Contents (1989 - 233)
Trade Measurement Act 1989 No 233
Status information

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)

Historical notes