Document ID: chunk:federal_register_of_legislation:F2024C01009:reg:65
Version: federal_register_of_legislation:F2024C01009
Segment Type: reg
Provision Reference: reg 65
Character Range: 70206–71831

65  Re‑examination of approved patterns
 (1) This regulation applies if:
 (a) the pattern of a measuring instrument is approved under regulation 60; and
 (b) the Chief Metrologist is provided with a measuring instrument by an authorised person acting in the performance of his or her duty; and
 (c) the Chief Metrologist is told by the authorised person that:
 (i) the measuring instrument is in accordance with the approved pattern; and
 (ii) the instrument is not suitable for trade or as a legal measuring instrument.
 (2) The Chief Metrologist may re‑examine the pattern of the measuring instrument.
 (3) If, after re‑examining the pattern of the measuring instrument, there are reasonable grounds for considering that the pattern is not suitable for use for trade or as a legal measuring instrument, the Chief Metrologist:
 (a) may, in accordance with regulation 82, withdraw or decide to cancel approval of the pattern of the measuring instrument; and
 (b) must give a written statement of the results of the tests conducted by the Chief Metrologist in its re‑examination of the pattern of the measuring instrument:
 (i) if the measuring instrument was manufactured in Australia—to the manufacturer; or
 (ii) if the measuring instrument was manufactured outside Australia—to the agent of the manufacturer in Australia.
 (4) In this regulation:
authorised person means a person who is authorised (however described) under a Commonwealth, State or Territory law for trade measurement, or weights and measures, in relation to the administration of the law.

Division 3—Cancellation, variation and withdrawal of approvals