TRADE MEASUREMENT ADMINISTRATION ACT 1990 Reprinted as in force on 1 December 2009 Reprint No. 2C NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 Act No. 50 s 6 > TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Commencement 3. Definitions 3A. Expressions used in Trade Measurement Act 1990 4. Declaration for the purposes of the principal Act Part 2--Staff 5. Chief inspector and other staff 6. Authority to exercise functions of an inspector 7. Control of inspectors 8. Inspectors' certificates of authority 9. Functions of chief inspector under Commonwealth regulations Part 3--Fees and charges 10. Fees and charges may be prescribed 11. Recovery of unpaid fees and charges Part 4--Proceedings for offences 12. Time for instituting proceedings for offence 13. Summary proceedings 15. Double jeopardy Part 6--General 19. Search warrants 21. Delegation 22. Secrecy 23. Penalties etc. payable to consolidated fund 23A. Approval of forms 24. Regulations Part 7--Savings and transitional provisions 30. References to certain officials 31. References to repealed Act Endnotes - LONG TITLE An Act relating to the administration of the Trade Measurement Act 1990 and associated matters 1 Short title This Act may be cited as the Trade Measurement Administration Act 1990. 2 Commencement (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act commence on the day or days appointed by proclamation for their commencement. 3 Definitions In this Act-- approved form see section 23A. chief inspector means the person holding the office of chief inspector of trade measurement under section 5 and includes any person acting in that office. function includes power. inspector means-- (a) the chief inspector; (b) the person holding the office of deputy chief inspector of trade measurement under section 5; (c) a person holding office under section 5 as an inspector or assistant inspector; (d) a person acting in an office referred to in paragraph (b) or (c). principal Act means the Trade Measurement Act 1990. repealed Act means the Weights and Measures Act 1951 as in force from time to time. 3A Expressions used in Trade Measurement Act 1990 Expressions used in this Act have the same meanings respectively as they have in the principal Act. 4 Declaration for the purposes of the principal Act For the purposes of the principal Act the chief inspector is the administering authority and the licensing authority. 5 Chief inspector and other staff (1) A chief inspector of trade measurement, a deputy chief inspector of trade measurement, inspectors, assistant inspectors and other officers as may be necessary to provide for the administration of the principal Act and this Act may be employed under the Public Service Act 2008. (2) During the absence from whatever cause of the chief inspector or a vacancy in the office of chief inspector the deputy chief inspector of trade measurement is, without further appointment, to act in the office of chief inspector. (3) The fact that the deputy chief inspector of trade measurement has exercised any function of the chief inspector is, until the contrary is proved, sufficient evidence of the absence of the chief inspector or a vacancy in the office of chief inspector. 6 Authority to exercise functions of an inspector (1) Authority to exercise the functions of an inspector may be given by the chief inspector to a person who, under the law of another State or of a Territory that corresponds to the principal Act, has functions similar to those of an inspector under the principal Act. (2) A person authorised under subsection (1) has the functions of an inspector for the time and purposes specified by the chief inspector when giving the authority. 7 Control of inspectors A person (other than the chief inspector) who exercises the functions of an inspector is, in the exercise of the functions, subject to the direction and control of the chief inspector. 8 Inspectors' certificates of authority (1) Either the Minister or the chief inspector is to issue to each inspector a certificate of authority in the approved form. (2) The Minister is to issue to the chief inspector a certificate of authority in the form determined by the Minister. 9 Functions of chief inspector under Commonwealth regulations The chief inspector, with the approval of the Minister-- (a) may hold an appointment made under the National Measurement Regulations of the Commonwealth; and (b) may exercise any functions conferred on the holder of the appointment. 10 Fees and charges may be prescribed (1) Regulations may be made for and with respect to the imposition, collection and recovery of fees and charges for the purposes of the principal Act and this Act including-- (a) application fees; and (b) licence fees; and (c) fees payable for the issue of amended licences or certificates and for the issue of duplicate licences or certificates; and (ca) fees payable for providing weighbridge suitability statements or duplicates of weighbridge suitability statements; and (d) charges for the verification, re-verification or certification of measuring instruments; and (e) charges for the examination of public weighbridges for suitability; and (f) charges payable where an inspector keeps an appointment to examine or test a measuring instrument but is unable to carry out the examination or testing because the measuring instrument is unavailable or inaccessible or access to it is unreasonably refused; and (g) charges to reimburse costs incurred in connection with the examination and testing of a measuring instrument under the principal Act; and (h) charges payable by a person where the use of specified labour or equipment provided by the chief inspector is necessary for the exercise of the functions of an inspector; and (i) charges payable for the use by a person of specified equipment provided by the chief inspector. (2) The regulations may provide for a charge under subsection (1)(d) to (i) to be calculated on a time basis. (3) The regulations may provide for the fee payable under section 52 (Periodic licence fee) of the principal Act for a licence to be a specified amount or an amount calculated in a specified manner. (4) For this section, it does not matter whether the fee prescribed for a public weighbridge licence and a weighbridge suitability statement is a combined fee for the same period. 11 Recovery of unpaid fees and charges A fee or charge payable under the regulations is recoverable as a debt due to the Crown. 12 Time for instituting proceedings for offence Proceedings for an offence under the principal Act or this Act may be commenced within 12 months after the offence is committed or within 12 months after the offence comes to the knowledge of the complainant, whichever period is the later to expire. 13 Summary proceedings (1) Proceedings for offences under the principal Act or this Act are to be taken in a summary manner under the Justices Act 1886 upon the complaint of the chief inspector, or other person authorised in that behalf by the chief inspector. (2) An averment in the complaint that the complainant is duly authorised to lay the complaint is sufficient proof of such authorisation in the absence of evidence to the contrary. 15 Double jeopardy (1) If an act or omission is both an offence under the principal Act and an offence under a law of the Commonwealth, or of another State, or of a Territory, a person who-- (a) is convicted of the offence under that law; or (b) is found by a court to have committed the offence under that law but is not convicted; is not liable to be proceeded against for the offence under the principal Act. (2) In proceedings under the principal Act, a certificate that complies with subsection (3) in relation to a conviction or finding of a court is conclusive evidence of the conviction or finding unless it is proved-- (a) that the conviction was quashed or set aside; or (b) that the finding was set aside or reversed. (3) A certificate complies with this subsection if it is signed by the registrar or other proper officer of the court that directed the conviction or made the finding and is to the effect-- (a) that a named person was, on a stated date, convicted by that court of a specified offence; or (b) that a named person charged with a specified offence was, on a stated date, found by that court to have committed the offence but was not convicted. 19 Search warrants (1) An inspector may apply to a stipendiary magistrate for the issue of a search warrant in respect of any premises or part thereof. (2) If a stipendiary magistrate to whom application for a search warrant under subsection (1) is made is satisfied that the inspector suspects on reasonable grounds that-- (a) in the premises or part to which the application relates an offence against the principal Act is being or has been committed; or (b) in the premises or part to which the application relates there is anything with respect to which an offence against the principal Act is being or has been committed, or with respect to which the inspector may exercise a function conferred on the inspector by the principal Act; the stipendiary magistrate may, subject to subsection (5), issue a search warrant directed to the inspector to enter the premises or part specified in the warrant for the purpose of exercising therein the powers conferred on an inspector by the principal Act. (3) A search warrant remains in force for the period of 1 month from the date of its issue and is lawful authority for the inspector to whom it is directed-- (a) to enter the premises or part specified in the search warrant using such force as is reasonably necessary for the purpose; and (b) to exercise therein the powers conferred on an inspector by the principal Act. (4) An inspector executing a search warrant is to produce the warrant for inspection by the occupier of the premises or part concerned, if requested by the occupier so to do. (5) A stipendiary magistrate is not to issue a search warrant under subsection (1) unless-- (a) the application therefor is made on oath or affirmation and sets out the grounds on which the inspector's suspicion is based; and (b) the stipendiary magistrate has been furnished (by the inspector or other person) with such further information relating to those grounds as the stipendiary magistrate requires, such information being given on oath or affirmation; and (c) the stipendiary magistrate is satisfied that the issue of the search warrant is justified. (6) A stipendiary magistrate who issues a search warrant under subsection (1) is to cause to be made (on the warrant or otherwise) a record of the matters of fact on which the stipendiary magistrate has relied to justify the issue of the warrant. (7) Any justice is authorised to administer any oath or affirmation necessary for making an application for a search warrant under this section or for furnishing any information or statement for the purposes of this section. 21 Delegation The chief inspector may delegate the chief inspector's powers under the principal Act or this Act. 22 Secrecy (1) A person is not to, without the prior approval of the Minister or the chief inspector, produce in any court or provide to any person any document, or disclose to any court or person any information, that has come into the firstmentioned person's possession or to that person's knowledge in the exercise of that person's functions under a prescribed Act unless that person-- (a) does so for the purposes of a prescribed Act; or (b) is required to do so by order of any court or judge or otherwise by law. (2) A person who fails to comply with subsection (1) commits an offence. Maximum penalty--10 penalty units. (3) For the purposes of subsection (1) each of the following Acts is a prescribed Act-- (a) this Act; (b) principal Act; (c) repealed Act. 23 Penalties etc. payable to consolidated fund All penalties, costs, fees, charges and expenses recovered under this Act are to be paid into and become part of the consolidated fund of this State. 23A Approval of forms The chief executive may approve forms for use under this Act. 24 Regulations (1) The Governor in Council may make regulations under this Act. (2) A regulation may impose a penalty not exceeding 30 penalty units for an offence against the regulations. 30 References to certain officials In an Act or document-- (a) a reference to the chief inspector of weights and measures may, if the context permits, be taken to be a reference to the chief inspector of trade measurement; and (b) a reference to a deputy chief inspector of weights and measures may, if the context permits, be taken to be a reference to the deputy chief inspector of trade measurement. 31 References to repealed Act In any Act or document, a reference to the Weights and Measures Act 1951 or the Trade Measurement (Bread) Act 1990 is taken to be a reference to the Trade Measurement Act 1990 or this Act, as the case requires. - NOTES Page Date to which amendments incorporated 13 Key 14 Table of reprints 14 Tables in earlier reprints 15 List of legislation 15 List of annotations 16 List of forms notified or published in the gazette 18 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 December 2009. Future amendments of the Trade Measurement Administration Act 1990 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1995 Act No. 1 1 May 1995 1 May 1995 1A 1995 Act No. 58 28 November 1995 16 August 1996 1B 1996 Act No. 37 1 December 1996 13 December 1996 2 1996 Act No. 37 1 December 1996 3 April 1998 Reprint No. Amendments included Effective Notes 2A 2006 Act No. 19 1 February 2007 2B 2009 Act No. 25 2 November 2009 2C 2009 Act No. 24 1 December 2009 Name of table Reprint No. Changed names and titles 1 Obsolete and redundant provisions 1 Renumbered provisions 1 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) >