327
ANNO VICESIMO PRIMO
ELIZABETHAE SECUNDAE REGINAE
No. 32 of 1972
An Act to amend Tice Weights and Measures Acts
1951 to 1967 in certain particulars
[ASSENTED TO 21ST DECEMBER, 1972]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Legislative Assembly of Queensland
in Parliament assembled, and by the authority of the same, as follows:1. Short title and citation. (1) This Act may be cited as the Weights
and Measures Act Amendment Act 1972.
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Weights and Measures Act Amendment Act 1972, No. 32
(2) The Weights and Measures Act of 1951 as subsequently amended
is in this Act referred to as the Principal Act.
(3) The Principal Act as amended by this Act may be cited as the
Weights and Measures Act 1951-1972.
2. Commencement . This Act shall come into operation on a date
to be appointed by Proclamation.
3. Regulations may be made on passing of Act. Regulations may be
made under the Principal Act in relation to any matter provided for
by this Act at any time after the passing of this Act, which regulations
shall not have effect until this Act comes into operation.
4. Amendment of s. 6. Section 6 of the Principal Act is amended
by, in subsection (2), omitting from paragraph (i) the word " employed "
and inserting in its stead the word " implied ".
5. Amendment of s. 28. Section 28 of the Principal Act is amended
by(a) in subsection (1), omitting the words " eight ounces " and
inserting in their stead the words " 7 ounces or 200 grammes ";
(b) omitting subsection (2) and inserting in its stead the following
subsection:" (2) All bread made for sale shall be made into loaves weighing
(according to the standard weight by law established) approximately
but not less than 8 ounces or 225 grammes, 1 pound or 450 grammes,
2 pounds or 900 grammes, or 4 pounds or 1,800 grammes, and
denominated respectively the 8 ounce or 225 gramme loaf, the
1 pound or 450 gramme loaf, the 2 pound or 900 gramme loaf,
and the 4 pound or 1;800 gramme loaf.";
(c) omitting subsection (5B) and inserting in its stead the following
subsection:" (5B) The total dry solids of a loaf of bread of any denomination
specified in this section shall be such as is from time to time
prescribed in relation to that denomination by regulation made
under this Act and, until otherwise so prescribed, shall be 60 per
centum at the least of the prescribed weight of the denomination
of loaf, specified in this section, to which the loaf of bread
belongs.";
(d) omitting subsection (6) and inserting in its stead the following
subsection:(6) For the purposes of this section-
(i) a loaf of bread that exceeds the weight of 10 ounces shall
be deemed to be not an 8 ounce loaf;
(ii) a loaf of bread that exceeds the weight of 280 grammes
shall be deemed to be not a 225 gramme loaf;
(iii) a loaf of bread that exceeds the weight of 1 pound 4
ounces shall be deemed to be not a 1 pound loaf;
(iv) a loaf of bread that exceeds the weight of 560 grammes
shall be deemed to be not a 450 gramme loaf.".
Weights and Measures Act Amendment Act 1972, No. 32
329
6. Amendment of s. 28A. Section 28A of the Principal Act is amended
by-
(a) omitting subsection (2) and inserting in its stead the following
subsection :" (2) Milk bread made for sale shall be made into loaves
weighing (according to the standard weight by law established)
approximately but not less than 12 ounces or 340 grammes, or
1 pound 8 ounces or 680 grammes, and denominated respectively
the 12 ounce or 340 gramme loan, and the 24 ounce or 680 gramme
loaf.";
(b) omitting subsection (3) and inserting in its stead the following
subsection:" (3) Every loaf of milk bread made for sale shall be legibly
and durably marked(i) in the case of the 12 ounce loaf, " Milk-12 ounces ";
(ii) in the case of the 340 gramme loaf, " Milk-340
grammes ";
(iii) in the case of the 24 ounce loaf, " Milk-24 ounces ";
(iv) in the case of the 680 gramme loaf, " Milk-680
grammes ".";
(c) omitting subsection (10) and inserting in its stead the following
subsection:" (10) The total dry solids of a loaf of milk bread of any
denomination specified in this section shall be such as is from time
to time prescribed in relation to that denomination by regulation
made under this Act and, until otherwise so prescribed, shall be
60 per centum at the least of the prescribed weight of the
denomination of loaf, specified in this section, to which the loaf of
milk bread belongs.";
(d) omitting subsection (12) and inserting in its stead the following
subsection:(12) For the purposes of this section(i) a loaf of milk bread that exceeds the weight of 1 pound
shall be deemed to be not a 12 ounce loaf;
(ii) a loaf of milk bread that exceeds the weight of 450
grammes shall be deemed to be not a 340 gramme loaf.".
7. Amendment of s. 29. Section 29 of the Principal Act is amended
by(a) omitting subsection (1) and inserting in its stead the following
subsection:" (1) All bread for sale as sliced bread shall be packed in
packages containing a quantity of bread weighing (according
to the standard weight by law established) approximately but
not less than 8 ounces or 225 grammes, 1 pound or 450 grammes,
2 pounds or 900 grammes, or 4 pounds or 1,800 grammes, and
denominated respectively the 8 ounce or 225 gramme package,
the 1 pound or 450 gramme package, the 2 pound or 900 gramme
package, and the 4 pound or 1,800 gramme package.
A person shall not sell diced bread that is not packed in a
package.";
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Weights and Measures Act Amendment Act 1972, No. 32
(b) in subsection (2), omitting paragraph ( iii) and inserting in its
stead the following paragraph:(iii) which package is not marked as prescribed in relation
to packages of sliced bread by regulation made under
this Act,";
(c) omitting subsection (3B) and inserting in its stead the following
subsection:" (3n) The total dry solids of the bread contained in a package
of sliced bread of any denomination specified in this section shall
be such as is from time to time prescribed in relation to that
denomination by regulation made under this Act and, until
otherwise so prescribed, shall be $0 per centum at the least of the
prescribed weight of the denomination of package, specified in
this section, to which the package of sliced bread belongs.";
(d) omitting subsection (4) and inserting in its stead the following
subsection:(4)
(4) For the, purposes of this section(i) a package of sliced bread that contains a quantity of
bread exceeding the weight of 10 ounces shall be deemed
to be not an 8 ounce package;
(ii) a package of sliced bread that contains a quantity of
bread exceeding the weight of 280 grammes shall be
deemed to be not a 225 gramme package,
(iii) a package of sliced bread that contains a quantity of
bread exceeding the weight of 1 pound 4 ounces shall be
deemed to be not a 1 pound package;
(iv) a package of sliced bread that contains a quantity of
bread exceeding the weight of 560 grammes shall be
deemed to be not a 450 gramme package";
(e) in subsection (5), omitting from paragraph (i) the words " eight
ounces " and inserting in their stead the words " 7 ounces or 200
grammes ".
$. Amendment of s. 29A. Section 29A of the Principal Act is amended
by(a) in subsection (1), omitting the words " with a statement as
prescribed by paragraph (iii) of subsection (3) of this section " and
inserting in their stead the words " in relation to packages of sliced milk
bread by regulation made under this Act ";
(b) omitting subsection (2) and inserting in its stead the following
subsection :" (2) All milk bread for sale as sliced milk bread shall be
packed in packages containing a quantity of milk bread weighing
(according to the standard weight by law established) approximately
but not less than 12 ounces or 340 grammes, or 1 pound 8 ounces
or 6100 grammes, and denominated respectively the 12 ounce or
340 gramme package, and the 24 ounce or 680 gramme package.";
Weights and Measures Act Amendment Act 1972, No. 32
331
(c) in subsection (3), omitting paragraph (iii) and inserting in its
stead the following paragraph:-" (iii) Which package is not marked as prescribed in relation
to packages of sliced milk bread by regulation made
under this Act,";
(d) omitting subsection (6) and inserting in its stead the following
subsection:" (6) The total dry solids of the milk bread contained in a
package of sliced milk bread of any denomination specified in this
section shall be such as is from time to time prescribed in relation
to that denomination by regulation made under this Act and,
until otherwise so prescribed, shall be 60 per centum at the least
of the prescribed weight of the denomination of package, specifies..
in this section, to which the package of sliced milk bread belongs.";
(e) in subsection (9), omitting the words " with a statement as
prescribed by paragraph (iii) of subsection (3) of this section " and
inserting in their stead the words " as prescribed in relation to packages
of sliced milk bread by regulation made under this Act ";
(f) omitting subsection (10) and inserting in its stead the following
subsection:44 (10) For the purposes of this section(i) a package of sliced milk bread that contains a quantity
of milk bread exceeding the weight of" 1 pound shall be
deemed to he not a 12 ounce package;
(ii) a. package of sliced milk bread that contains a quantity
of milk bread exceeding the weight of 450 grammes shall
be deemed to be not a 340 gramme package.";
(g) in subsection (11), omitting from paragraph (i) the words " eight
ounces" and inserting in their stead the words " 7 ounces or 200
grammes ".
9. Amendment of s. 36. Section 36 of the Principal Act is amended
by, in subsection ( 1), omitting the words " five hundredweights " wherever
they occur and inserting in their stead in each case the words " 5
hundredweight or 250 kilogrammes ".
10. Amendment of s. 39. Section 39 of the Principal Act is amended
by(a) numbering the existing provisions as subsection (1);
(b) adding the following subsection:" (2) Where any person sells any article by weight or measure
or by the number thereof at a. stated price per unit of weight,
measure or, as the case may be, number and the price charged
for the article exceeds the price correctly computed from the
true weight or measure or number thereof and the stated price per
unit of weight, measure or, as the case may be ,. number, that
person shall be guilty of an offence against this Act.".
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Weights and Measures Act Amendment Act 1972, No. 32
11. Amendment of s. 43F. Section 43F of the Principal Act is amended
by, in subsection (6), omitting the words " eight ounces or eight fluid
ounces "• and inserting in their stead the words " 8 ounces or 250 grammes,
or 8 fluid ounces or 250 millilitres ".
12. Repeal of and new s. 46. The Principal Act is amended by
repealing section 46 and inserting in its stead the following section-." 46. Venue of proceeding to recover fees etc. (1) A proceeding
under The Justices Acts 1886 to 1968 to recover the amount of
any fee, charge or expense payable under this Act and unpaid
may be taken in and heard and determined by a Magistrates
Court at Brisbane or by a Magistrates Court in the magistrates
court district within which or within 35 kilometres of the boundaries
of which was made or rendered the inspection or other service
on account of which the amount became payable.
(2) Any court situated at Brisbane and that has jurisdiction
to hear and determine an action for debt to the amount sought
to be recovered as a fee, charge, or expense payable under this
Act and unpaid shall be deemed to be a court of competent
jurisdiction for the purposes of section 45.
13. Amendments in relation to decimal currency.
Act is amended as set out in the Schedule.
The Principal
14. Explanation of alternative references to weight or measure. (1)
Where in relation to any article or articles a reference is made in the
Weights and Measures Act 1951-1972 to weight or measure in terms
of units of measurement of the imperial system and is immediately
followed by an alternative reference to weight or measure in terms of
units of measurement of the metric system it is to be taken that the former
reference applies in relation to such article or articles produced or packed
for sale in units of measurement of the imperial system and the alternative
reference applies in relation to such article or articles produced or
packed for sale in units of measurement of the metric system.
(2) In this sectionimperial system " means the system of measurement in
Commonwealth legal units of measurement related to the
yard, the pound, or the gallon;
" metric system " means the system of measurement in
Commonwealth legal units of measurement related to the
metre, the kilogramme, or the cubic metre.
Weights and Measures Act Amendment Act 1972, No. 32
333
[s. 13]
SCHEDULE
AMENDMENTS IN RELATION TO DECIMAL CURRENCY
Provision amended
Omit
Insert
Section 28 (3)
(a) one hundred pounds
(b) two hundred pounds
(a) two hundred dollars
(b) four hundred dollars
Section 28A (4)
(a) one hundred pounds
(b) two hundred pounds
(a) two hundred dollars
(b) four hundred dollars
Section 28A (5)
(a) one hundred pounds
(b) two hundred pounds
(a) two hundred dollars
(b) four hundred dollars
Section 29A (9)
(a) one hundred pounds
(b) two hundred pounds
(a) two hundred dollars
(b) four hundred dollars
Section 30 (3A) (v)
fifty pounds
one hundred dollars
Section 30 (3A) (vi)
fifty pounds
one hundred dollars
(a) one hundred pounds
(b) two hundred pounds
(a) two hundred dollars
(b) four hundred dollars
Section 42
one hundred pounds
two hundred dollars
Section 44 (3)
one hundred pounds
two hundred dollars
Section 41 (1)