First Previous (PART II Legal Metrology Service) Next (PART IV Authorised Units and Standards)

27 1996

METROLOGY ACT, 1996

PART III

Control Procedures

Sale, distribution and use of metrological instruments.

13. —(1) Every person who makes, sells, imports or causes to be made or sold, any instrument intended for use for trade or any prescribed purpose, or who uses or has in his or her possession for use any instrument for any such purpose, shall ensure that the relevant conformity assessment procedure referred to in section 14 has been applied to it.

(2) A person who knowingly fails or neglects to comply with subsection (1) shall be guilty of an offence.

(3) Where in the special circumstances of any particular case it appears to be impracticable or unnecessary that a particular requirement of this Act in regard to approval and stamping of instruments be complied with, the Director may, by an authorisation in writing, dispense with the observance of that requirement. The Director shall apply conditions, including a time limit, to any such authorisation and any person who knowingly contravenes any condition imposed by the authorisation shall be guilty of an offence.

Conformity assessment procedures.

14. —(1) Instruments intended for use for any prescribed purpose, including public weighing and measuring equipment referred to in section 26 , shall be subject to the procedures (“conformity assessment procedures”) prescribed by the Director.

(2) Conformity assessment procedures, including any conditions applicable thereto, together with the types of instruments subject to the various elements of the procedure, may include type approval, verification and unit verification and may contain such provisions as are considered necessary relating to revocation of any certification.

(3) All type approval certificates and verifications which are valid immediately before the establishment date shall continue to be valid on or after that date for such period as may be prescribed under subsection (1).

(4) On the written request of the supplier or user, any instrument not intended for use for a prescribed purpose, may, at the discretion of the Director, be subject to any or all of the conformity assessment procedures.

In-Service inspection.

15. —(1) Instruments conforming to the conformity assessment procedures and in use for a prescribed purpose shall be subject to inspection from time to time as prescribed by the Director.

(2) Any person who uses an instrument for a prescribed purpose or has in his or her possession for such use and the instrument fails to comply with the terms prescribed under subsection (1) shall be guilty of an offence.

Marking of instruments.

16. —(1) Instruments which have been subject to the conformity assessment and inspection procedures shall have set thereon marks signifying their conformity to the relevant procedure. These marks, their form, design, application or obliteration together with facilities for receiving such marks shall be prescribed by the Director.

(2) If application of the marks presents any technical difficulty, exceptions may be made by the Director.

(3) Stamps shall be made of such material as is determined by the Director.

(4) Unless otherwise prescribed by the Director, any instrument which has been duly marked before the commencement of this section shall be treated for the purposes of this Act as if it had been duly marked under this Act.

Sealing and securing instruments.

17. —(1) The calibration device on the instrument shall, on verification, be secured in such a manner as to enable an adjustment to be detected so far as possible.

(2) Facilities for providing such security shall be provided by the manufacturer, supplier or user of the instrument.

(3) The Director may prescribe specific requirements on sealing or securing instruments.