Whole Act
132 provisions in continuous reading order
Loading the complete Act…
These regulations are the National Measurement Regulations 1999.
In these regulations, unless the contrary intention appears:
Act means the National Measurement Act 1960.
approval, of a pattern of a measuring instrument, means approval of the pattern under regulation 60.
approval holder means the person in whose name a certificate of approval is in force.
approved pattern, of a measuring instrument, means the pattern approved under regulation 60.
approving authority means:
for patterns of measuring instruments generally—the Chief Metrologist; or
for a particular pattern of a measuring instrument—a body or person appointed under subregulation 76(1) in relation to patterns of measuring instruments of the same kind as the particular pattern of a measuring instrument.
artefact means a physical object that is not a standard of measurement.
Australian certified reference material means a reference material certified under regulation 48.
certificate means:
a certificate of verification; or
a certificate issued under regulation 37 or 48; or
a certificate of approval.
certificate of approval means a certificate issued under regulation 60.
certificate of verification means:
a certificate issued under regulation 13; or
a certificate issued under regulation 34C; or
a batch verification certificate issued under regulation 2.36B of the National Trade Measurement Regulations 2009.
certification means:
for a measuring instrument—certification of the instrument under regulation 37; and
for a reference material—certification of the material under regulation 48.
certified measuring instrument means a measuring instrument certified under regulation 37.
certifying authority means:
for measuring instruments generally—the Chief Metrologist; or
for reference materials generally—the Chief Metrologist; or
for a particular measuring instrument or reference material—a body or person appointed under regulation 73 in relation to measuring instruments or reference materials of the same kind as the particular measuring instrument or reference material.
defence equipment means equipment used, or intended for use, by the Defence Force.
Inspectors’ Class 1 standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulations 27 and 32 for the maximum permissible uncertainty and the maximum permissible variation of an Inspectors’ Class 1 standard.
Inspectors’ Class 2 standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulations 28 and 33 for the maximum permissible uncertainty and the maximum permissible variation of an Inspectors’ Class 2 standard.
Inspectors’ Class 3 standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulations 29 and 34 for the maximum permissible uncertainty and the maximum permissible variation of an Inspectors’ Class 3 standard.
legal measuring instrument means a measuring instrument used, or intended for use, in the determination of a physical quantity:
for:
law enforcement; or
demonstrating compliance, or lack of compliance, with a law of the Commonwealth or of a State or Territory; or
that is, or may be, relevant to a proceeding in which the quantity is an issue.
linear interpolation, for a denomination, means a calculation of an amount that is in a linear sequence between the amounts stated for the denominations that are immediately smaller and larger than the denomination.
maximum permissible error, for a material measure or measuring instrument, means the maximum limit of error that:
if a certificate is issued on or after 1 July 2007 for the material measure or measuring instrument—is mentioned in the certificate; or
otherwise—is mentioned in Schedule 1 of the National Trade Measurement Regulations 2009 or Schedule 12 to these Regulations, for a material measure or measuring instrument of that kind.
Paragraph (b) extends to certificates of approval that refer to Document 118, Schedule of Maximum Permissible Errors for Trade Measuring Instruments, published by the former National Standards Commission in 1986, as the source of maximum permissible errors.
maximum permissible uncertainty, for a standard of measurement, means the maximum uncertainty permitted in the verification of the standard under these Regulations.
maximum permissible variation, for a standard of measurement, means the maximum amount by which the standard may differ from the denomination indicated by the standard in these Regulations.
point of sale system means a component of a measuring instrument that is:
approved for use for trade; and
used for creating labels, receipts or documents; and
able to convert the result of a measurement made by the measuring instrument; and
not able to control the measuring instrument or to affect its metrological performance.
recertification, for a measuring instrument or reference material, means certification of the instrument or material after the initial certification of the instrument or material.
reverification, for a standard of measurement or a measuring instrument, means verification of the standard or instrument after the initial verification of the standard or instrument.
SI, for a unit of measurement, means the system of measurement known as the International System of Units.
SI definition of a unit of measurement means the definition of the unit in Appendix 3 to Resolution 1 adopted by the General Conference on Weights and Measures at its 26th meeting, held at Versailles from 13 to 16 November 2018.
The Appendix could in 2019 be viewed on the International Bureau of Weights and Measures website (https://www.bipm.org/).
State secondary standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulation 25 for the maximum permissible uncertainty of a State secondary standard.
State tertiary standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulation 26 for the maximum permissible uncertainty of a State tertiary standard.
time, for a standard of measurement, means time that is not derived from the calendar.
variant means a change made to the pattern of an instrument, subject to the arrangement of the components of the instrument and the measuring element being substantially of the same design as that of the approved pattern.
verification means:
for a standard of measurement—verification of the standard under regulation 13; or
for an artefact—verification of a physical quantity of an artefact under regulation 34C.
verifying authority:
for all standards of measurement and artefacts—means the Chief Metrologist; and
for Australian secondary standards of measurement of ionising radiation—includes:
the Chief Executive Officer of the Australian Nuclear Science and Technology Organisation; and
the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency; and
for a particular reference standard of measurement—includes a body or person appointed under regulation 73 in relation to reference standards of measurement of the same kind as the particular reference standard of measurement; and
for a particular artefact—includes a body or person appointed under regulation 73 in relation to an artefact of the same kind as the particular artefact.
In these regulations:
a reference to an appointment as a certifying, verifying or approving authority, or approval of the pattern of a measuring instrument, includes a reference to the appointment or approval as varied; and
a reference to variation or cancellation of the appointment or approval includes a reference to variation or cancellation of the instrument of appointment or certificate of approval; and
a reference to variation of the appointment or approval includes a reference to a variation of a condition of the appointment or approval by addition, omission or substitution.
In these regulations, a reference to a certificate issued by a certifying, verifying or approving authority is a reference to a certificate of that kind that is signed:
if the authority is a body corporate—by an officer or employee of the body authorised in writing by the body to sign and issue certificates of the same kind as the certificate; or
if the authority is not a body corporate:
by the authority; or
by a person authorised in writing by the authority in accordance with a permission given under regulation 71.
The Australian legal unit of measurement for a physical quantity mentioned in an item in Schedule 1 is the unit of measurement the name, symbol and definition of which are mentioned in the item.
The Chief Metrologist may issue written guidelines governing the way in which Australian legal units of measurement may be combined to produce an Australian legal unit of measurement—see Act, paragraph 7B(1)(a).
Each unit of measurement for a physical quantity mentioned in column 2 in an item in Part 1 of Schedule 2, the name, symbol and definition of which are mentioned in the item, is an additional legal unit of measurement.
An additional legal unit of measurement may be used:
for a purpose mentioned in Part 2 of Schedule 2; and
if paragraph (a) applies—in an agreement, arrangement or other instrument.
A prefix the name and symbol of which are set out in an item in Schedule 3 is prescribed as specifying the numerical value in column 2 in the item.
The Chief Metrologist may issue written guidelines governing the way in which Australian legal units of measurement or a combination of Australian legal units of measurement may be combined with these prefixes to produce Australian legal units of measurement—see Act, paragraph 7B(1)(b).
In this Part:
verify includes reverify.
The Chief Metrologist may verify an Australian secondary standard of measurement.
The Chief Executive Officer of the Australian Nuclear Science and Technology Organisation may verify an Australian secondary standard of measurement of ionising radiation.
The Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency may verify an Australian secondary standard of measurement of ionising radiation.
This regulation does not apply to verification of a State primary standard of measurement.
For verification of State primary standards of measurement, see section 9 of the Act.
Verification of a standard of measurement must be conducted in an appropriate way, having regard to the nature of the standard of measurement.
This Division does not apply to:
an Australian primary or secondary standard of measurement; or
a State primary standard of measurement.
For verification of State primary standards of measurement, see section 9 of the Act.
Application may be made for verification of a standard of measurement.
An application must be:
made in the form provided by the Chief Metrologist to verifying authorities for issue to applicants; and
accompanied by the standard of measurement; and
given to a relevant verifying authority.
The verifying authority may, by written notice given to the applicant, require the applicant to lodge with the authority any additional information that the authority needs to consider the application properly.
The verifying authority may refuse to proceed with the application until the applicant complies with the notice.
On application under regulation 12, the verifying authority:
may verify a standard of measurement; and
if the standard is verified—must issue a certificate of verification to the applicant; and
may issue a copy of the certificate to anyone else the authority considers should be given a copy.
The Chief Metrologist may verify a standard of measurement other than on application.
A verifying authority other than the Chief Metrologist:
may, with the written consent of the Chief Metrologist, reverify a standard of measurement otherwise than on application; but
is not otherwise authorised to verify or reverify a standard of measurement otherwise than on application.
Regulation 90AB preserves rights and entitlements accrued in relation to verifications and reverifications conducted before the commencement of paragraph (2A)(a).
If the standard of measurement is verified under the supervision of a verifying authority, the authority may verify the standard.
The verifying authority must not verify a standard of measurement mentioned in paragraph (a) of the definition of standard of measurement in subsection 3(1) of the Act unless the standard bears a mark that identifies the standard.