WEIGHTS AND MEASURES (NATIONAL STANDARDS).

No. 6 of 1964.

An Act to amend the Weights and Measures (National Standards) Act 1960.

[Assented to 4th May, 1964.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate ,and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)  This Act may be cited as the Weights and Measures (National Standards) Act 1964.

(2.)  The Weights and Measures (National Standards) Act 1960 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Weights and Measures (National Standards) Act 1960–1964.

Commencement.

2.  This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3.  Section three of the Principal Act is amended—

(a) by omitting from sub-section (1.) the definition of “subsidiary standard of measurement” and inserting in its stead the following definitions:—

“‘instrument’ means a thing (or a combination of things) by means of which a measurement of a physical quantity may be made and includes a thing (or a combination of things) by means of which grading may be effected by reference to the measurement of a physical quantity;

“‘subsidiary standard of measurement’ means a standard of measurement (not being a Commonwealth standard of measurement or a working standard of measurement)—

(a) that has been verified and, where appropriate, reverified in accordance with this Act or the regulations; or

 

(b) that the Commission has determined shall be a special subsidiary standard of measurement under section eight a of this Act;”; and

(b) by omitting from that sub-section the definition of “working standard of measurement” and inserting in its stead the following definition:—

“‘working standard of measurement’ means a standard of measurement that is maintained as a working standard of measurement for the purposes of sub-section (2.) of section eight of this Act, and includes—

(a) a standard of measurement that the Commission has determined shall be a special standard of measurement under sub-section (2a.) of that section; and

(b) a standard of measurement referred to in sub-section (1.) of section nine of this Act that has been verified, and from time to time reverified, in accordance with the provisions of that section.”.

Commonwealth standards of measurement and working standards of measurement.

4.  Section eight of the Principal Act is amended—

(a) by inserting after sub-section (2.) the following sub-sections:—

“(2a.) The Commission may determine that—

(a) magnitudes of physical quantities specified in the determination; or

(b) magnitudes of physical quantities as ascertained in accordance with a formula set out in the determination,

shall be special standards of measurement for the purpose of providing additional means by which measurements of physical quantities for which there are Commonwealth legal units of measurement may be made in terms of those units.

“(2b.) The Commission may revoke or vary any such determination.

“(2c.) Notice of a determination under this section, or of the revocation or variation of such a determination, shall be published in the Gazette”; and

(b) by omitting from sub-section (3.) the words “maintained for the purposes of either of the last two preceding sub-sections” and inserting in their stead the words “specified in sub-section (1.), (2.) or (2a.) of this section”.

 

5.  Section nine of the Principal Act is repealed and the following sections are inserted in its stead:—

Special subsidiary standards of measurement.

“8a.—(1.) The Commission may determine that—

(a) magnitudes of physical quantities specified in the determination; or

(b) magnitudes of physical quantities as ascertained in accordance with a formula set out in the determination,

shall be special subsidiary standards of measurement for the purpose of providing additional means by which measurements of physical quantities for which there are Commonwealth legal units of measurement may be made in terms of those units.

“(2.)  The Commission may revoke or vary any such determination.

“(3.)  Notice of a determination under this section, or of the revocation or variation of such a determination, shall be published in the Gazette.

“(4.)  A special subsidiary standard of measurement is not subject to verification.

Verification of standards of measurement.

“9.—(1.) A standard of measurement in respect of a physical quantity for which there is a Commonwealth standard of measurement may, at the request of the appropriate authority and with the approval of the Commission, be verified, and from time to time reverified, by or on behalf of the Organization by means of, by reference to, by comparison with or by derivation from—

(a) a standard of measurement referred to in paragraph (a) or (b) of the next succeeding section; or

(b) two or more standards of measurements each of which is a standard of measurement referred to in either of those paragraphs.

“(2.)  Verification of such a standard of measurement shall be carried out in a manner that is, having regard to the nature of the standard of measurement to be verified or reverified, appropriate for the purpose.

“(3.)  Where—

(a) such a standard of measurement is verified or reverified by the Organization—the Organization; or

(b) such a standard of measurement is verified or reverified on behalf of the Organization—the person who, on behalf of the Organization, verified or reverified the standard,

shall specify the period within which the standard is to be reverified or again reverified, as the case requires, and the standard shall be reverified or again reverified in that period.”.

 

National Standards Commission.

6.  Section sixteen of the Principal Act is amended—

(a) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.)  The Commission—

(a) is a body corporate, with perpetual succession;

(b) shall have a common seal;

(c) is capable of acquiring, holding and disposing of real and personal property; and

(d) may sue and be sued in its corporate name.”; and

(b) by omitting from sub-section (3.) the word “seal” and inserting in its stead the words “common seal”.

7.  After section eighteen of the Principal Act the following section is inserted:—

Officers and employees.

“18a.—(1.)  Subject to this section, the Commission may appoint such officers as it thinks necessary for the purposes of this Act.

“(2.) Subject to the next succeeding sub-section, a person shall not be so appointed unless—

(a) he is a British subject;

(b) the Commission is satisfied, upon medical examination, as to his health and physical fitness; and

(c) he makes and subscribes, before a person authorized under the law of the Commonwealth or of a State or Territory of the Commonwealth to take affidavits, an oath or affirmation of allegiance in accordance with the form in the Schedule to the Constitution.

“(3.)  The Commission may, with the approval of the Minister, appoint an officer who is not a British subject and has not made and subscribed the oath or affirmation of allegiance.

“(4.)  The appointment, transfer or promotion of a person to an office the rate of the salary, or the rate of the maximum salary, of which exceeds Three thousand seven hundred and fifty pounds, or such higher amount as is prescribed, per annum is subject to the approval of the Minister.

“(5.)  For the purposes of the last preceding sub-section, the salary of an office shall be deemed not to be affected by variations made in accordance with variations in the cost of living and does not include any allowance.

“(6.)  The terms and conditions of employment of officers appointed under this section are such as are determined by the Commission with the approval of the Public Service Board.

 

“(7.)  The Commission may engage such temporary or casual employees as it thinks fit on such terms and conditions as are determined by the Commission with the approval of the Public Service Board.

“(8.)  The maximum number of officers and employees of each designation whose duties are primarily of an administrative or clerical nature shall be a number approved by the Public Service Board.

“(9.)  Where an officer of the Commission was, immediately before his appointment, an officer of the Public Service of the Commonwealth—

(a) he retains his existing and accruing rights;

(b) for the purpose of determining those rights, his service as such an officer shall be taken into account as if it were service in the Public Service of the Commonwealth; and

(c) the Officers’ Rights Declaration Act 1928–1959 applies as if this Act and this section had been specified in the Schedule to that Act.

“(10.)  The Commonwealth Employees’ Compensation Act 1930–1962 applies to officers and employees of the Commission as if they were employees within the meaning of that Act and as if references in that Act to the Commonwealth were references to the Commission.”.

Maintaining of standards of measurement, &c., before regulations prescribing units take effect.

8.  Section nineteen of the Principal Act is amended—

(a) by omitting from paragraph (a) the word “and” (second occurring); and

(b) by inserting after that paragraph the following paragraph:—

“(aa) the powers conferred by sub-sections (2a.), (2b.) and (2c.) of section eight of this Act, and by section eight a of this Act, may be exercised; and”.

9.  After section nineteen of the Principal Act the following sections are inserted:—

Patterns of instruments.

“19a.—(1.)  The regulations may make provision for or in relation to—

(a) the examination of patterns of instruments;

(b) the approval of patterns of instruments as patterns of instruments suitable for use for trade;

(c) the issuing of certificates in respect of the approval of patterns of instruments; and

(d) the reception in evidence of a document purporting to be such a certificate and the admissibility of the matters certified to as evidence.

 

“(2.)  The regulations made under the last preceding sub-section may provide that—

(a) examinations may be carried out;

(b) approvals may be given; and

(c) certificates may be issued,

by the Commission or, on behalf of the Commission, by a department of State of the Commonwealth, a body corporate established by an Act or any other person.

“(3.)  The Commission, the department of State of the Commonwealth, the body corporate so established or other person acting on behalf of the Commission (as the case may be), may charge such fees as the Commission determines, having regard to the work and labour necessary, in respect of the examination and certification of patterns of instruments.

Offences.

“19b.  A person shall not falsely represent—

(a) that a pattern of an instrument is in accordance with a pattern approved by or on behalf of the Commission as a pattern of an instrument suitable for use for trade; or

(b) that an instrument is in accordance with a pattern so approved.

Penalty: One hundred pounds.”.