Trade Measurement Amendment Regulations 2008
S.R. No. 38/2008
table of provisions
RegulationPage
RegulationPage
1Objectives
2Authorising provisions
3Commencement
4Principal Regulations
5Definitions
6Amendment of regulation 5
7Divisions 3 and 4 of Part 2 substituted
Division 3—Public weighbridges
16Provision of a weighbridge suitability statement when public weighbridge licence is granted
17Provision of a weighbridge suitability statement in relation to an existing public weighbridge licence
18Suitability for use as a public weighbridge
19When a public weighbridge is to be examined for issuing a new weighbridge suitability statement
20Licence and sign to be displayed at public weighbridge
21General system of measurement tickets
22Offences by licensees
23If weighbridge measurement incorrect
24Request for measurement may be refused in some circumstances
25Offences by operator
26Licensee to give notice of change of particulars
27When a vehicle weighing is not a use of a weighbridge as a public weighbridge
28Register of licences
8Insertion of new regulation 31A
31AApproval of forms
9Regulation 95 amended
10New Part 7 inserted
Part 7—TRANSITIONAL PROVISIONS
98Certificates of suitability
99Suspension of certificates of suitability
100Display of licence
101Prescribed forms
11Revocation of Schedules
12Schedule 3 substituted
SCHEDULE 3—Public Weighbridge Operator's Duties
1Completion and issue of measurement tickets
2Correction of mistakes
3Restriction on additional information on measurement ticket
4Measurement of vehicle in 2 weighings—unloaded then loaded
5Measurement of vehicle in 2 weighings—loaded then unloaded
6Issue of measurement ticket for axle load measurement
7Issue of copies of measurement tickets
8Inspector may require measurement to be made
13Schedule 8 substituted
SCHEDULE 8
Servicing Licence Fees
Public Weighbridge Licence Fees
14Amendment to Schedule 9
15Amendment to Schedule 10
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ENDNOTES
1
statutory rules 2008
S.R. No. 38/2008
1
Trade Measurement Act 1995
Trade Measurement (Administration) Act 1995
1
Trade Measurement Amendment Regulations 2008
1
S.R. No. 38/2008
Trade Measurement Amendment Regulations 2008
The Governor in Council makes the following Regulations:
Dated: 21 May 2008
Responsible Minister:
TONY ROBINSON
Minister for Consumer Affairs
ryan heath
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are to amend the Trade Measurement Regulations 2007—
(a)to adopt nationally agreed reforms to the model Uniform Trade Measurement Legislation for public weighbridges; and
(b)to amend fees and prescribed offences and penalties to provide for the amendments to the model Uniform Trade Measurement Legislation.
2Authorising provisions
These Regulations are made under section 80 of the Trade Measurement Act 1995 and section 25 of the Trade Measurement (Administration) Act 1995.
3Commencement
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These Regulations come into operation on 1 July 2008.
4Principal Regulations
In these Regulations, the Trade Measurement Regulations 2007[1] are called the Principal Regulations.
5Definitions
(1)In regulation 4 of the Principal Regulations, the definition of certificate of suitabilityis revoked.
(2)In regulation 4 of the Principal Regulations insertthe following definitions—
"approved form means a form approved by the administering authority under regulation31A;
copy measurement ticket means a copy measurement ticket mentioned in regulation 21(3)(b) or 21(4)(b) or in clause 7(2) of Schedule 3;
measurement ticket, for a measurement made at a weighbridge, means a measurement ticket issued for the measurement and includes a copy measurement ticket and an original measurement ticket;
original measurement ticket means an original measurement ticket mentioned in regulation 21(3)(a) or 21(4)(c)(ii) or in clause 7(6) of Schedule 3;
preservation period means—
(a)for measurement tickets issued from a book or pad oftickets, the period for which the tickets are required to be kept under regulation 21(3)(d); or
(b)for measurement tickets that are generated electronically, the period for which the tickets are required to be kept under regulation 21(4)(c);
registered number, of a weighbridge, means the number included in the register of licences kept by the administering authority as the registered number of the weighbridge;".
6Amendment of regulation 5
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In regulation 5 of the Principal Regulations, for "have effect in addition to, and do not derogate from"substitute"are in addition to, and do not limit".
7Divisions 3 and 4 of Part 2 substituted
For Divisions 3 and 4of Part 2 of the Principal Regulationssubstitute—
"Division 3—Public weighbridges
16Provision of a weighbridge suitability statement whenpublic weighbridge licence is granted
(1)If an applicant applies for a public weighbridge licence for a weighbridge, the administering authority must advise the licensing authority if the weighbridge is suitable for use as a public weighbridge.
(2)If the administering authority advises the licensing authority that the weighbridge is suitable for use as a public weighbridge and the licensing authority grants a public weighbridge licence, the licensing authority must ensure the licence has a weighbridge suitability statement written on it.
17Provision of a weighbridge suitability statement inrelation to an existing public weighbridge licence
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(1)This regulation applies to the provision of a weighbridge suitability statement for a weighbridge other than when the public weighbridge licence for the weighbridge is granted.
(2)On application and payment of the fee for the new weighbridge suitability statement, the administering authority may provide the statement by issuing a copy of the licence with the statement written on it.
(3)The administering authority must not provide the new weighbridge suitability statement unless an inspector examines the weighbridge for the administering authority and is satisfied the weighbridge is suitable for use as a publicweighbridge.
18Suitability for use as a public weighbridge
An inspector may only find a weighbridge suitable for use as a public weighbridge for the purposes of regulation 17(3) if the inspector has examined the weighbridge for the administering authority and is satisfied of the following—
(a)there is enough room for a vehicle using the weighbridge to move onto and off the weighbridge without reversing; and
(b)the type of weighbridge and the size of its platforms are suitable for use as a public weighbridge; and
(c)the weighbridge complies with these Regulations.
19When a public weighbridge is to be examined for issuing a new weighbridge suitability statement
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The administering authority must, as far as practicable, cause an inspector to examine a public weighbridge not earlier than one month before the end of the period for which the weighbridge suitability statement for the public weighbridge licence is in force.
Note
For when a weighbridge suitability statement is in force, see section 50(1)(aa) of the Act.
20Licence and sign to be displayed at publicweighbridge
(1)A licensee for a public weighbridge must display at the weighbridge—
(a)the licence for the weighbridge with a current weighbridge suitability statement written on it; and
(b)a sign that clearly indicates, in words and figures at least 100mm high and on a background of contrasting colour—
(i)the weighbridge is a public weighbridge; and
(ii)the registered number for the weighbridge.
(2)The licensee must ensure that—
(a)the licence and the sign—
(i)are prominently displayed at the weighbridge; and
(ii)can be seen easily by anyone using the weighbridge; and
(b)the licence is properly protected from the effects of weather.
Note
A failure by a licensee to comply with a provision of the regulation is a ground for disciplinary action against the licensee under section 56(1)(a) of the Act.
21General system of measurement tickets
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(1) A licensee for a public weighbridge must ensure that measurementtickets in the approved form are able to be issued,or generated electronically, at theweighbridge for each measurement made using theweighbridge.
(2)The measurement tickets must be—
(a)issued from a bound book of tickets or from a block oftickets held together at one edge to form a pad; or
(b)generated electronically.
(3)In relation to measurement tickets that are issued from a book or pad, thelicensee must ensure that—
(a)there are clearly identifiable original measurementtickets that are numbered consecutively and are retained bythe licensee; and
(b)there are clearly identifiable copy measurement ticketsthat are issued to persons for whom measurements aremade; and
(c)immediately after the last issue of a copymeasurement ticket from a pad of measurement tickets,all original measurement tickets and all unissued copymeasurement tickets are securely bound together; and
(d)a book or pad, from whichmeasurement tickets areissued, is kept from when a measurement ticket is firstissued from the book or pad until at least one year after ameasurement ticket is last issued from the book or pad.
(4)In relation to measurement tickets that are generated electronically, thelicensee must ensure that—
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(a)particulars of measurement tickets, numberedconsecutively, are created electronically; and
(b)printed versions of the measurement tickets, clearlyidentified as copy measurement tickets, are issued topersons for whom measurements are made inaccordance with their numerical order; and
(c)the licensee keeps for at least one yearafter a measurement is made and a copy measurementticket is issued—
(i)the electronic record of the particulars included inthe ticket; or
(ii)a printed version of the original measurementticket, clearly identified as an originalmeasurement ticket.
(5) Subregulation (4)(a) does not apply to a copy of a measurementticket issued under clause7 of Schedule 3.
(6) A book or pad of measurement tickets may contain more than one copy measurement ticket for each original measurementticket.
22Offences by licensees
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(1)A licensee of a public weighbridge must ensure that—
(a)the weighbridge is kept accurately at zero when there isno load on the platform;
(b)the weighbridge platform is kept clean;
(c)the space between the weighbridge frame and theweighbridge platform is kept free fromobstructions;
(d)for a measurement made using the weighbridge for aperson—
(i)appropriate care is taken to decide themeasurement;
(ii)an original measurement ticket and the copymeasurement ticket arecompleted in consecutive numerical order and with appropriatecare as soon as practicable; and
(iii)the person requesting the measurement is issued with the copy measurementticket for the measurement immediately after theoriginal measurement ticket is completed.
Penalty: 20 penalty units.
(2)During the preservation period, a licensee of a public weighbridge must ensure, in relation to a measurement ticket issued from a book or pad of tickets, that the original measurement ticket is produced to a relevant person on demand within a reasonable time.
Penalty: 20 penalty units.
(3)During the preservation period, a licensee of a public weighbridge must ensure, in relation to a measurement ticket generated electronically, that a printed version of the original measurement ticket is produced to a relevant person on demand within a reasonable time.
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Penalty: 20 penalty units.
(4)During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, a licensee of a public weighbridge must not—
(a)remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or
(b)alter an original measurement ticket or an unissued copy measurement ticket.
Penalty: 20 penalty units.
(5)During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, a licensee of a public weighbridge must not permit a person—
(a)to remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or
(b)to alter an original measurement ticket or an unissued copy measurement ticket.
Penalty: 20 penalty units.
(6)During the preservation period, a licensee of a public weighbridge must not, in relation to measurement tickets generated electronically—
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(a) delete or alter an electronic record of particulars included in a measurement ticket; or
(b) dispose of or alter a printed version of an original measurement ticket.
Penalty: 20 penalty units.
(7)During the preservation period, a licensee of a public weighbridge must not permit a person, in relation to measurement tickets generated electronically—
(a) to delete or to alter an electronic record of particulars included in a measurement ticket; or
(b) to dispose of or to alter a printed version of an original measurement ticket.
Penalty: 20 penalty units.
(8)In this regulation—
relevant person means—
(a)an inspector; or
(b)any other person who has a genuine interest in examining the ticket.
Example
A person whose goods were on a truck being driven by another person when the goods were weighed has a genuine interest in examining the ticket.
23If weighbridge measurement incorrect
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If the licensee for a public weighbridge knows, or has reasonto believe, that a measurement made using the weighbridge wouldbe incorrect, the licensee must immediately—
(a)withdraw theweighbridge from use; and
(b)notify the administeringauthority that the weighbridge has been withdrawn from use andthe reason for the withdrawal.
24Request for measurement may be refused in somecircumstances
A licensee for a public weighbridge must ensure a request fora measurement to be made using the weighbridge duringnormal trading hours is not refused unless—
(a)the weighbridge does not have the capability to makethe measurement; or
(b)the person requesting the measurement to be made isasked to pay the licensee's fee in advance and thepayment is not made; or
(c) the licensee knows, or has reason to believe, ameasurement made using the weighbridgewould beincorrect.
25Offences by operator
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(1)The operator of a public weighbridge, when using a public weighbridge for public weighing, must comply with all of the requirements set out in Schedule 3.
Penalty: 20 penalty units.
(2)The operator of a public weighbridge must not use theweighbridge for public weighing if the operator knows, or hasreason to believe, a measurement made using the weighbridgewould be incorrect.
Penalty: 20 penalty units.
(3)In relation to a measurement made using a public weighbridge, the operator of the public weighbridge must not issue to theperson requesting the measurement—
(a)the original measurement ticket for the measurement; or
(b)a copy measurement ticket that is not a correct copy ofthe original measurement ticket for the measurement.
Penalty: 20 penalty units.
(4)During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, an operator of a public weighbridge must not—
(a)remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or
(b)alter an original measurement ticket or an unissued copy measurement ticket.
Penalty: 20 penalty units.
(5)During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, an operator of a public weighbridge must not permit a person—
(a)to remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or
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(b)to alter an original measurement ticket or an unissued copy measurement ticket.
Penalty:20 penalty units.
(6)During the preservation period, an operator of a public weighbridge must not, in relation to measurement tickets generated electronically—
(a) delete or alter an electronic record of particulars included in a measurement ticket; or
(b) dispose of or alter a printed version of an original measurement ticket.
Penalty: 20 penalty units.
(7)During the preservation period, an operator of a public weighbridge must not permit a person, in relation to measurement tickets generated electronically—
(a) to delete or to alter an electronic record of particulars included in a measurement ticket; or
(b) to dispose of or to alter a printed version of an original measurement ticket.
Penalty: 20 penalty units.
26Licensee to give notice of change of particulars
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(1)A licensee for a public weighbridge must give to the licensingauthority written notice of the following—
(a)a change in the address for service of notices on thelicensee; and
(b)for each person employed as an operator of theweighbridge—
(i)the full name and residential address of the person;and
(ii)if the person ceases to be employed to operate the weighbridge, the last day the person wasemployed to operate the weighbridge.
(2)The licensee must give the notice within 14days after therelevant event.
Penalty: 20 penalty units.
27When a vehicle weighing is not a use of aweighbridge as a public weighbridge
(1)The use of a weighbridge to measure the tare mass of avehicle to enable it to be registered for use on a public road isnot considered to be use as a public weighbridge for the purposes of section43 of the Act if the operator of the weighbridgeissues a written statement of the tare mass measured clearlyindicating that the tare mass was measured for registrationpurposes only.
(2)Regulation 25 does not apply to the operator of the weighbridgewhen the weighbridge is used to measure the tare mass of a vehicle to enable it to be registered for use on a public road.
28Register of licences
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(1)For the purposes of section 47 of the Act, the prescribed particulars relatingto a public weighbridge licence are as follows—
(a)the licence number and the date the licence was issued;
(b)the licensee's name;
(c)the address at which notices may be served personallyon the licensee;
(d)particulars of any conditions imposed on the licenceunder section 48 of the Act;
(e)in relation to the weighbridge to which the licence relates—
(i)particulars of the weighbridge's location; and
(ii)the registered number given to the weighbridge bythe administering authority;
(f)the date on which the most recent weighbridge suitability statementfor the licence was signed.".
8Insertion of new regulation 31A
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After regulation 31 of the Principal Regulationsinsert—
"31A Approval of forms
The administering authority may approve forms for use under these Regulations.".
9Regulation 95 amended
(1) In regulation 95 of the Principal Regulations omit"or a public weighbridge licence".
(2)At the end of regulation 95 of the Principal Regulations insert—
"(2) For the purposes of sections 50(1)(aa)(i) and 52(1)(b) of the Act, the period for which a combined periodic fee is payable in respect of a public weighbridge licence and a suitability statement is the period of 12months commencing on each anniversary of the day the licence was issued.".
10New Part 7 inserted
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After Part 6 of the Principal Regulations insert—
"Part 7—TRANSITIONAL PROVISIONS
98Certificates of suitability
(1)This regulation applies to an application for a certificate ofsuitability for a weighbridge if the application was made but not decided before 1 July 2008.
(2)If the fee payable under regulation 16, as in force immediately before 1 July 2008, was paid, regulation 17, as in force on that date, applies to the application for a certificate of suitability as if it were an application for a weighbridge suitability statement.
99Suspension of certificates of suitability
A suspension of a certificate of suitability for apublic weighbridge under regulation 19, as in force immediately before 1 July 2008, continues to have effect on and after that date as a suspension of a weighbridge suitabilitystatement for the weighbridge's public weighbridge licenceuntil the first of the following happens—
(a) the suspension is withdrawn or ends; or
(b)the public weighbridge licence to which the certificateof suitability relates is cancelled or surrendered.
100Display of licence
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(1)This regulation applies ifa particular public weighbridge is taken to be licensed under aseparate public weighbridge licenceby virtue of section 83(2) of the Act.
(2)Until the administering authority issues to the licensee a copyof a licence for the public weighbridge with a weighbridgesuitability statement written on it,regulation 20(1)(a)as in force on 1 July 2008, is deemed to have been complied with if the licensee displays the certificate of suitability that was—
(a)issued for the weighbridge under regulation 20 as in force immediately before 1 July 2008; and
(b)in force immediately before 1 July 2008.
101Prescribed forms
(1)This regulation applies despite the revocation of Schedules 1 and 2.