Trade Measurement (Weighbridges) Regulation 1991

Queensland Trade Measurement Act 1990 Trade Measurement (Weighbridges) Regulation 1991 Reprinted as in force on 1 February 2007 Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 Act No. 50 s 6

Information about this reprint This regulation is reprinted as at 1 February 2007. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • use standard punctuation consistent with current drafting practice (s 27) • use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Trade Measurement (Weighbridges) Regulation 1991 Contents Part 1 1 3 4 Part 2 5 6 7 8 9 10 11 12 13 14 Part 3 15 16 17 18 19 20 21 22 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Application of other regulations to weighbridges . . . . . . . . . . . . . 4 Requirements for weighbridges used for trade Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Situation of weighbridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Visibility on weighbridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Approaches to weighbridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Platform of weighbridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Pit of weighbridge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Weighbridge without pit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Weighbridge with electronic devices . . . . . . . . . . . . . . . . . . . . . . 7 Multi-platform weighbridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Portable weighbridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Public weighbridges Provision of a weighbridge suitability statement when public weighbridge licence is granted . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Provision of a weighbridge suitability statement in relation to an existing public weighbridge licence . . . . . . . . . . . . . . . . . . . . . . . 8 Suitability for use as a public weighbridge . . . . . . . . . . . . . . . . . . 8 When weighbridge is to be examined for issuing new weighbridge suitability statement . . . . . . . . . . . . . . . . . . . . . . . . . 9 Licence and sign to be displayed at public weighbridge. . . . . . . . 9 General system of measurement tickets . . . . . . . . . . . . . . . . . . . 10 Offences by licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 If weighbridge measurement incorrect . . . . . . . . . . . . . . . . . . . . . 13

2 Trade Measurement (Weighbridges) Regulation 1991 23 24 25 26 27 Part 5 29 30 Part 6 31 32 Part 7 33 34 35 36 37 Schedule 1 2 3 4 5 6 7 8 Request for measurement may be refused in some circumstances .................................. Offences by operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licensee to give notice of change of particulars . . . . . . . . . . . . . When a vehicle weighing is not a use of a weighbridge as a public weighbridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . End-and-end weighing Prohibited for public weighbridges . . . . . . . . . . . . . . . . . . . . . . . . Restrictions in other cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Fraudulent activities of operator . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Trade Measurement (Weighbridges) Amendment Regulation (No. 1) 2006 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificates of suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspension of certificates of suitability . . . . . . . . . . . . . . . . . . . . Display of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public weighbridge operator’s duties . . . . . . . . . . . . . . . . . . . Completion and issue of measurement tickets. . . . . . . . . . . . . . . Correction of mistakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on additional information on measurement ticket . . . . Measurement of vehicle in 2 weighings—unloaded then loaded . Measurement of vehicle in 2 weighings—loaded then unloaded . Issue of measurement ticket for axle load measurement . . . . . . . Issue of copies of measurement tickets . . . . . . . . . . . . . . . . . . . . Inspector may require measurement to be made. . . . . . . . . . . . . 13 13 15 15 16 16 17 18 18 18 19 19 20 20 21 21 22 22 22 23 24 25 26 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 27 28 28 28

s1 3 s3 Trade Measurement (Weighbridges) Regulation 1991 Trade Measurement (Weighbridges) Regulation 1991 [as amended by all amendments that commenced on or before 1 February 2007] Part 1 Preliminary 1 Short title This regulation may be cited as the Trade Measurement (Weighbridges) Regulation 1991 . 3 Definitions In this regulation— approved means approved by the administering authority. approved form means a form approved by the chief executive under section 32. copy measurement ticket means a copy measurement ticket mentioned in section 20(3)(b) or 20(4)(b) 1 or the schedule, section 7(2). 2 end-and-end measurement means the determination of a measurement relating to a vehicle (whether loaded or not) by adding together separate measurements of the mass supported singly or in combination by the different axles of the vehicle, those separate measurements having been determined by separate operations of a weighbridge. licence means a public weighbridge licence; measurement ticket , for a measurement made at a weighbridge, means a measurement ticket issued for the 1 Section 20 (General system of measurement tickets) 2 Schedule (Public weighbridge operator’s duties), section 7 (Issue of copies of measurement tickets)

s4 4 s5 Trade Measurement (Weighbridges) Regulation 1991 measurement and includes a copy measurement ticket and an original measurement ticket. operator means the person who personally determines a measurement by use of a weighbridge. original measurement ticket means an original measurement ticket mentioned in section 20(3)(a) or 20(4)(c)(ii) or the schedule, section 7(6). preservation period means— (a) for measurement tickets issued from a book or pad of tickets—the period for which the tickets are required to be kept under section 20(3)(d); or (b) for measurement tickets that are generated electronically—the period for which the tickets are required to be kept under section 20(4)(c). public weighing means the use of a weighbridge by or on behalf of the public or for which a charge is made. registered number , of a weighbridge, means the number included in the register of licences kept by the administering authority as the registered number of the weighbridge. 4 Application of other regulations to weighbridges This regulation is in addition to, and does not limit, any other regulations under the Act relating to measuring instruments generally. Part 2 Requirements for weighbridges used for trade 5 Application of part This part applies to weighbridges used for trade (including public weighbridges).

s6 5 s8 Trade Measurement (Weighbridges) Regulation 1991 6 Situation of weighbridge A weighbridge must be so situated that— (a) there is sufficient room for a vehicle using the weighbridge to move on and off without turning on the platforms; and (b) its headwork is protected from wind and rain by an office or other adequate means; and (c) water or debris from the surrounding area does not accumulate on the platforms or in the pit. 7 Visibility on weighbridge A weighbridge must— (a) provide the operator with a clear view of the platforms; and (b) have the indicator that is used by the operator located not more than 6 metres from the edge of the platforms or in some other approved position; and (c) in the case of a road weighbridge, have an indicator in such a position that the mass displayed on it may easily be read by the driver of a vehicle using the weighbridge. 8 Approaches to weighbridge A weighbridge must have approaches that— (a) are in the same plane as the platforms for a minimum distance of— (i) 3 metres if the length of the platforms is less than 18 metres; or (ii) 1 metre if the length of the platforms is 18 metres or more; and (b) have a hard, true and durable surface of concrete or other approved material; and (c) are arranged so that drainage from the surface does not flow into the pit.

s 9 6 s 11 Trade Measurement (Weighbridges) Regulation 1991 9 Platform of weighbridge (1) The platforms of a weighbridge must be of concrete or steel, or both, or be of other approved materials. (2) Unless exempted under subsection (3), a weighbridge must be provided with guard rails or other suitable means to prevent vehicles from moving onto or off the platform otherwise than from end to end. (3) The administering authority may exempt a weighbridge from compliance with subsection (2). 10 Pit of weighbridge If a weighbridge has a pit— (a) the entrance to the pit must be covered and be at least 1 metre deep and 900mm wide; and (b) the neck of the pit must be at least 900mm wide; and (c) there must be a clearance of at least 150mm on each side of a lever in the neck of the pit; and (d) there must be free access to every part of the underwork and— (i) if free access is available from above to every part of the underwork, there must be a clearance of at least 150mm below all parts of the underwork; or (ii) in any other case there must be a clearance of at least 400mm below the lowest lever; and (e) the pit must be free-draining or be provided with automatic mechanical drainage and be kept free from any accumulation of water, mud and debris. 11 Weighbridge without pit If a weighbridge does not have a pit— (a) there must be a clearance of at least 150mm under the lowest live part of the platforms; and (b) the floor between load cell supports must be of concrete at least 75mm thick and must be effectively drained and

s 12 7 s 14 Trade Measurement (Weighbridges) Regulation 1991 kept free from any accumulation of water, mud and debris; and (c) there must be in the same plane as, or lower than, the floor a clear space of at least 1 metre from the external edges of the frame; and (d) the load cell footings must be individually and mutually stable. 12 Weighbridge with electronic devices If a weighbridge is equipped with electronic devices— (a) they must be protected from electrical interference and the rays of the sun; and (b) the data plate of the load cells must have such access as is necessary to enable it to be read with ease. 13 Multi-platform weighbridge In a multi-platform weighbridge— (a) any dead space between platforms must not exceed 2 metres; and (b) the platforms must not interfere with each other so as to affect their operation; and (c) a visual summing indicator must be provided. 14 Portable weighbridge If a weighbridge is portable— (a) there must be a clearance of at least 150mm under the lowest live part of the platforms; and (b) it must have a base that is stable when the weighbridge is in use; and (c) the headwork and exposed levers must have adequate protection; and (d) the ground under the platform must be treated to prevent the growth of foliage and must be kept free from any accumulation of water, mud and debris.

s 15 8 s 17 Trade Measurement (Weighbridges) Regulation 1991 Part 3 Public weighbridges 15 Provision of a weighbridge suitability statement when public weighbridge licence is granted (1) This section applies when an application is made for the grant of a public weighbridge licence for a weighbridge. (2) The administering authority must advise the licensing authority whether the weighbridge is suitable for use as a public weighbridge. (3) If the administering authority advises the licensing authority that the weighbridge is suitable for use as a public weighbridge and the licensing authority decides to grant the licence, the licensing authority must ensure the licence has a weighbridge suitability statement written on it. 16 Provision of a weighbridge suitability statement in relation to an existing public weighbridge licence (1) This section applies to the provision of a weighbridge suitability statement for a weighbridge other than when the public weighbridge licence for the weighbridge is granted. (2) On payment of the fee for the new weighbridge suitability statement, the administering authority may provide the statement by issuing a copy of the licence with the statement written on it. (3) However, the administering authority must not provide the new weighbridge suitability statement unless an inspector examines the weighbridge for the administering authority and is satisfied the weighbridge is suitable for use as a public weighbridge. 17 Suitability for use as a public weighbridge To decide whether a weighbridge is suitable for use as a public weighbridge, an inspector must examine the weighbridge for the administering authority and be satisfied of the following—

s 18 9 s 19 Trade Measurement (Weighbridges) Regulation 1991 (a) there is enough room for a vehicle using the weighbridge to move onto and off the weighbridge without reversing; (b) the type of weighbridge and the size of its platforms are suitable for the purpose; (c) the weighbridge complies with this regulation. 18 When weighbridge is to be examined for issuing new weighbridge suitability statement The administering authority must, as far as practicable, cause an inspector to examine a public weighbridge not earlier than 1 month before the end of the period for which the weighbridge suitability statement for the public weighbridge licence is in force. Note — For when a weighbridge suitability statement is in force, see the Act, section 50(1)(aa). 3 19 Licence and sign to be displayed at public weighbridge (1) A licensee for a public weighbridge must display at the weighbridge— (a) the licence for the weighbridge with a current weighbridge suitability statement written on it; and (b) a sign that clearly indicates, in words and figures at least 100mm high and on a background of contrasting colour— (i) the weighbridge is a public weighbridge; and (ii) the registered number for the weighbridge. (2) The licensee must ensure— (a) the licence and the sign— (i) are prominently displayed at the weighbridge; and 3 The Act, section 50 (Conditions on all public weighbridge licences)

s 20 10 s 20 Trade Measurement (Weighbridges) Regulation 1991 (ii) can be easily seen by anyone using the weighbridge; and (b) the licence is properly protected from the effects of weather. Note — A failure by a licensee to comply with a provision of the regulation is a ground for disciplinary action against the licensee under section 56(1)(a) of the Act. (3) In this section— licence includes a copy of the licence. 20 General system of measurement tickets (1) A licensee for a public weighbridge must ensure measurement tickets in the approved form are able to be issued at the weighbridge for each measurement made using the weighbridge. (2) The measurement tickets must be— (a) issued from a bound book of tickets or from a block of tickets held together at one edge to form a pad; or (b) generated electronically. (3) If the measurement tickets are issued from a book or pad, the licensee must ensure— (a) there are clearly identifiable original measurement tickets that are numbered consecutively and retained by the licensee; and (b) there are clearly identifiable copy measurement tickets that are issued to persons for whom measurements are made; and (c) that, immediately after the last issue of a copy measurement ticket from a pad of measurement tickets, all original measurement tickets and all unissued copy measurement tickets are securely bound together; and (d) that a book or pad from which measurement tickets are issued is kept from when a measurement ticket is first issued from the book or pad until at least 1 year after a measurement ticket is last issued from the book or pad.

s 21 11 s 21 Trade Measurement (Weighbridges) Regulation 1991 (4) If the measurement tickets are generated electronically, the licensee must ensure— (a) that particulars of measurement tickets, numbered consecutively, are created electronically; and (b) printed versions of the measurement tickets, clearly identified as copy measurement tickets, are issued to persons for whom measurements are made in accordance with their numerical order; and (c) that at least 1 of the following is kept for at least 1 year after a measurement is made and a copy measurement ticket is issued— (i) the electronic record of the particulars included in the ticket; (ii) a printed version of the original measurement ticket, clearly identified as an original measurement ticket. (5) Subsection (4)(a) does not apply to a copy of a measurement ticket issued under section 7 of the schedule. ( 6) A book or pad of measurement tickets may contain more than 1 copy measurement ticket for each original measurement ticket. 21 Offences by licensees (1) A licensee for a public weighbridge must ensure— (a) the weighbridge is kept accurately at zero when there is no load on the platform; and (b) the weighbridge platform is kept clean; and (c) the space between the weighbridge frame and the weighbridge platform is always kept free from obstructions; and (d) for a measurement made using the weighbridge for a person— (i) appropriate care is taken to decide the measurement; and

s 21 12 s 21 Trade Measurement (Weighbridges) Regulation 1991 (ii) an original measurement ticket and the copy measurement ticket, both in the approved form, are completed in numerical order and with appropriate care as soon as practicable; and (iii) the person is issued with the copy measurement ticket for the measurement immediately after the original measurement ticket is completed. Maximum penalty—$2000. (2) If during the preservation period for a measurement ticket a relevant person requires the licensee to produce the measurement ticket, a licensee must ensure the following document is produced to the relevant person within a reasonable time— (a) for a measurement ticket issued from a book or pad of tickets—the original measurement ticket; (b) for a measurement ticket generated electronically—a printed version of the original measurement ticket. Maximum penalty—$2000. (3) During the preservation period, a licensee for a public weighbridge must not— (a) if measurement tickets are issued from a book or pad of tickets—remove from a book or pad, or alter, or allow someone else to remove from a book or pad, or to alter, any original measurement ticket or any unissued copy measurement ticket; or (b) if measurement tickets are generated electronically— (i) delete or alter, or allow someone else to delete or alter, any electronic record of particulars included in a measurement ticket required to be kept under section 20(4)(c)(i); or (ii) dispose of or alter, or allow someone else to dispose of or alter, any printed version of an original measurement ticket required to be kept under section 20(4)(c)(ii). Maximum penalty—$2000. (4) In this section—

s 22 13 s 24 Trade Measurement (Weighbridges) Regulation 1991 relevant person , in relation to the production of a measurement ticket, means— (a) an inspector; or (b) a person with a genuine interest in examining the measurement ticket. Example for paragraph (b) — a person whose goods were on a truck being driven by someone else when the weighing happened 22 If weighbridge measurement incorrect (1) If the licensee for a public weighbridge knows, or has reason to believe, a measurement made using the weighbridge would be incorrect, the licensee must immediately withdraw the weighbridge from use. (2) Also, the licensee must immediately notify the administering authority the weighbridge has been withdrawn from use and the reason for the withdrawal. 23 Request for measurement may be refused in some circumstances A licensee for a public weighbridge must ensure a request for a measurement to be made using the weighbridge during normal trading hours is not refused unless— (a) the weighbridge does not have the capability to make the measurement; or (b) the person asking for the measurement to be made is asked to pay the licensee’s fee in advance and the payment is not made; or (c) the licensee knows, or has reason to believe, a measurement made using the weighbridge would be incorrect. 24 Offences by operator (1) An operator of a public weighbridge must not use the weighbridge for public weighing in a way that contravenes the

s 24 14 s 24 Trade Measurement (Weighbridges) Regulation 1991 schedule or do, or omit to do, something else that contravenes the schedule. Maximum penalty—$2000. (2) An operator of a public weighbridge must not use the weighbridge for public weighing if the operator knows, or has reason to believe, a measurement made using the weighbridge would be incorrect. Maximum penalty—$2000. (3) An operator of a public weighbridge, for a measurement made using the weighbridge for a person, must not issue to the person— (a) the original measurement ticket for the measurement; or (b) a copy measurement ticket that is not a correct copy of the original measurement ticket for the measurement. Maximum penalty—$2000. (4) During the preservation period, an operator of a public weighbridge, for a measurement made by the weighbridge for a person, must not— (a) if the measurement ticket was issued from a book or pad of tickets—remove from the book or pad, or alter, or allow someone else to remove from the book or pad, or to alter, the original measurement ticket or any unissued copy measurement ticket; or (b) if the measurement ticket was generated electronically— (i) delete or alter, or allow someone else to delete or alter, any electronic record of particulars included in the measurement ticket required to be kept under section 20(4)(c)(i); or (ii) dispose of or alter, or allow someone else to dispose of or alter, any printed version of the original measurement ticket that is required to be kept under section 20(4)(c)(ii). Maximum penalty—$2000.

s 25 15 s 26 Trade Measurement (Weighbridges) Regulation 1991 25 Licensee to give notice of change of particulars (1) A licensee for a public weighbridge must give to the licensing authority written notice of the following— (a) a change in the address for service of notices on the licensee; (b) for each person employed as an operator of the weighbridge— (i) the full name and residential address of the person; and (ii) if the person stops being employed to operate the weighbridge—the last day the person was employed to operate the weighbridge. (2) The licensee must give the notice within 14 days after the relevant event happens. Maximum penalty—$1500. 26 When a vehicle weighing is not a use of a weighbridge as a public weighbridge (1) The use of a weighbridge to measure the tare mass of a vehicle to enable it to be registered for use on a public road is not considered to be use as a public weighbridge for section 43 4 of the Act. (2) Subsection (1) applies only if the operator of the weighbridge issues a written statement of the tare mass measured clearly indicating the tare mass was measured for registration purposes only. (3) Section 24 5 does not apply to the operator of the weighbridge when using the weighbridge for the purpose mentioned in subsection (1). 4 Section 43 (Requirement for public weighbridge licence) of the Act 5 Section 24 (Offences by operator)

s 27 16 s 29 Trade Measurement (Weighbridges) Regulation 1991 27 Register of licences (1) For section 47 6 of the Act, the prescribed particulars relating to a public weighbridge licence are as follows— (a) the licence number and when the licence was issued; (b) the licensee’s name; (c) the address at which notices may be served personally on the licensee; (d) particulars of any conditions imposed on the licence under section 48 7 of the Act; (e) for the weighbridge to which the licence relates— (i) particulars of the weighbridge’s location; and (ii) the registered number given to the weighbridge by the administering authority; (f) when the most recent weighbridge suitability statement for the licence was provided. (2) The register is open to inspection during normal business hours by any person on payment of the fee, if any, prescribed under the Administration Act. Part 5 End-and-end weighing 29 Prohibited for public weighbridges If a public weighbridge is used for public weighing to determine an end-and-end measurement, the licensee and operator of the public weighbridge each commit an offence. Penalty—$2000. 6 Section 47 (Register of licences) of the Act 7 Section 48 (Conditions may be imposed on licences) of the Act

s 30 17 s 30 Trade Measurement (Weighbridges) Regulation 1991 30 Restrictions in other cases (1) A person who uses for trade a weighbridge in order to determine an end-and-end measurement commits an offence unless subsection (2) is complied with. Penalty—$2000. (2) This subsection is complied with if— (a) use of the weighbridge is not use for public weighing; and (b) the wheelbase of the vehicle concerned is— (i) longer than the length of the platform of the weighbridge or, if the weighbridge has 2 or more platforms, the total of the lengths of the platforms; and (ii) shorter than the sum of the length, or total length, found under subparagraph (i) and the length of the shorter, or if their lengths are the same, of either, of the approaches to the platform or platforms; and (c) the approaches have a smooth and level surface which is paved with concrete or other approved material and is in the same horizontal plane as the top of the platform or platforms; and (d) the perimeter of the approaches is clearly indicated by painted marks or by other approved means; and (e) at all times during the measuring— (i) the wheels on one or more of the axles are located on the platform or platforms and the wheels on the other axles are located within the indicated perimeter of the approaches; and (ii) the brakes, gears and any other means capable of restricting the free movement of the vehicle are disengaged.

s 31 18 s 33 Trade Measurement (Weighbridges) Regulation 1991 Part 6 Miscellaneous 31 Fraudulent activities of operator A licensee or operator of a weighbridge commits an offence if he or she— (a) knowingly permits, assists in, or connives at, a fraud in connection with the measurement of anything by using the weighbridge or the issue of a measurement ticket; or (b) makes, or connives at the making of, a representation known by the licensee or operator to be false with respect to the measurement of anything by means of the weighbridge; or (c) knowing of any fraudulent proceeding in connection with the measurement of anything by means of the weighbridge, fails to impart that knowledge to an inspector as soon as practicable. Penalty—$2000. 32 Approval of forms The chief executive may approve forms for use under this regulation. Part 7 Transitional provisions for Trade Measurement (Weighbridges) Amendment Regulation (No. 1) 2006 33 Definitions for pt 7 In this part— amended regulation means this regulation as amended by the amending regulation.

s 34 19 s 35 Trade Measurement (Weighbridges) Regulation 1991 amending Act means the Consumer Credit and Trade Measurement Amendment Act 2006 . amending regulation means the Trade Measurement (Weighbridges) Amendment Regulation (No. 1) 2006 . commencement means the commencement of the amending regulation. pre-amended regulation means this regulation as in force immediately before its amendment by the amending regulation. 34 Certificates of suitability (1) This section applies to an application for a certificate of suitability for a particular weighbridge made under the pre-amended regulation but not decided before the commencement. (2) If the fee payable under the Administration Act was paid for the application, section 16 8 of the amended regulation applies as if the fee had been paid for the purposes of the section. 35 Suspension of certificates of suitability Despite the repeal of section 18 9 of the pre-amended regulation, a suspension of a certificate of suitability for a public weighbridge that is in force immediately before the commencement continues to have effect after the commencement as a suspension of a weighbridge suitability statement for the weighbridge’s public weighbridge licence until the first of the following happens— (a) the suspension is withdrawn or ends; (b) the public weighbridge licence to which the certificate of suitability relates is cancelled or surrendered. 8 Section 16 (Provision of a weighbridge suitability statement in relation to an existing public weighbridge licence) of the amended regulation 9 Section 18 (Suspension or cancellation of certificate of suitability) of the pre-amended regulation

s 36 20 s 37 Trade Measurement (Weighbridges) Regulation 1991 36 Display of licence (1) This section applies if, because of section 83(2) 10 of the Act, a particular public weighbridge is taken to be licensed under a separate public weighbridge licence. (2) Until the administering authority issues to the licensee a copy of a licence for the public weighbridge with a weighbridge suitability statement written on it, it is sufficient compliance with section 19(1)(a) 11 of the amended regulation for the licensee to display under the section the certificate of suitability issued for the weighbridge under the pre-amended regulation and in force immediately before the commencement of the amending Act. 37 Prescribed forms (1) This section applies despite the repeal by the amending regulation of schedules 2 and 3 of the pre-amended regulation. (2) For 1 year after the commencement of this section, it is sufficient compliance with a provision requiring the use of an approved form for a licensee or operator to use instead a form (a prescribed form ) complying with schedule 2 or 3 of the pre-amended regulation. (3) If the licensee or operator uses a prescribed form, the licensee or operator must complete the form in the way required by the pre-amended regulation. 10 Section 83 (Existing licensed public weighbridges) of the Act 11 Section 19 (Licence and sign to be displayed at public weighbridge) of the amended regulation

21 Trade Measurement (Weighbridges) Regulation 1991 Schedule Public weighbridge operator’s duties section 24 1 Completion and issue of measurement tickets (1) The operator must not complete a measurement ticket other than for complying with this regulation. (2) When a measurement is made for a person, the operator must as soon as practicable complete an original measurement ticket in the approved form and then immediately issue a copy measurement ticket in the approved form to the person. (3) Without limiting the particulars to be included in a measurement ticket, when completing the ticket the operator must— (a) if the measurement is only a measurement of the tare mass of a vehicle—indicate clearly on the measurement ticket that the measurement is of the tare mass of the vehicle; or (b) if the measurement is only a measurement of the gross mass of a vehicle, animal or any other thing—indicate clearly on the measurement ticket that the measurement is of the gross mass of the vehicle, animal or thing; or (c) if the measurement is a measurement made for 2 or more linked but separately registered vehicles—include on the measurement ticket the registration letters and figures for all vehicles; or (d) if the measurement is a measurement of a load on a vehicle—include on the measurement ticket the measurement of the load supported by all the axles of the vehicle. (4) Subsection (2) is subject to sections 4 and 5.

22 Trade Measurement (Weighbridges) Regulation 1991 Schedule (continued) 2 Correction of mistakes If the operator makes a mistake in completing a measurement ticket that is in a book or pad of tickets and the operator becomes aware of the mistake before issuing the copy measurement ticket, the operator— (a) must immediately cancel the original measurement ticket and any copy of it; and (b) must not remove the original measurement ticket or any copy of it from the book or pad. 3 Restriction on additional information on measurement ticket (1) The operator must not, without reasonable excuse, issue a completed copy measurement ticket that has anything on it that is not required by this regulation or an approved form. (2) Subsection (1) does not prevent— (a) the following being printed on a measurement ticket— (i) the licensee’s business name, address and logo; (ii) if the measurement ticket is also a tax invoice under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), anything else necessary for the ticket to be a tax invoice; or Example — an Australian business number (b) additional information being written in the margin, at the bottom or on the back of the measurement ticket if the information is consistent with, and does not qualify the meaning or accuracy of, the information required to be on the ticket. 4 Measurement of vehicle in 2 weighings—unloaded then loaded (1) This section applies if the driver of an unloaded vehicle advises the operator that the vehicle is to be loaded within 24

23 Trade Measurement (Weighbridges) Regulation 1991 Schedule (continued) hours and requests the operator to measure the tare mass of the vehicle and the gross mass of the vehicle in 2 weighings. (2) The operator must measure the tare mass of the vehicle and partially complete a measurement ticket for the measurement by including the tare mass on the ticket but must not issue the partially completed copy measurement ticket. (3) If the vehicle returns to the weighbridge with its load within 24 hours after the measurement of tare mass is made and the driver requests a measurement of the gross mass of the vehicle, the operator must measure its gross mass, complete the partially completed measurement ticket, and issue the copy measurement ticket. (4) If the vehicle does not return with its load within the 24 hours, the operator must— (a) issue a completed measurement ticket for the tare mass of the vehicle if requested, within 72 hours after the measurement is made, by— (i) the driver; or (ii) someone else who the operator is satisfied is authorised to make the request; or (b) if no request mentioned in paragraph (a) is made within the 72 hours, cancel the partially completed measurement ticket at the end of that period. 5 Measurement of vehicle in 2 weighings—loaded then unloaded (1) This section applies if the driver of a loaded vehicle advises the operator that the vehicle is to be unloaded within 24 hours and requests the operator to measure the gross mass of the vehicle and the tare mass of the vehicle in 2 weighings. (2) The operator must measure the gross mass of the vehicle and partially complete a measurement ticket for the measurement by including the gross mass on the ticket but must not issue the partially completed copy measurement ticket.

24 Trade Measurement (Weighbridges) Regulation 1991 Schedule (continued) (3) If the vehicle returns to the weighbridge unloaded within 24 hours after the measurement of gross mass is made and the driver requests a measurement of the tare mass of the vehicle, the operator must measure its tare mass, complete the partially completed measurement ticket, and issue the copy measurement ticket. (4) If the vehicle does not return unloaded within the 24 hours, the operator must— (a) issue a completed measurement ticket for the gross mass of the vehicle if requested, within 72 hours after the measurement is made, by— (i) the driver; or (ii) someone else who the operator is satisfied is authorised to make the request; or (b) if no request mentioned in paragraph (a) is made within the 72 hours, cancel the partially completed measurement ticket at the end of that period. 6 Issue of measurement ticket for axle load measurement (1) This section applies if a measurement to be made is not an end-and-end measurement but is only for the purpose of issuing a copy measurement ticket showing each load supported by separate axles, or groups of axles, of a vehicle. (2) The operator may make the measurement only if— (a) the approaches to the weighbridge have a smooth and level surface that— (i) is paved with concrete or an approved material; and (ii) is in the same horizontal plane as the top of the platform or platforms; and (b) the perimeter of the approaches is clearly indicated by painted marks or in another approved way; and (c) while the measurement is being made—

25 Trade Measurement (Weighbridges) Regulation 1991 Schedule (continued) (i) the wheels on 1 or more of the axles are always on the platform or platforms and the wheels on the other axles are always within the indicated perimeter of the approaches; and (ii) the brakes, gears, and anything else capable of restricting the free movement of the vehicle are disengaged. 7 Issue of copies of measurement tickets (1) This section applies if— (a) a relevant person requires an operator to give the person a copy of an original measurement ticket for a measurement that has already been made; and (b) the requirement is made during the preservation period or the original measurement ticket is otherwise still available. (2) On payment to the operator of the licensee’s fee for providing the copy, the operator must give the relevant person a copy of the original measurement ticket, clearly marked as a copy measurement ticket. (3) The copy must include the same particulars as the original measurement ticket of which it is a copy. (4) The copy may be any of the following— (a) a photocopy; (b) a copy measurement ticket; (c) a copy of a form of measurement ticket completed for the purpose of creating the copy and numbered with the number of the measurement ticket of which it is a copy; (d) a printed version of a measurement ticket that was generated electronically. (5) The copy must not be made in a way that involves the creation of an original measurement ticket for the purpose of issuing the copy.

26 Trade Measurement (Weighbridges) Regulation 1991 Schedule (continued) (6) However, the form of an original measurement ticket from a book or pad of measurement tickets may be used to create a copy as mentioned in subsection (4)(c). (7) When the form of an original measurement ticket is used to create a copy as mentioned in subsection (4)(c), the original measurement ticket as created must be kept for at least 1 year after the copy is created. (8) In this section— relevant person , in relation to the issue of a copy of an original measurement ticket, means— (a) a buyer or seller of goods whose measurement has been decided using the weighbridge; or (b) another person who has an interest in the goods. Example for paragraph (b) — a person whose goods were on a truck being driven by someone else when the weighing happened 8 Inspector may require measurement to be made (1) An inspector may require an operator to make a measurement of a loaded or unloaded vehicle. (2) The operator must comply with the inspector’s requirement. (3) No fee is payable for the measurement. (4) In this section— fee includes charge.

27 Trade Measurement (Weighbridges) Regulation 1991 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 February 2007. Future amendments of the Trade Measurement (Weighbridges) Regulation 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

28 Trade Measurement (Weighbridges) Regulation 1991 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 0A 1 Amendments included none 2006 SL No. 256 Effective 25 May 1991 1 February 2007 Notes 5 List of legislation Trade Measurement (Weighbridges) Regulation 1991 (prev Trade Measurement (Weighbridges) Regulations 1991) made by the Governor in Council on 23 May 1991 pubd gaz 25 May 1991 pp 357–79 exp 31 August 2011 (see SIA s 56(2) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Trade Measurement (Weighbridges) Amendment Regulation (No. 1) 2006 SL No. 256 notfd gaz 20 October 2006 pp 804–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 February 2007 (see s 2) 6 List of annotations Short title s 1 sub 2006 SL No. 256 s 3 sch Commencement s 2 om 2006 SL No. 256 s 3 sch Definitions prov hdg sub 2006 SL No. 256 s 3 sch s 3 amd 2006 SL No. 256 s 3 sch def “approved form” ins 2006 SL No. 256 s 4(2) def “certificate of suitability” om 2006 SL No. 256 s 4(1) def “copy measurement ticket” ins 2006 SL No. 256 s 4(2) def “measurement ticket” ins 2006 SL No. 256 s 4(2) def “original measurement ticket” ins 2006 SL No. 256 s 4(2) def “preservation period” ins 2006 SL No. 256 s 4(2) def “registered number” ins 2006 SL No. 256 s 4(2) def “the Act” om 2006 SL No. 256 s 3 sch

29 Trade Measurement (Weighbridges) Regulation 1991 Application of other regulations to weighbridges s 4 amd 2006 SL No. 256 s 3 sch Platform of weighbridge s 9 amd 2006 SL No. 256 s 3 sch PART 3—PUBLIC WEIGHBRIDGES pt hdg sub 2006 SL No. 256 s 5 Provision of a weighbridge suitability statement when public weighbridge licence is granted s 15 sub 2006 SL No. 256 s 5 Provision of a weighbridge suitability statement in relation to an existing public weighbridge licence s 16 sub 2006 SL No. 256 s 5 Suitability for use as a public weighbridge s 17 sub 2006 SL No. 256 s 5 When weighbridge is to be examined for issuing new weighbridge suitability statement s 18 sub 2006 SL No. 256 s 5 Licence and sign to be displayed at public weighbridge s 19 sub 2006 SL No. 256 s 5 General system of measurement tickets s 20 sub 2006 SL No. 256 s 5 PART 4—PUBLIC WEIGHBRIGES—LICENCEES AND OPERATORS pt hdg om 2006 SL No. 256 s 5 Offences by licensees s 21 sub 2006 SL No. 256 s 5 If weighbridge measurement incorrect s 22 sub 2006 SL No. 256 s 5 Request for measurement may be refused in some circumstances s 23 sub 2006 SL No. 256 s 5 Offences by operator s 24 sub 2006 SL No. 256 s 5 Licensee to give notice of change of particulars s 25 sub 2006 SL No. 256 s 5 When a vehicle weighing is not a use of a weighbridge as a public weighbridge s 26 sub 2006 SL No. 256 s 5 Register of licences s 27 sub 2006 SL No. 256 s 5 Register of licences s 28 om 2006 SL No. 256 s 5

30 Trade Measurement (Weighbridges) Regulation 1991 Restrictions in other cases s 30 amd 2006 SL No. 256 s 3 sch Approval of forms s 32 ins 2006 SL No. 256 s 6 PART 7—TRANSITIONAL PROVISIONS FOR TRADE MEASUREMENT (WEIGHBRIDGES) AMENDMENT REGULATION (No. 1) 2006 pt 7 (ss 33–37) ins 2006 SL No. 256 s 6 SCHEDULE—PUBLIC WEIGHBRIDGE OPERATOR’S DUTIES sch (ss 1–8) ins 2006 SL No. 256 s 7 SCHEDULE 1—DUTIES OF OPERATOR OF PUBLIC WEIGHBRIDGE sch 1 (ss 1–8) om 2006 SL No. 256 s 7 SCHEDULE 2—FORMS OF TARE MASS BOOK sch 2 om 2006 SL No. 256 s 7 SCHEDULE 3—FORMS OF MEASUREMENT TICKETS sch 3 om 2006 SL No. 256 s 7 © State of Queensland 2010