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National Measurement Act 1960
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Department of Industry, Science and Resources
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C2024C00648 (C22)
14 October 2024
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Part I—Preliminary
1 Short title
3 Interpretation
3A Meaning of made available as a public weighbridge
4 Objects and application of Act
4A Application of Act—utility meters used for trade
4B Application of trade measurement provisions
5 Act to bind the Crown
6 Extension of Act to Territories
6A Application of the Criminal Code
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Part II—Units and standards of measurement
7 Australian legal units of measurement
7A Regulations may prescribe Australian legal units of measurement etc.
7B Guidelines
8 Australian standards of measurement
8AA Co ordinated Universal Time
8A Recognized value standards of measurement
9 Verification of State primary standards of measurement
10 Measurements to be ascertained in accordance with appropriate standards of measurement, Australian certified reference materials or certified measuring instruments
11 Conversion factors
12 Trade contracts etc. to be expressed in Australian legal units of measurement
12A Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement
13 Contracts etc. relating to exportation or importation of goods
13A Futures contracts and contracts etc. relating to futures contracts
14 References in laws to units of measurement
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Part III—National Measurement Institute and Chief Metrologist
16 Overview of Part
17 National Measurement Institute
18 Metrological functions
18A Chief Metrologist
18B Acting Chief Metrologist
18C Delegation by the Secretary
18D Delegation by the Chief Metrologist
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Part IV—Using measuring instruments for trade
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Division 1—Overview of Part
18G Overview
Division 2—Requirements for use of measuring instruments for trade
18GA Measuring instruments used for trade to be verified
18GB Installing measuring instruments not of an approved pattern
18GC Supplying measuring instruments not of an approved pattern
18GCA Letting for hire or loaning unverified measuring instruments
18GD Inaccurate use of measuring instruments
18GE Using or supplying inaccurate measuring instruments
Division 3—Verification of measuring instruments
18GF Overview
18GG Meaning of verification
18GH Who is permitted to verify measuring instruments other than utility meters?
18GI Who is permitted to verify utility meters?
18GJ Register of verification marks
18GK Requirements for verification
18GL Standards of measurements to be used for verification
18GM Using a verification mark when not permitted to do so
18GN Sale or supply of measuring instrument marked by someone not permitted to do so
18GO Misleading marks
18GP Wrongful possession of an instrument for making a verification mark
18GPA Obligation to obliterate verification mark—person who adjusts or repairs measuring instrument
18GQ Obligation to obliterate verification mark—person who causes adjustment or repair of measuring instrument
18GR Measuring instrument taken not to have failed test procedures in certain circumstances
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Part V—General provisions on using measurement in trade
18H Overview
18HA When is an article packed in advance ready for sale?
18HB Certain articles must be sold by measurement—articles packed in advance ready for sale
18HC Certain articles must be sold by measurement—other articles
18HD Transactions based on measurement to be in prescribed units of measurement
18HE Measuring instruments used in transactions to have prescribed scale intervals
18HF Unreliable methods of measurement
18HG Limiting use of certain measuring instruments
18HH Measuring instruments and methods of measurement used in monitoring compliance with the Act
18HI Articles sold by measurement to be sold by net measurement
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Part VI—Articles packed in advance ready for sale
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Division 1—Overview of Part
18J Overview
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Division 2—Marking packed articles
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Subdivision 2 A—Required package information
18JA Package must be marked with required package information—packer
18JB Package must be marked with required package information—importer
18JC Package must be marked with required package information—seller
18JD Package must be marked with required package information—possession, offer or exposure for sale
18JE Package must be marked in prescribed manner
Subdivision 2 B—Prohibited expressions
18JF Using prohibited expressions—packer
18JG Using prohibited expressions—seller
18JH Using prohibited expressions—possession, offer or exposure for sale
Subdivision 2 C—Notices to remedy
18JHA Trade measurement inspector may give notice to remedy
Division 3—Average Quantity System for packed articles
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Subdivision 3 A—Preliminary
18JI Overview of Division
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Subdivision 3 B—AQS marks
18JJ What is an AQS mark?
18JK AQS mark must be used in accordance with regulations
18JL Using misleading marks
18JLA Trade measurement inspector may give notice to remedy
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Subdivision 3 C—Shortfall
18JM Shortfall offence—packer
18JN Shortfall offence—importer
18JO Shortfall offence—possession, offer or exposure for sale
18JP Shortfall offence—sale
Division 4—Packed articles not marked with AQS mark
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Subdivision 4 A—Overview of Division
18JQ Overview
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Subdivision 4 B—Shortfall offences
18JR When is there a shortfall in the measurement of a packed article?
18JS Shortfall offence—packer
18JT Shortfall offence—importer
18JU Shortfall offence—possession, offer or exposure for sale
18JV Shortfall offence—seller
Division 5—Permits
18JW Overview
18JX Permits for certain packed articles
18JY Register of permits
18JZ Evidentiary certificate
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Part VII—Other articles
18K Overview
18KA Requirements if purchaser present when measurement made
18KB Requirements if purchaser not present when measurement made
18KC Articles sold by measurement—price of packaging
18KD Shortfall offence—sale
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Part VIII—Enforcement of Parts IV to VII
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Division 1—Overview
18L Overview
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Division 2—Evidentiary matters
18LA Evidentiary certificate—shortfall offences
18LB Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence
18LC Person giving certificate may be called to give evidence
18LD Evidence in support or rebuttal of matters in certificate to be considered on its merits
18LE Evidence—matters relating to packing
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Division 3—Infringement notices
18LF When an infringement notice can be given
18LG Matters to be included in an infringement notice
18LH Amount of penalty
18LI Withdrawal of an infringement notice
18LJ What happens if the penalty is paid
18LK Effect of this Division on criminal proceedings
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Division 4—Additional enforcement options
18LL Overview
18LM Accepting undertakings
18LN Enforcing undertakings
18LO Injunctions
18LP Secretary may publicise offences
18LQ Affected contracts etc. voidable
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Part IX—Trade measurement inspectors
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Division 1—Overview of Part
18M Overview
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Division 2—Appointment of trade measurement inspectors and identity cards
18MA Appointment of trade measurement inspectors
18MB Identity card
18MC Evidentiary certificate—appointment and class of trade measurement inspector
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Division 3—Powers of trade measurement inspectors
18MD Overview
18MDA Powers of trade measurement inspectors in public areas of business premises
18ME Monitoring powers
18MF Collecting evidential material
18MG General powers of trade measurement inspectors
18MH Trade measurement inspector may request persons to answer questions or produce documents
18MI English translation of book, record or document requested by a trade measurement inspector
18MIA Trade measurement inspector may give directions to controllers of business vehicles etc.
18MJ Power to give directions in relation to re verification
18MK Power to verify measuring instruments on request
18ML Evidentiary certificate—examination and calibration under section 18MK
18MM Trade measurement inspector must obliterate verification mark
18MMA Notices to remedy
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Division 4—Obligations of trade measurement inspectors
18MN Trade measurement inspector must produce identity card on request
18MO Details of warrant to be given to controller etc.
18MP Consent to enter residential premises
18MQ Announcement on entry or inspection
18MR Compensation for damage to electronic equipment
18MS Copies of seized things to be provided
18MT Receipts for things seized
18MU Retention of seized things
18MV Magistrate may permit a thing to be retained
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Division 5—Controller’s rights and responsibilities
18MW Controller entitled to be present during search
18MX Controller must provide trade measurement inspector with facilities and assistance
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Division 6—Warrants
18MY Overview
18MZ Monitoring warrants
18MZA Warrants relating to the collection of evidential material
18MZB Urgent warrant for the collection of evidential material
18MZC Powers conferred on magistrates in their personal capacity
18MZD Immunity of magistrates
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Part X—Servicing licensees
18N Overview
18NA Application for a servicing licence
18NB Granting a servicing licence
18NC Circumstances in which servicing licence must be refused
18ND Where the applicant is a body corporate
18NE Where the applicant is a partnership
18NF Register of servicing licences
18NG Conditions may be imposed on servicing licences
18NH Conditions on all servicing licences
18NI Application to amend a condition of a servicing licence
18NJ Application to change servicing licensee due to change of partnership
18NK Application for renewal of servicing licence
18NL Renewal of servicing licence
18NM Surrender and transfer of servicing licence
18NN Order preventing employment of certain persons
18NO Offence—breaching a condition of a servicing licence
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Part XI—Public weighbridges
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Division 1—Public weighbridge licences
18P Overview
18PA Application for a public weighbridge licence
18PB Granting a public weighbridge licence
18PC Circumstances in which public weighbridge licence must be refused
18PD Where the applicant is a body corporate
18PE Where the applicant is a partnership
18PF Register of public weighbridge licences
18PG Conditions may be imposed on public weighbridge licences
18PH Conditions on all public weighbridge licences
18PI Application to amend a condition of a public weighbridge licence
18PJ Application to change public weighbridge licensee due to change of partnership
18PK Application to contract out the operation of the public weighbridge
18PL Application for renewal of public weighbridge licence
18PM Renewal of public weighbridge licence
18PN Surrender and transfer of public weighbridge licence
18PO Effect of relocation of licensed public weighbridge
18PP If weighbridge no longer suitable for use as public weighbridge
18PQ Order preventing employment of certain persons
18PR Order preventing contract with certain person to operate public weighbridge
18PS Order preventing employee of a public weighbridge contractor from operating public weighbridge
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Division 2—Offences in relation to public weighbridges
18PT Offence—making a weighbridge available as a public weighbridge when not licensed etc.
18PU Offence—breaching a condition of a public weighbridge licence
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Part XII—Disciplinary action against servicing licensees and public weighbridge licensees
18Q Overview
18QA Grounds for disciplinary action
18QB Notice to licensee of grounds for disciplinary action
18QC Taking disciplinary action
18QD Accepting undertakings
18QE Enforcing undertakings
18QF Secretary may publicise grounds on which disciplinary action taken, etc.
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Part XIII—Utility meter verifiers
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Division 1—Appointment of utility meter verifiers on application
18R Applying to be a utility meter verifier
18RA Appointment of utility meter verifiers
18RB Conditions on appointment of utility meter verifiers
18RC Secretary must allocate utility meter verifier’s mark
18RCA NATA accredited verifiers
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Division 2—Disciplinary action against utility meter verifiers appointed on application
18RD Notice to utility meter verifier of intention to take disciplinary action
18RE Secretary may seek further information
18RF Secretary must consider utility meter verifier’s submission and information in making a decision under section 18RG
18RG Taking of disciplinary action against a utility meter verifier
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Division 3—Appointing Commonwealth or State officials etc. as utility meter verifiers
18RH Appointment of Commonwealth or State officials etc. as utility meter verifiers
18RI Secretary must allocate verification marks to utility meter verifiers appointed under section 18RH
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Part XIV—Miscellaneous
19 Maintaining of standards of measurement etc. before regulations prescribing units take effect
19A Patterns of instruments
19AAA Tolerances
19AAB Measuring instrument—accordance with pattern
19B Offences
19C Offences committed by employees—liability of employee
19D Offences committed by employees—liability of employer
19E Offences committed by agents—liability of agent
19F Offences committed by agents—liability of principal
19H Protected information
19J Review by Administrative Review Tribunal of decisions under this Act
19K Jurisdiction of the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2)
19L Fees recoverable as a debt due to the Commonwealth
19M Rights may be amended, suspended or cancelled etc.
19N Compensation for acquisition of property
19P Evidentiary matters—signature of Secretary or trade measurement inspector
19Q Chief Metrologist may determine matters
20 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
