Western Australian Consolidated Regulations

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TRADE MEASUREMENT REGULATIONS 2007 - REG 3

3 .         Terms used

                In these regulations, unless the contrary intention appears —

        approved means approved by the Commissioner;

        approved printing device means a printing device that conforms to an approved pattern;

        authorised person , in relation to a measurement at a public weighbridge, means —

            (a)         in the case where a vehicle is being measured, the driver or owner of the vehicle; and

            (b)         in the case where livestock is being measured, the drover or owner of the livestock; and

            (c)         in any case, a person who the operator of the weighbridge is satisfied is, or would have been, authorised to request the measurement;

        certificate of approval has the meaning given to that term in the National Measurement Regulations regulation 3;

        characters includes letters, figures and symbols;

        cheese and cheese products do not include articles for sale as processed cheese or cheese spreads;

        class 4 measuring instrument means a measuring instrument of an approved pattern that, in accordance with the approved pattern —

            (a)         has not less than 100 but not more than 1 000 verification scale intervals, each of which represents not less than 5 g; and

            (b)         has a symbol on the measuring instrument that is —

                  (i)         an oval; or

                  (ii)         2 parallel horizontal lines that are joined at each end by a semicircle,

                with 4 vertical lines in the symbol;

        cream does not include clotted cream or sour (cultured) cream;

        dried or dehydrated fruit includes glace and crystallised fruit and fruit peel;

        dried or dehydrated mixed fruit includes any such fruit mixed with nuts;

        end‑and‑end measurement means the determination of a measurement relating to a vehicle (whether loaded or not) by adding together separate measurements of the mass supported singly or in combination by the different axles of the vehicle, those separate measurements having been determined by separate operations of a weighbridge;

        garden landscape material means soil, pebbles, crushed tile, crushed white quartz, Grawin gravel, crushed western red, crushed snowflake, New Zealand lava scoria, Pacific coral, river stones, crushed material mix and any like substance for use in gardens;

        glass , in relation to a container or drinking vessel, includes any other material permitted by the approved pattern for the container or drinking vessel;

        glass measure means —

            (a)         a container made wholly or principally of glass or other rigid substance in which it is intended that lubricating oil will be sold by volume of the quantity (otherwise than as a pre‑packed article); or

            (b)         a measure made of glass or other rigid or semi‑rigid substance intended for use for the sale of beer, ale, stout or spirits by quantity (otherwise than as a pre‑packed article);

        ice cream includes any form of frozen confection containing ice cream, flavoured ice, fruit‑ice, water‑ice or a substitute for ice cream;

        liquid chemicals includes solvents packed for sale for pharmaceutical, laboratory or industrial use;

        main display part , in relation to a package, means —

            (a)         if the name or brand of the article in the package appears on the package once only — the part of the package on which it appears; or

            (b)         if the name or brand of the article in the package appears on more than one part of the package with equal prominence in each case — any one of those parts; or

            (c)         if the name or brand of the article in the package appears on more than one part of the package but not always with equal prominence — the part of the package on which it is more prominent or any part of the package on which it is most prominent; or

            (d)         if the name or brand of the article in the package does not appear on the package — that part of the package that will be most prominent when the package is exposed for sale in the manner in which it is likely to be exposed for sale;

        measurement marking means the marking of measurement required by these regulations to be made on the package containing a pre‑packed article;

        measurement ticket , in relation to a measurement made using a public weighbridge, means a ticket for that measurement referred to in regulation 20(1);

        National Measurement Regulations means regulations made under the National Measurement Act;

        operator , in relation to a weighbridge, means the person who personally determines a measurement by use of the weighbridge;

        owner , in relation to a measuring instrument, means the person who —

            (a)         uses, or proposes to use, the measuring instrument for trade; or

            (b)         proposes to make it available for use for trade;

        paint includes enamel but does not include a two‑pack paint, artists’ paint or powder coatings;

        poultry means any kind of bird used for human consumption, whether it is cooked or uncooked or consists of poultry pieces;

        poultry piece means leg, wing, breast or other part detached from a poultry carcase and any division of a poultry carcase;

        principal Act means the Trade Measurement Act 2006 ;

        public measurement , in relation to a weighbridge, means the use of the weighbridge by or on behalf of the public or for which a charge is made;

        public weighbridge licence means a public weighbridge licence in force under the principal Act Part 6;

        public weighbridge licensee means the holder of a public weighbridge licence;

        relevant person , in relation to a measurement at a public weighbridge, means —

            (a)         the person who requested the measurement; or

            (b)         any other authorised person in relation to the measurement; or

            (c)         any other person who has a proprietary interest in goods or livestock that are wholly or partly the subject of the measurement;

        resins includes natural resins, synthetic resins and polymeric materials other than paint;

        servicing licensee means the holder of a servicing licence;

        therapeutic goods means goods for therapeutic use as defined in the Therapeutic Goods Act 1989 of the Commonwealth;

        tobacco includes plug tobacco.

        [Regulation 3 amended in Gazette 22 Jun 2010 p. 2768.]



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