Commonwealth Numbered Regulations Commonwealth Numbered RegulationsThese Regulations do not apply in relation to the position of a measurement marking for standard-sized wine containers that are mentioned in the World Wine Trade Group Agreement on Requirements for Wine Labelling, signed on 23 January 2007 by the Minister for Trade for the Commonwealth.
In these Regulations, unless the contrary intention appears:
"Act" means the National Measurement Act 1960 .
"approved" means approved by the Secretary.
"approved form" means a form approved, in writing, by the Secretary.
"approved manner" means a manner approved, in writing, by the Secretary.
class 4 measuring instrument means a measuring instrument of an approved pattern that, in accordance with the approved pattern:
(a) has not less than 100 but not more than 1000 verification scale intervals, each of which is not less than 5 grams; and
(b) has a symbol on it that is an oval of any shape, or 2 parallel horizontal lines that are joined at each end by a semi-circle, with 4 vertical lines in it.
end‑and‑end measurement , in relation to a loaded or unloaded vehicle being measured on a weighbridge, means a measurement of the vehicle determined by adding separate measurements of the mass of the vehicle supported singly or in combination by the different axles of the vehicle, in which:
(a) each separate measurement is determined by a separate operation of the weighbridge; and
(b) the separate measurements are performed consecutively.
"glass" , in relation to a container, drinking vessel or glass measure, includes any other material permitted by the approved pattern issued under the National Measurement Regulations 1999.
glass measure , in relation to batch testing:
(a) means a container that is:
(i) made wholly or principally of glass; and
(ii) intended to be used to sell lubricating oil by volume of the quantity otherwise than as a prepacked article; and
(b) means a measure that is:
(i) made of glass or another rigid or semi-rigid substance; and
(ii) intended to be used to sell beer, ale, stout or spirits by quantity otherwise than as a prepacked article; and
(c) does not include a cylindrical or conical measure that is used for pharmaceutical purposes; and
(d) does not include a measure for which the volume measurement is marked at the same time as the measure is moulded.
in‑service inspection :
(a) means the examination of a material measure or measuring instrument by an inspector to determine if:
(i) the verification mark is valid; and
(ii) the material measure or the measuring instrument does not exceed the maximum permissible errors permitted during an in‑service inspection of a material measure or measuring instrument of that kind; and
(b) does not include the marking of a material measure or a measuring instrument with a verification mark.
"inspector" means a trade measurement inspector.
licence means:
(a) a public weighbridge licence; or
(b) a servicing licence.
Note See Parts 2 and 3.
" LPG " is an acronym of liquefied petroleum gas.
material measure means a measure of:
(a) length; or
(b) weight; or
(c) volume;
that is used to make a measurement.
maximum permissible error , in relation to a material measure or measuring instrument, means:
(a) if a National Measurement Institute Certificate of Approval for the material measure or measuring instrument is issued on or after 1 July 2007 -- the maximum limit of error mentioned in the certificate; or
(b) otherwise -- the maximum limit of error for a measuring instrument of that kind:
(i) prescribed in Schedule 1; and
(ii) to which any additional requirement set out in the relevant National Instrument Test Procedure relates.
Note The latest edition of the National Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au .
measurement ticket :
(a) means a measurement ticket issued for a measurement made at a public weighbridge; and
(b) includes:
(i) a copy measurement ticket; and
(ii) an original measurement ticket.
"meat" means anything that is described as the meat of a dead animal in regulation 1.4.
"operator" means a person who determines a measurement by the use of a weighbridge.
Note Examples of an operator include each of the following:
(a) a public weighbridge licensee;
(b) a person contracted by a public weighbridge licensee to operate a weighbridge;
(c) a person employed by a public weighbridge licensee to operate a weighbridge;
(d) a person employed by a person mentioned in paragraph (b) to operate a weighbridge.
preservation period means:
(a) for a measurement ticket issued from a book of tickets or a pad of tickets -- a period of 3 years that begins immediately after the measurement ticket is issued; and
(b) for a measurement ticket cancelled from a book of tickets or a pad of tickets -- a period of 3 years that begins immediately after the measurement ticket is cancelled; and
(c) for a measurement ticket that is generated electronically -- a period of 3 years that begins immediately after the measurement ticket is generated.
public weighing means the use of a weighbridge by any of the following persons for a transaction to which the person is not a party:
(a) the weighbridge licensee;
(b) a person employed by the weighbridge licensee to operate the weighbridge;
(c) a person contracted by the weighbridge licensee to operate the weighbridge;
(d) a person employed to operate the weighbridge by the person mentioned in paragraph (c);
(e) a person who makes a weighbridge available for use;
(f) a person employed to operate the weighbridge by a person mentioned in paragraph (e).
public weighing means the use of a weighbridge to which none of the following persons is a party:
(a) the weighbridge licensee;
(b) a person employed by the weighbridge licensee to operate the weighbridge;
(c) a person contracted by the weighbridge licensee to operate the weighbridge;
(d) a person employed to operate the weighbridge by the person mentioned in paragraph (c).
"registered number" , in relation to a weighbridge, means the number included in the register of public weighbridge licences kept by the Secretary.
Note Several expressions used in these Regulations are defined in subsection 3 (1) of the Act, including:
* controller
* measuring instrument
* Secretary
* servicing licence
* trade measurement inspector
* use for trade
* verification mark.