Western Australian Repealed Acts

This legislation has been repealed.

WEIGHTS AND MEASURES ACT 1915 - SECT 27H

27H .         Articles that may be marked “Net weight when packed”

        (1)         Where an article of any description to which this section applies (being a pre-packed article) is of such a nature and is so packed that the weight of the article is or is likely, by reason of climatic conditions or evaporation, to be subject to variation after the packing of the article, the regulations may prescribe that packages containing articles of that description may be marked, in the prescribed form and manner, with the words “Net weight when packed” or words to the like effect.

        (2)         The regulations may provide that a package containing an article of a specified kind (in this section referred to as "a specified article” ), being an article of a description to which this section applies, may, in lieu of being marked with the words referred to in subsection (1), be marked with such other words as may be prescribed (in this section referred to as "the alternative words” ).

        (3)         A person shall not pack for sale, or cause, permit, or suffer to be packed for sale —

            (a)         an article of any description to which this section applies in a package marked with a statement of the weight of the article together with the words “Net weight when packed” or words to the like effect; or

            (b)         a specified article in a package marked with a statement of the weight of the article together with the alternative words,

                unless the true weight of the article is, at the time when the article is packed and at all times thereafter during the day on which the article is packed, equal to or greater than the weight stated on the package.

        Penalty: For a first offence, $400; for a second or subsequent offence, $800.

        (4)         A person shall not mark, or cause, permit, or suffer to be marked —

            (a)         the words “Net weight when packed” or words to the like effect on a package containing any article other than an article to which this section applies; or

            (b)         the alternative words on a package containing any article other than a specified article.

        Penalty: For a first offence, $400; for a second or subsequent offence, $800.

        (5)         For the purposes of this section, but subject to subsection (6), an article of any description to which this section applies contained in a package marked pursuant to this section with the words “Net weight when packed” or words to the like effect or, in the case of a specified article, with the alternative words, shall be deemed to have been, at the time when the article was packed and at all times thereafter during the day on which the article was packed, of a true weight equal to the weight stated on the package if —

            (a)         any deficiency of weight of the article does not exceed 5 parts per centum of that stated weight; and

            (b)         there is no average deficiency in the contents of 12 packages containing the article selected by an inspector without prior measurement thereof or, where there are less than 12 such packages available, in the contents of all the available packages, being not fewer than 6.

        (6)         Notwithstanding anything in section 27G(5) or in subsection (5), where —

            (a)         an article is contained in a package marked, pursuant to this section, with the words “Net weight when packed” or words to the like effect or, in the case of a specified article, with the alternative words;

            (b)         the article is declared by the regulations to be an article to which this subsection applies; and

            (c)         at any time subsequent to the day when the article was packed —

                  (i)         there is a deficiency of weight of the article exceeding such number of parts per centum (being greater than 5 parts per centum) of the weight stated on the package as is prescribed for the purposes of this subsection in relation to that article; or

                  (ii)         there is an average deficiency exceeding such number of parts per centum of the weight stated on the package as is prescribed as the permissible average deficiency for the purposes of this subsection in relation to that article in the contents of 12 packages containing the article taken at random by an inspector or, where there are less than 12 such packages available, in the contents of all the available packages, being not fewer than 6,

                the article shall, for the purposes of this section, be deemed not to have been, at the time when the article was packed and at all times thereafter during the day on which the article was packed, of a true weight equal to the weight stated on the package.

        (7)         The regulations may require that, in addition to any other particulars required by or under this Act to be marked on the package containing an article to which subsection (6) applies, the package shall be marked with the date when the article was packed or with an approved brand indicating that date.

        (8)         This section applies to articles of such descriptions as may be prescribed.

        [Section 27H inserted by No. 34 of 1967 s.19; amended by No. 64 of 1978 ss.7 and 11.]