The information in these pages relates to the NSW (uniform) packaging legislation. It is general information only and should not be used as a definitive guide to all of the requirements of this legislation.

The requirements of the legislation apply to all:

• goods packed for sale within Australia, at the place of packing and of sale, including packaged bread (following an amendment to the legislation which commenced on 1 July 1994)
• goods fully imported for sale within Australia.

It also may apply to articles packed solely for export. Should there be conflict between Australian and export requirements, approach your local Trade Measurement Authority.

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'Article' includes substance;

'Characters' includes letters, figures and symbols;

'Main Display Part' in relation to a package, means:

• if the name or brand appears on the package once only the part of the package on which it appears; or
• if the name or brand appears on more than one part of the package with equal prominence in each case - any one of those parts; or
• if the name or brand appears on more than one part of the package but not always with equal prominence - the part of the package on which it is more prominent or any part of the package on which it is most prominent; or
• if the name or brand of the article in the package does not appear on the package - that part of the package which will be most prominent when the package is exposed for sale in the manner in which it is likely to be exposed for sale;

'Measurement' means the determination of a physical quantity, including determination by number but not including determination of a physical quantity for descriptive purposes only.

'Package'  includes:

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

'Pre-packed Article' means an article that is packed in advance ready for sale.

‘Sell’ includes:

(a) agree to sell;

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

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

(d) barter or exchange; and

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

'Seller' includes a person who sells as agent for another person.

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Traders who use or supply:

• paper bags
• plastic bags or tubs
• interleaving sheets
• cling wrap etc.

must not include the material in the calculated price of the goods paid by the customer. The inclusion of the material can result in an incorect total price, which is an offence under the Trade Measurement legislation.

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This information is to assist traders who use or supply such material for means to contain a bulk sale at a price determined by measurement:

• Where the material used does not cause the weighing instrument to change its indication from zero - NO ACTION WILL BE TAKEN
• Where the material used does cause the weighing instrument to change its zero indication, the weight of the material must be accounted for (eg. taring) in the price calculation.

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