The trade measurement requirements for measuring instruments are the same in all States and Territories in Australia, as contained within the Trade Measurement Act 1989.

These requirements control:

• the use of measuring instruments for trade
• the verification, reverification and certification of measuring instruments
• transactions by measurement
• pre-packed articles
• the licensing of service organisations and public weighbridges.

Responsibilities of instrument owners

The law places the responsibility on traders to ensure that their instruments comply with the requirements of the National Measurement Institute (NMI).

The NMI was previously known as the National Standards Commission (NSC).

All instruments must be marked with an NMI number and stamped with a statement that they have been tested and are fit for use. The instruments must be accurate within the prescribed tolerances.

Which instruments are covered?

Instruments are considered to be ‘in use for trade’ if they are being used or available for the following purposes:

• determining the cost of a transaction, or
• determining the amount payable as tax, rate, toll, duty, charge or other impost.

This covers a very large range of instruments used in business activities.

Instruments used for checking freight are considered to be ‘in use for trade’.

Instruments used solely for mixing ingredients are considered not ‘in use for trade’.

Licensed service organisations

The law provides for a system of licensing service organisations to certify measuring instruments following repair. This enables certified instruments to be legally used for trade purposes.

Personnel employed by licensed service organisations are NOT Trade Measurement Inspectors and do not have any authority to enter and inspect premises or seize instruments.

Certified instruments are liable to be monitored by Trade Measurement Inspectors.

Some licensees can also provide test reports to satisfy quality assurance requirements.

Trade Measurement Inspectors

Trade Measurement Inspectors safeguard the measurement standards in NSW by:

• calibrating measurement standards of mass and volume
• conducting inspections to verify the accuracy of instruments and their compliance with legislation
• monitoring the activities of licensed service organisations
• providing a verification and reverification service
• providing information and advice to industry
• investigating complaints
• checking prepacked goods.

All instruments that are in use for trade are required, by legislation, to be certified by a Licensed Service Organisation or verified by a Trade Measurement Inspector.

Reverification periods

All weighing and measuring instruments used in trade need to be regularly tested to ensure that they are accurate.

In NSW the law sets out how often instruments must be tested and restamped. When an instrument is retested and stamped by a Trade Measurement Inspector, it is called reverification.

The requirements are listed below:

12 months

• registered public weighbridges
• automatic weighing instruments
• automatic catchweighing instruments
• weighing in motion weighing instrument
• liquefied gas flowmeters.

24 months

• for all remaining types of measuring or weighing instruments.

IMPORTANT – Considerable penalties can be levied under the legislation for non-compliance with the requirements.

Need more information?

If you need more information about your responsibilities concerning measuring or weighing instruments you can contact the following:

Office of Fair Trading’s Measurement and Technical Services
Tel. 8467 4400

Fair Trading Centres
Tel. 13 32 20