Commonwealth: National Measurement Act 1960 (Cth)

National Measurement Act 1960 No. 64, 1960 Compilation No. 22 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the National Measurement Act 1960 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 3 Interpretation 3A Meaning of made available as a public weighbridge 4 Objects and application of Act 4A Application of Act—utility meters used for trade 4B Application of trade measurement provisions 5 Act to bind the Crown 6 Extension of Act to Territories 6A Application of the Criminal Code Part II—Units and standards of measurement 7 Australian legal units of measurement 7A Regulations may prescribe Australian legal units of measurement etc. 7B Guidelines 8 Australian standards of measurement 8AA Co‑ordinated Universal Time 8A Recognized‑value standards of measurement 9 Verification of State primary standards of measurement 10 Measurements to be ascertained in accordance with appropriate standards of measurement, Australian certified reference materials or certified measuring instruments 11 Conversion factors 12 Trade contracts etc. to be expressed in Australian legal units of measurement 12A Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement 13 Contracts etc. relating to exportation or importation of goods 13A Futures contracts and contracts etc. relating to futures contracts 14 References in laws to units of measurement Part III—National Measurement Institute and Chief Metrologist 16 Overview of Part 17 National Measurement Institute 18 Metrological functions 18A Chief Metrologist 18B Acting Chief Metrologist 18C Delegation by the Secretary 18D Delegation by the Chief Metrologist Part IV—Using measuring instruments for trade Division 1—Overview of Part 18G Overview Division 2—Requirements for use of measuring instruments for trade 18GA Measuring instruments used for trade to be verified 18GB Installing measuring instruments not of an approved pattern 18GC Supplying measuring instruments not of an approved pattern 18GCA Letting for hire or loaning unverified measuring instruments 18GD Inaccurate use of measuring instruments 18GE Using or supplying inaccurate measuring instruments Division 3—Verification of measuring instruments 18GF Overview 18GG Meaning of verification 18GH Who is permitted to verify measuring instruments other than utility meters? 18GI Who is permitted to verify utility meters? 18GJ Register of verification marks 18GK Requirements for verification 18GL Standards of measurements to be used for verification 18GM Using a verification mark when not permitted to do so 18GN Sale or supply of measuring instrument marked by someone not permitted to do so 18GO Misleading marks 18GP Wrongful possession of an instrument for making a verification mark 18GPA Obligation to obliterate verification mark—person who adjusts or repairs measuring instrument 18GQ Obligation to obliterate verification mark—person who causes adjustment or repair of measuring instrument 18GR Measuring instrument taken not to have failed test procedures in certain circumstances Part V—General provisions on using measurement in trade 18H Overview 18HA When is an article packed in advance ready for sale? 18HB Certain articles must be sold by measurement—articles packed in advance ready for sale 18HC Certain articles must be sold by measurement—other articles 18HD Transactions based on measurement to be in prescribed units of measurement 18HE Measuring instruments used in transactions to have prescribed scale intervals 18HF Unreliable methods of measurement 18HG Limiting use of certain measuring instruments 18HH Measuring instruments and methods of measurement used in monitoring compliance with the Act 18HI Articles sold by measurement to be sold by net measurement Part VI—Articles packed in advance ready for sale Division 1—Overview of Part 18J Overview Division 2—Marking packed articles Subdivision 2‑A—Required package information 18JA Package must be marked with required package information—packer 18JB Package must be marked with required package information—importer 18JC Package must be marked with required package information—seller 18JD Package must be marked with required package information—possession, offer or exposure for sale 18JE Package must be marked in prescribed manner Subdivision 2‑B—Prohibited expressions 18JF Using prohibited expressions—packer 18JG Using prohibited expressions—seller 18JH Using prohibited expressions—possession, offer or exposure for sale Subdivision 2‑C—Notices to remedy 18JHA Trade measurement inspector may give notice to remedy Division 3—Average Quantity System for packed articles Subdivision 3‑A—Preliminary 18JI Overview of Division Subdivision 3‑B—AQS marks 18JJ What is an AQS mark? 18JK AQS mark must be used in accordance with regulations 18JL Using misleading marks 18JLA Trade measurement inspector may give notice to remedy Subdivision 3‑C—Shortfall 18JM Shortfall offence—packer 18JN Shortfall offence—importer 18JO Shortfall offence—possession, offer or exposure for sale 18JP Shortfall offence—sale Division 4—Packed articles not marked with AQS mark Subdivision 4‑A—Overview of Division 18JQ Overview Subdivision 4‑B—Shortfall offences 18JR When is there a shortfall in the measurement of a packed article? 18JS Shortfall offence—packer 18JT Shortfall offence—importer 18JU Shortfall offence—possession, offer or exposure for sale 18JV Shortfall offence—seller Division 5—Permits 18JW Overview 18JX Permits for certain packed articles 18JY Register of permits 18JZ Evidentiary certificate Part VII—Other articles 18K Overview 18KA Requirements if purchaser present when measurement made 18KB Requirements if purchaser not present when measurement made 18KC Articles sold by measurement—price of packaging 18KD Shortfall offence—sale Part VIII—Enforcement of Parts IV to VII Division 1—Overview 18L Overview Division 2—Evidentiary matters 18LA Evidentiary certificate—shortfall offences 18LB Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence 18LC Person giving certificate may be called to give evidence 18LD Evidence in support or rebuttal of matters in certificate to be considered on its merits 18LE Evidence—matters relating to packing Division 3—Infringement notices 18LF When an infringement notice can be given 18LG Matters to be included in an infringement notice 18LH Amount of penalty 18LI Withdrawal of an infringement notice 18LJ What happens if the penalty is paid 18LK Effect of this Division on criminal proceedings Division 4—Additional enforcement options 18LL Overview 18LM Accepting undertakings 18LN Enforcing undertakings 18LO Injunctions 18LP Secretary may publicise offences 18LQ Affected contracts etc. voidable Part IX—Trade measurement inspectors Division 1—Overview of Part 18M Overview Division 2—Appointment of trade measurement inspectors and identity cards 18MA Appointment of trade measurement inspectors 18MB Identity card 18MC Evidentiary certificate—appointment and class of trade measurement inspector Division 3—Powers of trade measurement inspectors 18MD Overview 18MDA Powers of trade measurement inspectors in public areas of business premises 18ME Monitoring powers 18MF Collecting evidential material 18MG General powers of trade measurement inspectors 18MH Trade measurement inspector may request persons to answer questions or produce documents 18MI English translation of book, record or document requested by a trade measurement inspector 18MIA Trade measurement inspector may give directions to controllers of business vehicles etc. 18MJ Power to give directions in relation to re‑verification 18MK Power to verify measuring instruments on request 18ML Evidentiary certificate—examination and calibration under section 18MK 18MM Trade measurement inspector must obliterate verification mark 18MMA Notices to remedy Division 4—Obligations of trade measurement inspectors 18MN Trade measurement inspector must produce identity card on request 18MO Details of warrant to be given to controller etc. 18MP Consent to enter residential premises 18MQ Announcement on entry or inspection 18MR Compensation for damage to electronic equipment 18MS Copies of seized things to be provided 18MT Receipts for things seized 18MU Retention of seized things 18MV Magistrate may permit a thing to be retained Division 5—Controller's rights and responsibilities 18MW Controller entitled to be present during search 18MX Controller must provide trade measurement inspector with facilities and assistance Division 6—Warrants 18MY Overview 18MZ Monitoring warrants 18MZA Warrants relating to the collection of evidential material 18MZB Urgent warrant for the collection of evidential material 18MZC Powers conferred on magistrates in their personal capacity 18MZD Immunity of magistrates Part X—Servicing licensees 18N Overview 18NA Application for a servicing licence 18NB Granting a servicing licence 18NC Circumstances in which servicing licence must be refused 18ND Where the applicant is a body corporate 18NE Where the applicant is a partnership 18NF Register of servicing licences 18NG Conditions may be imposed on servicing licences 18NH Conditions on all servicing licences 18NI Application to amend a condition of a servicing licence 18NJ Application to change servicing licensee due to change of partnership 18NK Application for renewal of servicing licence 18NL Renewal of servicing licence 18NM Surrender and transfer of servicing licence 18NN Order preventing employment of certain persons 18NO Offence—breaching a condition of a servicing licence Part XI—Public weighbridges Division 1—Public weighbridge licences 18P Overview 18PA Application for a public weighbridge licence 18PB Granting a public weighbridge licence 18PC Circumstances in which public weighbridge licence must be refused 18PD Where the applicant is a body corporate 18PE Where the applicant is a partnership 18PF Register of public weighbridge licences 18PG Conditions may be imposed on public weighbridge licences 18PH Conditions on all public weighbridge licences 18PI Application to amend a condition of a public weighbridge licence 18PJ Application to change public weighbridge licensee due to change of partnership 18PK Application to contract out the operation of the public weighbridge 18PL Application for renewal of public weighbridge licence 18PM Renewal of public weighbridge licence 18PN Surrender and transfer of public weighbridge licence 18PO Effect of relocation of licensed public weighbridge 18PP If weighbridge no longer suitable for use as public weighbridge 18PQ Order preventing employment of certain persons 18PR Order preventing contract with certain person to operate public weighbridge 18PS Order preventing employee of a public weighbridge contractor from operating public weighbridge Division 2—Offences in relation to public weighbridges 18PT Offence—making a weighbridge available as a public weighbridge when not licensed etc. 18PU Offence—breaching a condition of a public weighbridge licence Part XII—Disciplinary action against servicing licensees and public weighbridge licensees 18Q Overview 18QA Grounds for disciplinary action 18QB Notice to licensee of grounds for disciplinary action 18QC Taking disciplinary action 18QD Accepting undertakings 18QE Enforcing undertakings 18QF Secretary may publicise grounds on which disciplinary action taken, etc. Part XIII—Utility meter verifiers Division 1—Appointment of utility meter verifiers on application 18R Applying to be a utility meter verifier 18RA Appointment of utility meter verifiers 18RB Conditions on appointment of utility meter verifiers 18RC Secretary must allocate utility meter verifier's mark 18RCA NATA accredited verifiers Division 2—Disciplinary action against utility meter verifiers appointed on application 18RD Notice to utility meter verifier of intention to take disciplinary action 18RE Secretary may seek further information 18RF Secretary must consider utility meter verifier's submission and information in making a decision under section 18RG 18RG Taking of disciplinary action against a utility meter verifier Division 3—Appointing Commonwealth or State officials etc. as utility meter verifiers 18RH Appointment of Commonwealth or State officials etc. as utility meter verifiers 18RI Secretary must allocate verification marks to utility meter verifiers appointed under section 18RH Part XIV—Miscellaneous 19 Maintaining of standards of measurement etc. before regulations prescribing units take effect 19A Patterns of instruments 19AAA Tolerances 19AAB Measuring instrument—accordance with pattern 19B Offences 19C Offences committed by employees—liability of employee 19D Offences committed by employees—liability of employer 19E Offences committed by agents—liability of agent 19F Offences committed by agents—liability of principal 19H Protected information 19J Review by Administrative Review Tribunal of decisions under this Act 19K Jurisdiction of the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2) 19L Fees recoverable as a debt due to the Commonwealth 19M Rights may be amended, suspended or cancelled etc. 19N Compensation for acquisition of property 19P Evidentiary matters—signature of Secretary or trade measurement inspector 19Q Chief Metrologist may determine matters 20 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to Weights and Measures Part I—Preliminary 1 Short title This Act may be cited as the National Measurement Act 1960. 3 Interpretation (1) In this Act, unless the contrary intention appears: approved pattern, in relation to a measuring instrument, means a pattern approved for the measuring instrument under section 19A that: (a) is currently in force; or (b) has expired or been cancelled (but not withdrawn) and was in force when the measuring instrument was manufactured. AQS mark has the meaning given by section 18JJ. AQS sampling procedures are sampling procedures determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 3‑C of Division 3 of Part VI. AQS test procedures are test procedures determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 3‑C of Division 3 of Part VI. AQS threshold is the threshold prescribed for the purposes of Subdivision 3‑C of Division 3 of Part VI. article includes a substance. Australia includes the external Territories. Australian certified reference material means a reference material that has been certified in accordance with the regulations and for which the certification is in effect. Australian legal unit of measurement means: (a) a unit of measurement prescribed for the purposes of subsection 7A(1); or (b) a unit of measurement derived by the application of guidelines issued by the Chief Metrologist under section 7B, or 2 or more successive applications of those guidelines. Australian primary standard of measurement means a standard of measurement that is maintained, or caused to be maintained, by the Chief Metrologist as an Australian primary standard of measurement for the purposes of subsection 8(1). Australian secondary standard of measurement means a standard of measurement that is maintained, or caused to be maintained, by the Chief Metrologist as an Australian secondary standard of measurement for the purposes of subsection 8(2) and that has been verified, in accordance with the regulations, by means of, by reference to, by comparison with or by derivation from an Australian primary standard of measurement. automated packing machine means a machine that follows a pre‑determined program for automatically measuring articles in pre‑determined quantities as part of the packing process. business premises means premises or a part of premises: (a) used for the importation, packing, storage or sale of articles or utilities sold, or to be sold, by measurement; or (b) on which a measuring instrument is used for trade; or (c) used for activities incidental to the uses mentioned in paragraph (a) or (b); but does not include premises or a part of premises occupied as a residence or for residential accommodation. business vehicle means a vehicle: (a) used for the transportation of articles or utilities sold, or to be sold, by measurement (whether packed in advance ready for sale or otherwise); or (b) on which a measuring instrument is used for trade; or (c) used for the measurement of articles or utilities sold, or to be sold, by measurement; or (d) used for activities incidental to the uses mentioned in paragraph (a), (b) or (c). certified measuring instrument means a measuring instrument that has been certified in accordance with the regulations and for which the certification is in effect. Chief Metrologist means the Chief Metrologist mentioned in section 18A. Commonwealth authority means a body corporate established for a public purpose by or under a law of the Commonwealth. component: a thing is a component of another thing (the instrument) by means of which a measurement may be made where: (a) the instrument is designed or constructed so as to include the thing, or have the thing associated with it, but the thing need not form part of the instrument; and (b) the thing is designed or intended to do any or all of the following: (i) convert the result of a measurement by the instrument; (ii) calculate number, tax or price by reference to the result of a measurement by the instrument; (iii) correct the result of a measurement by the instrument; (iv) provide or repeat information relating to the result of a measurement by the instrument or a result of the conversion or calculation described in subparagraph (i) or (ii); (v) control the measurement process carried out by the instrument; (vi) convert a physical quantity into another physical quantity. controller, in relation to premises, a part of premises or a vehicle, means the person apparently in control of the premises, the part of the premises or the vehicle. earlier corresponding law means any of the following: (a) the Trade Measurement Act 1989 of New South Wales; (b) the Trade Measurement Administration Act 1989 of New South Wales; (c) the Trade Measurement Act 1995 of Victoria; (d) the Trade Measurement (Administration) Act 1995 of Victoria; (e) the Trade Measurement Act 1990 of Queensland; (f) the Trade Measurement Administration Act 1990 of Queensland; (g) the Trade Measurement Act 2006 of Western Australia; (h) the Trade Measurement Administration Act 2006 of Western Australia; (i) the Trade Measurement Act 1993 of South Australia; (j) the Trade Measurement Administration Act 1993 of South Australia; (k) the Trade Measurement Act 1999 of Tasmania; (l) the Trade Measurement (Tasmania) Administration Act 1999 of Tasmania; (m) the Trade Measurement Act 1991 of the Australian Capital Territory; (n) the Trade Measurement (Administration) Act 1991 of the Australian Capital Territory; (o) the Trade Measurement Act of the Northern Territory; (p) the Trade Measurement Administration Act of the Northern Territory; and includes the regulations made under those Acts. evidential material means any of the following: (a) any thing with respect to which an offence against this Act has been committed or is suspected, on reasonable grounds, to have been committed; (b) any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; (c) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence. fuel tax credit has the same meaning as in the Fuel Tax Act 2006. inspector's mark means the mark allotted to a trade measurement inspector by the Secretary under subsection 18MA(5). interest in land includes an interest by way of stratum title (by whatever name known), an interest by way of strata title (by whatever name known) and a time‑sharing interest in land (by whatever name known). like article, in relation to a notice to remedy, has the meaning given by subsection 18MMA(7). made available as a public weighbridge has the meaning given by section 3A. marked: something is marked on a package if: (a) it is marked on the package itself; or (b) it is marked on a label attached to or enclosed with, but visible within, the package. marking a measuring instrument with a verification mark has the meaning given in subsection (5). material measure means a thing designed or intended to conserve or reproduce, in a permanent manner during the use of the thing, one or more known values of a physical quantity. measurement means a determination of number or physical quantity, other than for descriptive purposes only. measuring instrument means: (a) a thing by means of which a measurement may be made; or (b) a component of such a thing. measuring instrument gives an inaccurate measurement has the meaning given in subsection (6). measuring instrument with an approved pattern means a measuring instrument a pattern of which has been approved under this Act. metric system of measurement means measurement in terms of: (a) the units comprised in the International System of Units for the time being approved by the General Conference on Weights and Measures; (b) units decimally related to those units and for the time being so approved. national group test procedures are test procedures with respect to groups of packages determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 4‑B of Division 4 of Part VI. national instrument test procedures are procedures for testing measuring instruments determined by the Chief Metrologist under subsection 18GG(2). national sampling procedures are sampling procedures determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 4‑B of Division 4 of Part VI. national single article test procedures are test procedures with respect to single packages determined by the Chief Metrologist under section 19Q for the purposes of Subdivision 4‑B of Division 4 of Part VI. national test threshold is the threshold prescribed for the purposes of Subdivision 4‑B of Division 4 of Part VI. net measurement, in relation to an article, means the measurement of the article disregarding any packaging or other thing that is not part of the article. notice to remedy has the meaning given by subsection 18MMA(2). obliterate, in respect of a verification mark, means destroy, or remove and destroy, a verification mark. 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. packed in advance ready for sale has the meaning given by section 18HA. pattern, in relation to a measuring instrument, includes a sample of the measuring instrument. premises means: (a) an area of land or any other place, whether or not it is enclosed or built on; or (b) a building or other structure. public weighbridge means a weighbridge that is made available as a public weighbridge. public weighbridge licence means a licence granted under section 18PB. public weighbridge licensee means a person to whom a licence is granted under section 18PB. recognized‑value standard of measurement means a standard of measurement that the Chief Metrologist has, under section 8A, determined shall be a recognized‑value standard of measurement. reference material means a material whose properties are used for the calibration of measuring instruments, the assessment of a measuring method or for assigning values to materials. reference standard of measurement means a standard of measurement (other than an Australian primary standard of measurement, an Australian secondary standard of measurement, a recognized‑value standard of measurement or a State primary standard of measurement) that has been verified in accordance with the regulations and for which the verification is in effect. remedy period, for a notice to remedy, means the period specified in the notice under paragraph 18MMA(3)(e). residential premises means premises, or a part of premises, that is occupied as a residence or for residential accommodation. Secretary means the Secretary of the Department. seize includes secure against interference. sell includes barter or exchange. servicing licence means a licence granted under section 18NB. servicing licensee means a person to whom a licence is granted under section 18NB. servicing licensee's mark means the mark approved by the Secretary for use by or on behalf of a servicing licensee in verifying measuring instruments. shortfall, in relation to an article packed in advance ready for sale that is not marked with an AQS mark, has the meaning given by section 18JR. standard of measurement means: (a) a material measure, measuring instrument or measuring system designed or intended to define, realise, conserve or reproduce: (i) a unit of measurement of a physical quantity; or (ii) one or more known values of a physical quantity; in order to transmit that unit or those values to measuring instruments by way of comparison; or (b) a formula designed or intended to define the magnitude of a physical quantity. State or Territory officer means a person who, whether on a full‑time basis or a part‑time basis and whether in a permanent capacity or otherwise: (a) is in the service or employment of a State or Territory or an authority of a State or Territory; or (b) holds or performs the duties of any office or position established by or under a law of a State or Territory. State primary standard of measurement means a standard of measurement that has been approved by the Chief Metrologist and that is maintained, or caused to be maintained, by a State or Territory and that has been verified under section 9 by means of, by reference to, by comparison with or by derivation from an Australian primary standard of measurement or an Australian secondary standard of measurement. this Act includes the regulations and any other instrument made under a provision of this Act. trade measurement inspector means: (a) in relation to the exercise of a power or the performance of a function or duty in circumstances prescribed under paragraph 18MA(3)(b)—a person appointed to a class of trade measurement inspectors authorised to exercise that power or perform that function or duty in those circumstances; and (b) in relation to the exercise of a power or the performance of a function or duty otherwise—a person appointed to a class of trade measurement inspectors authorised to exercise that power or perform that function or duty. unit of measurement includes any word or expression that is used in conjunction with numerical values in order to describe the magnitudes of physical quantities. use for trade: a person uses a measuring instrument for trade if: (a) the person is actually or apparently in control of the measuring instrument; and (b) the person uses it, or makes it available for another person to use, for one or more of the following purposes: (i) determining the consideration in respect of a transaction; (ii) determining the amount of a tax; (iii) if the regulations prescribe circumstances in which the use of a measuring instrument for the purpose of determining the amount of a tax credit (including a fuel tax credit) or adjustment is a use for trade—determining an amount of that kind in those circumstances. utility means gas, electricity or water. utility meter means a measuring instrument that is: (a) a gas meter; or (b) an electricity meter; or (c) a water meter. utility meter verifier means a person appointed as a utility meter verifier under section 18RA or 18RH. utility meter verifier's mark means a mark allocated to a person appointed as a verifier in relation to utility meters under section 18RA or 18RH for use by the verifier or its employees (if any), when verifying utility meters. vehicle includes vessel, aircraft and any other means of conveying persons or goods. verification, in relation to a measuring instrument, has the meaning given by section 18GG. verification mark means: (a) in relation to utility meters—a utility meter verifier's mark; and (b) in relation to any other measuring instrument: (i) an inspector's mark; or (ii) a servicing licensee's mark. verifier: (a) in relation to utility meters—means a person who is permitted to verify the utility meter under section 18GI; and (b) in relation to any other measuring instrument—means a person who is permitted to verify the measuring instrument under section 18GH. weighbridge means a measuring instrument that is of a capacity of 3 tonnes or more and has one or more platforms 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) A reference in this Act to the verification of a standard of measurement shall be read as including a reference to the reverification of the standard of measurement. (3A) A reference in this Act to the verification of a utility meter used for trade does not include a reference to the reverification of a utility meter used for trade. (4) A reference in this Act to an appropriate State authority shall be read as a reference to a Department of State or other authority in a State or Territory having responsibility for matters relating to weights and measures. (5) A reference in this Act to a person marking a measuring instrument with a verification mark includes the marking of the measuring instrument itself, the affixing of a label to the measuring instrument or the marking of a label affixed to the measuring instrument. (6) For the purposes of this Act, a measuring instrument gives an inaccurate measurement if the measuring instrument does not operate within the appropriate limits of error that are permitted under the regulations. (6A) The regulations may prescribe circumstances in which the use of a measuring instrument for the purpose of determining the amount of a tax credit (including a fuel tax credit) or adjustment is a use for trade for the purposes of subparagraph (b)(iii) of the definition of use for trade in subsection (1). (7) A reference in this Act to a particular provision or group of provisions includes a reference to regulations made under that provision or under any one or more of the provisions of that group of provisions. 3A Meaning of made available as a public weighbridge (1) A weighbridge is made available as a public weighbridge if: (a) it is open for use by or on behalf of the public; or (b) it is available for use for a charge. (2) A weighbridge is not made available as a public weighbridge if the weighbridge is used by a person who owns or who has contracted to operate the weighbridge: (a) for the purpose of determining the consideration in an agreement between the person and another person; or (b) for purposes that do not involve another person. (3) The regulations may prescribe other circumstances in which a weighbridge is taken not to be made available as a public weighbridge for the purposes of this Act. 4 Objects and application of Act (1) The objects of this Act are: (a) to establish a national system of units and standards of measurement of physical quantities; and (b) to provide for the uniform use of those uniform units and standards of measurement throughout Australia; and (c) to co‑ordinate the operation of the national system of measurement; and (d) to bring about the use of the metric system of measurement in Australia as the sole system of measurement of physical quantities; and (e) to provide for a national system of trade measurement; and this Act shall be construed accordingly. (1A) Subsection (2) does not apply in respect of the application of this Act and regulations to utility meters used for trade. Note: Section 4A deals with the application of the Act in respect of utility meters used for trade (2) This Act and the regulations do not apply to the exclusion of any law of a State or Territory except in so far as that law is inconsistent with an express provision of this Act or of the regulations. 4A Application of Act—utility meters used for trade General rule—Commonwealth law applies (1) Subject to this section, this Act and the regulations are intended to apply to the exclusion of any State or Territory law to the extent that the State or Territory law relates to utility meters used for trade. Exception—concurrent operation of State and Territory laws relating to exempt utility meters (1A) This Act and the regulations are not intended to exclude or limit the concurrent operation of any State or Territory law to the extent the State or Territory law relates to: (a) verification of exempt utility meters for use for trade; or (b) approval of patterns of exempt utility meters for use for trade. Limited application of this Act and the regulations to exempt utility meters (1B) An exempt utility meter may be verified for use for trade under this Act. (1C) Sections 18GM, 18GN and 18GO apply in relation to an exempt utility meter used for trade. (1D) The pattern of an exempt utility meter may be approved for use for trade under section 19A of this Act. (1E) Except as provided for in subsections (1B) to (1D), this Act and the regulations do not apply to an exempt utility meter used for trade. Exception—concurrent operation of State and Territory laws relating to improper practices (2) This Act and the regulations are not intended to exclude or limit the concurrent operation of any State or Territory law relating to improper practices in connection with utility meters used for trade. Exception—this Act does not apply to reverification (3) This Act and the regulations do not apply to the reverification of utility meters used for trade. Definition (4) In this section: exempt utility meter means a utility meter that is included in a class of utility meters that are prescribed to be exempt utility meters under paragraph 20(1)(f). 4B Application of trade measurement provisions (1) Parts IV to XIII of this Act do not apply to a measurement, or an instrument used for the purposes of a measurement, to determine any of the following: (a) charges relating to telephone calls or the use of internet services; (b) the fare payable for use of a taxi; (c) the charge for the hire of a motor vehicle; (d) tyre pressures; (e) the expiration of time, or the calculation of time, for parking a vehicle. (2) Parts IV to XIII of this Act do not apply to a measuring instrument that is an automated packing machine. (3) Parts IV to XIII of this Act do not apply to a measurement for the purposes of: (a) reporting and disseminating information relating to greenhouse gas emissions, greenhouse gas projects, energy production and energy consumption under the National Greenhouse and Energy Reporting Act 2007; or (b) reporting and disseminating information relating to greenhouse gas emissions or greenhouse gas projects under any other law of the Commonwealth or of a State or Territory; or (c) emissions trading under a law of the Commonwealth or of a State or Territory. 5 Act to bind the Crown This Act binds the Crown in each of its capacities and any authority constituted by or under a law of the Commonwealth or of a State or Territory. 6 Extension of Act to Territories This Act extends to all the Territories. 6A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Units and standards of measurement 7 Australian legal units of measurement Subject to subsection 7A(2), the Australian legal units of measurement of a physical quantity are the sole legal units of measurement of that physical quantity. 7A Regulations may prescribe Australian legal units of measurement etc. (1) The regulations may prescribe the Australian legal units of measurement of any physical quantity. (2) The regulations may prescribe units of measurement of any physical quantity to be additional legal units of measurement for use for a particular purpose or for the purpose of a particular contract, dealing or other transaction or class of contracts, dealings or other transactions. (3) The regulations may prescribe prefixes specifying numerical value. 7B Guidelines The Chief Metrologist may, by legislative instrument, issue guidelines governing: (a) the way in which an Australian legal unit of measurement may be combined with itself, or one or more other Australian legal units of measurement, to produce an Australian legal unit of measurement; and (b) the way in which an Australian legal unit of measurement may be combined with a prefix prescribed for the purposes of subsection 7A(3) to produce an Australian legal unit of measurement. 8 Australian standards of measurement (1) The Chief Metrologist shall maintain, or cause to be maintained, such standards of measurement as are necessary to provide means by which measurements of physical quantities for which there are Australian legal units of measurement may be made in terms of those units. (2) The Chief Metrologist shall maintain, or cause to be maintained, such standards of measurement (not being Australian primary standards of measurement) as the Chief Metrologist considers desirable to maintain as Australian secondary standards of measurement in order to provide additional means by which measurements of physical quantities for which there are Australian legal units of measurement may be made in terms of those units. 8AA Co‑ordinated Universal Time The Chief Metrologist is to maintain, or cause to be maintained, Co‑ordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures. 8A Recognized‑value standards of measurement (1) The Chief Metrologist may, by legislative instrument, determine that: (a) magnitudes of physical quantities specified in the determination; or (b) magnitudes of physical quantities as ascertained in accordance with a formula set out in the determination; shall be recognized‑value standards of measurement. (2) The Chief Metrologist may revoke or vary any such determination. (4) A recognized‑value standard of measurement is not subject to verification. 9 Verification of State primary standards of measurement (1) A State primary standard of measurement may, at the request of the appropriate State authority, be verified by or on behalf of the Chief Metrologist by means of, by reference to, by comparison with or by derivation from: (a) an appropriate Australian primary standard of measurement; (b) an appropriate Australian secondary standard of measurement; or (c) 2 or more standards of measurement each of which is an appropriate Australian primary standard of measurement or an appropriate Australian secondary standard of measurement. (2) Verification of such a standard of measurement shall be carried out in a manner that is, having regard to the nature of the standard of measurement to be verified, appropriate for the purpose. (3) Where a State primary standard of measurement is verified by the Chief Metrologist or by a person on behalf of the Chief Metrologist, the Chief Metrologist or the person, as the case may be, shall specify the period within which the standard is to be verified again, and the standard shall be verified again within that period. 10 Measurements to be ascertained in accordance with appropriate standards of measurement, Australian certified reference materials or certified measuring instruments When, for any legal purpose, it is necessary to ascertain whether a measurement of a physical quantity for which there are Australian legal units of measurement has been made or is being made in terms of those units, that fact shall be ascertained by means of, by reference to, by comparison with or by derivation from: (a) an appropriate Australian primary standard of measurement; (b) an appropriate Australian secondary standard of measurement; (c) an appropriate State primary standard of measurement; (d) an appropriate recognized‑value standard of measurement; (e) an appropriate reference standard of measurement; (f) 2 or more standards of measurement, each of which is a standard of measurement referred to in paragraph (a), (b), (c), (d) or (e); (g) an Australian certified reference material; (h) a certified measuring instrument; (i) one or more standards of measurement, each of which is a standard of measurement referred to in paragraph (a), (b), (c), (d) or (e) and an Australian certified reference material; (j) one or more standards of measurement, each of which is a standard of measurement referred to in paragraph (a), (b), (c), (d) or (e) and a certified measuring instrument; or (k) one or more standards of measurement, each of which is a standard of measurement referred to in paragraph (a), (b), (c), (d) or (e), an Australian certified reference material and a certified measuring instrument; and not in any other manner. 11 Conversion factors Where, for any legal purpose: (a) it is necessary to convert a measurement of a physical quantity expressed in terms of one of the Australian legal units of measurement of that physical quantity to a measurement expressed in terms of another Australian legal unit of measurement; or (b) it is necessary to convert a measurement of a physical quantity expressed in terms of a unit of measurement (not being an Australian legal unit of measurement) of that physical quantity to a measurement expressed in terms of one of the Australian legal units of measurement; the prescribed conversion factors shall, where applicable, be used. 12 Trade contracts etc. to be expressed in Australian legal units of measurement (1) On and after the date from which the Australian legal units of measurement of a physical quantity are the sole legal units of measurement of that physical quantity, every contract, dealing or other transaction made or entered into for any work, goods or other thing that is to be done, sold, carried or agreed for by measurement of that physical quantity shall be made or entered into by reference to Australian legal units of measurement of that physical quantity, and if not so made or entered into is void. (1A) Subsection (1) does not apply, and shall be deemed never to have applied, in relation to a contract, dealing or other transaction made or entered into with respect to an interest in land. (2) Where, in a contract, dealing or other transaction to which subsection (1) applies: (a) reference is made to a unit of measurement of a physical quantity; and (b) there is an Australian legal unit of measurement of that physical quantity of the same name; the reference shall, unless the contrary intention appears, be deemed to be a reference to that Australian legal unit of measurement. (3) Nothing in subsection (1) shall be taken to affect the validity of a contract, dealing or other transaction referred to in that subsection that was made or entered into by reference to units of measurement of a physical quantity that, at the time when it was made or entered into, were Australian legal units of measurement of that physical quantity. (4) Where a contract, dealing or other transaction in relation to which an additional unit of measurement is applicable under regulations made for the purposes of subsection 7A(2) is made or entered into by reference to that additional unit of measurement, the contract, dealing or other transaction is not void by reason only that it is made or entered into by reference to that additional unit of measurement. 12A Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement (1) After the commencement of this section, every contract, dealing or other transaction made or entered into with respect to an interest in land that refers to any measurement of a physical quantity (including a reference to a measurement of a physical quantity for descriptive purposes only) shall refer to Australian legal units of measurement of that physical quantity. (2) Where, in a contract, dealing or other transaction to which subsection (1) applies: (a) reference is made to a unit of measurement of a physical quantity; and (b) there is an Australian legal unit of measurement of that physical quantity of the same name; the reference shall, unless the contrary intention appears, be deemed to be a reference to that Australian legal unit of measurement. (3) Where a contract, dealing or other transaction in relation to which an additional unit of measurement is applicable under regulations made for the purposes of subsection 7A(2) refers to that additional unit of measurement, the contract, dealing or other transaction does not contravene subsection (1) merely because it refers exclusively to that additional unit of measurement. (4) A contract dealing or other transaction made or entered into with respect to an interest in land does not contravene subsection (1) merely because it refers to units of measurement other than Australian legal units of measurement if: (a) in the case of land that is registered under a law of a State or Territory relating to the registration of interests in land—the folium of the register in which interests in the land are registered, or the duplicate certificate of title for the land, is expressed in, or contains or refers to a plan expressed in, units of measurement other than Australian legal units of measurement (whether or not also expressed in Australian legal units of measurement); or (b) in any other case—all the muniments of title for the land are expressed in, or contain or refer to a plan expressed in, units of measurement other than Australian legal units of measurement (whether or not some of the muniments of title are also expressed in, or contain or refer to a plan that is also expressed in, Australian legal units of measurement). (5) Nothing in this section shall be taken to affect the validity of a contract, dealing or other transaction, or any interest derived under a contract, dealing or other transaction, merely because the contract, dealing or other transaction contravenes subsection (1). (6) A person who makes or enters into a contract, dealing or other transaction that contravenes subsection (1) commits an offence. Penalty: 5 penalty units. 13 Contracts etc. relating to exportation or importation of goods The provisions of subsection 12(1) and of section 7 do not apply to or in relation to a contract, dealing or transaction made or entered into in connexion with the exportation of goods from, or the importation of goods into, Australia. 13A Futures contracts and contracts etc. relating to futures contracts (1) Section 7 and subsection 12(1) do not apply in relation to a futures contract or a contract, dealing or transaction made or entered into in connection with a futures contract. (2) In subsection (1), futures contract has the same meaning as in the Futures Industry Act 1986. 14 References in laws to units of measurement On and after the date from which the Australian legal units of measurement of a physical quantity are the sole legal units of measurement of that physical quantity, a reference in a law of the Commonwealth or of a Territory (whether the law was made before or after the commencement of this Act) to a unit of measurement of that physical quantity shall, if there is an Australian legal unit of measurement of that physical quantity of the same name and unless the contrary intention appears, be read as a reference to that Australian legal unit of measurement. Part III—National Measurement Institute and Chief Metrologist 16 Overview of Part Overview of Part (1) A National Measurement Institute is established within the Department. (2) The Secretary has metrological functions of the Commonwealth, but may delegate within the Department metrological functions and powers. (3) The position of Chief Metrologist is established and the functions of the Chief Metrologist identified. 17 National Measurement Institute There is to be a National Measurement Institute within the Department. 18 Metrological functions (1) The Secretary has metrological functions of the Commonwealth. (2) Those functions include, but are not limited to, the following: (a) adopting the International System of Units, and developing and adopting additional units of measurement for use in Australia; (b) realising units of measurement through the development and maintenance of standards of measurement, reference materials and reference techniques; (c) assisting industry, scientific organisations and government to develop and utilise measurement techniques, including by technology transfer; (d) promoting best practice in measurement in industry and the scientific and wider community, including by training; (e) providing measurement services to industry, scientific organisations and government, including by: (i) measuring physical, chemical and biological quantities; and (ii) providing calibration services; and (iii) examining and approving patterns for measuring instruments; (f) providing expertise in support of Australia's measurement standards and conformance infrastructure; (g) promoting uniformity in national trade measurement policy and practice, including through work with Commonwealth, State and Territory agencies; (h) facilitating international trade to the extent that it is affected by measurement; (i) fulfilling Australia's international obligations with respect to measurement; (j) conducting research in support of the functions mentioned in paragraphs (a) to (i). (3) The fact that the Secretary has the functions mentioned in this section does not limit the power of the Commonwealth to charge fees for things done in performing those functions. 18A Chief Metrologist (1) There is to be a Chief Metrologist, who is to be engaged under the Public Service Act 1999. (2) The Chief Metrologist has the functions conferred on him or her under this Act and the regulations. (3) The fact that the Chief Metrologist has the functions conferred on him or her under this Act and the regulations does not limit the power of the Commonwealth to charge fees for things done in performing those functions. 18B Acting Chief Metrologist The Secretary may appoint a person to act as the Chief Metrologist: (a) during a vacancy in the office of Chief Metrologist (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chief Metrologist is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. 18C Delegation by the Secretary (1) The Secretary may delegate all or any of his or her functions or powers under this Act or the regulations to: (a) an SES employee or acting SES employee in the Department; or (b) the Chief Metrologist; or (c) an APS employee within the National Measurement Institute who has the expertise appropriate to the function or power delegated. (2) The delegation must be in writing. (3) In exercising functions or powers under a delegation, the delegate must comply with any directions of the Secretary. 18D Delegation by the Chief Metrologist (1) The Chief Metrologist may delegate all or any of his or her functions or powers under this Act or the regulations to an APS employee within the National Measurement Institute who has the expertise appropriate to the function or power delegated. (2) The delegation must be in writing. (3) In exercising functions or powers under a delegation, the delegate must comply with any directions of the Chief Metrologist. Part IV—Using measuring instruments for trade Division 1—Overview of Part 18G Overview Overview of Part (1) Measuring instruments must be verified, used in a way that gives an accurate measurement, and be accurate. (2) Division 2 creates offences to deal with these matters. (3) Division 3 establishes the system for verifying measuring instruments. Division 2—Requirements for use of measuring instruments for trade 18GA Measuring instruments used for trade to be verified Offence requiring fault element (1) A person commits an offence if: (a) the person uses a measuring instrument for trade; and (b) the measuring instrument is not verified. Penalty: 100 penalty units. Note: Whether a measuring instrument is verified may be affected by a direction given under section 18GR. Strict liability offence (2) A person commits an offence if: (a) the person uses a measuring instrument for trade; and (b) the measuring instrument is not verified. Penalty: 20 penalty units. Note: Whether a measuring instrument is verified may be affected by a direction given under section 18GR. (3) Subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) If: (a) a measuring instrument is on premises, or on a part of premises; and (b) the consideration in respect of a transaction or the amount of a tax is determined on those premises, or that part of those premises; it is presumed for the purposes of this section that the measuring instrument has been used for trade on the premises or that part of the premises unless the contrary is established. (5) If: (a) a measuring instrument is in or on a vehicle; and (b) the consideration in respect of a transaction or the amount of a tax is determined in or on that vehicle; it is presumed for the purposes of this section that the measuring instrument has been used for trade in or on the vehicle unless the contrary is established. 18GB Installing measuring instruments not of an approved pattern Offence requiring fault element (1) A person commits an offence if: (a) the person installs in or on any premises or vehicle a measuring instrument; and (b) the measuring instrument is installed for use for trade; and (c) the measuring instrument is not of an approved pattern. Penalty: 200 penalty units. Strict liability offence (2) A person commits an offence if: (a) the person installs in or on any premises or vehicle a measuring instrument; and (b) the measuring instrument is installed for use for trade; and (c) the measuring instrument is not of an approved pattern. Penalty: 40 penalty units. (3) Subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 18GC Supplying measuring instruments not of an approved pattern Offence requiring fault element (1) A person commits an offence if: (a) the person sells or otherwise supplies a measuring instrument; and (b) the measuring instrument is sold or otherwise supplied for use for trade; and (c) the measuring instrument is not of an approved pattern. Penalty: 200 penalty units. Strict liability offence (2) A person commits an offence if: (a) the person sells or otherwise supplies a measuring instrument; and (b) the measuring instrument is sold or otherwise supplied for use for trade; and (c) the measuring instrument is not of an approved pattern. Penalty: 40 penalty units. (3) Subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 18GCA Letting for hire or loaning unverified measuring instruments Offence requiring fault element (1) A person commits an offence if: (a) the person lets for hire, or loans, a measuring instrument; and (b) the measuring instrument is let, or loaned, for use for trade; and (c) the measuring instrument is not verified. Penalty: 200 penalty units. Strict liability offence (2) A person commits an offence if: (a) the person lets for hire, or loans, a measuring instrument; and (b) the measuring instrument is let, or loaned, for use for trade; and (c) the measuring instrument is not verified. Penalty: 40 penalty units. (3) Subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 18GD Inaccurate use of measuring instruments Offence requiring fault element (1) A person commits an offence if the person: (a) uses a measuring instrument for trade; and (b) does so in such a way, or under such circumstances, that the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately. Penalty: 200 penalty units. Strict liability offence (2) A person commits an offence if the person: (a) uses a measuring instrument for trade; and (b) does so in such a way, or under such circumstances, that the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately. Penalty: 40 penalty units. Offence requiring fault element (3) A person commits an offence if: (a) the person does, or fails to do, something in relation to a measuring instrument; and (b) the person's act or omission causes, or is likely to cause, the measuring instrument to give an inaccurate measurement or to give other information (including a statement as to price) inaccurately when used for trade. Penalty: 200 penalty units. Strict liability offence (4) A person commits an offence if: (a) the person does, or fails to do, something in relation to a measuring instrument; and (b) the person's act or omission causes, or is likely to cause, the measuring instrument to give an inaccurate measurement or to give other information (including a statement as to price) inaccurately when used for trade. Penalty: 40 penalty units. (5) Subsections (2) and (4) are offences of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 18GE Using or supplying inaccurate measuring instruments Offence requiring fault element (1) A person commits an offence if: (a) the person uses a measuring instrument for trade; and (b) the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately. Penalty: 200 penalty units. Note: For an exception to this offence, see subsection (10). Strict liability offence (2) A person commits an offence if: (a) the person uses a measuring instrument for trade; and (b) the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately. Penalty: 40 penalty units. Note: For an exception to this offence, see subsection (10). (3) If: (a) a measuring instrument is on premises, or on a part of premises; and (b) the consideration in respect of a transaction or the amount of a tax is determined on those premises, or that part of those premises; it is presumed for the purposes of subsections (1) and (2) that the measuring instrument has been used for trade on the premises or that part of the premises unless the contrary is established. (4) If: (a) a measuring instrument is in or on a vehicle; and (b) the consideration in respect of a transaction or the amount of a tax is determined in or on that vehicle; it is presumed for the purposes of subsections (1) and (2) that the measuring instrument has been used for trade in or on the vehicle unless the contrary is established. Offence requiring fault element (5) A person commits an offence if: (a) the person lets for hire, or loans, a measuring instrument; and (aa) the measuring instrument is let, or loaned, for use for trade; and (b) the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately. Penalty: 200 penalty units. Strict liability offence (6) A person commits an offence if: (a) the person lets for hire, or loans, a measuring instrument; and (aa) the measuring instrument is let, or loaned, for use for trade; and (b) the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately. Penalty: 40 penalty units. (7) Subsections (2) and (6) are offences of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Trade measurement inspector may give notice to remedy (8) A trade measurement inspector may give a person a notice to remedy if: (a) the inspector reasonably believes that the person has contravened subsection (1) or (2) by using a measuring instrument for trade that gives an inaccurate measurement or gives other information inaccurately; and (b) the inspector is satisfied that, despite the contravention: (i) the measuring instrument could be used for trade during the remedy period for the notice without there being any material detriment to an affected person; or (ii) the measuring instrument could be used for trade during the remedy period for the notice without there being any material detriment to an affected person if conditions specified in accordance with subsection (9) are complied with. Notice may specify conditions (9) A trade measurement inspector may specify in the notice to remedy one or more conditions that must be complied with by the person to whom the notice is given during the remedy period for the notice. A condition may only be imposed by the inspector if compliance with the condition would be reasonably likely to ensure that the measuring instrument could be used for trade during the remedy period without there being any material detriment to an affected person. Exception—all reasonable steps taken to remedy contravention etc. (10) Subsections (1) and (2) do not apply to the person in relation to a measuring instrument during the remedy period for the notice if: (a) where the inspector, in accordance with subsection (9), specifies in the notice one or more conditions that must be complied with during the remedy period—those conditions are complied with during the remedy period; and (b) during the remedy period, the person takes all reasonable steps to remedy the matters that gave rise to the contravention. Note: A defendant bears an evidential burden in relation to the matters in subsection (10) (see subsection 13.3(3) of the Criminal Code). (11) For the purposes of this section, an affected person, in relation to a measuring instrument, means a person whose liability to pay consideration in respect of a transaction may be determined using the instrument. However, a person who is actually or apparently in control of the instrument is not an affected perso