Australian Capital Territory

Trade Measurement (Administration) Act 1991     No 57
Republication No 1A
As in force on 1 August 2000
Includes all amendments up to Act 2000 No 17

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
1 August 2000

Australian Capital Territory

Trade Measurement (Administration) Act 1991
CONTENTS
	Page 
part 1—preliminary
	1	Short title	1
	3	Definitions for Act	1
	4	Incorporation of Trade Measurement Act 1991	2
PART 2—ADMINISTRATION
	6	Administering and licensing authorities	3
	7	Inspectors	3
	8	Commissioner and inspectors may hold Commonwealth appointments	3
	8A	Identity cards	3
	8B	Power not to be exercised before identity card shown	4
	9	Consent to entry of premises	4
PART 3—FEES AND CHARGES
	10	Fee on verification or reverification of instrument	5
	11	Fees	5
	12	Determination of fees	5
PART 4—PROCEEDINGS
	13	Penalty notices	6
	14	Limitation of time for commencing prosecutions	7
PART 5—MISCELLANEOUS
	15	Search warrants	8
	16	Access to and return of seized records	9
	18	Regulation-making power	9
	ENDNOTES
	1	About this republication	10
	2	Abbreviation key	10
	3	Table of legislation	11
	4	Table of amendments	11
	5	Table of earlier republications	11

As in force on
1 August 2000

Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY

Trade Measurement (Administration) Act 1991
An Act relating to the administration of the Trade Measurement Act 1991 and for related matters
part 1—preliminary
1 	Short title
	This Act may be cited as the Trade Measurement (Administration) Act 1991.
3 	Definitions for Act
(1) 	In this Act:
commissioner means the commissioner for fair trading.
inspector means a person appointed under subsection 7 (1).
Measurement Act means the Trade Measurement Act 1991. 
trade measurement legislation means—
	(a)	this Act or the regulations under this Act; or
	(b)	the Measurement Act or the regulations under that Act.
4 	Incorporation of Trade Measurement Act 1991
	The Measurement Act is incorporated and shall be read as one with this Act.

PART 2—ADMINISTRATION
6 	Administering and licensing authorities
	For the purposes of the Measurement Act the commissioner is the administering authority and the licensing authority.
7 	Inspectors
(1) 	The commissioner may, in writing, appoint a public servant to be an inspector for the purposes of the trade measurement legislation.
(2) 	An inspector shall, subject to the trade measurement legislation, perform such duties as the commissioner directs.
(3) 	The commissioner may exercise the powers and discharge the functions that, under the trade measurement legislation, may be exercised or discharged by an inspector.
8 	Commissioner and inspectors may hold Commonwealth appointments
(1) 	The commissioner may—
	(a)	with the approval of the chief executive, hold an appointment under the National Measurement Regulations (Cwlth); and
	(b)	exercise any function given to the holder of such an appointment.
(2) 	An inspector may—
	(a)	with the approval of the commissioner, hold an appointment under the National Measurement Regulations (Cwlth); and
	(b)	exercise any function given to the holder of such an appointment.
8A 	Identity cards
(1) 	The commissioner must issue an identity card to each inspector.
(2) 	The identity card must state that the person is an inspector for this Act.
(3) 	The identity card must also—
	(a)	include a recent photograph of the person; and
	(b)	state—
	(i)	the person’s name; and
	(ii)	the date of issue of the card; and
	(iii)	a date of expiry for the card; and
	(c)	include anything else prescribed under the regulations.
(4) 	A person who ceases to be an inspector must return his or her identity card to the commissioner as soon as practicable, but within 21 days, after ceasing to be an inspector.
Maximum penalty (subsection (4)):									   1 penalty unit.
8B 	Power not to be exercised before identity card shown
	An inspector may exercise a power under a Territory law in relation to a person only if the inspector first shows the person his or her identity card.
9 	Consent to entry of premises
(1) 	An inspector who seeks a person’s consent to the entering of premises under paragraph 60 (2) (a) of the Measurement Act shall inform the person that he or she may refuse to give the consent.
(2) 	Where an inspector obtains the consent of a person to enter premises under paragraph 60 (2) (a) of the Measurement Act, the inspector shall ask the person to sign a written acknowledgment—
	(a)	that the person has been informed that he or she may refuse to so consent; and
	(b)	that the person has consented; and
	(c)	of the day on which, and the time at which, the person consented.
(3) 	Where it is material, in any proceedings, for a court to be satisfied that a person has consented to the entry of premises by an inspector under paragraph 60 (2) (a) of the Measurement Act and an acknowledgment in accordance with subsection (2) signed by the person is not produced in evidence, it shall be presumed that the person did not consent, unless the contrary is established.

PART 3—FEES AND CHARGES
10 	Fee on verification or reverification of instrument
(1) 	The owner of a measuring instrument shall pay the appropriate fee prescribed under this Act upon the verification or re-verification of the instrument under the trade measurement legislation.
(2) 	A fee referred to in subsection (1) is payable to the commissioner.
(3) 	In this section:
owner means the person who uses, or proposes to use, a measuring instrument for trade, or who proposes to make it available for use for trade.
11 	Fees
	A reference in the trade measurement legislation to a fee prescribed under this Act is a reference to a fee determined by the Minister under section 12 for the purposes of the provision where the reference occurs.
12 	Determination of fees
(1) 	The Minister may, by notice in writing, determine fees for the purposes of the trade measurement legislation.
(2) 	A determination under this section is a disallowable instrument.

PART 4—PROCEEDINGS
13 	Penalty notices
(1) 	The regulations may prescribe—
	(a)	an offence under the trade measurement legislation for the purposes of this section; and
	(b)	the pecuniary penalty payable for the offence if the offence is dealt with under this section.
(2) 	The penalty that may be prescribed under paragraph (1) (b) shall not exceed the highest penalty that a court could impose for the offence.
(3) 	Where an inspector has reason to believe that a person has committed a prescribed offence, he or she may serve on the person a penalty notice in accordance with this section.
(4) 	A penalty notice shall—
	(a)	specify the day on which, and the time and place at which, the prescribed offence is alleged to have been committed; and
	(b)	specify the nature of the alleged prescribed offence; and
	(c)	contain a notification to the person on whom it is served that, if he or she does not wish the matter to be dealt with by the court, he or she may pay the amount of the prescribed penalty in relation to that prescribed offence, being the amount specified in the notice, within the period of 28 days after the date of the notice; and
	(d)	specify the place at which, and the manner in which, the prescribed penalty may be paid.
(5) 	Where a person who has been served with a penalty notice pays the penalty specified in the notice within the specified period—
	(a)	any liability of the person in respect of the alleged prescribed offence is discharged; and
	(b)	no further proceedings shall be taken in respect of the alleged prescribed offence; and
	(c)	the person shall not be regarded as having been convicted of the alleged prescribed offence; and
	(d)	the person is not to be taken, by reason only of having made the payment, to have made any admission of liability in respect of the circumstances of the alleged offence; and
	(e)	the making of the payment does not affect or prejudice any right of action or defence to a claim arising out of the circumstances of the alleged offence.
14 	Limitation of time for commencing prosecutions
	A prosecution for an offence against subsection 28 (1) or paragraph 32 (1) (a) of the Measurement Act shall not be commenced later than 1 year after the discovery by an inspector of the apparent commission of the alleged offence.

PART 5—MISCELLANEOUS
15 	Search warrants
(1) 	Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against the trade measurement legislation, and the information sets out those grounds, the magistrate may issue a search warrant authorising an inspector named in the warrant, with such assistance and by such force as is necessary and reasonable—
	(a)	to enter the premises; and
	(b)	to search those premises for things of that kind; and
	(c)	to exercise any of the powers that, under the trade measurement legislation, may be exercised by an inspector.
(2) 	A magistrate shall not issue a warrant under subsection (1) unless—
	(a)	the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is sought; and
	(b)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(3) 	A warrant shall—
	(a)	state the purpose for which it is issued; and
	(b)	specify the nature of the offence in relation to which the entry, search and exercise of the powers under the trade measurement legislation are authorised; and
	(c)	specify particular hours during which the entry is authorised or state that the entry is authorised at any time of the day or night; and
	(d)	include a description of the kind of things in relation to which the powers under the trade measurement legislation may be exercised; and
	(e)	specify a day, not being later than 1 month after the day of the issue of the warrant, on which the warrant ceases to have effect.
(4) 	If, in the course of a search carried out under the authority of a warrant issued under this section—
	(a)	an inspector finds anything that he or she believes on reasonable grounds to be connected with an offence specified in the warrant or any other offence under the trade measurement legislation; and
	(b)	the inspector believes on reasonable grounds that, in order to prevent the continuation, commission or repetition of the offence, it is necessary to exercise any of the powers that, under the trade measurement legislation, may be exercised by an inspector;
the warrant is to be taken to authorise the exercise of that power in relation to that thing.
16 	Access to and return of seized records
(1) 	Where a record or document is seized and retained under section 61 or 62 of the Measurement Act the inspector shall permit the person otherwise entitled to possession of it, or his or her agent, to inspect, make copies of or take extracts from the record or document.
(2) 	The provisions of subsections 64 (1) and (2) of the Measurement Act apply to a record seized and retained under section 61 or 62 of that Act as if such a record were an article.
18	Regulation-making power
	The Executive may make regulations, not inconsistent with the trade measurement legislation, prescribing matters—
	(a)	required or permitted by the trade measurement legislation to be prescribed; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to the trade measurement legislation.

ENDNOTES
1	About this republication
This is a republication of the Trade Measurement (Administration) Act 1991 as in force on 1 August 2000.  It includes all amendments made to the Act up to Act 2000 No 17.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of a republication appears on its cover and is indicated by its republication number.
A republication number without a letter (eg 1, 2, 3 etc) indicates that the republication is an authorised printed republication.  A number with a letter (eg 1A, 1B, 1C etc) indicates that the republication is an unauthorised electronic republication.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

3	Table of legislation
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Trade Measurement (Administration) Act 1991	1991 No 57	2 Oct 1991	ss 1 and 2:  2 Oct 1991
s 17: 1 Nov 1991 (see s 2 (2))
remainder:  1 Nov 1991 (see Gaz 1991 No S125)		
Statutory Offices (Miscellaneous Provisions) Act 1994	1994 No 97	15 Dec 1994	ss 1 and 2:  15 Dec 1994
remainder:  15 Dec 1994 (see Gaz 1994 No S293)	pt III
(ss 4-9)	
Justice and Community Safety Legislation Amendment Act 2000 
(No 3)
	2000 No 17	1 June 2000	1 June 2000	—	
4	Table of amendments

Provision	How affected†

s 2	om R1 (LR s 15 (1) (o) (iv))
s 3	am 1994 No 97; 2000 No 17 s 3 sch 1
s 5	sub 1994 No 97
	om 2000 No 17 s 3 sch 1
ss 5A, 5B	ins 1994 No 97
	om 2000 No 17 s 3 sch 1
ss 6, 7	am 2000 No 17 s 3 sch 1
s 8	sub 2000 No 17 s 3 sch 1
ss 8A, 8B	ins 2000 No 17 s 3 sch 1
s 10	am 2000 No 17 s 3 sch 1
s 17	om 2000 No 17 s 3 sch 1

5	Table of earlier republications
Amendments to	Cut-off date	Republication number	
Act 2000 No 17	1 August 2000	1	

©  Australian Capital Territory 2000

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