Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For paragraph 18NH (j) of the Act, each of the conditions in this regulation is prescribed.
(2) A servicing licensee must comply with these Regulations.
(3) An employee of a servicing licensee must comply with these Regulations.
(4) If paragraph 18QA (1) (a), (b), (c), (e), (g), (h) or (i) of the Act applies to the servicing licensee, the servicing licensee must notify the Secretary of that fact within 14 days after the servicing licensee first knows that the paragraph applies.
(5) If any change occurs in the circumstances of the servicing licensee that will result in paragraph 18QA (1) (a), (b), (c), (e), (g), (h) or (i) of the Act applying to the servicing licensee, the servicing licensee must notify the Secretary of that fact within 14 days after the change in circumstances.
(6) If an employee of a servicing licensee verifies measuring instruments as part of his or her duties, the employee must, within 14 days after the change in circumstances, notify the servicing licensee of any change in the employee's circumstances that is relevant to:
(a) the employee's eligibility to carry out his or her duties; or
(b) identifying the employee.
Note Examples of a relevant change in the employee's circumstances include, but are not limited to, the following:
(a) loss of competence;
(b) change of name;
(c) change of residential address.
(7) If an employee of a servicing licensee notifies the servicing licensee of any change in the employee's circumstances in accordance with subregulation (6), the servicing licensee must notify the Secretary of the change in circumstances within 14 days after the servicing licensee is notified by the employee.
(8) If a servicing licensee otherwise knows of any change in the circumstances of an employee that is relevant to the employee's eligibility to carry out his or her duties, the servicing licensee must notify the Secretary of the change in circumstances within 14 days after the servicing licensee first knows of the change in circumstances.
(9) A servicing licensee must notify the Secretary within 14 days after any of the following events:
(a) if an employee of the servicing licensee who verifies measuring instruments as part of his or her duties ceases to be employed by the servicing licensee;
(b) if the servicing licensee employs a new employee who will verify measuring instruments as part of his or her duties.
(10) If a servicing licensee verifies a measuring instrument, the servicing licensee must:
(a) in writing in an approved form; and
(b) within 14 days after verifying the measuring instrument;
notify the controller of the measuring instrument that the measuring instrument has been verified.
(11) If an employee of a servicing licensee verifies a measuring instrument, the servicing licensee must:
(a) in writing in an approved form; and
(b) within 14 days after verifying the measuring instrument;
notify the controller of the measuring instrument that the measuring instrument has been verified.
(12) If:
(a) a servicing licensee or an employee of a servicing licensee examines or tests a measuring instrument; and
(b) the servicing licensee or the employee does not verify the measuring instrument immediately after completing the examination or test; and
(c) the measuring instrument:
(i) is not of an approved pattern; or
(ii) is outside the range of maximum permissible error that is permitted at verification for the measuring instrument; or
(iii) does not comply with the relevant National Instrument Test Procedure;
the servicing licensee must notify the Secretary, in the manner described in subregulation (13), that the measuring instrument has not been verified.
Note The latest edition of the National Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au .
(13) For subregulation (12):
(a) the servicing licensee must notify the Secretary that the measuring instrument has not been verified:
(i) in writing in an approved form; and
(ii) within 14 days after the servicing licensee completes the examination or test; and
(b) the servicing licensee, or an employee of the servicing licensee, must obliterate a verification mark on the measuring instrument.
Note The servicing licensee can notify the Secretary electronically by using a facility available on the Internet at http://www.nmi.gov.au .
(14) If:
(a) a servicing licensee or an employee of a servicing licensee examines or tests a measuring instrument; and
(b) the servicing licensee or employee does not verify the measuring instrument immediately after completing the examination or test; and
(c) the measuring instrument:
(i) is not of an approved pattern; or
(ii) is outside the range of maximum permissible error that is permitted at verification for the measuring instrument; or
(iii) does not comply with the relevant National Instrument Test Procedure;
the servicing licensee or employee must notify the controller of the measuring instrument, in the manner described in subregulation (15), that the measuring instrument has not been verified.
Note The latest edition of the National Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au .
(15) For subregulation (14), the servicing licensee or employee must notify the controller of the measuring instrument:
(a) in writing in an approved form; and
(b) immediately after the servicing licensee or employee completes the examination or test.
(16) If a servicing licensee, or an employee of a servicing licensee, verifies a measuring instrument, the servicing licensee must notify the Secretary of the verification:
(a) in writing in an approved form; and
(b) within 14 days after the measuring instrument has been verified.
Note The servicing licensee can notify the Secretary electronically by using a facility available on the Internet at http://www.nmi.gov.au .
(17) A servicing licensee must:
(a) retain a copy of any notification made in accordance with subregulation (10), (11), (12), (13), (14), (15) or (16) for a period of at least 3 years after the notification is made; and
(b) if an inspector exercises the power to inspect under paragraph 18MG (1) (e) of the Act in relation to a copy mentioned in paragraph (a) -- give the copy to the inspector within 14 days after the inspector exercises the power to inspect.
(18) A servicing licensee, or an employee of a servicing licensee, must not verify a measuring instrument unless it has been tested in accordance with:
(a) the relevant national test procedure as specified in the latest edition of the National Instrument Test Procedures; and
(b) any particular test procedures specified in the relevant National Measurement Institute Certificate of Approval.
Note The latest edition of the National Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au .
(19) A servicing licensee, or an employee of a servicing licensee, who verifies a measuring instrument must ensure that the measuring instrument is in accordance with its approved pattern.
(20) A servicing licensee, or an employee of a servicing licensee, who verifies a measuring instrument must ensure that the measuring instrument operates within the relevant maximum permissible error.
(21) A servicing licensee, or an employee of a servicing licensee, who verifies a measuring instrument must ensure that:
(a) if an item of equipment used by the servicing licensee or the employee is required by the National Instrument Test Procedures published by the National Measurement Institute to be the subject of a current certificate of verification issued in accordance with paragraph 13 (1) (b) or (c) of the National Measurement Regulations 1999 -- the item is the subject of the certificate; or
(b) if paragraph (a) does not apply -- the item of equipment used by the servicing licensee or the employee is specified in the latest edition of the National Instrument Test Procedures published by the National Measurement Institute.
Note The latest edition of the National Instrument Test Procedures is available on the Internet at http://www.nmi.gov.au.
(22) A servicing licensee must maintain a quality management system in an approved form.
(23) If the Secretary:
(a) notifies a servicing licensee that the quality management system used by the servicing licensee does not comply with an approved form of the quality management system; and
(b) includes in the notification a recommendation related to the noncompliant quality management system
the servicing licensee must, within 14 days after being notified by the Secretary, act in accordance with the recommendation.
Note Information regarding an approved form of the quality management system is available on the Internet at http://www.nmi.gov.au.
(24) If an inspector gives a direction to a servicing licensee, or an employee of a servicing licensee, in relation to reverification of a measuring instrument in accordance with section 18MJ of the Act for the purpose of establishing whether the servicing licensee or employee is competent to perform the functions and duties of a verifier, the servicing licensee or employee must:
(a) perform any test of the measuring instrument requested by the inspector; and
(b) perform the test at a time and place agreed by the inspector and the servicing licensee or employee who will perform the test.
(25) If a servicing licensee, or an employee of a servicing licensee, tests or verifies a measuring instrument that is included in a licence class prescribed in Schedule 2, the servicing licensee must, if the Secretary directs, provide a test report to the Secretary:
(a) in writing in an approved form; and
(b) within 14 days after the Secretary directs the servicing licensee to provide the test report.
Note 1 Section 18NH of the Act sets out other conditions on all servicing licenses.
Note 2 An electronic version of each of the National Instrument Test Procedures is available on the internet at http://www.nmi.gov.au .