Commonwealth Numbered Regulations Commonwealth Numbered RegulationsI, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Measurement Act 1960.
Dated 7 September 2009
QUENTIN BRYCE
Governor-General
By Her Excellency's Command
KIM CARR
Contents
Part 1 Preliminary 11
1.1 Name of Regulations 11
1.2 Commencement 11
1.3 Application of Regulations -- wine labelling 11
1.4 Interpretation 11
1.5 Certain articles must be sold by measurement -- meat 16
Part 2 Measuring instruments and material measures used for trade 20
Division 2.1 Offences for use of a measuring instrument for trade 20
2.1 Use of measuring instrument must not contravene any other provision 20
2.2 Measuring instrument used to measure mass not to be held or suspended from hand 20
2.3 Certain measuring instruments only to be used for specific use 21
2.4 Certain measuring instruments only to be used with specified proportional masses 21
2.5 Measuring instrument fitted with tare bar not to be used in certain circumstances 22
2.6 Person must not use measuring instrument to determine mass greater than permitted 22
2.7 Person must not use certain masses to determine mass of particular items 23
2.8 Metric carat masses only to be used to measure mass of precious stones 23
2.9 Proportional mass to be readily identifiable with measuring instrument 24
2.10 Certain masses only to be used by particular certificate holders 24
2.11 Use of measuring instrument fitted with load receptor 25
2.12 Measuring instrument fitted with load receptor 25
2.13 Movement of load receptor must not foul measuring instrument 26
2.14 Measuring instrument fitted with certain load receptor 26
2.15 Person must not alter verification scale interval of marked measuring instrument 27
2.16 Measuring instrument not to be used for trade if verification scale interval altered 27
2.17 Measuring instrument of approved pattern designed for measuring liquid 28
2.18 Person in possession of certain measuring instrument must ensure measuring instrument is artificially illuminated 28
2.19 Person who makes certain measuring instrument available must ensure measuring instrument is artificially illuminated 29
2.20 Flowmeter fitted with zero re‑setting device must be reset before use for trade 29
2.21 Flowmeter fitted with zero re‑setting device must be reset before being made available for use for trade 30
2.22 Fuel dispenser used for trade to measure a liquid or gaseous product 30
2.23 Fuel dispenser made available for use for trade to measure liquid or gaseous product 31
2.24 Certain measuring instruments not to be used for trade to measure diamonds or precious stones 31
2.25 Certain measuring instruments not to be used for trade to measure precious metals 32
2.26 Batch tested glass measure must remain in custody of manufacturer or importer unless certain conditions apply 33
2.27 Use of class 4 measuring instruments 33
Division 2.2 Verification, reverification and in-service inspection 34
2.28 Verifying and marking measuring instruments 34
2.29 Verifying and marking material measure 34
2.30 Certain measuring instruments not to be verified 35
2.31 Measuring instrument to be clean 36
2.32 Testing of measuring instrument 36
2.33 Testing and marking a measure of length 37
2.34 Exemption from reverification 37
2.35 Inspector may direct controller to dismantle measuring instrument 37
2.36 Inspector may direct controller to provide and pay for certain items 38
Division 2.3 Batch testing and marking -- glass measures 39
2.37 Definitions for Division 2.3 39
2.38 Secretary may approve batch testing and marking 39
2.39 Batch testing requirements 40
2.40 Servicing licensee to keep records 41
Division 2.4 Servicing licences and licensees 41
2.41 Prescribed fee -- application for servicing licence (Act s 18NA (3) (b)) 41
2.42 Prescribed particulars (Act s 18NF) 42
2.43 Prescribed conditions (Act s 18NH (j)) 43
2.44 Prescribed fee -- application to amend condition of servicing licence (Act s 18NI (2) (b)) 48
2.45 Prescribed fee -- application to amend servicing licensee due to change of partnership (Act s 18NJ (3) (d)) 48
2.46 Prescribed fee -- application for renewal of servicing licence (Act s 18NK (2) (b)) 49
Part 3 Weighbridges used for trade 50
Division 3.1 General 50
3.1 Application of Part 3 50
3.2 Location of weighbridge 50
3.3 Visibility on weighbridge 50
3.4 Approach to weighbridge 51
3.5 Platform of weighbridge -- composition 51
3.6 Pit of weighbridge 52
3.7 Weighbridge without pit 52
3.8 Weighbridge with electrical or electronic devices 53
3.9 Weighbridge with more than 1 platform 53
3.10 Portable weighbridge 54
3.11 Use of weighbridge to determine end‑and‑end measurement 54
Division 3.2 Public weighbridges 55
3.12 Prescribed fee -- application for public weighbridge licence (Act s 18PA (3) (b)) 55
3.13 Prescribed fee -- application to amend condition of public weighbridge licence (Act s 18PI (2) (b)) 55
3.14 Prescribed fee -- application to amend public weighbridge licence due to change of partnership (Act s 18PJ (3) (d)) 55
3.15 Prescribed fee -- application to contract out public weighbridge operation (Act s 18PK (3) (d)) 56
3.16 Prescribed fee -- application for renewal of public weighbridge licence (Act s 18PL (2) (b)) 56
3.17 When use of weighbridge is taken not to be use of a public weighbridge 56
3.18 Secretary may require inspection report 56
3.19 Display requirements -- sign at public weighbridge 57
3.20 When licensee must withdraw public weighbridge from use and notify Secretary 57
3.21 Public weighbridge licensee may refuse measurement request 58
3.22 Platform of public weighbridge to be kept clean 58
3.23 Space between frame and platform must be kept free from obstructions 59
3.24 Weight recorded by public weighbridge without load to be kept accurately at zero 59
3.25 Public weighbridge licensee must ensure operator determines measurement with appropriate care 60
3.26 Measurement tickets -- general requirements 60
3.27 Measurement tickets -- requirements of public weighbridge licensee 60
3.28 Public weighbridge licensee must ensure certain measurement tickets produced to relevant person 61
3.29 Public weighbridge licensee must not remove or alter original measurement ticket 62
3.30 Public weighbridge licensee must not allow another person to remove or alter original measurement ticket 63
3.31 Public weighbridge licensee must not remove or alter unissued copy measurement ticket 63
3.32 Public weighbridge licensee must not allow another person to remove or alter unissued copy measurement ticket 64
3.33 Public weighbridge licensee must not delete or alter electronic record included in measurement ticket 64
3.34 Public weighbridge licensee must not allow another person to delete or alter electronic record included in measurement ticket 65
3.35 Public weighbridge licensee must not dispose of or alter printed version of original measurement ticket 65
3.36 Public weighbridge licensee must not allow another person to dispose of or alter printed version of original measurement ticket 66
3.37 Public weighbridge licensee must provide certain information to the Secretary 67
3.38 Public weighbridge licensee must not knowingly permit or assist person to engage in fraudulent conduct 68
3.39 Public weighbridge licensee must notify Secretary of fraudulent conduct related to measurement using weighbridge 68
3.40 Public weighbridge licensee must not knowingly engage in certain conduct related to false representation 69
3.41 Public weighbridge licensee to ensure issue of measurement ticket in approved form 69
3.42 Inspector may direct operator to measure vehicle 70
3.43 Measurement tickets -- certain requirements to be met by operator 71
3.44 Operator must issue copy of original measurement ticket to relevant person if certain conditions met 75
3.45 Operator must not use public weighbridge for public weighing in certain circumstances 76
3.46 Operator must not issue original measurement ticket 77
3.47 Operator must issue correct copy of original measurement ticket 77
3.48 Operator must not remove or alter original measurement ticket 77
3.49 Operator must not allow another person to remove or alter original measurement ticket 78
3.50 Operator must not remove or alter unissued copy measurement ticket 78
3.51 Operator must not allow another person to remove or alter unissued copy measurement ticket 79
3.52 Operator must not delete or alter electronic record included in measurement ticket 79
3.53 Operator must not allow another person to delete or alter electronic record included in measurement ticket 80
3.54 Operator must not dispose of or alter printed version of original measurement ticket 81
3.55 Operator must not allow another person to dispose of or alter printed version of original measurement ticket 81
3.56 Operator must not knowingly permit or assist person to engage in fraudulent conduct 82
3.57 Operator must notify Secretary of fraudulent conduct related to measurement using weighbridge 82
3.58 Operator must not knowingly engage in certain conduct related to false representation 83
3.59 Issuing copy of original measurement ticket 83
3.60 Prescribed particulars for register (Act s 18PF) 84
3.61 Prescribed reverification period -- public weighbridges (Act s 20 (1) (o)) 85
3.62 Additional licence conditions -- public weighbridges 85
3.63 Transitional 87
3.64 Transitional 87
Part 4 Packaging 88
Division 4.1 Definitions 88
4.1 Definitions for Part 4 -- general 88
4.2 Definitions for Part 4 -- prepackages 88
Division 4.2 Operation of Part 4 92
4.3 Requirements applicable to inner and outer packages 92
4.4 Exemptions from marking requirements (name, address, measurement) 92
4.5 Exemptions for packages containing paper 93
4.6 Exemptions for certain inner and outer packages 94
Division 4.3 Marking of name and address 94
4.7 Marking of name and address on packages 94
4.8 Exemption for packaged seed 94
Division 4.4 Marking of measurement 95
Subdivision 1 General requirements for measurement marking 95
4.9 Requirement to mark measurement 95
4.10 General position of measurement marking 96
4.11 Set-out and form of measurement marking 96
4.12 Size etc of characters in measurement marking 97
4.13 Unit etc of measurement to be used 98
4.14 Fractions and significant figures 99
4.15 Special provision -- marking by approved printing device 99
4.16 Marking by reference to minimum measurement 100
Subdivision 2 Special provision for measurement marking of certain products 100
4.17 Eggs 100
4.18 Products packed in sheets 101
4.19 Number of packages comprising 1 tonne 101
4.20 Bedsheets, tarpaulins etc 101
4.21 Pairs of window curtains 102
4.22 Marking of width or thickness if it directly affects price 102
Subdivision 3 Special provision concerning measurement marking of outer packages 102
4.23 Package containing packages of products of the same kind and measurement 102
4.24 Inner and outer packages of single product 103
4.25 Package containing products of different kinds or different measurements 103
Subdivision 4 Other markings concerning measurement 104
4.26 Unit price marking -- retail sales of particular foods by mass 104
Division 4.5 Prohibited expressions 105
4.27 Marking of "mass when packed" 105
4.28 Prohibition on use of "gross mass" 105
4.29 Prohibited expressions 106
Division 4.6 Desiccation 107
4.30 Definitions for Division 4.6 107
4.31 Permissible deficiency -- prepacked fresh mushrooms 107
4.32 Permissible deficiency -- prepacked soap 108
Division 4.7 Shortfall 110
Subdivision 1 Provisions applying for package lots of 100 or more -- the average quantity system 110
4.33 Definitions for Subdivision 1 110
4.34 AQS thresholds 111
4.35 Sampling procedures 111
4.36 Test procedures 112
4.37 Weighted average quantity 114
4.38 Test failure 114
Subdivision 2 Packages not marked with an AQS Mark 115
4.39 Sampling procedures 115
4.40 National group test procedures 115
4.41 National single article test procedures 115
4.42 National test thresholds 115
4.43 Test failure circumstances -- groups 116
4.44 Test failure circumstances -- single article 116
Division 4.8 Miscellaneous 117
4.45 Measuring mass of frozen fish 117
4.46 Application for permit to sell certain articles 119
Part 5 Miscellaneous 120
5.1 Beer, spirits etc must be sold by reference to volume 120
5.2 Sale of article at price determined by reference to measurement 120
5.3 Sale of fuel at price determined by reference to measurement by volume 123
5.4 Regulation 5.3 does not apply to certain sales of fuel 123
5.5 Fees for general applications 126
Schedule 1 Maximum permissible errors 127
Part 1 Interpretation 127
Part 2 Material measures 127
Division 1 Length 127
Division 2 Weight 127
Division 3 Volume 130
Division 4 Dispensing measures including pharmaceutical measures 132
Part 3 Measuring instruments 134
Division 1 Length‑measuring instruments 134
Division 2 Area‑measuring instruments 134
Division 3 Farm milk tanks 135
Division 4 Vehicle tanks 135
Division 5 Liquid‑measuring systems 135
Division 6 Weighing instruments 140
Division 7 Automatic rail‑weighbridges 142
Division 8 Grain protein measuring instruments 144
Division 9 Water Vending Machines 145
Division 10 Multi-dimensional measuring instruments 145
Division 11 Water meters 146
Schedule 2 Classes and subclasses of servicing licences 147
Part 1 General 147
Part 2 Supplementary 149
Schedule 3 The AQS Mark 150
Schedule 4 Exemptions from marking 151
Schedule 5 Expression of measurement marking 154
Schedule 6 Permissible units of measurement 156
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