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Bills presented and read a first time.
Dr TOYNE (Justice and Attorney-General): Mr Acting Deputy Speaker, I move that the bills be now read a
second time. The purpose of these bills is to amend the Trade Measurement Act and the Trade Measurement
Administration Act.
I will deal first with the Trade Measurement Amendment Bill. The objective of the Trade Measurement Act is
to ensure the accuracy of measurements conducted in trade situations, for example where the price of goods is
determined by reference to the measurement. Under the formal agreement signed in 1990 between the
Commonwealth, the states and the territories, except Western Australia, all participating jurisdictions passed
uniform Trade Measurement legislation.
It should be noted that Western Australia has passed consistent legislation since that time. The act therefore
provides for a scheme of uniform trade measurement legislation throughout Australia. In 1995, a Trade
Measurement Advisory Committee was formed by the Ministerial Council on Consumer Affairs, and one of its
functions was the ongoing review of uniform trade measurement legislation nationally.
The advisory committee has recommended more than 40 amendments to the Trade Measurement acts and
regulations. The Ministerial Council on Consumer Affairs endorsed these recommendations some time ago. Most,
if not all, other jurisdictions have now passed these amendments. The amendments contained in this bill will ensure
that Northern Territory legislation remains uniform with the legislation interstate.
The amendments are of a minor or technical nature which are necessary to overcome difficulties with the
administration of the legislation which has been identified. Members will be aware that the Consumer and Business
Affairs Division of the Department of Justice has a responsibility for enforcing trade measurement legislation. The
amendments contained the Trade Measurement Amendment Bill will enable some flexibility in the enforcement of
the legislation. Under two new provisions, an inspector will have the discretionary power to grant an owner of a
measuring instrument up to 28 days to correct an instrument which does not conform with the requirements of the
act.
If the discretion is exercised, a person can only be prosecuted if the time allowed has expired and the instrument
has not been corrected. The discretion to allow an extended period will only be exercised where the error is in
favour of the consumer. If the error is to the detriment of the consumer, the trader will not be given an extended
period to correct the instrument but will be required to cease using the instrument until it is repaired.
A new offence is created in relation to the misuse of Class 4 measuring instruments. Class 4 measuring
instruments are less precise measuring instruments which are suitable for weighing items such as airport baggage,
freight, sand or gravel and an offence will occur if such a instrument is used for a purpose other than the listed
purpose.
A new section will require a trader who uses a measuring instrument at premises where items are pre-packaged
to have at least one measuring instrument that is approved for use by the National Standards Commission. The
amendments will also require a person who performs batch testing of measuring instruments to be the holder of a
servicing licence or an employee of the holder of a servicing licence.
Some of the amendments to the Trade Measurement Act will remove the regulatory burden of marking weights
on agricultural products with a consequent cost savings. A further amendment will allow persons in partnership to
be jointly licensed under one servicing or weighbridge licence. This amendment will reduce business costs of all
partners having to obtain an individual licence.
The amendments will also allow inspectors to stop and weigh a vehicle to determine the net measurement of its
load. Currently an inspector has power to stop a vehicle, but does not have the power to require a driver to allow
the vehicle to be weighed. This amendment will allow inspectors to determine, for example, the weight of a load of
crushed metal being delivered to a work site.
In line with current practice, the bill converts current penalties in the act into penalty units. In relation to the
trade measurement administration bill, the amendment permits the issuing of infringement notices for alleged
breeches of the trade measurement act, or the regulations made under either that act, or the trade measurement
administration act. This is consistent with other legislation administered by consumer and business affairs.’
In line with current penalties policy, the penalty for breeching the secrecy provisions of the act have been
increased to a maximum of 200 penalty units, or imprisonment for 12 months. I commend the bill to honourable
members.
Debate adjourned.