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SLI 2011 No. 126 Regulations as made
These Regulations amend the National Trade Measurement Regulations 2009 in order to allow further consolidation of provisions relating to the National Trade Measurement system and make other minor and machinery changes.
Administered by: Innovation, Industry, Science and Research
Registered 30 Jun 2011
Tabling HistoryDate
Tabled HR06-Jul-2011
Tabled Senate06-Jul-2011
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Commonwealth Coat of Arms

National Trade Measurement Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No. 126

I, 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 30 June 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

KIM CARR


1              Name of Regulations

                These Regulations are the National Trade Measurement Amendment Regulations 2011 (No. 1).

2              Commencement

                These Regulations commence on 1 July 2011.

3              Amendment of National Trade Measurement Regulations 2009

                Schedule 1 amends the National Trade Measurement Regulations 2009.


Schedule 1        Amendments

(regulation 3)

 

[1]           Regulation 1.4, note at the foot

substitute

Note   Several expressions used in these Regulations are defined in subsection 3 (1) of the Act, including:

·      controller

·      earlier corresponding law

·      measuring instrument

·      Secretary

·      servicing licence

·      servicing licensee

·      trade measurement inspector

·      use for trade

·      verification mark

·      verifier

·      weighbridge.

[2]           Regulation 2.11

substitute

2.11        Use of measuring instrument fitted with load receptor

         (1)   A person commits an offence if:

                (a)    the person uses for trade a measuring instrument that is fitted with a removable load receptor; and

               (b)    the measuring instrument does not have an automatic or semi-automatic zero adjustment facility; and

                (c)    the measuring instrument is one of 2 or more measuring instruments fitted with a removable load receptor that are located on the premises; and

               (d)    the load receptor is not clearly marked in a manner that identifies the load receptor with the measuring instrument to which it is fitted.

Penalty:   20 penalty units.

         (2)   The offence mentioned in subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

[3]           Regulation 2.29

substitute

2.29        Verifying and marking material measure

         (1)   If a verifier makes a verification mark on a material measure that is not a glass measure, the verifier must:

                (a)    if the verifier is an inspector or servicing licensee — mark on the material measure, in the approved manner, the date on which the verification mark is made; and

               (b)    if the verifier is an employee of a servicing licensee — perform each of the following actions:

                          (i)    mark the servicing licensee’s verification mark on the material measure; and

                         (ii)    mark on the material measure, in the approved manner, the date on which the servicing licensee’s mark is made; and

                        (iii)    make a mark on the material measure that will enable the servicing licensee to identify the employee who made the servicing licensee’s mark.

         (2)   However, if compliance with subregulation (1) is impracticable because of the nature, shape or size of a material measure, the requirements in subregulation (1) are taken to have been complied with if the material measure is enclosed in a sealed container that is marked in accordance with subregulation (1).

[4]           Regulation 2.47

omit

$212

insert

$136

[5]           Paragraphs 3.4 (2) (a) and (b)

substitute

                (a)    for a weighbridge not used to determine end-and-end measurements — the surface of the approach is, for its entirety, contained within an angle of no more than +/‑2 degrees of level (horizontal). measured from the end of the nearer end of the weighbridge; and

               (b)    for a weighbridge used to determine end-and-end measurements — the surface of the approach is, for its entirety, contained within an angle of no more than +/‑0.25 degrees of level (horizontal). measured from the end of the nearer end of the weighbridge; and

                (c)    for a multi-platform weighbridge — the dead space, if applicable, between the platforms of the weighbridge is level and in the same plane as each of the platforms.

[6]           Paragraph 3.7 (1) (c)

substitute

                (c)    the clearance from the external edges of the platform must:

                          (i)    be wide enough to provide access for servicing and maintenance; and

                         (ii)    be wide enough to allow for drainage of water from the weighbridge; and

                        (iii)    extend from the floor of the weighbridge to at least 1 metre above the platforms; and

                        (iii)    be free from obstructions that may interfere with the operation or accuracy of the weighbridge; and

[7]           Subregulation 3.11 (1)

substitute

         (1)   A weighbridge may only be used to determine an end-and-end measurement if:

                (a)    the weighbridge was approved under an earlier corresponding law for use to determine end‑and-end measurements; and

               (b)    the approach to the weighbridge complies with the requirements mentioned in subregulation 3.4 (1).

[8]           Paragraph 3.11 (2) (b)

omit

air

[9]           After subregulation 3.11 (2)

insert

         (3)   The Secretary may, in writing, permit a weighbridge that does not comply with this regulation to be used to determine an end‑and-end measurement.

[10]         Subparagraphs 3.62 (e) (ii) and (f) (ii)

omit

air

[11]         After regulation 5.5

insert

5.6           Exempt utility meters

                For the definition of utility meter in subsection 3 (1) of the Act, the following classes of meters are exempt from the operation of Part IV of the Act:

                (a)    gas meters;

               (b)    electricity meters;

                (c)    water meters installed before 1 July 2004;

               (d)    water meters installed on or after 1 July 2004, other than cold water meters:

                          (i)    with a maximum continuous flow rate capacity of not more than 4 000 litres per hour; and

                         (ii)    that do not exceed the maximum permissible errors mentioned in Schedule 1 to the National Trade Measurement Regulations 2009.

Note   Meters with a maximum continuous flow rate capacity of not more than 4 000 litres per hour are normally, but not exclusively, used for metering water supplies to domestic premises.

[12]         Schedule 1, Part 3, Division 5, clause 5, definition of A

substitute

A is the numerical value of the percentage specified in the column headed ‘A’ of table 5 for the accuracy class of the measuring system.

[13]         Schedule 2, item 16

omit


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.