Weights and Measures Act 1987

  • not the latest version
  • This version was replaced on 26 April 2017 to make a correction to section 40(1) under section 25(1)(c) and (j)(iv) of the Legislation Act 2012.
16A Offence to supply weight, measure, or number not in accordance with stated quantity

(1)

The following definitions apply in this section:

(a)

in subsection (2), person means every person who sells or offers or exposes for sale, or has in that person’s possession for sale, by weight, measure, or number, any goods enclosed in a package that states the quantity of the goods or that has a label attached to it stating the quantity of the goods:

(b)

in subsection (2), goods includes catch weight goods:

(c)

in subsection (3), goods does not include catch weight goods:

(d)

in subsections (4) and (5), required period means the period beginning at the time when the package was made up and ending on the seventh day after the day the package was made up.

(2)

Every person commits an offence if the weight, measure, or number of the goods in the package is less than that stated on the package or label.

(3)

However, the weight, measure, or number of the goods in the package is deemed to be the same as that stated on the package or label if—

(a)

the package meets the conditions prescribed by regulations made under section 41A(1)(a); or

(b)

the package is 1 package in a lot of packages that meets the conditions prescribed by regulations made under section 41A(1)(b).

(4)

A person charged with an offence against this section in respect of a package from a lot of packages containing desiccating goods has a defence if the person proves that

(a)

the weighted average quantity of any sample taken from the lot of packages, as determined in accordance with regulations made under section 41A, was, at all times during the required period, equal to or exceeded the quantity stated on the package or a label attached to it; and

(b)

the number of non-standard packages in any sample taken from the lot of packages was, at all times during the required period, equal to or less than the appropriate number specified for the purpose in regulations made under section 41A; and

(c)

there were no inadequate packages, at any time during the required period, in any sample taken from the lot of packages.

(5)

A person charged with an offence against this section in respect of a lot of packages containing desiccating goods also has a defence if the person proves that, at any time after the close of the required period, a sample taken from the lot contained no inadequate packages.

(6)

[Repealed]

Section 16A: inserted, on 14 November 2001, by section 7 of the Weights and Measures Amendment Act 2000 (2000 No 86).

Section 16A(1)(d): added, on 15 December 2005, by section 5(1) of the Weights and Measures Amendment Act 2005 (2005 No 118).

Section 16A(4): amended, on 15 December 2005, by section 5(2)(a) of the Weights and Measures Amendment Act 2005 (2005 No 118).

Section 16A(4)(a): amended, on 15 December 2005, by section 5(2)(b) of the Weights and Measures Amendment Act 2005 (2005 No 118).

Section 16A(4)(b): amended, on 15 December 2005, by section 5(2)(c) of the Weights and Measures Amendment Act 2005 (2005 No 118).

Section 16A(4)(c): amended, on 15 December 2005, by section 5(2)(d) of the Weights and Measures Amendment Act 2005 (2005 No 118).

Section 16A(5): amended, on 15 December 2005, by section 5(3) of the Weights and Measures Amendment Act 2005 (2005 No 118).

Section 16A(6): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).