Australian Capital Territory Numbered Regulations

TRADE MEASUREMENT (PRE-PACKED ARTICLES) REGULATIONS (NO. 29 OF 1991)

TABLE OF PROVISIONS

   PART I--PRELIMINARY CITATION 1. THESE REGULATIONS MAY BE CITED AS THE TRADE MEASUREMENT (PRE-PACKED ARTICLES) REGULATIONS.

   2.      In these Regulations, unless the contrary intention appears—“approved printing device” means a printing device that conforms to a pattern in relation to which there is in force under the National Measurement (Patterns of Instruments) Regulations of the Commonwealth a certificate that approves the use of the device for trade; “characters” includes letters, figures and symbols; “main display part”, in relation to a package, means—  
   3.      In these Regulations, unless the contrary intention appears—“cheese” and “cheese products” do not include articles for sale as processed cheese or cheese spreads; “compressed or liquefied gas” does not include liquefied petroleum gas; “cream” does not include clotted cream or sour or cultured cream; “dried or dehydrated fruit” includes glacé and crystallised fruit and fruit peel; “dried or dehydrated mixed fruit” includes any such fruit mixed with nuts; “garden landscape material” means soil, pebbles, crushed tile, crushed white quartz, Grawin gravel, crushed western red, crushed snowflake, New Zealand lava scoria, Pacific coral, river stones, crushed material mix and any like substance for use in gardens; “ice cream” includes any form of frozen confection containing ice cream, flavoured ice, fruit-ice, water-ice or a substitute for ice cream; “liquid chemicals” includes solvents packed for sale for pharmaceutical, laboratory or industrial use; “paint” includes enamel but does not include a two-pack paint, artists' paint or powder coatings; “poultry” means any kind of bird used for human consumption, whether it is cooked or uncooked or consists of poultry pieces; “poultry piece” means leg, wing, breast or other part detached from a poultry carcase and any division of a poultry carcase; “resins” includes natural resins, synthetic resins and polymeric materials other than paint; “therapeutic goods” means goods for therapeutic use within the meaning of the Therapeutic Goods Act 1966 of the Commonwealth; “tobacco” includes plug tobacco.  
   4.      (1) A package containing an article specified in Schedule 1 is exempt from the operation of Parts II and III in the circumstances specified in that Schedule in relation to the article or, if no circumstances are specified, in all circumstances.  
   5.      (1) A package containing paper that is a package to which this regulation applies—  
   6.      A requirement of these Regulations as to the marking of a package containing a pre-packed article applies to both the immediate package containing the article and any other package containing that package (whether or not with other packages) unless the provision that imposes the requirement otherwise provides.  
   7.      A requirement of these Regulations as to the marking of a package does not apply to—  

   PART II--MARKING OF NAME AND ADDRESS

   8.      (1) When a pre-packed article is packed or sold, the package containing the article must be marked with the name and address of the person who packed the article or on whose behalf it was packed.  
   9.      (1) Regulation 8 does not apply to—  

   PART III--MARKING OF MEASUREMENT

   10.     (1) When a pre-packed article is packed or sold, the package containing the article must be marked with a statement of the measurement of the article.  
   11.     (1) The measurement marking on a package must be made—  
   12.     (1) The required measurement marking must—  
   13.     (1) The characters used in a measurement marking must be clear and—  
   14.     (1) Except for an article specifically provided for by subregulation (2), the measurement marking of an article must be expressed as follows:  
   15.     (1) If a measurement marking includes a fraction of a unit of measurement, it must be expressed as a decimal sub-multiple of the unit.  
   16.     If a measurement marking is made by an approved printing device—  
   17.     (1) A marking on the package containing a pre-packed article of the measurement of the article (whether or not for the purposes of these Regulations) must not be made by reference to minimum measurement unless—  
   18.     The measurement marking of a pre-packed article containing eggs must be made—  
   19.     Pre-packed aluminium foil, facial tissues, toilet paper and waxed paper are articles that do not require a measurement marking on the package if the number of usable sheets of specified dimensions is marked on the package as if the number and dimensions marked were a measurement marking.  
   20.     If 45 or fewer packages of an article that is ordinarily sold by mass have a total mass of 1 tonne, the measurement marking of the mass of the article may be made on each package by referring to the number of packages to the tonne in such a manner as to imply that the mass of each package is 1 tonne divided by that number.  
   21.     (1) The measurement marking relating to—  
   22.     The measurement marking relating to window curtains designed to cross over when hung in pairs must be expressed in terms of the finished size of the maximum width, and the maximum drop, of each curtain.  
   23.     If a measurement marking may be made in terms of the length of an article, the marking shall include any measurement of the thickness or width of the article, or both, that bears a direct relationship to the price of the article.  
   24.     (1) This regulation applies to 2 or more pre-packed articles of the same kind and apparently with the same measurement—  
   25.     (1) This regulation applies to a pre-packed article consisting of an article contained in a package (the “inner package”) that is contained in another package (the “outer package”).  
   26.     (1) This regulation applies to a pre-packed article consisting of a package (the “outer package”) containing at least 2 articles of which at least 1 is a pre-packed article, but does not apply in a case to which regulation 24 applies.  
   27.     (1) This regulation applies to pre-packed—  

   PART IV--PROHIBITED AND RESTRICTED EXPRESSIONS

   28.     (1) This regulation applies to bar soaps, cotton wool, flax, glauber salts, jute, manila, fresh mushrooms, oven-baked animal biscuits, personal deodorant tablets, personal soap tablets (whether medicinal or toilet), sisal, soap flakes, soap powder (excluding detergent powders), tobacco, washing soda and whole hams.  
   29.     A package containing pre-packed yarn or cotton wool that is not a hermetically sealed package may be marked with the words “net mass at standard condition” or with other words that have a similar meaning to those words if—  
   30.     (1) For the purposes of section 30 of the Act, the expression “gross mass” and any other expression that has a similar meaning to that expression are restricted expressions.  
   31.     For the purposes of section 30 of the Act, the following are prohibited expressions:  

   PART V--SHORT MEASURE

   32.     (1) This Part makes provision for the deficiency in actual measurement and average measurement of pre-packed articles permitted under section 33 of the Act before the actual measurement of a pre-packed article is to be regarded as being less than the measurement marked on the package.  
   33.     If the package containing a pre-packed article is, in accordance with regulation 31, marked “mass when packed” or with other words that have a similar meaning to those words—  
   34.     (1) If the package containing a pre-packed article is, in accordance with these Regulations, marked “mass at standard condition” or with other words that have a similar meaning—  
   35.     If the package containing a pre-packed article is not one to which regulation 37 or 38 applies—  
   36.     (1) For the purposes of section 33 of the Act and this Part, the average of the actual measurements of a number of like articles shall be determined by calculating the average of the measurements of the contents of at least 12 packages or, if less than 12 are available, of such number (not less than 6) as is available.  

   PART VI--MISCELLANEOUS

   37.     For the purposes of the Act and these Regulations, the mass of frozen scallops packed as a pre-packed article shall be determined as follows:  
   38.     An application for a permit under section 38 of the Act for the sale of an article must—  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3