Western Australian Numbered Acts Western Australian Numbered Acts (1) In this Act,
unless the contrary intention appears —
“Administration Act” means the
Trade Measurement Administration Act 2006 ;
"approved pattern", in relation to a measuring
instrument, means a pattern approved for the measuring instrument under the
National Measurement Act section 19A, being an approval that —
(a) is
currently in force under that provision; or
(b)
has —
(i)
expired; or
(ii)
been cancelled (but not withdrawn),
under the National
Measurement Act and was in force when the measuring instrument was first
verified or certified;
"article" includes substance;
"Australian legal unit of measurement" has the
same meaning as in the National Measurement Act;
"certify" has the meaning given by
section 19(1);
“Commissioner” means the person for
the time being designated as the Commissioner under section 6 of the
Administration Act;
"corresponding law" means a law of another State
or of a Territory that corresponds to this Act;
"document" includes any record of information,
whether or not the information is available only after the record is subjected
to an electronic or other process;
“firewood” means any wood, including
dockings, edgings, mill ends, offcuts and timber products, that —
(a) is
intended for use as firewood; and
(b) is
in billets or lengths of not more than 2.4 m;
"inspector" has the same meaning as in the
Administration Act;
"inspector’s mark" means —
(a) the
mark approved by the Commissioner for use by an inspector in verifying or
re-verifying a measuring instrument; or
(b) such
a mark under a corresponding law;
"licence" means a servicing licence or a public
weighbridge licence in force under Part 6;
"licensee’s mark" means —
(a) the
mark approved by the Commissioner for use by or on behalf of the licensee in
certifying or re-certifying a measuring instrument; or
(b) such
a mark under a corresponding law;
"measurement" means a determination of number or
physical quantity, other than for descriptive purposes only;
"measuring instrument" has the meaning given by
the National Measurement Act;
"National Measurement Act" means the National
Measurement Act 1960 of the Commonwealth as amended and in force for the
time being;
“pack” , for the purpose of deciding
who packs or has packed an article as a prepacked article, includes authorise,
direct, cause or permit a person to pack an article as a prepacked article;
"package" includes —
(a) a
container, wrapper, confining band or other thing in which an article is
packed, or 2 or more articles are packed, for sale as a single item; and
(b)
anything around which an article is wound or wrapped, or 2 or more articles
are wound or wrapped, for sale as a single item;
"pre-packed article" means an article that is
packed in advance ready for sale;
"public weighbridge" means a weighbridge that is
open for use by or on behalf of the public or for the use of which a charge is
made;
"purchaser" includes a person purchasing as agent
for another person;
“re-certify” has the meaning given by
section 19(2);
"record" includes any document;
"reference standard of measurement" has the same
meaning as in the National Measurement Act;
"re-verify" has the meaning given by
section 18(2);
"sell" includes —
(a)
agree to sell;
(b)
offer or expose for the purpose of selling;
(c) have
in possession for the purpose of selling;
(d)
barter or exchange; and
(e)
authorise, direct, cause or permit —
(i)
any act referred to in paragraphs (a) to (d) to
be done; or
(ii)
anything else that is a sale;
"seller" includes a person who sells as agent for
another person;
"servicing licence" means a servicing licence in
force under Part 6;
"State primary standard of measurement" has the
same meaning as in the National Measurement Act;
“use” , in relation to the use of a
measuring instrument for trade, includes —
(a) have
the measuring instrument in possession for use;
(b) make
the measuring instrument available for use; and
(c)
authorise, direct, cause or permit a person to do —
(i)
an act mentioned in paragraph (a) or (b); or
(ii)
anything else that is the use of a measuring instrument
for trade;
"vehicle" includes vessel, aircraft and any other
means of conveying persons or goods;
"verify" has the meaning given by
section 18(1);
"weighbridge" means a measuring instrument
that —
(a) is
of a capacity of 3 tonnes or more; and
(b) has
a platform by the use of which the measuring instrument is capable of
determining the mass of a vehicle or of livestock;
“weighbridge suitability statement” ,
for a public weighbridge licence, means a statement, signed by the
Commissioner, that the weighbridge mentioned in the licence is suitable for
use as a public weighbridge.
(2) References in this
Act to making provision in respect of a class of things include making
provision in respect of things that come within a particular description.