Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 20

  (1)   The Governor - General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:

  (aa)   providing for the verification of standards of measurement; and

  (a)   providing for or in relation to the issuing of certificates in respect of the verification of standards of measurement, for the reception in evidence of a document purporting to be such a certificate and for such a certificate to be prima facie evidence of the matters stated in it; and

  (aaa)   providing for the provision, maintenance, custody and care of standards of measurement; and

  (b)   providing that a reference standard of measurement of a particular denomination that was found, upon verification, not to be greater or less than that denomination by an amount exceeding an amount specified in the regulations is, unless otherwise stated in the certificate issued in respect of the verification of the standard, to be deemed to be of a value equal to its denomination; and

  (c)   providing for the certification of reference materials; and

  (d)   providing for the certification of measuring instruments; and

  (e)   providing for or in relation to the issuing of certificates in respect of the certification of reference materials or measuring instruments, for the reception in evidence of a document purporting to be such a certificate and for such a certificate to be prima facie evidence of the matters stated in it; and

  (ea)   providing for or in relation to the issuing of certificates in respect of measurements of an article, for reception in evidence of a document purporting to be such a certificate and for such a certificate to be prima facie evidence of the matters stated in it; and

  (f)   prescribing classes of utility meters that are exempt utility meters; and

  (g)   providing for sampling plans for utility meter verification; and

  (h)   providing for the positioning of, and access to, utility meters in order to facilitate their use for trade and their verification; and

  (i)   providing for the Commonwealth to audit the verification of utility meters used for trade undertaken by utility meter verifiers and the provision of labour, facilities and equipment for those purposes; and

  (j)   providing for the verification of measuring instruments used for trade; and

  (ja)   providing for the positioning of, and access to, measuring instruments in order to facilitate their use by a person for trade, their examination by a verifier and their verification; and

  (jb)   providing for the sealing of a measuring instrument that has been verified; and

  (jc)   providing for quality assurance for measuring instruments used by persons for trade, and the provision of labour, facilities and equipment for that purpose; and

  (jd)   providing for matters applicable to weighbridges, whether or not public weighbridges, including their installation, functioning, operation, examination, testing, suitability and use; and

  (je)   providing for the functions of operators of public weighbridges; and

  (jf)   regulating the advertising of articles (including articles packed in advance ready for sale) in so far as the advertising relates to measurement; and

  (jg)   providing for the keeping of records relating to measuring instruments and articles or utilities sold, or to be sold, by measurement; and

  (k)   prescribing a fee for applications; and

  (l)   prescribing a fee for activities undertaken in respect of:

  (i)   the examination and certification of patterns of measuring instruments; and

  (ii)   the verification of measuring instruments used for trade; and

  (iii)   the issue of a certificate in relation to the verification of a measuring instrument used for trade; and

  (iv)   the issue of a permit for a packed article under Division   5 of Part   VI; and

  (m)   providing for the time for payment of a fee; and

  (n)   prescribing appropriate limits of error for a measuring instrument for the purposes of the definition of measuring instrument gives an inaccurate measurement ; and

  (o)   prescribing the re - verification period for a class of measuring instrument; and

  (p)   prescribing AQS marks; and

  (q)   prescribing AQS thresholds for the purposes of Subdivision   3 - C of Division   3 of Part   VI; and

  (t)   prescribing the circumstances in which a group of packages is taken to have failed testing in accordance with AQS test procedures; and

  (x)   prescribing national test thresholds for the purposes of Subdivision   4 - B of Division   4 of Part   VI; and

  (y)   prescribing the circumstances in which a group of packages is taken to have failed testing in accordance with national group test procedures; and

  (z)   prescribing the circumstances in which a package is taken to have failed testing in accordance with national single article test procedures; and

  (za)   provide for the issue of infringement notices that specify penalties of no more than 5 penalty units for specified offences against the regulations.

  (2)   The regulations may set a fee mentioned in subsection   (1) by setting the amount of the fee or a way of working out the fee.

  (3)   A fee mentioned in subsection   (1) must not be such as to amount to taxation.