed to have been committed.

10   24.         Extension of time
           (1)   The Commissioner may, in a particular case, extend the period
                 of 28 days within which the modified penalty may be paid.
           (2)   An extension may be granted under subsection (1) either before
                 or after the period of 28 days has elapsed.

15   25.         Withdrawal of notice
           (1)   The Commissioner may, within 60 days after the day on which
                 an infringement notice was given, withdraw the notice by
                 sending to the alleged offender a notice in the prescribed form
                 stating that the infringement notice has been withdrawn.
20         (2)   Subsection (1) applies even if the modified penalty has been
                 paid.
           (3)   If an infringement notice is withdrawn after the modified
                 penalty has been paid, the amount is to be refunded.

     26.         Benefit of paying modified penalty
25         (1)   This section applies if --
                  (a) the modified penalty specified in an infringement notice
                         has been paid within 28 days or such further time as is
                         allowed; and
                  (b) the notice has not been withdrawn.


     page 14
                                      Trade Measurement Administration Bill 2005
                                              Infringement notices        Part 4

                                                                              s. 27



           (2)   The payment prevents --
                  (a) the bringing of proceedings; and
                  (b) the imposition of penalties,
                 to the same extent that they would be prevented if the alleged
 5               offender had been convicted by a court of, and punished for, the
                 alleged offence.

     27.         No admission implied by payment
                 Payment of a modified penalty is not to be regarded as an
                 admission for the purposes of any proceedings, whether civil or
10               criminal.

     28.         Application of penalties collected
                 An amount paid as a modified penalty is to be dealt with as if it
                 were imposed by a court as a penalty for an offence, unless
                 section 25(3) requires that the amount be refunded.




                                                                           page 15
     Trade Measurement Administration Bill 2005
     Part 5        Search warrants

     s. 29



                           Part 5 -- Search warrants
     29.         Application for search warrant
           (1)   An inspector may apply to a justice for a search warrant in
                 respect of any premises.
 5         (2)   The application is to be in writing and is to be made by the
                 inspector in person.

     30.         Issue of warrant
           (1)   The justice may issue a search warrant to the inspector if
                 subsection (2) applies.
10         (2)   The justice must be satisfied by evidence on oath that there are
                 reasonable grounds to suspect that there is in the premises to
                 which the application relates anything with respect to which --
                   (a) an offence under the principal Act is being or has been
                        committed; or
15                 (b) the inspector may exercise a function conferred on the
                        inspector by the principal Act.
           (3)   The justice is to cause a record to be made (on the warrant or
                 otherwise) of the matters of fact on which the justice has relied
                 to justify the issue of the warrant.

20   31.         Duration of warrant
                 A search warrant remains in force for one month from the date
                 of its issue.

     32.         Execution of warrant
           (1)   A search warrant may be executed by the inspector to whom it
25               was issued or by any other inspector.
           (2)   A search warrant authorises an inspector --
                  (a) to enter the premises specified in the warrant using any
                        force that is reasonably necessary to do so; and


     page 16
                                Trade Measurement Administration Bill 2005
                                           Search warrants          Part 5

                                                                       s. 32



            (b)   to exercise in those premises the powers conferred on an
                  inspector by the principal Act.
     (3)   An inspector executing a search warrant --
            (a) may be accompanied by such other persons as are
 5                necessary for the effective exercise of the powers
                  conferred by the warrant, this section or the principal
                  Act; and
            (b) is to produce the warrant for inspection by a person
                  occupying the premises concerned if requested by the
10                person to do so.




                                                                    page 17
     Trade Measurement Administration Bill 2005
     Part 6        Miscellaneous

     s. 33



                             Part 6 -- Miscellaneous
     33.         Proceedings
           (1)   Proceedings for an offence against this Act or the principal Act
                 must be commenced within 3 years after the offence was
 5               committed.
           (2)   Proceedings for an offence against this Act or the principal Act
                 may be taken by --
                   (a) the Commissioner; or
                   (b) any person authorised in writing by the Commissioner to
10                      do so.
           (3)   Unless evidence is given to the contrary, proof is not required in
                 any proceedings for an offence --
                  (a)   of the authority of a person to take the proceedings; or
                  (b)   that a signature on a prosecution notice alleging the
15                      offence is the signature of a person authorised to take
                        the proceedings.

     34.         Appointment of departmental officers under National
                 Measurement Act
                 With the approval of the Minister, the Commissioner or an
20               officer employed in the Department --
                   (a) may hold an appointment made under the National
                         Measurement Act (including regulations made under
                         that Act); and
                   (b) may perform any function conferred on the holder of the
25                       appointment.

     35.         Regulations
           (1)   The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed or that are
                 necessary or convenient to be prescribed for carrying out or
30               giving effect to this Act.

     page 18
                                      Trade Measurement Administration Bill 2005
                                                   Miscellaneous          Part 6

                                                                                s. 36



           (2)   Without limiting the generality of subsection (1), the regulations
                 may make provision with respect to --
                  (a) any matter required or permitted by the principal Act to
                       be prescribed by regulations made under this Act; or
 5                (b) the administration of the principal Act.
           (3)   The regulations may prescribe a penalty not exceeding $2 000
                 for any offence against the regulations.

     36.         Repeal, and savings and transitional provisions
           (1)   The Weights and Measures Act 1915 is repealed.
10         (2)   Schedule 1 has effect to make savings and transitional
                 provisions.

     37.         Consequential amendment to Consumer Affairs Act 1971
           (1)   The amendments in this section are to the Consumer Affairs
                 Act 1971*.
15               [* Reprint 4 as at 9 July 2004.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2004, Table 1, p. 91.]
           (2)   The Schedule is amended as follows:
                  (a) by deleting the item "Weights and Measures Act 1915.";
20                (b) by inserting after the item "Spear-guns Control
                        Act 1955." the following item --
                        " Trade Measurement Act 2005. ".




                                                                           page 19
     Trade Measurement Administration Bill 2005
     Schedule 1    Savings and transitional provisions

     cl. 1



                Schedule 1 -- Savings and transitional provisions
                                                                                    [s. 36]

     1.           Terms used in this Schedule
                  In this Schedule --
 5                "commencement day" means the day on which this Schedule comes
                        into operation;
                  "repealed Act" means the Act repealed by section 36(1).

     2.           Interpretation Act 1984 not affected
                  Nothing in this Schedule limits the application of the Interpretation
10                Act 1984 to the repeal effected by section 36(1).

     3.           Office-holders under the repealed Act
          (1)     The person who, immediately before the commencement day, held
                  office as the chief inspector of weights and measures under section 6
                  of the repealed Act is taken, on and from that day, to have been
15                designated as the Commissioner under section 6(2).
          (2)     A person who, immediately before the commencement day, held
                  office as an inspector of weights and measures under section 6 of the
                  repealed Act is taken, on and from that day, to have been designated
                  as an inspector under section 9(1).
20        (3)     The operation of this clause in relation to a person does not --
                    (a)   unless the person agrees otherwise, affect the person's
                          remuneration or terms and conditions of employment;
                    (b)   prejudice the person's existing or accruing rights;
                    (c)   affect any rights under a superannuation scheme; or
25                  (d)   interrupt continuity of service.

     4.           Permits for sale of pre-packed articles
                  A permit --
                    (a)   granted under section 27F of the repealed Act; and




     page 20
                                    Trade Measurement Administration Bill 2005
                                  Savings and transitional provisions Schedule 1

                                                                                  cl. 5



                  (b)   in force immediately before the commencement day,
                is taken, on and from that day, to be a permit issued under section 49
                of the principal Act.

     5.         Marks of verification
 5              A mark of verification stamped on a measuring instrument under
                section 28(1) or 29(1) of the repealed Act --
                  (a)   is taken, on and from the commencement day, to be an
                        inspector's mark for the purposes of the principal Act; and
                  (b)   continues in effect as provided by section 21(4) or (5) of the
10                      principal Act, as the case may be.

     6.         Identifying marks under Weights and Measures (Exemptions)
                Regulations 1997
                An identifying mark applied to a measuring instrument by an
                approved person in accordance with regulation 4 or 5 of the Weights
15              and Measures (Exemptions) Regulations 1997 --
                  (a)   is taken, on and from the commencement day, to be a
                        licensee's mark for the purposes of the principal Act; and
                  (b)   continues in effect as provided by section 21(4) or (5) of the
                        principal Act, as the case may be.

20   7.         Provisions for licensing before commencement of sections 53 and
                54 of the principal Act
          (1)   In this clause --
                "chief inspector" means the chief inspector of weights and measures
                      under section 6 of the Weights and Measures Act 1915;
25              "licence" means a servicing licence or a public weighbridge licence
                     provided for by Part 6 of the principal Act;
                "pre-commencement period" means the period from the day on
                    which the principal Act receives the Royal Assent until the first
                    day on which both sections 53 and 54 of the principal Act have
30                  come into operation.
          (2)   The purpose of this clause is to enable --
                  (a) applications for licences to be made and decided; and


                                                                               page 21
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     Schedule 1    Savings and transitional provisions

     cl. 6



                 (b)    licensing decisions to be reviewed,
               during the pre-commencement period.
         (3)   During the pre-commencement period the provisions mentioned in the
               Table to this subclause are taken to apply for the purposes of this
 5             clause, to the extent so mentioned, as if they had come into operation.
                                            Table
               1.      the definitions in section 4, and in section 3 of the principal
                       Act, so far as is necessary for the purposes of this clause
               2.      sections 55, 56, 58, 60, 63, 64 and 70 of the principal Act
               3.      section 81 of the principal Act so far as it applies to a decision
                       described in paragraph (a) or (c) of that section
               4.      section 93 of the principal Act so far as it applies to an
                       application for a licence
         (4)   The Governor may make regulations of the kind mentioned in
               section 15(a), (b), (c), (g) and (h) to have effect for the purposes of
               this clause during the pre-commencement period.
10       (5)   Despite section 6, during the pre-commencement period the chief
               inspector has the powers and duties expressed to be vested in the
               Commissioner by the provisions referred to in the Table to
               subclause (3), and to that extent is taken to be the Commissioner.
         (6)   The chief inspector may delegate to any other officer employed in the
15             Department any power or duty referred to in subclause (5), and
               section 8(2) to (6) apply, with all necessary changes, as if references
               to the Commissioner were references to the chief inspector.
         (7)   If a servicing licence is granted for the purposes of section 53 of the
               principal Act during the pre-commencement period it comes into
20             force on the commencement of that section, or on such later day as
               may be specified in the licence.
         (8)   If a public weighbridge licence is granted for the purposes of
               section 54 of the principal Act during the pre-commencement period
               it comes into force on the commencement of that section, or on such
25             later day as may be specified in the licence.




     page 22
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                                   Savings and transitional provisions Schedule 1

                                                                                    cl. 8



     8.         Continuation of things done and commenced
          (1)   If anything done or commenced under the repealed Act before the
                commencement day --
                   (a) still has effect or has not been completed immediately before
 5                       that day; and
                  (b)    could have been done or commenced under this Act or the
                         principal Act if it had been in force at the time the thing was
                         done or commenced,
                then --
10                (c)    the thing done continues to have effect; or
                  (d)    the thing commenced may be completed,
                as if it had been done or commenced under this Act or the principal
                Act, as the case requires.
          (2)   Subclause (1) does not apply to anything in relation to which other
15              provision is made by or under this Schedule.

     9.         Further transitional provisions may be made
          (1)   If there is no sufficient provision made in this Schedule for any matter
                or thing necessary or convenient to give effect to the transition from
                the repealed Act to this Act and the principal Act, that provision may
20              be made by regulations under section 35.
          (2)   If regulations under subclause (1) provide that a state of affairs is
                taken to have existed, or not to have existed, on and from a day that
                is --
                  (a)    earlier than the day on which the regulations are published in
25                       the Gazette; but
                  (b)    not earlier than the day on which this Schedule came into
                         operation,
                the regulations have effect according to their terms.
          (3)   A provision referred to in subclause (2) does not operate so as --
30                (a) to affect in a manner prejudicial to any person (other than the
                        State) the rights of that person existing; or



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Schedule 1    Savings and transitional provisions

cl. 9



            (b)   to impose liabilities on any person (other than the State) in
                  respect of anything done or omitted to be done,
          before the day of publication of the regulations.




 


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