Weights and Measures Amendment Act 2005

1: Title
1: This Act is the Weights and Measures Amendment Act 2005.
2: In this Act, the Weights and Measures Act 1987 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Inspectors' working standards
1: Section 7(2) working standards , except those that are used to determine a measure of volume and are constructed of glass,
2: Section 7 subsection (2)
2A: Inspectors' working standards that are used to determine a measure of volume and are constructed of glass must be verified by comparison with the district standards at intervals not exceeding 10 years.
3: This section only applies to Inspectors' working standards that are verified after this Act comes into force.
4: Accredited persons' working standards
1: Section 7A(2) this section , except those that are used to determine a measure of volume and are constructed of glass,
2: Section 7A
3: Every accredited person must, at intervals not exceeding 10 years, cause the standards maintained by that person under subsection (1)
a: the departmental standards; or
b: any district standards; or
c: the standards referred to in section 5(3)(a) or (b)
3: This section only applies to standards maintained by an accredited person that are verified after this Act comes into force.
5: Offence to supply weight, measure, or number not in accordance with stated quantity
1: Section 16A(1)
d: in subsections (4) and (5) required period
2: Section 16A(4)
a: omitting the words , at any time on the day the package was made up or during the period of 7 days beginning on the day after the day the package was made up,
b: inserting in paragraph (a) was , at all times during the required period,
c: inserting in paragraph (b) was , at all times during the required period,
d: inserting in paragraph (c) inadequate packages , at any time during the required period,
3: Section 16A(5) period specified in subsection (4) required period
6: Duration and renewal of accreditation
1: Section 30C(1)
a: omitting the words section 30D of this Act sections 30D and 30DA
b: omitting the expression 1 year 3 years
2: Subsection (1)(b)
3: Section 30C(2) of this Act, or is, at the time of application for its renewal, suspended under section 30DA
4: Section 30C subsection (4)
4: The Secretary must renew a letter of accreditation for a period of 3 years if the Secretary—
a: receives an application for the renewal of that letter of accreditation under subsection (3)
b: receives payment of the prescribed fee (if any); and
c: is satisfied that the applicant continues to meet the requirements for accreditation prescribed by regulations made under this Act.
5: Subsection (4)
7: New sections 30DA and 30DB inserted
The principal Act is amended by inserting, after section 30D
30DA: Suspension of accreditation
1: The Secretary may suspend the accreditation of any person as an accredited person if the Secretary is satisfied that the person—
a: no longer meets all the requirements for accreditation prescribed by regulations made under this Act; or
b: has failed to comply with any condition imposed by the Secretary in respect of that person's accreditation; or
c: has failed to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or
d: has been convicted of an offence against section 32(fa)
2: The Secretary may suspend the accreditation of any person whose name is specified in a letter of accreditation under section 30A(2)
a: has failed to comply with any condition imposed by the Secretary in respect of that letter of accreditation; or
b: has failed to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or
c: has been convicted of an offence against section 32(fa)
3: The Secretary may make a suspension under subsection (1) or subsection (2)
4: The Secretary may at any time, of his or her own motion, revoke a suspension made under subsection (1) or subsection (2)
5: Every suspension under subsection (1) or subsection (2)
a: the effect of the suspension; and
b: the reasons for the suspension; and
c: the date on which the suspension begins, which must be no earlier than the date on which the notice is deemed to have been received by that person; and
d: the period of the suspension.
6: The Secretary is not obliged to give a person an opportunity to be heard before the Secretary suspends the accreditation of that person under subsection (1) or subsection (2)
7: For the purposes of subsection (5)
a: a notice that is posted to a person's last known business or residential address is deemed to be received by that person 3 working days after the date on which it is posted:
b: a notice that is sent to a person at a fax number or electronic address is deemed to be received by that person on the working day following the day on which it is sent:
c: a notice that is personally delivered to a person is deemed to be received by that person on the day on which it is delivered.
8: Despite subsection (7)
30DB: Effect of suspension of accreditation
1: A person is not an accredited person, for the purposes of this Act, for the period for which his or her accreditation is suspended.
2: At the end of the period of suspension, the person's accreditation is immediately revived unless—
a: the accreditation has, during the period of suspension, expired, in which case that person may apply for the renewal of his or her letter of accreditation under section 30C
b: the accreditation has been revoked under section 30D(1)
c: that person's name has been removed from the letter of accreditation under section 30D(2)
8: Appeals against decisions of Secretary
Section 30F(1) section 30D or section 30DA