Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"approved pattern" , in relation to a measuring instrument, means a pattern approved for the measuring instrument under section 19A that:
(a) is currently in force; or
(b) has expired or been cancelled (but not withdrawn) and was in force when the measuring instrument was manufactured.
"AQS mark" has the meaning given by section 18JJ.
"AQS sampling procedures" are sampling procedures determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 3 - C of Division 3 of Part VI.
"AQS test procedures" are test procedures determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 3 - C of Division 3 of Part VI.
"AQS threshold" is the threshold prescribed for the purposes of Subdivision 3 - C of Division 3 of Part VI.
"article" includes a substance.
"Australia" includes the external Territories.
"Australian certified reference material" means a reference material that has been certified in accordance with the regulations and for which the certification is in effect.
"Australian legal unit of measurement" means:
(a) a unit of measurement prescribed for the purposes of subsection 7A(1); or
(b) a unit of measurement derived by the application of guidelines issued by the Chief Metrologist under section 7B, or 2 or more successive applications of those guidelines.
"Australian primary standard of measurement" means a standard of measurement that is maintained, or caused to be maintained, by the Chief Metrologist as an Australian primary standard of measurement for the purposes of subsection 8(1).
"Australian secondary standard of measurement" means a standard of measurement that is maintained, or caused to be maintained, by the Chief Metrologist as an Australian secondary standard of measurement for the purposes of subsection 8(2) and that has been verified, in accordance with the regulations, by means of, by reference to, by comparison with or by derivation from an Australian primary standard of measurement.
"automated packing machine" means a machine that follows a pre - determined program for automatically measuring articles in pre - determined quantities as part of the packing process.
"business premises" means premises or a part of premises:
(a) used for the importation, packing, storage or sale of articles or utilities sold, or to be sold, by measurement; or
(b) on which a measuring instrument is used for trade; or
(c) used for activities incidental to the uses mentioned in paragraph (a) or (b);
but does not include premises or a part of premises occupied as a residence or for residential accommodation.
"business vehicle" means a vehicle:
(a) used for the transportation of articles or utilities sold, or to be sold, by measurement (whether packed in advance ready for sale or otherwise); or
(b) on which a measuring instrument is used for trade; or
(c) used for the measurement of articles or utilities sold, or to be sold, by measurement; or
(d) used for activities incidental to the uses mentioned in paragraph (a), (b) or (c).
"certified measuring instrument" means a measuring instrument that has been certified in accordance with the regulations and for which the certification is in effect.
"Chief Metrologist" means the Chief Metrologist mentioned in section 18A.
"Commonwealth authority" means a body corporate established for a public purpose by or under a law of the Commonwealth.
"component" : a thing is a component of another thing (the instrument ) by means of which a measurement may be made where:
(a) the instrument is designed or constructed so as to include the thing, or have the thing associated with it, but the thing need not form part of the instrument; and
(b) the thing is designed or intended to do any or all of the following:
(i) convert the result of a measurement by the instrument;
(ii) calculate number, tax or price by reference to the result of a measurement by the instrument;
(iii) correct the result of a measurement by the instrument;
(iv) provide or repeat information relating to the result of a measurement by the instrument or a result of the conversion or calculation described in subparagraph (i) or (ii);
(v) control the measurement process carried out by the instrument;
(vi) convert a physical quantity into another physical quantity.
"controller" , in relation to premises, a part of premises or a vehicle, means the person apparently in control of the premises, the part of the premises or the vehicle.
"earlier corresponding law" means any of the following:
(a) the Trade Measurement Act 1989 of New South Wales;
(b) the Trade Measurement Administration Act 1989 of New South Wales;
(c) the Trade Measurement Act 1995 of Victoria;
(d) the Trade Measurement (Administration) Act 1995 of Victoria;
(e) the Trade Measurement Act 1990 of Queensland;
(f) the Trade Measurement Administration Act 1990 of Queensland;
(g) the Trade Measurement Act 2006 of Western Australia;
(h) the Trade Measurement Administration Act 2006 of Western Australia;
(i) the Trade Measurement Act 1993 of South Australia;
(j) the Trade Measurement Administration Act 1993 of South Australia;
(k) the Trade Measurement Act 1999 of Tasmania;
(l) the Trade Measurement (Tasmania) Administration Act 1999 of Tasmania;
(m) the Trade Measurement Act 1991 of the Australian Capital Territory;
(n) the Trade Measurement (Administration) Act 1991 of the Australian Capital Territory;
(o) the Trade Measurement Act of the Northern Territory;
(p) the Trade Measurement Administration Act of the Northern Territory;
and includes the regulations made under those Acts.
"evidential material" means any of the following:
(a) any thing with respect to which an offence against this Act has been committed or is suspected, on reasonable grounds, to have been committed;
(b) any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence;
(c) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
"fuel tax credit" has the same meaning as in the Fuel Tax Act 2006 .
"inspector's mark" means the mark allotted to a trade measurement inspector by the Secretary under subsection 18MA(5).
"interest in land" includes an interest by way of stratum title (by whatever name known), an interest by way of strata title (by whatever name known) and a time - sharing interest in land (by whatever name known).
"like article" , in relation to a notice to remedy, has the meaning given by subsection 18MMA(7).
"made available as a public weighbridge" has the meaning given by section 3A.
"marked" : something is marked on a package if:
(a) it is marked on the package itself; or
(b) it is marked on a label attached to or enclosed with, but visible within, the package.
"marking a measuring instrument with a verification mark" has the meaning given in subsection (5).
"material measure" means a thing designed or intended to conserve or reproduce, in a permanent manner during the use of the thing, one or more known values of a physical quantity.
"measurement" means a determination of number or physical quantity, other than for descriptive purposes only.
"measuring instrument" means:
(a) a thing by means of which a measurement may be made; or
(b) a component of such a thing.
"measuring instrument gives an inaccurate measurement" has the meaning given in subsection (6).
"measuring instrument with an approved pattern" means a measuring instrument a pattern of which has been approved under this Act.
"metric system of measurement" means measurement in terms of:
(a) the units comprised in the International System of Units for the time being approved by the General Conference on Weights and Measures;
(b) units decimally related to those units and for the time being so approved.
"national group test procedures" are test procedures with respect to groups of packages determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 4 - B of Division 4 of Part VI.
"national instrument test procedures" are procedures for testing measuring instruments determined by the Chief Metrologist under subsection 18GG(2).
"national sampling procedures" are sampling procedures determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 4 - B of Division 4 of Part VI.
"national single article test procedures" are test procedures with respect to single packages determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 4 - B of Division 4 of Part VI.
"national test threshold" is the threshold prescribed for the purposes of Subdivision 4 - B of Division 4 of Part VI.
"net measurement" , in relation to an article, means the measurement of the article disregarding any packaging or other thing that is not part of the article.
"notice to remedy" has the meaning given by subsection 18MMA(2).
"obliterate" , in respect of a verification mark, means destroy, or remove and destroy, a verification mark.
"package" includes:
(a) a container, wrapper, confining band or other thing in which an article is packed, or 2 or more articles are packed, for sale as a single item; and
(b) anything around which an article is wound or wrapped, or 2 or more articles are wound or wrapped, for sale as a single item.
"packed in advance ready for sale" has the meaning given by section 18HA.
"pattern" , in relation to a measuring instrument, includes a sample of the measuring instrument.
"premises" means:
(a) an area of land or any other place, whether or not it is enclosed or built on; or
(b) a building or other structure.
"public weighbridge" means a weighbridge that is made available as a public weighbridge.
"public weighbridge licence" means a licence granted under section 18PB.
"public weighbridge licensee" means a person to whom a licence is granted under section 18PB.
"recognized-value standard of measurement" means a standard of measurement that the Chief Metrologist has, under section 8A, determined shall be a recognized - value standard of measurement.
"reference material" means a material whose properties are used for the calibration of measuring instruments, the assessment of a measuring method or for assigning values to materials.
"reference standard of measurement" means a standard of measurement (other than an Australian primary standard of measurement, an Australian secondary standard of measurement, a recognized - value standard of measurement or a State primary standard of measurement) that has been verified in accordance with the regulations and for which the verification is in effect.
"remedy period" , for a notice to remedy, means the period specified in the notice under paragraph 18MMA(3)(e).
"residential premises" means premises, or a part of premises, that is occupied as a residence or for residential accommodation.
"Secretary" means the Secretary of the Department.
"seize" includes secure against interference.
"sell" includes barter or exchange.
"servicing licence" means a licence granted under section 18NB.
"servicing licensee" means a person to whom a licence is granted under section 18NB.
"servicing licensee's mark" means the mark approved by the Secretary for use by or on behalf of a servicing licensee in verifying measuring instruments.
"shortfall" , in relation to an article packed in advance ready for sale that is not marked with an AQS mark, has the meaning given by section 18JR.
"standard of measurement" means:
(a) a material measure, measuring instrument or measuring system designed or intended to define, realise, conserve or reproduce:
(i) a unit of measurement of a physical quantity; or
(ii) one or more known values of a physical quantity;
in order to transmit that unit or those values to measuring instruments by way of comparison; or
(b) a formula designed or intended to define the magnitude of a physical quantity.
"State or Territory officer" means a person who, whether on a full - time basis or a part - time basis and whether in a permanent capacity or otherwise:
(a) is in the service or employment of a State or Territory or an authority of a State or Territory; or
(b) holds or performs the duties of any office or position established by or under a law of a State or Territory.
"State primary standard of measurement" means a standard of measurement that has been approved by the Chief Metrologist and that is maintained, or caused to be maintained, by a State or Territory and that has been verified under section 9 by means of, by reference to, by comparison with or by derivation from an Australian primary standard of measurement or an Australian secondary standard of measurement.
"this Act" includes the regulations and any other instrument made under a provision of this Act.
"trade measurement inspector" means:
(a) in relation to the exercise of a power or the performance of a function or duty in circumstances prescribed under paragraph 18MA(3)(b)--a person appointed to a class of trade measurement inspectors authorised to exercise that power or perform that function or duty in those circumstances; and
(b) in relation to the exercise of a power or the performance of a function or duty otherwise--a person appointed to a class of trade measurement inspectors authorised to exercise that power or perform that function or duty.
"unit of measurement" includes any word or expression that is used in conjunction with numerical values in order to describe the magnitudes of physical quantities.
"use for trade" : a person uses a measuring instrument for trade if:
(a) the person is actually or apparently in control of the measuring instrument; and
(b) the person uses it, or makes it available for another person to use, for one or more of the following purposes:
(i) determining the consideration in respect of a transaction;
(ii) determining the amount of a tax;
(iii) if the regulations prescribe circumstances in which the use of a measuring instrument for the purpose of determining the amount of a tax credit (including a fuel tax credit) or adjustment is a use for trade --determining an amount of that kind in those circumstances.
"utility" means gas, electricity or water.
"utility meter" means a measuring instrument that is:
(a) a gas meter; or
(b) an electricity meter; or
(c) a water meter.
"utility meter verifier" means a person appointed as a utility meter verifier under section 18RA or 18RH.
"utility meter verifier's mark" means a mark allocated to a person appointed as a verifier in relation to utility meters under section 18RA or 18RH for use by the verifier or its employees (if any), when verifying utility meters.
"vehicle" includes vessel, aircraft and any other means of conveying persons or goods.
"verification" , in relation to a measuring instrument, has the meaning given by section 18GG.
"verification mark" means:
(a) in relation to utility meters--a utility meter verifier's mark; and
(b) in relation to any other measuring instrument:
(i) an inspector's mark; or
(ii) a servicing licensee's mark.
"verifier" :
(a) in relation to utility meters--means a person who is permitted to verify the utility meter under section 18GI; and
(b) in relation to any other measuring instrument--means a person who is permitted to verify the measuring instrument under section 18GH.
"weighbridge" means a measuring instrument that is of a capacity of 3 tonnes or more and has one or more platforms by the use of which the measuring instrument is capable of determining the mass of a vehicle or of livestock.
(2) For the purposes of this Act, time interval not related to the calendar is a physical quantity and time interval so related is not a physical quantity.
(3) A reference in this Act to the verification of a standard of measurement shall be read as including a reference to the reverification of the standard of measurement.
(3A) A reference in this Act to the verification of a utility meter used for trade does not include a reference to the reverification of a utility meter used for trade.
(4) A reference in this Act to an appropriate State authority shall be read as a reference to a Department of State or other authority in a State or Territory having responsibility for matters relating to weights and measures.
(5) A reference in this Act to a person marking a measuring instrument with a verification mark includes the marking of the measuring instrument itself, the affixing of a label to the measuring instrument or the marking of a label affixed to the measuring instrument.
(6) For the purposes of this Act, a measuring instrument gives an inaccurate measurement if the measuring instrument does not operate within the appropriate limits of error that are permitted under the regulations.
(6A) The regulations may prescribe circumstances in which the use of a measuring instrument for the purpose of determining the amount of a tax credit (including a fuel tax credit) or adjustment is a use for trade for the purposes of subparagraph (b)(iii) of the definition of use for trade in subsection (1).
(7) A reference in this Act to a particular provision or group of provisions includes a reference to regulations made under that provision or under any one or more of the provisions of that group of provisions.