Australian Capital Territory Numbered Acts

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TRADE MEASUREMENT ACT 1991 (NO. 56 OF 1991) - SECT 3

Definitions etc.

3. (1) In this Act, unless the contrary intention appears—“administering authority” means the person who, under the Administration Act, is the administering authority for the purposes of this Act; “Administration Act” means the Trade Measurement (Administration) Act 1991; “approved pattern”, in relation to a measuring instrument, means a pattern approved for the measuring instrument under section 19A of the National Measurement Act, being an approval that—

        (a)     is currently in force under that provision; or

        (b)     has expired or been cancelled (but not withdrawn) under the National Measurement Act and was in force when the measuring instrument was first verified or certified;

“article” includes substance;
“Australian legal unit of measurement” has the same meaning as in the National Measurement Act;
“certify” has the meaning given by section 12;
“corresponding law” means a law of a State or another Territory that corresponds to this Act;
“document” includes any record of information, whether or not the information is available only after the record is subjected to electronic or other process;
“inspector” has the same meaning as in the Administration Act;
“inspector's mark” means—

        (a)     the mark approved by the administering authority for use by an inspector in verifying or re-verifying a measuring instrument; or

        (b)     such a mark under a corresponding law;

“licence” means a servicing licence or a public weighbridge licence in force under Part VI;
“licensee's mark” means—

        (a)     the mark approved by the licensing authority for use by or on behalf of the licensee in certifying a measuring instrument; or

        (b)     such a mark under a corresponding law;

“licensing authority” means the person who, under the Administration Act, is the licensing authority for the purposes of this Act;
“measurement” means the determination of a physical quantity, including determination by number but not including determination of a physical quantity for descriptive purposes only;
“measuring instrument” has the same meaning as in the National Measurement Act;
“National Measurement Act” means the National Measurement Act 1960 of the Commonwealth;
“package” includes—

        (a)     a container, wrapper, confining band or other thing in which an article is packed, or 2 or more articles are packed, for sale as a single item; and

        (b)     anything around which an article is wound or wrapped, or 2 or more articles are wound or wrapped, for sale as a single item;

“pre-packed article” means an article that is packed in advance ready for sale;
“public weighbridge” means a weighbridge that is open for use by or on behalf of the public or for the use of which a charge is made;
“public weighbridge licence” means a public weighbridge licence in force under Part VI;
“purchaser” includes a person purchasing as agent for another person;
“record” includes any document;
“reference standard of measurement” has the same meaning as in the National Measurement Act ;
“re-verify” has the meaning given by section 11 ;
“sell” includes—

        (a)     agree to sell;

        (b)     offer or expose for the purpose of selling;

        (c)     have in possession for the purpose of selling;

        (d)     barter or exchange; and

        (e)     authorise, direct, cause or permit to be done any act referred to in paragraph (a), (b), (c) or (d);

“seller” includes a person who sells as agent for another person;
“servicing licence” means a servicing licence in force under Part VI;
“State primary standard of measurement” has the same meaning as in the National Measurement Act ;
“this Act” includes the regulations;
“vehicle” includes vessel, aircraft and any other means of conveying persons or goods;
“verify” has the meaning given by section 11;
“weighbridge” means a measuring instrument that is of a capacity of 3 tonnes or more and has a platform by the use of which the measuring instrument is capable of determining the mass of a vehicle or of livestock.

(2) For the purposes of this Act, time interval not related to the calendar is a physical quantity and time interval so related is not a physical quantity.

(3) In this Act—

        (a)     a reference to a function includes a reference to a power, authority and duty; and

        (b)     a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.


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