National Measurement Act 1960 (Cth)

National Measurement Act 1960

No. 64, 1960

Compilation No. 22

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the National Measurement Act 1960 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 3 Interpretation 3A Meaning of made available as a public weighbridge 4 Objects and application of Act 4A Application of Act—utility meters used for trade 4B Application of trade measurement provisions 5 Act to bind the Crown 6 Extension of Act to Territories 6A Application of the Criminal Code Part II—Units and standards of measurement 7 Australian legal units of measurement 7A Regulations may prescribe Australian legal units of measurement etc. 7B Guidelines 8 Australian standards of measurement 8AA Co‑ordinated Universal Time 8A Recognized‑value standards of measurement 9 Verification of State primary standards of measurement 10 Measurements to be ascertained in accordance with appropriate standards of measurement, Australian certified reference materials or certified measuring instruments 11 Conversion factors 12 Trade contracts etc. to be expressed in Australian legal units of measurement 12A Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement 13 Contracts etc. relating to exportation or importation of goods 13A Futures contracts and contracts etc. relating to futures contracts 14 References in laws to units of measurement Part III—National Measurement Institute and Chief Metrologist 16 Overview of Part 17 National Measurement Institute 18 Metrological functions 18A Chief Metrologist 18B Acting Chief Metrologist 18C Delegation by the Secretary 18D Delegation by the Chief Metrologist Part IV—Using measuring instruments for trade Division 1—Overview of Part 18G Overview Division 2—Requirements for use of measuring instruments for trade 18GA Measuring instruments used for trade to be verified 18GB Installing measuring instruments not of an approved pattern 18GC Supplying measuring instruments not of an approved pattern 18GCA Letting for hire or loaning unverified measuring instruments 18GD Inaccurate use of measuring instruments 18GE Using or supplying inaccurate measuring instruments Division 3—Verification of measuring instruments 18GF Overview 18GG Meaning of verification 18GH Who is permitted to verify measuring instruments other than utility meters? 18GI Who is permitted to verify utility meters? 18GJ Register of verification marks 18GK Requirements for verification 18GL Standards of measurements to be used for verification 18GM Using a verification mark when not permitted to do so 18GN Sale or supply of measuring instrument marked by someone not permitted to do so 18GO Misleading marks 18GP Wrongful possession of an instrument for making a verification mark 18GPA Obligation to obliterate verification mark—person who adjusts or repairs measuring instrument 18GQ Obligation to obliterate verification mark—person who causes adjustment or repair of measuring instrument 18GR Measuring instrument taken not to have failed test procedures in certain circumstances Part V—General provisions on using measurement in trade 18H Overview 18HA When is an article packed in advance ready for sale? 18HB Certain articles must be sold by measurement—articles packed in advance ready for sale 18HC Certain articles must be sold by measurement—other articles 18HD Transactions based on measurement to be in prescribed units of measurement 18HE Measuring instruments used in transactions to have prescribed scale intervals 18HF Unreliable methods of measurement 18HG Limiting use of certain measuring instruments 18HH Measuring instruments and methods of measurement used in monitoring compliance with the Act 18HI Articles sold by measurement to be sold by net measurement Part VI—Articles packed in advance ready for sale Division 1—Overview of Part 18J Overview Division 2—Marking packed articles Subdivision 2‑A—Required package information 18JA Package must be marked with required package information—packer 18JB Package must be marked with required package information—importer 18JC Package must be marked with required package information—seller 18JD Package must be marked with required package information—possession, offer or exposure for sale 18JE Package must be marked in prescribed manner Subdivision 2‑B—Prohibited expressions 18JF Using prohibited expressions—packer 18JG Using prohibited expressions—seller 18JH Using prohibited expressions—possession, offer or exposure for sale Subdivision 2‑C—Notices to remedy 18JHA Trade measurement inspector may give notice to remedy Division 3—Average Quantity System for packed articles Subdivision 3‑A—Preliminary 18JI Overview of Division Subdivision 3‑B—AQS marks 18JJ What is an AQS mark? 18JK AQS mark must be used in accordance with regulations 18JL Using misleading marks 18JLA Trade measurement inspector may give notice to remedy Subdivision 3‑C—Shortfall 18JM Shortfall offence—packer 18JN Shortfall offence—importer 18JO Shortfall offence—possession, offer or exposure for sale 18JP Shortfall offence—sale Division 4—Packed articles not marked with AQS mark Subdivision 4‑A—Overview of Division 18JQ Overview Subdivision 4‑B—Shortfall offences 18JR When is there a shortfall in the measurement of a packed article? 18JS Shortfall offence—packer 18JT Shortfall offence—importer 18JU Shortfall offence—possession, offer or exposure for sale 18JV Shortfall offence—seller Division 5—Permits 18JW Overview 18JX Permits for certain packed articles 18JY Register of permits 18JZ Evidentiary certificate Part VII—Other articles 18K Overview 18KA Requirements if purchaser present when measurement made 18KB Requirements if purchaser not present when measurement made 18KC Articles sold by measurement—price of packaging 18KD Shortfall offence—sale Part VIII—Enforcement of Parts IV to VII Division 1—Overview 18L Overview Division 2—Evidentiary matters 18LA Evidentiary certificate—shortfall offences 18LB Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence 18LC Person giving certificate may be called to give evidence 18LD Evidence in support or rebuttal of matters in certificate to be considered on its merits 18LE Evidence—matters relating to packing Division 3—Infringement notices 18LF When an infringement notice can be given 18LG Matters to be included in an infringement notice 18LH Amount of penalty 18LI Withdrawal of an infringement notice 18LJ What happens if the penalty is paid 18LK Effect of this Division on criminal proceedings Division 4—Additional enforcement options 18LL Overview 18LM Accepting undertakings 18LN Enforcing undertakings 18LO Injunctions 18LP Secretary may publicise offences 18LQ Affected contracts etc. voidable Part IX—Trade measurement inspectors Division 1—Overview of Part 18M Overview Division 2—Appointment of trade measurement inspectors and identity cards 18MA Appointment of trade measurement inspectors 18MB Identity card 18MC Evidentiary certificate—appointment and class of trade measurement inspector Division 3—Powers of trade measurement inspectors 18MD Overview 18MDA Powers of trade measurement inspectors in public areas of business premises 18ME Monitoring powers 18MF Collecting evidential material 18MG General powers of trade measurement inspectors 18MH Trade measurement inspector may request persons to answer questions or produce documents 18MI English translation of book, record or document requested by a trade measurement inspector 18MIA Trade measurement inspector may give directions to controllers of business vehicles etc. 18MJ Power to give directions in relation to re‑verification 18MK Power to verify measuring instruments on request 18ML Evidentiary certificate—examination and calibration under section 18MK 18MM Trade measurement inspector must obliterate verification mark 18MMA Notices to remedy Division 4—Obligations of trade measurement inspectors 18MN Trade measurement inspector must produce identity card on request 18MO Details of warrant to be given to controller etc. 18MP Consent to enter residential premises 18MQ Announcement on entry or inspection 18MR Compensation for damage to electronic equipment 18MS Copies of seized things to be provided 18MT Receipts for things seized 18MU Retention of seized things 18MV Magistrate may permit a thing to be retained Division 5—Controller's rights and responsibilities 18MW Controller entitled to be present during search 18MX Controller must provide trade measurement inspector with facilities and assistance Division 6—Warrants 18MY Overview 18MZ Monitoring warrants 18MZA Warrants relating to the collection of evidential material 18MZB Urgent warrant for the collection of evidential material 18MZC Powers conferred on magistrates in their personal capacity 18MZD Immunity of magistrates Part X—Servicing licensees 18N Overview 18NA Application for a servicing licence 18NB Granting a servicing licence 18NC Circumstances in which servicing licence must be refused 18ND Where the applicant is a body corporate 18NE Where the applicant is a partnership 18NF Register of servicing licences 18NG Conditions may be imposed on servicing licences 18NH Conditions on all servicing licences 18NI Application to amend a condition of a servicing licence 18NJ Application to change servicing licensee due to change of partnership 18NK Application for renewal of servicing licence 18NL Renewal of servicing licence 18NM Surrender and transfer of servicing licence 18NN Order preventing employment of certain persons 18NO Offence—breaching a condition of a servicing licence Part XI—Public weighbridges Division 1—Public weighbridge licences 18P Overview 18PA Application for a public weighbridge licence 18PB Granting a public weighbridge licence 18PC Circumstances in which public weighbridge licence must be refused 18PD Where the applicant is a body corporate 18PE Where the applicant is a partnership 18PF Register of public weighbridge licences 18PG Conditions may be imposed on public weighbridge licences 18PH Conditions on all public weighbridge licences 18PI Application to amend a condition of a public weighbridge licence 18PJ Application to change public weighbridge licensee due to change of partnership 18PK Application to contract out the operation of the public weighbridge 18PL Application for renewal of public weighbridge licence 18PM Renewal of public weighbridge licence 18PN Surrender and transfer of public weighbridge licence 18PO Effect of relocation of licensed public weighbridge 18PP If weighbridge no longer suitable for use as public weighbridge 18PQ Order preventing employment of certain persons 18PR Order preventing contract with certain person to operate public weighbridge 18PS Order preventing employee of a public weighbridge contractor from operating public weighbridge Division 2—Offences in relation to public weighbridges 18PT Offence—making a weighbridge available as a public weighbridge when not licensed etc. 18PU Offence—breaching a condition of a public weighbridge licence Part XII—Disciplinary action against servicing licensees and public weighbridge licensees 18Q Overview 18QA Grounds for disciplinary action 18QB Notice to licensee of grounds for disciplinary action 18QC Taking disciplinary action 18QD Accepting undertakings 18QE Enforcing undertakings 18QF Secretary may publicise grounds on which disciplinary action taken, etc. Part XIII—Utility meter verifiers Division 1—Appointment of utility meter verifiers on application 18R Applying to be a utility meter verifier 18RA Appointment of utility meter verifiers 18RB Conditions on appointment of utility meter verifiers 18RC Secretary must allocate utility meter verifier's mark 18RCA NATA accredited verifiers Division 2—Disciplinary action against utility meter verifiers appointed on application 18RD Notice to utility meter verifier of intention to take disciplinary action 18RE Secretary may seek further information 18RF Secretary must consider utility meter verifier's submission and information in making a decision under section 18RG 18RG Taking of disciplinary action against a utility meter verifier Division 3—Appointing Commonwealth or State officials etc. as utility meter verifiers 18RH Appointment of Commonwealth or State officials etc. as utility meter verifiers 18RI Secretary must allocate verification marks to utility meter verifiers appointed under section 18RH Part XIV—Miscellaneous 19 Maintaining of standards of measurement etc. before regulations prescribing units take effect 19A Patterns of instruments 19AAA Tolerances 19AAB Measuring instrument—accordance with pattern 19B Offences 19C Offences committed by employees—liability of employee 19D Offences committed by employees—liability of employer 19E Offences committed by agents—liability of agent 19F Offences committed by agents—liability of principal 19H Protected information 19J Review by Administrative Review Tribunal of decisions under this Act 19K Jurisdiction of the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2) 19L Fees recoverable as a debt due to the Commonwealth 19M Rights may be amended, suspended or cancelled etc. 19N Compensation for acquisition of property 19P Evidentiary matters—signature of Secretary or trade measurement inspector 19Q Chief Metrologist may determine matters 20 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history