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©State of Queensland
QUEENSLAND
WEIGHTS AND MEASURES ACT 1951-i983
[Reprinted as at 1 September, 1983]
Weights and Measures Act of 1951, 15 Geo. 6 No. 35 As amended by
Weights and Measures Act Amendment Act of 1957, 6 Eliz. 2 No. S Weights and Measures Acts Amendment Act of 1958, 7 Eliz. 2 No. 35 Weights and Measures Acts Amendment Act of 1963, No. 42
Weights and Measures Acts Amendment Act of 1965, No. 36 Weights and Measures Acts Amendment Act of 1966, No. 14
Weights and Measures Acts Amendment Act of 1967, No. 54
This Act (except s. 10 (J)) commenced 18 April 1968 (Proc. pubd. Ind. Gaz.
20 April 1968, p. 172).
Part VA of the Principal Act (inserted by s. 10 (I)) commenced as follows:- ss. 43A, 43c-43F, 431 commenced 1 October 1968 (Proc. pubd. Ind. Gaz. 28
September 1968, p. 67).
ss. 43G, 43H commenced I November 1968 (Proc. pubd. lnd Gaz. 28 September 1968, p. 67).
ss. 43B, 43J commenced 1 November 1969 (Proc. pubd. Ind. Gaz. 25 October 1969, p. 176).
Weights and Measures Act Amendment Act 1972, No. 32
Commenced 1 January 1973 (Proc. pubd. Ind. Gaz. 30 December 1972, p.
929).
Weights and Measures Act Amendment Act 1978, No. 15 Weights and Measures Act Amendment Act 1983, No. 19
An Act to Consolidate and Amend the Law relating to Improper Practices in connection with Weights and Measures
(ASSENTED TO 8 NOVEMBER, 1951) BE IT ENACTED by the King's Most Excellent Majesty, by and with
1 he advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same as follows:-
2 ss. 1-4 WEIGIITS AND MEASURES ACf 1951-1983
PART I-PRELIMINARY
1. Short title. This Act may be cited as " The Weights and Measures Act of 1951".
Collective title conferred by Act of l983, No. 19, s. 1 (3).
2. Construction of Act. This Act, including every Proclamation and regulation made hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that, where any enactment hereof or provision of any such Proclamation or regulation would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.
3. Parts oi Act. This Act is divided into Parts as follows:-
PART I-PRELIMINARY;
PART !I-UNITS AND STANDARDS OF MEASUREMENT;
fART Ill-ADMINISTRATION;
fART IV-BREAD-WEIGHTS;
:PART V-SALE OF ARTICLES ANP USE Of WEIGHTS ANI!
MEASURES FOR TRADE;
PART VA-STANDARDISATION AND MARKING OF PRE-PACKED ARTICLES;
PART VI-GENERAL;
SCHEDULE.
As amended by Act of 1965, No. 36, 'S. 3; Act of 1967, No. 54, e. 3.
4. Repeals and savings. "The Weights and Measures Acts, 1924 to 1931" (herein referred •to as "•the repealed Acts") are hereby repealed.
Provided that, but without limiting the operation of "The Acts Shortening Acts"-
(i) Unless otherwise expressly provided, every Proclamation, regulation, certificate, order, requisition, notice, registration, license, register, record, instrument or other act of authority made, granted, issued, given, done, or originated under the repealed Acts and subsisting at the passing of rthis Act, shall, subject as hereinafter provided, continue in force for fJle purposes of this Act until it expires by efHuxion of time or is repealed, amended, or otherwise modified, revoked, cancelled, suspended or surrendered under this Act:
Provided that every such Proclamation regulation, certificate, order, requisition, notice, registration, license, register, record, instrument, and act of authority shall be read and ,construed subject to this Act;
(ii) Any and every stamp placed on any weight, measure, weighing instrument, or measuring instrument under and for the purposes of the repealed Acts and having force and effect
WEIGHTS AND MEASURES ACf 1951-1983 s. 5 3
thereunder immediately prior to the passing of this Act shall continue to have, subject to and for the purposes of this Act, the same force and effect, and where applicable, for the remainder of any period of time during which that stamp would have had force and effect if this Act had not been passed;
(iii) All penalties and forfeitures imposed and fees, charges, and expenses payable under the repealed Acts and not recovered or, as the case may be, paid at the passing of this Act may be enforced or recovered, and applied as if this Act had not been passed;
(iv) All actions and proceedings of whatever nature commenced or pending at the passing of this Act under the repealed Acts may be carried on and prosecuted as if this Act had not been passed, and no such action or proceeding shall abate or be discontinued or prejudicially affected by any thing in this Act contained;
(v) The Chief Inspector of Weights and Measures, the Deputy Chief Inspector of Weights and Measures, all other inspectors (including assistant inspectors) and all other officers appointed under the repealed Acts and in office at the passing of this Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively in terms of their appointment without further or other appointment under this Act;
(vi) When in any other Act reference is made to the repealed Acts, or to any provision thereof, it shall be taken, unless the context otherwise indicates or requires, that that reference is to this Act or, as the case requires, to the corresponding provision of this Act, and that reference shall be read and construed accordingly.
5. ( 1) Application of Act. Unless otherwise expressly provided the provisions of this Act shall be in addition to and not in substitution for or diminution of the provisions of any other Act or of any regulation. or rule thereunder:
Provided that where any act or omission is an offence both under a provision of this Act and under a provision of such other Act or of any regulation or rule thereunder, the offender may be prosecuted under either such provision but so that be shall not be twice punished for that offence.
(2) Unless otherwise indicated or provided, the provisions of this Act, so far as they are applicable, extend-
( a) with respect to measures tested for compliance with the Dairy Produce Act 1978-1979, to the extent that the measures may be physically marked with a certifying stamp;
4 s. 6 WEIGIITS AND MEASURES ACI' 1951-1983
(b) with respect to weights, measures, weighing instruments and measuring instruments-
(i) used in a pharmacy within the meaning of the Pharmacy Act 1976-1981 in accordance with the Dispensing Regula- tions of 1973 (as amended from time to time) made under the Health Act 1937-1982; or
(ii) used in or by or in connexion with any Department or Sub-Department of the Government of Queensland, or any corporation, instrumentality or authority, whether representing the Crown or not, constituted or established under any Act.
( 3) Arrangements with the Commonwealth. Arrangements may be made and carried into effect by and between the Minister, representing the State of Queensland, and the Commonwealth of Australia, or any Department thereof, for carrying into execution within the State of Queensland all or any of the provisions of this Act with respect to weights, measures, weighing instruments, and measuring instruments used or to be used in or by or in connection with any Department or Sub-Dep~rtment
of the Government of the Commonwealth of Australia, or any corporation or authority, whether representing the Crown or not, constituted or established under any Act of the Commonwealth.
( 4) Operation subject to Commonwealth Act. This Act shall operate and have effect subject to the Commonwealth Act, and shall be read and construed accordingly.
As amended by ·Act of 1963, No. 42, s. 2; Act of 1983, No. 19, 1. 2.
6. Meaning of terms. ( 1) In this Aot, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-
"Analyst"-A person appointed under "The Health Acts, 1937 to 1955", as a State Analyst or a person registered as a duly qualified analyst under those Acts, and whose name remains upon the register;
"Approved brand"-A brand approved by the Chief Inspector pursuant to section 43J of this Act;
"Article"-lncludes, but without limit to the generality of the meaning of that term, liquids, foods, chattels, wares, merchandise, and other goods of any and every description and, where necessary, any article and its package;
"Bakehouse"-Includes bakery and any place where bread is stored prior to delivery;
"Brand"-lncludes any mark, device, name, word, letter, numeral, or symbol, or any combination thereof;
WEIGHTS AND MEASURES ACf 1951-1983 s. 6 5
"Certificate of approval"-A certificate of approval of a pattern or modified pattern of a weight, measure, weighing instrument or measuring instrument issued by the Commission or the Chief Inspector before the commencement of the Common- wealth Act;
"Certifying certificate"-Any certificate in the form prescribed issued by an inspector in respect of any weight, measure, weighing instrument, or measuring instrument exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, for the purpose of signifying that the weight, measure, weighing instrument, or measuring instrument has been found upon inspection to be in accordance in every respect with the requirements of this Act;
''Certifying stamp"-Any stamp prescribed for use by an inspector for stamping pursuant to this Act any weight, measure, weighing instrument or measuring instrument, for the purpose of signifying that the weight, measure, weighing instrument or measuring instrument has been found upon inspection to be in accordance in every respect with the requirements of this Act;
"Chief Inspector"-The Chief Inspector of Weights and Measures appointed or deemed to be appointed under and for the purposes of this Act: The term includes any person who for the time being occupies the office or performs the duties of the Chief Inspector;
"Coal"-Includes coal, coke, slack, culm, charcoal, and cannel of any and every description;
"Commission"-The National Standards Commission constituted under the Weights and Measures (National Standards) Act 1948 of the Commonwealth and continued in existence by the Commonwealth Act;
"Commonwealth legal unit of measurement"-A unit of measure- ment prescribed under the Commonwealth Act;
"Commonwealth standard of measurement"-A standard of measurement which is a Commonwealth standard of measurement in accordance with the Commonwealth Act;
"Contract"-lncludes contract, bargain, sale, purchase, dealing, and any transaction on which payment in money or kind depends;
"Driver"-Any person driving or in charge of a vehicle;
"Inspection"-Used with reference to any weights, measures, weighing instruments, or measuring instruments, includes, but without limit to the generality of its meaning, examination, testing, verification, reverification, comparison, adjustment, and stamping under this Act by an inspector or all or any ot those things;
6 s. 6 WEIGliTS AND MEASURES ACf 1951-1983
"Inspector"-The Chief Inspector, the Deputy Chief Inspector of Weights and Measures, or any other inspector appointed or deemed to be appointed under and for the purposes of this Act: The term includes any assistant inspector and any person acting in any office as aforesaid;
"Measuring instrument"-Any instrument, utensil, machine, or appliance used for the measurement of area, length, capacity, or volume: The term includes any dipstick, flowmeter, self- measuring pump, machine, or appliance whatsoever;
"Minister"-The Minister for Employment and Labour Relations or other Minister of the Crown who, at the material time, is charged with the administration of this Act: The term includes any person for the time being performing the duties
of the Minister;
"Owner"-Owner, whether joint or several: The term includes the authorised agent, manager, or superintendent of the owner, and any lessee or hirer or borrower from the owner;
''Pack", in relation to an article--To:-
(a) enclose the article (whether wholly or partly) in or by means of;
(b) put the article in; or
(c) attach the article to, or wind or wrap the article around, some other article or thing, and "packed" and "packing"
have corresponding meanings;
"Package"-Includes anything by means of which any one article is packed for sale, or any two or more articles are packed for sale as a single item, and, in particular and without prejudice to the generality of the foregoing, includes a wrapper and a confining band;
"Person"-lncludes any body corporate;
"Place"-lncludes any shop, bakehouse, and any house and any other place whatsoever, whether a building or in the open air, whether open or enclosed, and whether a public place or a place of public resort, or not;
"Prescribed"-Prescribed by this Act; •
"Purchaser"-lncludes a person purchasing as agent for any other person;
"Regulations"-Regulations continued in force by or made under the authority of this Act;
"Sale"-lncludes barter and also includes deal in, agree to sell, offer or expose for sale, keep or have in possession for sale, send forward or deliver for or on sale, or authorise, direct, cause, permit, suffer or attempt any of such acts or things;
"Stamp"-Stamp, impress, engrave, etch, brand, seal, or otherwise mark in such manner as to be, so far as practicable, indelible;
WEIGIITS AND MEASURES ACf 1951-1983 s. 6 7
"Subsidiary standard of measurement"-A standard of measure- ment which is a subsidiary standard of measurement in accordance with the Commonwealth Act: The term includes any standard of measurement which may hereafter be a subsidiary standard of measurement in accordance with the Commonwealth Act;
''the Commonwealth Act"-The Weights and Measures (National Standards) Act 1960 of the Commonwealth: The term includes any Commonwealth Act amending or in substitution for that Act: Where applicable the term also includes regulations made under that Act or under any Common- wealth Act amending or in substitution for that Act;
"This Act"-This Act and all Proclamations and regulations continued in force or made hereunder;
"Total dry solids"-In relation to bread, the weight of the water-free substance of the bread;
"Vehicle"-Any carriage, cart, wagon, truck, motor vehicle, barrow, basket, or any other means (whether of the means before enumerated or not) of carrying anything;
"Weighing instrument"-Any weighbridge, scale, balance, spring balance, steelyard, weighing-machine, counting-weighing machine, or other instrument for weighing: The term includes the weights belonging thereto;
"Working standard of measurement"-A standard of measurement which is a working standard of measurement in accordance with the Commonwealth Act.
(2) For the purposes of this Act, the expression "use for trade"
means use in connection with or with a view to a transaction for- (a) The transferring or rendering of money or money's worth in
consideration of money's worth or money; or
(b) The making of a payment in respect of any tax, duty, charge or toll,
where-
( i) The transaction is by reference to quantity in terms of measurement of a physical quantity or in terms of number;
or is a transaction for the purposes of which there is made or implied a statement of the quantity in such terms of goods to which the transaction relates; and
(ii) The use is for the purpose of determination or statement of that quantity;
and the expression "have in possession for trade" shall have a corresponding meaning, and any weight, measure, weighing instrument or measuring instrument used in relation to any such transaction shall tor the purposes of this Act be deemed to be used for trade.
8 s. 6 WEIGHTS AND MEASURES ACI' 1951-1983
(2A) Any weight, measure, weighing instrument or measuring instrument which is made available for use by or on behalf of the public, whether on payment or otherwise, for making measurements in any of the terms referred to in subsection (2) of this section shall for the purposes of this Act be deemed to be used for trade.
(2B) For the purposes of this Act-
(a) an article shall be deemed to be pre-packed if it is packed in advance ready for sale; and
(b) on premises where articles of any description are so packed, or are kept or stored for sale after being so packed, any article of that description found on those premises (being an article that is contained in a package) shall be deemed to be pre-packed within the meaning of this Act unless the contrary is proved, and it is not sufficient proof to the contrary to show that the package has not been marked in accordance with the provisions of this Act with respect to the marking of packages containing articles of that description.
(2c) Except as otherwise prescribed, a reference in this Act to the weight or measure of an article shall be construed as a reference to the weight or measure of the article excluding the weight or measure of the package in which the article is contained.
(2o) A reference in this Act to the weight or measure of an article shall, in the case of an article of a kind that is ordinarily packed or sold by number, be construed as a reference to a quantity of that article counted by number.
(2E) Where, by or under this Act, any particulars or words are, or any statement or expression is, required, permitted, or forbidden to be marked on a package containing an article, the particulars, words, statement, or expression shall be deemed to be marked on the package if marked on a label attached to the package or to the article.
(2F) A reference in this Act (however expressed) to the marking of a package with a statement of the weight or measure of the article containeq in the package shall be construed as including a reference to the marking with such a statement of a label attached to the package or to the article.
(2G) A reference in this Act (however expressed) to-
(a) a package containing an article, or a package in which an article is contained, shall be construed, where appropriate, as including a reference to a package to which an article is attached or around which an article is wound or wrapped;
and
(b) an article contained in a package, shall be construed, where appropriate, as including a reference to an article that is attached to, wound around, or wrapped around, a package.
WEIGIITS AND MEASURES ACf 1951-1983 ss. 7, 8 9
(3) Derivatives. Derivatives of any term to which a meaning is assigned by this section shall in this Act, unless the context otherwise indicates or requires, have a corresponding meaning.
( 4) Reference to other Acts. Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in
substitution for that other Act.
As amended by Act of 1957, 6 Eliz. 2 No. 5, s. 2; Act of 1963, No. 42, s. 3;
Act of 1967, No. 54, s. 4; Act of 1972, No. 32, s. 4; Act of 1983, No. 19, s. 3.
PART II-STANDARDS OF MEASUREMENT
7. Uniformity of weights and measures. The same denominations of weights and measures shall be used throughout the State.
Heading substituted by Act of 1983, No. 19, s. 4.
s. 7 substituted by Act of 1983, No. 19, s. 4.
8. Standards of measurement. ( 1) The Minister may arrange for the provision and maintenance of such standards of measurement as are necessary to provide means by which, for the purposes of this Act, measurements may be made in terms of Commonwealth legal units of measurement.
(2) For the purposes of this Act standards of measurement so provided and maintained are divided into Primary State Standards and Subsidiary Standards.
( 3) A Primary State Standard shall, subject to this Act, be a standard of measurement for the State.
( 4) A subsidiary standard of measurement so provided and main~
tained and having a denomination prescribed in the regulations for Secondary State Standards the true value of which is calculated to be not greater or less than its value as ascertained on verification or reverification by an amount exceeding the amount of variation specified opposite to that denomination in those regulations shall, for the purposes of this Act, be called a Secondary State Standard.
(5) A subsidiary standard of measurement so provided and main- tained (other than a Secondary State Standard) and having a denomination prescribed in the regulations for Tertiary State Standards the true value of which is calculated not to be greater or less than its value as ascertained on veri!lcation or reverification by an amount exceeding the amount of variation specified opposite to that denomnation in those regulations
-~hall, for the purposes of this Act, be called a Tertiary State Standard.
( 6) A subsidiary standard of measurement so provided and main- tained (other than a Secondary State Standard or a Tertiary State Standard) and having a denominat·ion prescribed in the regulations for Inspectors' Standards that on verification or reverification is found not to he greater or less than its denomination by an amount exceeding the
10 ~S- 9-14;.. WEIGHTS AND MEASURES ACf 1951-1983
amount of permissible variation specified opposite to that denomination in those regulations and that is, by virtue of the Commonwealth Act, to be deemed to be of a value equal to its denomination shall, for the purposes of this Act, be called an Inspector's Standard.
Substituted by Act of 1983, No. 19, s. 4.
9. Replacing standards lost, destroyed, etc. If any standard of measurement is lost, destroyed, defaced, or injured, another standard shall be provided by the Minister in place of the one so lost, destroyed, defaced or injured.
Substituted by Act of 1983, No. 19, s. 4.
10. Custody of standards. Every Primary State Standard shall be safely kept by the Chief Inspector and those standards and all apparatus, books, documents and things used in connexion therewith or relating thereto shall be deemed to be in the custody of the Chief Inspector.
Substituted by Act of 1983, No. 19, s. 4.
11. Inspectors' standards to be stamped. ( 1) Unless its size or nature makes stamping impracticable or it is exempted by the regulations, every Inspector's Standard shall be stamped in the manner prescribed.
(2) The impres&ion of the stamp prescribed under subsection (1) on a weight or measure shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the weight or measure is an Inspector's Standard.
Substituted by Act of 1983, No. 19, s. 4.
12. Verification of standards. ( 1 ) A standard of measurement provided and maintained pursuant to section 8 shall not be used for the purposes of this Act-
(a) unless it has been verified or reverified in accordance with the Commonwealth Act;
(b) if it has become defective through use or accident or if it has been broken or repaired, until it has been reverified in accordance with the Commonwealth Act.
(2) A record shall be kept by the Chief Inspector of all standards referred to in section 8 that have been verified or reverified.
Substitutt:d by Act of 1983, No. 19, s. 4.
13. Offence to damage, etc., standards. Any person who falsifies or wilfully or maliciously damages or destroys any standard provided and maintained under this Act shall be guilty of an offence against this Act.
Substituted by Act of 1983, No. 19, s. 4.
14, 14A (Repealed).
Repealed by Act of 1983, No. 19, s. 4.
WEIGHTS AND MEASURES ACf 1951-1983 s. 15 II PART III-ADMINISTRATION
15. ( 1) Officers. The Governor in Council may from time to time appoint under and for the purposes of this Act a Chief Inspector of
\Vcights and Measu-res, a Deputy Chief Inspector of Weights and Measures, and such other inspectors (including assistant inspectors) and other officers as he deems necessary for the effectual execution of this Act.
The Chief Inspector, the Deputy Chief Inspector, and all other inspectors and other officers shall be appointed and hold their respective offices unda this Act and subject to, and in accordance with "The Public Sen·ice Acts, 1922 to 1950".
( 2) Districts. The Governor in Council may from time to time by notification published in the Gazette-
(i) Constitute parts of Queensland as districts for the purposes of this Act;
(ii) Abolish, subdivide, or alter the boundaries of any district, or amalgamate any such districts or parts of such districts;
(iii) If considered desirable, assign a name to any such district and vary any such name;
(iv) Assign to any inspector or inspectors any district or districts.
or a part of any district or districts;
( v) Direct that any inspector to whom any district or districts or a part of any district or districts is or are assigned shall only exercise and discharge his powers and duties under this Act in that district or districts or, as the case may be, part;
(vi) Cancel or vary any assignment referred to in paragraph (iv) or direction referred to in paragraph (v) aforesaid,
and may include in any such notification all or any of such things.
Any district or districts assigned to any inspector at the commence- ment of this Act shall, subject to this Act, continue, without a further
assignment, to be assigned to that inspector and shall be deemed to be constituted under and for the purposes of this Act.
Unless the Governor in Council has otherwise directed by a notification published in the Gazette, any inspector may exercise and discharge his powers and duties under this Act in any part of the Stat~
notwithstanding that any district or districts or a part of any district or districts may have been assigned to him.
Any and every provision of this subsection shall be read so as not to limit the powers and authorities of the Chief Inspector.
( 3) Chief Inspector. Every inspector and other officer shall perform the duties imposed upon him by this Act under the general supervision and Jin::ction of the Chief Inspector.
12 s. 16 WEIGHTS AND MEASURES ACf 1951-1983
The Chief Inspector may from time to time make or cause to be made such inquiries and investigations as he thinks necessary for the effectual execution of this Act by him and his officers.
( 4) Deputy Chief Inspector. The Deputy Chief Inspector of Weights and Measures shall, subject to this Act, exercise all such functions and discharge all such duties as the Chief Inspector directs or requires.
In the event of and during the absence from duty for any reason whatsoever of the Chief Inspector, or in the event of a vacancy occurring in the office of Chief Inspector and until a new Chief Inspector is appointed, the Deputy Chief Inspector without further appointment shall act as Chief Inspector and while he so acts shall have and may exercise all of the powers, functions, and authorities, and shall perform all of the duties of the Chief Inspector and shall for the purposes of this Act be deemed in all respects to be the Chief Inspector.
The fact that the Deputy Chief Inspector has exercised any power, function, or authority, or has performed any duty of the Chief Inspector shall, until the contrary is proved, be sufflcient evidence of such absence of the Chief Inspector or vacancy in the office of Chief Inspector.
( 5) Certificates of appointment. Every inspector shall be furnished with a certit!cate of appointment signed by either the Minister or the Chief Inspector and upon entering any place shall, if required, produce such certificate to the occupier of the place.
( 6) Default of inspector, etc. Any inspector who stamps any weight, measure, weighing instrument, or measuring instrument in contravention of any provision of this Act, or who is guilty of any breach of duty imposed upon him by this Act, or otherwise misconducts himself in the execution of his office, shall be guilty of an offence against this Act.
16. Equipment and appliances. The Chief Inspector shall provide and supply to each inspector in addition to the necessary subsidiary standards all other necessary equipment and appliances for carrying this Act into efiect, including weighing instruments and measuring instruments for use by inspectors in carrying out their functions and duties under this Act, and stamps for stamping weights, measures, weighing instruments, and measuring instruments for the purposes of this Act, and shall from time to time issue to each inspector such instructions (not inconsistent with this Act) as he thinks fit.
All equipment and appliances, including weighing instruments, measuring instruments, and stamps for stamping weights, measures weighing instruments, and measuring instruments, in use by inspectors prior to the passing of this Act under and for the purposes of the Acts repealed by this Act, shall continue to be used by such inspectors subject to and for the purposes of this Act.
All equipment and appliances mentioned in this section are herein- after in this Act referred to as departmental equipment.
As amended by Act of 1983, No. 19, s. 5.
WEIGIITS AND MEASURES ACf 1951-1983 SS. 16A, 17 13
APPROVAL, INSPECTION, STAMPING, AND USE OF WEIGHTS, MEASURES, WEIGHING INSTRUMENTS, AND MEASURING INSTRUMENTS
16A. Approval of weights, etc. A wcight, measure, wcighing instrwnent or measuring 1nstrument used or for use in trade shall be-
(a) of a pattern approved by the Commission; or
(b) of a type and design in respect of which 'there is in force an approval given by the Chief Inspector before the commence~
ment of the Commonwealth Act.
Heading amended by Act of 1983, No. 19, s. 6.
s. 16A inserted by Act of 1983, No. 19, s. 7.
17. (1) Weights and measures, etc., to be inspected periodicaUy.
Every weight, measure, weighing instrument, and measuring instrument used or for use for trade shall, and if prescribed as so prescribed, be produced to an inspector for inspection-
(i) In the case of any weight, measure, weighing instrument, or measuring instrument used for trade, at least once in every twelve months; or
(ii) In the case of any weight, measure, weighing instrument, or measuring instrument for use for trade, before use:
Provided that the Governor in Council may by the regulations- (a) Exempt, subject to such conditions as may be prescribed,
wholly or in fUrl from the operation of this subsection specified classes of weights, measures, weighing instruments, and measuring instruments or of any of them; and (b) Extend the period referred to in subparagraph (i) of this
subsection with respect to any specified parts of this State; and (c) Provide for the more frequent inspection of any prescribed
classes of weights, measures, weighing instruments and measuring instruments:
Provided further that an inspector may require to be produced for his inspection and, either upon or without such request, inspect any such weight, measure, weighing instrument, or measuring instrument when and so often as in his opinion it is necessary so to do.
( 2) Periodical inspection. (a) Every inspection, as required by subsection one of this section, of any weight, measure, weighing instrument, or measuring instrument shall include a comparison with the subsidiary standards and the inspector shall when making the inspection-
(i) Obliterate any and every existing certifying stamp upon the weight, measure, weighing instrument, or, as the case may be, measuring instrument; and
(ii) If the weight, measure, weighing instrument, or, as the case may be, measuring instrument is found to correspond with the subsidiary standards and to be in accordance in every other respect with the requirements of this Act, stamp with
14 s. 17 WEIGHTS AND MEASURES ACf 1951-1983
a certifying stamp the weight, measure, weighing instrument, or measuring instrument unless it is exempted by the regulations from being so stamped; or
(iii) If the weight, measure, weighing instrument, or, as the case may be, measuring instrument is found to be not in accord- ance in every respect with the requirements of this Act, refrain from stamping or restamping with any certifying stamp the weight, measure, weighing instrument, or measuring instrument and reject the same and where practicable stamp it with a rejection stamp.
(b) Where any weight, measure, weighing instrument, or measuring instrument which is exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, is found upon inspection to be in accordance in every respect with the requirements of this Act, then the inspector shall issue in respect thereof a certifying certificate in the form prescribed for the purpose of signifying that finding.
(c) Every weight, measure, weighing instrument, or measuring instrument stamped under this Act by an inspector shall be stamped in
such a manner as best to prevent fraud.
(d) A weight, measure, weighing instrument or measuring instrument that has been verified and stamped pursuant to this section may be reverified and stamped notwithstanding that the approval to its pattern has been cancelled.
( 3) Using unstamped weights or measwes, etc. Every person who uses or has in his possession for trade any weight, measure, weighing instrument, or measuring instrument not inspected as required by sub- section one of this section, and
(i) Where that 'weight, measure, weighing instrument, or measuring instrument is not exempted by the regulations from being so stamped, not stamped by an inspector with a
certifying stamp; or
(ii) Where that weight, measure, weighing instrument, or measuring instrument is exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, in respect of which no certifying certificate has been issued by an inspector, shall be guilty of an offence against this Act.
If at any time any weight, measure, weighing instrument, or measuring instrument to which subsection one of this section applies and which is not exempted by the regulations from being so stamped is found to have been last stamped with a certifying stamp longer than twelve months immediately prior to that time, or if that period has been extended in pursuance of subparagraph (b) of the first proviso to subsection one of this section with respect to that weight, measure, weighing instrument, or measuring instrument, longer than that extended period immediately prior to that
WEIGHTS AND MEASURES ACf 1951-1983 s. 17 15 time, such weight, measure, weighing instrument, or measuring instrument shall for the purposes of this Act, without prejudice to any other means of that proof, be deemed to be not inspected and stamped as required by this subsection.
Notwithstanding the preceding provisions of this subsection a person may, in such circumstances as are prescribed by regulations, use a weight, measure, weighing instrument or measuring instrument ·that has been repaired but not stamped with a certifying stamp.
( 4) Stamped weights, etc., to have currency throughout Queensland.
Any weight, measure, weighing instrument, or measuring instrument which is inspected and stamped with a certifying stamp, or inspected and in respect of which a certifying certificate is issued under and as required by this section shall, subject to this Act, be considered to be a legal weight, measure, weighing instrument, or measuring instrument, as the case may be, throughout Queensland unless found to be false or unjust.
( 5) (a) Dismantling and re-installing weighing or measuring instruments. In the case of a weighing instrument or measuring instrument which is required as prescribed to be produced to an inspector for inspection only after it has been installed at the place where it is to be used for trade, if, after such weighing instrument or measuring instrument has been so inspected, and either it has been stamped with a certifying stamp, or if it is exempted by the regulations from being so stamped, a certifying certificate has been issued with respect thereto, that weighing instrument or measuring instrument is dismantled and re-installed, whether in the £arne or some other place, it shall not be used for trade after being so re-installed until it has, subsequent to the re-installation, been inspected by an inspector and either it has been re-stamped with a certifying stamp or, if it is exempted by the regulations from being so stamped, another certifying certificate has been issued with respect thereto.
(b) Any person who-
(i) where a weighing instrument or measuring instrument has been dismantled and re-installed, uses for trade or causes or permits any person to use for trade that weighing instrument or measuring instrument in contravention of paragraph (a) of this subsection; or
(ii) where a weighing instrument or measuring instrument has been dismantled, disposes of it to a person without informing that person that it cannot lawfully be used for trade after re-installation except in compliance with paragraph (a) of this subsection;
shall be guilty of an offence against this Act.
( 6) Inspection stamps and certifying certificates. Subject to subsection ( 5) of this section a certifying stamp stamped upon a weight, measure, weighing instrument or measuring instrument in accordance with this Act or a certifying certificate issued in accordance with this Act shall
16 SS. 17A-19 WElGIITS AND MEASURES ACf 1951-1983
have the like validity throughout Queensland as it has in the place whens it was originally stamped or, as the case may be, issued, and the weight, measure, weighing instrument or measuring instrument shall not be required to be re-stamped nor shall another certifying certificate be required to be issued with respect thereto solely because the weight, measure, weighing instrument or measuring instrument is used in another place.
As amended by Act of 1963, No. 42, s. 7; Act of 1983, No. 19, s. 8.
17A-17c. (Repealed).
Repealed by Act of 1983, No. 19, s. 9.
18. ( 1 ) When provision to be made for facilitating inspection. For the purposes of any inspection of any weighing instrument or measuring instrument, the owner thereof shall, at the request of an inspector, provide at the place of the inspection-
(i) In the case of a weighing instrument-
(a) Weights, duly inspected and stamped with a certifying stamp under and as required by this Act, of not less than one quarter of the capacity of that weighing instrument;
and
(b) Such heavy material of such weight (in convenient form of handling) and such labour as the inspector considers necessary for the proper conduct of such inspection;
( ii) In the case of a measuring instrument, such labour as the inspector considers necessary for the proper conduct of such inspection.
(2) Inspector may order weights, etc., to be delivered for inspection.
In any case where an inspector is of opinion that it is necessary or expedient so to do, he may order the owner of, or any person who has in his possession, any weights: measures, weighing instruments, or measuring instruments used or for use for trade to forward or deliver them, or any of them, to or at any place named by the inspector within or at a time specified, for the purpose of inspection.
Any person so ordered shall comply with such order.
The expense of forwarding or delivering and the return of the weights, measures, weighing instruments, or measuring instruments in question shall be borne by the person so ordered.
(3) Saving. Nothing in this section contained shall affect the duty under this Act of having every weight, measure, weighing instrument, and measuring instrument used or in possession for trade periodically inspected by an inspector.
19. Fees. The fees which shall be payable in respect of any inspec- tion or service under this Act in connection with any weights, measures, weighing instruments, or measuring instruments shall be such as shall from time to time be prescribed by regulations in that behalf:
WEIGHTS AND MEASURES ACI' 1951-1983 ss. 20-23 17
Provided that a person who has paid the fees prescribed in respect of an inspection of any weight, measure, weighing instrument, or measuring instrument shall not be liable to pay any further fees in respect of any second or subsequent inspection, within twelve months of that inspection 'in respect of which the fees were ·paid, unless-
(a) an inspection is made upon the mending, repairing or necessary adjustment thereof;
(b) an inspection is made pursuant to paragraph (c) of section 17 (1); or
(c) an inspection is requested by that person, when, in any such case, the prescribed fee shall be paid.
As amended by Act of 1983, No. 19, s. 10.
20, 21. (Repealed).
Repealed by Act of 1983, No. 19, s. 11.
22. Special provisions as to weighing and measuring instrumenbi. ( 1) A person shall not use to make balance any weighing instrument used for trade, any thing which is not ordinarily part of that weighing instrument.
(2) No weighing instrument or measuring instrument with removable parts, the removal of which would affect the accuracy of the instrument, shall be stamped with a certifying stamp under this Act unless the parts are such that the instrument cannot be used without them.
POWERS AND OBSTRUCTION OP INSPECTORS
23. Powers of iDspedol's. Any inspector may at all reasonable times either in the daytime or at night-
2
(i) Inspect all weights, measures, weighing instruments, and measuring instruments of any and every kind used or for use for trade and for that purpose enter any place where he has reasonable cause to believe there is any such weight, measure;
weighing instrument, or measuring instrument and therein or thereon search for and inspect all such weights, measures, weighing instruments, and measuring instruments;
(ia) Inspect all markings upon articles or packages containing articles for sale or upon labels affixed to articles or packages containing articles for sale, and for that purpose enter and search any place where there is or he has reasonable cause to believe there is any article or package containing any article for sale, and, on payment or tender to the person apparently in charge of the place in question of the current market value or at the rate prescribed, demand, select and take any such article or package;
(ii) Search for and inspect any weights, measures, weighing instruments, and measuring instruments of any and every kind used or for use for trade in or upon or in connection with any
18 ss. 24, 25 WEIGHTS AND MEASURES ACf 1951-1983
vehicle, or in the possession of any person having a pack, basket, or other receptacle containing articles for sale, and for any of these purposes stop any vehicle or person;
(iii) Search for and examine any article for sale and for that purpose enter any place where he has reasonable cause to believe there is any article for sale, and, in the presence of the person in charge, if any, of the article, select and weigh or measure or cause to be weighed or measured any article for sale, whether that article is in a package or not, and where any such article is packed, if necessary for this purpose break open that package;
(iv) Without prejudice to the provisions of subparagraph (iii) of this section, on payment or tender to the person in charge thereof of the current market value or of the rate prescribed, demand, select, and take any such article; and
(v) Request any person to produce all weights, measures, weigh- ing instruments, and measuring instruments used or in his possession for trade for inspection.
If any person in whose presence any article referred to in subpara- graph (iii) of this section may be selected and weighed or measured, when requested by the inspector to be present at that selection and weighing or measuring refuses or fails to be present then, notwithstanding the provisions of that subparagraph, the inspector may select and weigh or measure, as the case requires, the article in the absence of the person in that subparagraph specified.
An inspector may seize any article or any package containing any article in respect of which it appears to him that this Act is being or has
been contravened.
As amended by Act of 1966, No. 14, s. 2.
24. Matters may be completed by different inspectors. Notwith.;
standing anything to the contrary in this Act, if an inspector has issued any order or given any direction or notice or made any request under this Act;
he or any other inspector who is empowered by this Act to issue, give, or make a like order, direction, notice, or as the case may be, request, may at any time by direction of the Chief Inspector withdraw or revoke or from time to time vary the order, direction, notice, or request, or take further steps thereon.
25. Powers of inspectors with respect to unjust weights and measures, etc. ( 1) If upon inspection at any time of any weight, measure, weighing instrument, or measuring instrument, it appears to the inspector that the weight, measure, weighing instrument, or measuring instrument is not stamped with a certifying stamp as required by this Act, or where the weight, measure, weighing instrument, or measuring instrument is exempted by the regulations from being stamped with a certifying stamp by reason of the impracticability of stamping the same, that a certifying certificate has not been issued in respect -thereof, or that the weight is light
WElGHfS AND MEASURES ACf 1951-1983 s. 26 19
or otherwise unjust, or that the measure is incorrect or otherwise unjust, or that the weighing instrument or measuring instrument is unjust, the inspector may-
(i) Seize the same or any part thereof; or
(ii) Where the weight, measure, weighing instrument, or measuring instrument, is found to be light, incorrect, or otherwise unjust, if he deems it proper so to do, -in lieu of immediately seizing the weight, measure, weighing instrument, or measuring instrument-
( a) Give to the owner of or to the person found in possession of the same notice, in writing, to have the same corrected and made true and just within fourteen days of the date of the giving of such notice or within such shorter period as the inspector deems fit and in the meantime to cease to use the same; or
(b) Adjust the same.
(2) Where any notice given under subparagraph (ii) of sub- section one of this section is complied with to the satisfaction of the inspector, he shall not take any further action under this section, but, if such notice is not so complied with, the inspector may, at the expiration of the time specified in the said notice, seize the weight, measure, weighing instrument, or measuring instrument in question or any part thereof.
( 3) The Chief Inspector may at any time, whether or not a prosecution for an offence against this Act is instituted in respect thereof, direct that any weights, measures, weighing instruments, or measuring instruments, or any parts thereof, seized under this section be forfeited to His Majesty and thereupon the weights, measures, weighing instruments, measuring instruments, or parts, the subject of that direction shall be forfeited accordingly:
Provided that nothing in this subsection shall prejudice or affect the power of forfeiture conferred upon a court by this Act.
26. ( 1 ) Power of Chief Inspector to prohibit use of iostmmeiMs, etc., for certain purposes. If the Chief Inspector is of opinion that aDf weight, measure, weighing ins-trument, or measuring ins·trument used or for use for any purpose is not suitable to be used or for use for that purpose, or that its use for that purpose facilitates or will facilitate fraud, he may, by order in writing given to the person using or in possession of that weight, measure, weighing instrument, or measuring instrument, prohibit the use or, as the case requires, further use of the weighing instrument or measuring instrument for the purpose specified in the order.
A person to whom such order has been given shall comply therewith.
( 2) Power of inspector to order cause of contravention to be remedied. Where any weight, measure, weighing instrument, or measuring instrument, or any article, package, or label does not comply in every respect with the provisions of this Act, or where any provision of this Ac~
20 ss. 27, 28 WEIGHTS AND MEASURES ACf 1951-1983
has not been complied with in relation to any weight, measure, weighing instrument, measuring instrument, article, package, or label, an inspector may order in writing any person who has offended against this Act by such non-compliance, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the non-compliance has occurred.
The giving of such an order shall not affect any proceeding or any action authorised by this Act which has been or may be taken for the non-compliance which resulted in the order but, subject to the provision hereinafter in this subsection contained, the person to whom the order is given shall not be liable under this Act in respect of any continuation of that non-compliance during the time allowed by the order.
A person to whom such an order is given shall comply in every respect with the order.
27. Obstruction of inspectors. Any person who-
(i) Assaults, resists, or obstructs any inspector or other officer in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do; or
(ii) Fails, when requested by an inspector, to produce all weights, measures, weighing instruments, and measuring instruments used or in his possession for trade for inspection; or
(iii) Refuses to permit any inspector to inspect any weights, measures, weighing instruments, or measuring instruments or to examine, select, weigh, or measure any article; or (iv) Fails to comply with the lawful order, direction, notice,
demand, or requisition or any part of the lawful order, direction, notice, demand, or requisition of any inspector; or ( v) Refuses to sell or to allow to be taken any article demanded
pursuant to this Act; or
(vi) Retakes or attempts to retake any weight, measure, weighing instrument, measuring instrument, or article seized, taken, or obtained under this Act by an inspector, or resists or attempts to prevent such seizure, taking, or obtaining; or
(vii) Uses any threat or any abusive or insulting language to any inspector or other officer; or
(viii) Impersonates an inspector, shall be guilty of an offence against this Act.
PART IV-BREAD-WEIGHTS
28. Interpretation and application. ( 1) In this Part, save where a contrary intention appears-
"bread" includes milk bread;
"bread roll" means bread baked as a unit that does not exceed 170 grams in weight;
WEIGHTS AND MEASURES ACf 1951-1983 SS. 28A, 29 2l
"loaf of bread" means the whole portion of bread baked from a single mass of dough or from two or more masses of dough fused together in baking for the purpose of producing a single article: The term includes a packaged loaf but does not include a bread roll;
"milk bread" means bread that confonns to the standard prescribed for milk bread;
"packaged loaf' means a loaf of bread (whether sliced or unslked) that is enclosed in a package before sale.
(2) The provisions of this Part do not apply to bread that contains
r~isins, currants or sultanas either singly or in aggregate.
Substituted by Act of 1983, No. 19, s. 12.
28A. (Repealed).
Repealed by Act of 1983, No. 19, s. 12.
29. Bread to be made and sold in loaves of prescribed denominations.
( 1) Loaves of bread shall be denominateq- (a) 225 grams;
(b) 340 grams;
(c) 450 grams;
(d) 680 grams;
(e) 900 grams; or (f) 1 800 grams.
(2) For the purposes of this Act a loaf of bread shall be deemed to
~of the-
( a) 225 gram denomination if it weighs not more than 275 grams;
(b) 340 gram denomination if it weighs more than 275 grams but not more than 390 grams;
(c) 450 gram denomination if it weighs more than 390 grams but not more than 520 grams;
(d) 680 gram denomination if it weighs more than 520 grams but not more than 780 grams;
(e) 900 gram denomination if it weighs more than 780 grams but not more than 1 035 grams;
(f) 1 800 gram denomination if it weighs more than 1 035 grams.
( 3) A person shall not- ( a) make for sale;
(b) sell;
(c) cause, permit or suffer to be made for sale;
(d) cause, permit or suffer to be sold,
22 s. 29A WEIGHTS AND MEASURES ACf 1951-1983
a loaf of bread-
(.i) that is not of a denomination prescribed by subsection ( 1);
( ii) purporting to be of a denomination prescribed by subsection ( 1 ) that is deficient of the weight prescribed by that subsection for a loaf of that denomination.
( 4) A person shall not- ( a) sell,
(b) cause, permit or suffer to be sold,
a loaf of bread purporting to be milk bread that is not marked in the manner prescribed by regulations.
( 5) A person shall not pre-pack a loaf of bread before sale unless the package is marked as prescribed by regulations.
( 6) A loaf of bread shall, for the purposes of this Act, be deemed
to be of a true weight if, in respect of bread of the one type and denomination-
( a) there is no average defiqiency, when weighed by an inspector, in the weight of-
(i) 20 loaves of such bread; or
(:ii) where there are less than 20 loaves of such bread available, all the loaves (being not fewer than 6); and
(b) the dry solids of a sample loaf of such loaves of bread are not less than-
(i) that prescribed by regulations for that type of loaf denomination; or
(ii) where not so prescribed, 60 per centum at the least of the loaf's denomination.
( 7) For the purpose of determining the true weight of a loaf of bread an inspector shall-
(a) select and seize two loaves of bread weighed by him pursuant
to subsection ( 6) that most nearly appro~imate the average weight of the loaves weighed;
(b) identify, in accordance with subparagraph (i) of section 30 (3A), the loaves seized;
(c) deliver, in accordance with subparagraph (iii) of section 30 (3A}, one of the loaves seized and identified;
(d) offer the other loaf so seized and identified to the person who w·as present at the weighing of the loaves or, if no other person was present when the loaves were weighed, offer the other loaf to some person employed or apparently employed at the place where such loaf was seized.
Substituted by Act of 1983, No. 19, s. 12.
29A. (Repealed).
R<:pealed by Act of 1983, No. 19, s. 12.
WEIGHfS AND MEASURES ACf 1951-1983 s. 30 23 30. Powers of inspectors with respect to weighing bread. ( 1) Any inspector may at any time by day or night-
(i) Enter any place in which bread is sold or any bakehouse and therein search for and examine, and in the case of a bakehouse, in the presence of the person, or if more than one, any of the persons, carrying on the business thereat, or of any servant or agent of such person or persons, or in any case, in the presence of any person apparently theq in charge of that place, select and weigh any bread therei.Q;
(ii) Stop any person or vehicle engaged in the distribution or delivery of bread and search for, examine, select, and weigh any bread in or on any vehicle or other thing used in con- nection with such distribution or delivery;
(ill) Interrogate any person to ascertain whether this Act has been or is being complied with;
(iv) On payment or tender to the person in charge thereof of the current market value or of the rate prescribed, demand, select and take any loaf of bread found in any place in which bread is sold or in any bakehouse or in or on any vehicle or other thing used in connection with the distribution or delivery of bread; and
( v) Seize any loaf of bread in respect of which a contravention of Part IV of this Act appears to him to have been committed.
If any person in whose presence any bread referred to in sub- paragraph (i) of this subsection may be selected and weighed, when requested by the inspector to be present at that selection and weighing, refuses or fails to be present then, notwithstanding the provisions of that subparagraph, the inspector may select and weigh the bread in the absence of any person in that subparagraph specified.
(2) Notwithstanding anything in this Part of this Act contained an inspector shall not be required to include •in any weighing any loaf which is drawn from an oven after his entry into any place.
( 3) If on weighing any loaves of bread any deficiency is found in the weight prescribed therefor the inspector shall give to the person who pursuant to this Act is present at the weighing a copy of a certificate in writing and signed by him showing the correct particulars of such weighing or, where the bread is weighed under the authority of this Act in the absence of any such person, the inspector shall give such copy to some person employed or apparently employed at the place where such bread was made or sold or in connection with the bus·iness carried on thereat or if some such person cannot be found, the inspector shall forward such copy by prepaid registered letter addressed to the person or persons, at that place, who made or sold that bread.
(3A)-
(i) The inspector taking, obtaining, or seizing any loaf of bread, shall wrap, seal and mark separately each such loaf;
24 s. 30 WEIGHTS AND MEASURES ACf 1951-1983
(ii) He shall subsequently deliver each such loaf or package to an analyst;
(iii) Such delivery to an analyst may be effected either personally or by sending the loaf wrapped, sealed and marked by registered post addressed to the analyst at his usual address, or in a sealed package addressed to the analyst at his usual address by rail, aeroplane, motor vehicle, steamer or other means of transit, or in such other manner as may be
prescribed;
(iv) A copy of any certificate of the result of any analysis of a loaf of bread procured by an inspector may be obtained from the analyst by the person from whom the bread so analysed was purchased, taken on demand, or seized;
(v) No copy of any such certificate of analysis shall be used in any writing for trade purposes or as an advertisement, and if any person so uses it he shall be guilty of an offence against this Act;
(vi) No person shall use for trade purposes or as an advertise- ment any communication or correspondence from any State department relating to any bread to which Part IV of this Act applies; if any person so uses such correspondence or communication he shall be guilty of an ofience against this Act;
(vii) Without limiting the power to make regulations conferred by section fifty-five of this Act, regulations may be made under that section prescribing the method of ascertaining the total dry solids of a loaf of bread, and where any such method has been prescribed, any analyst shall in his certificate of analysis declare that he has followed the prescribed method in his analysis.
( 4) Every person carrying on the business of making or selling bread and their agents and servants shall furnish the means required by any inspector for an entry, inspection, or inquiry, or the exercise of his powers under this Act.
If upon an inspector demanding entry into any place for the purpose of exercising his powers under this Act, that demand is not answered forthwith or the person answering that demand does not admit the inspector to that place forthwith, then that inspector having the prior approval of the Minister or the Chief Inspector may enter that place with such assistance as may be deemed requisite and may use such force as is necessary for effecting that entry.
( 5) The provisions of this section shall be in addition to and not in diminution of any other powers of an inspector under this Act and such other powers shall be had and may be exercised by any inspector for the purposes of this Part of this Act.
As amended by Act of 1957, 6 Eliz. 2 No. 5, s. 5; Act of 1972, No. 32,
~ 11 Sch; Act of 19R~. No. 19, s. 13.
