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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-09-23 Daily Xml
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STATUTES AMENDMENT AND REPEAL (TRADE MEASUREMENT) BILL

Introduction and First Reading

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (00:20): Obtained leave and introduced a bill for an act to amend the Natural Resources Management Act 2004 and to repeal the Trade Measurement Act 1993 and the Trade Measurement Administration Act 1993. Read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (00:22): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Council of Australian Governments (COAG) reviewed the state and territory trade measurement systems and decided that a national system should be introduced. This Bill gives effect to that policy decision.

Background

The Commonwealth has constitutional power for 'weights and measures' under section 51(xv) of the Constitution. The National Measurement Act 1960 established a national system of units and standards of measurement and provided for the uniform use of those units and standards throughout Australia.

Since Federation the Commonwealth has delegated its constitutional authority for the administration of weights and measures law in respect to transactions in trade and commerce to the states and territories. Until 1990 the states and territories were autonomous in the administration of trade measurement within their jurisdictions.

The Commonwealth through the National Measurement Act 1960 set the requirements for the standards used in measurement throughout Australia. The enforcement of the use of those standards on business has been separately regulated by the states and territories under the trade measurement legislation.

The trade measurement legislation of the states and territories provides the legal framework for regulating the accuracy of measuring instruments used for trade. The legislation requires that all goods sold by measurement (weight, length, volume, area or count) are accurately measured, labelled and the correct price calculated. This includes petrol pumps, shop scales, weighbridges, pre-packed articles and machines for measuring length.

In 1985 the Scott review of the trade measurement system recommended a national system but the result was the development of uniform model legislation that was not fully adopted in all jurisdictions. In 2006 Western Australia was the last jurisdiction to implement uniform trade measurement legislation. The relevant South Australian legislation which is based on the uniform model is the Trade Measurement Act 1993 and the Trade Measurement Administration Act 1993.

Under the current system, changes to legislation have been introduced at different times in the different jurisdictions which has led to inconsistencies and differences in trade measurement practices across the country.

COAG

In February 2006, COAG identified trade measurement as requiring reform and asked the Ministerial Council on Consumer Affairs (MCCA) to develop a recommendation and timeline for the introduction of a national trade measurement system.

MCCA reviewed the current national arrangements and recommended the development of a trade measurement system that would be administered by the Commonwealth.

On 13 April 2007, COAG formally agreed that the Commonwealth would assume full responsibility for the administration, enforcement and funding of a national trade measurement system. A referral of powers is not necessary due to the Commonwealth's power under section 51(xv) of the Constitution.

COAG agreed to a three year transition period, setting 1 July 2010 as the commencement date for full administration of trade measurement by the Commonwealth.

New Commonwealth legislation

The National Measurement Amendment Act 2008 came into operation on 1 July 2009 and provides the legislative basis for the Commonwealth to establish and operate a single national trade measurement system based on the uniform legislation.

The Commonwealth has appointed the National Measurement Institute (the NMI) which is part of the Department of Innovation, Industry, Science and Research to coordinate Australia's national measurement system. The NMI will commence administration of the new national trade measurement system on 1 July 2010.

It was agreed by COAG that the Commonwealth, State and Territory officials will work together to develop detailed transitional arrangements. Progress in implementing the proposed national trade measurement system is being monitored closely by the Business Regulation and Competition Working Group.

South Australia

This Bill has been drafted to give effect to the COAG decision and to enable the NMI to begin providing national trade measurement services on 1 July 2010.

The major provisions of the Bill include:

the repeal of the Trade Measurement Act 1993;

the repeal of the Trade Measurement Administration Act 1993; and

transitional provisions to provide that trade measurement documents and information relating to the administration or enforcement of those Acts may be provided to the Commonwealth for the purpose of the administration and enforcement of the National Measurement Act 1960.

The Bill makes a minor consequential amendment to the Natural Resources Management Act 2004.

I commend the Bill to the Honourable Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal. The commencement date for the main amendments is 1 July 2010. This date has been fixed for the scheme by the amendments to the Commonwealth National Measurement Act 1960. The provision allowing information to be provided to the Commonwealth is brought into operation on assent to allow for preparatory action for the handover.

Part 2—Amendment of Natural Resources Management Act 2004

4—Amendment of section 106—Determination of quantity of water taken

Section 106(2) provides that if the Minister uses meter readings or uses any other measuring instrument to determine the quantity of water taken under the Act, the Minister will be taken not to be using a measuring instrument for trade for the purposes of the Trade Measurement Act 1993. This State exemption cannot operate under the Commonwealth Act and so the subsection is deleted.

Part 3—Repeal of Acts

5—Repeal of Trade Measurement Act 1993

6—Repeal of Trade Measurement Administration Act 1993

These clauses effect the repeal of the State Acts.

Schedule 1—Transitional provisions

1—Transfer and disclosure of information etc

This clause expressly authorises the State agency to hand over relevant information and material to the Commonwealth agency.

2—References to repealed Acts

This clause provides for references to the State Acts in contracts and other documents to be read as references to the Commonwealth Act unless the contrary intention appears or the context requires a different interpretation.

Debate adjourned on motion of Hon. J.S.L. Dawkins.

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