Western Australian Consolidated Regulations

TRADE MEASUREMENT REGULATIONS 2007

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  
   4.      Matters to which the principal Act does not apply  
   5A.     Exemptions from the principal Act

   PART 2 -- Weighbridges

           Division 1 -- Requirements for weighbridges used for trade  

   5.      Requirements for weighbridges used for trade  
   6.      Situation of weighbridge  
   7.      Visibility on weighbridge  
   8.      Approaches to weighbridge  
   9.      Platforms of weighbridge  
   10.     Pit of weighbridge  
   11.     Weighbridge without pit  
   12.     Weighbridge with electronic devices  
   13.     Multi‑platform weighbridge  
   14.     Portable weighbridge  
   15.     Public weighbridge

           Division 2 -- Public weighbridges

              Subdivision 1 -- General  

   16.     Vehicle licensing measurement -- exemption from licensing etc.  
   17.     Register of public weighbridge licences  
   18.     Applications to amend public weighbridge licence to be in approved form

              Subdivision 2 -- Public weighbridge licensees  

   19.     Licence and sign to be displayed at public weighbridge  
   20.     Facilities for measurement tickets  
   21.     Issue of measurement tickets  
   22.     Operation of a public weighbridge  
   23.     Notification by public weighbridge licensee of change of certain particulars  
   24.     Additional copies of measurement tickets

              Subdivision 3 -- Operators of public weighbridges  

   25.     Issue of a measurement ticket  
   26.     Measurement -- unloaded then loaded  
   27.     Measurement -- loaded then unloaded  
   28.     Axle load measurement  
   29.     Inspector may require measurement to be made  
   30.     Operation of a public weighbridge generally  
   31.     Additional copies of measurement tickets

           Division 3 -- End‑and‑end measurements  

   32.     Prohibition on using public weighbridges for end‑and‑end measurements and transitional  
   33.     Restrictions in other cases

           Division 4 -- Miscellaneous  

   34.     Fraudulent activities of licensee or operator

   PART 3 -- Measuring instruments

           Division 1 -- Use of measuring instruments for trade  

   35.     Form of notice under the principal Act section 11  
   36.     Prescribed measuring instruments and uses (principal Act section 12)

           Division 2 -- Verification, re‑verification, certification and re‑certification  

   37.     Measuring instruments to be verified or certified in accordance with this Division  
   38.     Duration of verification and certification  
   39.     Marking of measuring instrument  
   40.     Certain measuring instruments not to be verified or certified  
   41.     Directions may be given for the purposes of verification or certification  
   42.     Testing of measuring instrument  
   43.     Testing and marking of measure of length  
   44.     Exemption of certain marked glass measures from re‑verification or re‑certification  
   45.     Exemption from marking, and restriction on use for trade, of certain small masses  
   46.     Dismantling of measuring instrument for testing  
   47.     Owner liable for costs of verification or re‑verification

           Division 3 -- Batch testing and marking  

   48.     Approval for batch testing of glass measures  
   49.     Approval authorises making of marks  
   50.     Restrictions on removal of marked glass measure  
   51.     Batch testing requirements  
   52.     Records to be kept and made available

           Division 4 -- Servicing licences and servicing licensees  

   53.     Certificate issued by servicing licensee  
   54.     Information to be provided by servicing licensee when instrument is certified or re‑certified  
   55.     Report by servicing licensee under principal Act section 61(d) or (e) to be in approved form  
   56.     Servicing licensee to keep certain records  
   57.     Register of servicing licences  
   58.     Applications to amend servicing licence to be in approved form  
   59.     Notification by servicing licensee of change of certain particulars

           Division 5 -- Restrictions on use of measuring instrument for trade  

   60.     General restrictions on use of measuring instrument for trade  
   61.     Restrictions on use of measuring instrument for trade with proportional masses  
   62.     Restrictions on use of measuring instrument for trade with load receptor

           Division 6 -- Miscellaneous  

   63.     Subdivision of scale spacing  
   64.     Measurement of liquid  
   65.     Measurement of precious stones  
   66.     Measurement of precious metals  
   67.     Commissioner to be notified when person obliterates mark on instrument

   PART 4 -- Pre‑packed articles

           Division 1 -- Preliminary  

   68.     Requirements as to packaging of pre‑packed articles  
   69.     Exemptions from marking requirements (name, address, measurement)  
   70.     Exemptions for packages containing paper  
   71.     Requirements applicable to both inner and outer packages  
   72.     Exemptions for certain inner and outer packages

           Division 2 -- Marking of name and address  

   73.     Marking of name and address on packages  
   74.     Exemption for packaged seed

           Division 3 -- Marking of measurement

              Subdivision 1 -- General requirements for measurement marking  

   75.     Requirement to mark measurement  
   76.     General position of measurement marking  
   77A.    Position of measurement marking on standard wine package  
   77.     Set‑out and form of measurement marking  
   78.     Size etc. of characters in measurement marking  
   79.     Unit etc. of measurement to be used  
   80.     Fractions, significant figures  
   81.     Special provision -- marking by approved printing device  
   82.     Marking by reference to minimum measurement

              Subdivision 2 -- Special provision for measurement marking of certain articles  

   83.     Eggs  
   84.     Articles packed in sheets  
   85.     Number of pre‑packed articles comprising 1 tonne  
   86.     Bed sheets, tarpaulins etc.  
   87.     Pairs of window curtains  
   88.     Marking of width or thickness if it directly affects price

              Subdivision 3 -- Special provision concerning measurement marking of outer packages  

   89.     Package containing packages of articles of the same kind and measurement  
   90.     Inner and outer packages of single article  
   91.     Package containing articles of different kinds or different measurements

              Subdivision 4 -- Other markings concerning measurement  

   92.     Unit price marking -- retail sales of certain foods by mass

           Division 4 -- Prohibited and restricted expressions  

   93.     Marking of “mass when packed”  
   94.     Marking of “mass at standard condition”  
   95.     Restrictions on use of “gross mass”  
   96.     Prohibited expressions

           Division 5 -- Short measure  

   97.     Extent of deficiency necessary to constitute short measure  
   98.     Articles marked “mass when packed” etc.  
   99.     Articles marked “mass at standard condition”  
   100.    Other pre‑packed articles  
   101.    Method of determining average measurement

           Division 6 -- Miscellaneous  

   102.    Measuring mass of frozen fish  
   103.    Application for permit to sell certain articles

   PART 5 -- Miscellaneous

           Division 1 -- Articles sold by reference to measurement  

   104.    Beer, spirits to be sold by volume  
   105.    Offer etc. for sale by reference to measurement

           Division 2 -- Sale of fuel by reference to measurement by volume  

   106.    Regulation of sale of fuel by reference to measurement by volume

   PART 6 -- Administration

           Division 1 -- Prescribed fees and charges  

   107.    Term used: commencement day  
   108.    Application, licence and other fees  
   109.    Period for which servicing licence fee is payable  
   110.    Period for which public weighbridge licence fee is payable  
   111.    Fees payable by servicing licensee in respect of certification or re‑certification  
   112.    Charges payable in respect of verification or re‑verification by an inspector  
   113.    Other charges and fees  
   114.    Period for payment of fees and charges  
   115.    Penalty for late payment of fees or charges

           Division 2 -- Infringement notices  

   116.    Prescribed offences and modified penalties  
   117.    Forms

   PART 7 -- Transitional and savings provisions  

   118.    Terms used  
   119.    Application  
   120.    Delayed application of certain provisions  
   121.    Temporary continuation of certain provisions of former regulations
           SCHEDULE 1 -- Requirements for measurement tickets  
           SCHEDULE 2 -- Exemptions from marking  
           SCHEDULE 3 -- Expression of measurement marking
           SCHEDULE 4 -- Permissible units of measurement  
           SCHEDULE 5 -- Application and licence fees
           SCHEDULE 6 -- Verification or certification fees, charges and periods  
           SCHEDULE 7 -- Other charges and fees
           SCHEDULE 8 -- Prescribed offences and modified penalties
           SCHEDULE 9 -- Forms
           Compilation table