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Utility Meters _Metrological Controls_ Act 2002

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					                             Version No. 003
  Utility Meters (Metrological Controls) Act
                    2002
                               Act No. 48/2002
        Version incorporating amendments as at 1 July 2006


                       TABLE OF PROVISIONS
Section                                                                 Page

PART 1—PRELIMINARY                                                         1
  1.      Purpose and outline of Act                                       1
  2.      Commencement                                                     2
  3.      Definitions                                                      2
  4.      Meaning of use of utility meter for trade                        6
  5.      Application of Act to Crown                                      7
  6.      Application of Act and exemptions                                7

PART 2—ADMINISTRATION                                                      9
  7.      Administration of Act                                            9
  8.      Functions of administering authority under Commonwealth
          regulations                                                      9
  9.      Powers of the administering authority                            9

PART 3—USE OF UTILITY METERS FOR TRADE                                    11
  10.     Utility meters used for trade must be marked                    11
  11.     Unjust measurement                                              12
  12.     Supplying incorrect utility meter                               13

PART 4—RE-VERIFICATION AND CERTIFICATION OF
UTILITY METERS                                                            14
  13.     Provision and maintenance of standards                          14
  14.     Re-verification by inspectors                                   14
  15.     Certification by licensees                                      15
  16.     Requirements for utility meters                                 15
  17.     Standards of measurement to be used                             16
  18.     Responsibilities of administering authority concerning
          re-verification and certification                               16
  19.     Prohibition on use if re-verification cannot be carried out     17



                                         i
Section                                                                   Page

  20.     Rejection of utility meter by inspector—obliteration of marks     18
  21.     Duty of repairers to obliterate marks                             18
  22.     Marks on labels affixed to utility meters                         19
  23.     Making mark without authority                                     19
  24.     Other offences concerning marks                                   20

PART 5—LICENSING                                                            21
  25.     Requirement for servicing licence                                 21
  26.     Application for servicing licence                                 21
  27.     Grounds for refusal                                               22
  28.     Licensee to be allotted a mark                                    23
  29.     Register of servicing licences                                    23
  30.     Conditions may be imposed on servicing licences                   23
  31.     Conditions on all servicing licences                              24
  32.     Conditions need not be endorsed on servicing licence              25
  33.     Periodic licence fee                                              25
  34.     Cancellation for non-payment of licence fee                       25
  35.     Surrender of servicing licence                                    25
  36.     Order preventing employment of certain persons                    26
  37.     Grounds for disciplinary action                                   27
  38.     Notice to licensee of grounds for disciplinary action             27
  39.     Taking of disciplinary action                                     28
  40.     Review by Tribunal                                                29

PART 6—ENFORCEMENT                                                          30
  41. Inspector's certificates of authority                                 30
  42. Inspector's certificate of authority to be produced                   30
  43. Powers of entry                                                       30
  44. Search warrant                                                        30
  45. Powers in relation to utility meters                                  32
  46. Return of seized property                                             33
  47. Obstruction of inspector                                              34
  48. Protection against self-incrimination                                 35
  49. Entry to be reported to the administering authority                   35
  50. Register of exercise of powers of entry                               35
  51. Complaints                                                            36
  52. Confidentiality                                                       36
  53. Service                                                               37
  54. Power to serve a notice                                               38
  55, 56. Repealed                                                          38
  57. Penalties to be paid for offences under infringement notices          38
  58, 59. Repealed                                                          38
  60. Time for instituting proceedings for offence                          38
  61. Increased penalty for body corporate                                  39
  62. Compensation for loss caused by offence                               39
  63. Application of Fair Trading Act 1999                                  39


                                       ii
Section                                                               Page

  64.     Repealed                                                      40
  65.     False or misleading statements                                40
  66.     Evidence—signature of Minister or administering authority     41
  67.     Certificate evidence                                          41
  68.     Evidence of use of utility meter for trade                    42
  69.     Double jeopardy                                               42

PART 7—GENERAL                                                          44
  70.     Codes of Conduct                                              44
  71.     Certification fees                                            45
  72.     Other fees and charges may be prescribed                      45
  73.     Recovery of unpaid fees and charges                           46
  74.     Regulations                                                   46

PART 8—CONSEQUENTIAL                                                    51
  75.     New section 171A inserted in Water Act 1989                   51
          171A. Limitation on power to make by-laws                     51
                           ═══════════════

ENDNOTES                                                                52
1. General Information                                                  52
2. Table of Amendments                                                  53
3. Explanatory Details                                                  54




                                      iii
                     Version No. 003
  Utility Meters (Metrological Controls) Act
                    2002
                       Act No. 48/2002

     Version incorporating amendments as at 1 July 2006

The Parliament of Victoria enacts as follows:


                  PART 1—PRELIMINARY

     1. Purpose and outline of Act
         (1) The purpose of this Act is to enact trade
             measurement legislation in respect of utility
             meters in Victoria.
         (2) In outline this Act—
                    provides for a scheme similar to the
                     National Model Uniform Trade
                     Measurement Legislation to apply to
                     utility meters used for trade;
                    enables the scheme to be applied to utility
                     meters used in the gas industry, the
                     electricity industry and the water industry
                     from a relevant prescribed date;
                    provides for transitional arrangements in
                     respect of existing and new utility meters;
                    provides for the Director, Trade
                     Measurement Victoria to be the
                     administering authority and the licensing
                     authority;
                    provides for verification of utility meters
                     in specified cases and for re-verification
                     and certification of all utility meters;


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s. 2


                       provides for the granting of servicing
                        licences;
                       provides for the enforcement of the Act,
                        including the appointment and powers of
                        inspectors and the issue of infringement
                        notices;
                       enables the making of codes of conduct
                        and provides for the approval of codes of
                        conduct operating under existing
                        arrangements;
                       empowers the making of regulations for
                        the purposes of the Act;
                       consequentially amends the Water Act
                        1989.
           (3) Sub-section (2) is intended only as a guide to
               readers as to the general scheme of this Act.
       2. Commencement
           (1) Subject to sub-section (2), this Act comes into
               operation on a day to be proclaimed.
           (2) If this Act does not come into operation before
               1 January 2003, it comes into operation on that
               day.
       3. Definitions
           (1) In this Act—
               "administering authority" means the Director;
               "approved pattern", in relation to a utility meter,
                   means a pattern approved for the utility
                   meter—
                        (a) under section 19A of the National
                            Measurement Act, being an approval
                            that—
                             (i) is currently in force under that
                                 provision; or


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                                                             s. 3


                 (ii) has expired or been cancelled (but
                      not withdrawn) under the National
                      Measurement Act and was in
                      force when the utility meter was
                      first verified or certified; or
            (b) by the administering authority, being an
                approval that—
                 (i) is currently in force under section
                     6(3); and
                 (ii) only applies if the utility meter is
                      being used for trade on the
                      relevant prescribed date; or
            (c) if a system for approval under
                section 19A of the National
                Measurement Act is not in force, by the
                administering authority, being an
                approval that is currently in force under
                section 6(3);
     "Australian legal unit of measurement" has the
         same meaning as in the National
         Measurement Act;
     "authorised officer" means a person or body
         appointed under section 9(1)(d);
     "certify" has the meaning given by section 15;
     "corresponding law" means a law of the
         Commonwealth or of another State or a
         Territory of the Commonwealth that
         corresponds to this Act;
     "Director" means the person for the time being
         appointed to be the Director, Trade
         Measurement Victoria for the purposes of
         the Trade Measurement (Administration)
         Act 1995;




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s. 3


            "document" includes any record of information,
                whether or not the information is available
                only after the record is subjected to
                electronic or other process;
            "inspector" means a person or body appointed
                 under section 9(1)(a);
            "inspector's mark" means—
                   (a) the mark approved by the administering
                       authority for use by an inspector in
                       re-verifying a utility meter; or
                   (b) such a mark under a corresponding law;
            "licensee's mark" means—
                   (a) the mark approved by the licensing
                       authority for use by or on behalf of the
                       licensee in certifying a measuring
                       instrument; or
                   (b) such a mark under a corresponding law;
            "licensing authority" means the Director;
            "measurement" means a determination of
                number or physical quantity, other than for
                descriptive purposes only;
            "measuring instrument" has the same meaning
                as in the National Measurement Act;
            "National Measurement Act" means the
                National Measurement Act 1960 of the
                Commonwealth;
            "record" includes any document;
            "reference standard of measurement" has the
                 same meaning as in the National
                 Measurement Act;
            "relevant prescribed date" means the relevant
                 prescribed date under section 6(2);



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                                                             s. 3


     "re-verify" has the meaning given by section 14;
     "servicing licence" means a servicing licence in
          force under Part 5;
     "State primary standard of measurement" has
          the same meaning as in the National
          Measurement Act;
     "Tribunal" means the Victorian Civil and
         Administrative Tribunal established under
         the Victorian Civil and Administrative
         Tribunal Act 1998;
     "utility meter" means a measuring instrument
          that is—
            (a) a gas meter; or
            (b) an electricity meter; or
            (c) a water meter—
          but does not include a utility meter that is
          included in a class of utility meters exempted
          from the operation of this Act by the
          regulations;
     "verified", in relation to a utility meter, means
          verified—
            (a) under the National Measurement Act;
                or
            (b) by the administering authority under
                section 6(4), being a verification that
                only applies if the utility meter is being
                used for trade on the relevant
                prescribed date; or
            (c) if a system for verification under the
                National Measurement Act is not in
                force, by the administering authority,
                being a verification that is currently in
                force under section 6(4).



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s. 4


           (2) For the purposes of this Act—
                (a) time interval not related to the calendar is a
                    physical quantity; and
                (b) time interval related to the calendar is not a
                    physical quantity.
           (3) In this Act and the regulations—
                (a) a reference to a function includes a reference
                    to a power, authority and duty; and
                (b) a reference to the exercise of a function
                    includes, where the function is a duty, a
                    reference to the performance of the duty.
       4. Meaning of use of utility meter for trade
           (1) For the purposes of this Act and the regulations, a
               person uses a utility meter for trade if the person
               uses it, has it in possession for use, or makes it
               available for use, to make a measurement for the
               purpose of determining—
                (a) the consideration in respect of a transaction;
                    or
                (b) the amount payable as a tax, rate, toll, duty,
                    charge or other impost (however described).
           (2) In addition, a person is to be regarded as using a
               utility meter for trade if—
                (a) the person makes the utility meter available
                    on premises for use by a party to a
                    transaction that takes place on those
                    premises; and
                (b) the instrument makes a measurement of a
                    kind that is used for the purpose of
                    determining the consideration in respect of
                    the transaction even though a measurement
                    actually made with that instrument is not
                    used for that purpose.



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   (3) Despite sub-section (1), if a party to a transaction
       makes a utility meter available for use in
       connection with the transaction, another party to
       the transaction who uses the utility meter in that
       connection is not to be regarded as using the
       utility meter for trade.
5. Application of Act to Crown
   (1) This Act binds the Crown in all its capacities, in
       so far as the legislative power of the Parliament
       permits.
   (2) Nothing in this Act renders the Crown liable to be
       prosecuted for an offence.
6. Application of Act and exemptions
   (1) This Act applies to utility meters used for trade in
       an industry as from the relevant prescribed date
       for that industry prescribed under sub-section (2).
   (2) The regulations may prescribe the relevant
       prescribed date in respect of—
         (a) the gas industry;
        (b) the electricity industry;
         (c) the water industry.
   (3) The administering authority may give an approval
       subject to any conditions the administering
       authority considers appropriate for the purposes of
       paragraph (b) or (c) of the definition of "approved
       pattern" in section 3(1).
   (4) The administering authority may make a
       verification subject to any conditions the
       administering authority considers appropriate for
       the purposes of paragraph (b) or (c) of the
       definition of "verification" in section 3(1).




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                      Part 1—Preliminary
s. 6


        (5) The administering authority must publish a notice
            in the Government Gazette specifying the details
            of any approval under sub-section (3) or any
            verification under sub-section (4).
        (6) The regulations may exempt from the operation of
            this Act, or specified provisions of this Act, a
            specified person, matter, article or transaction or a
            specified class of persons, matters, articles or
            transactions.
                   __________________




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                  Act No. 48/2002
                Part 2—Administration
                                                             s. 7



          PART 2—ADMINISTRATION

7. Administration of Act
       Subject to the general direction and control of the
       Minister, the administering authority has the
       administration of this Act.
8. Functions of administering authority under
   Commonwealth regulations
       Subject to the approval of the Minister, the
       administering authority may for the purposes of
       this Act—
         (a) hold an appointment made under the
             Commonwealth National Measurement
             Regulations; and
        (b) exercise any function conferred on the holder
            of the appointment.
9. Powers of the administering authority
   (1) The powers of the administering authority for the
       purposes of this Act include the power to—
         (a) with the approval of the Minister, appoint
             any person or body to be an inspector for the
             purposes of this Act;
        (b) enter into an arrangement or agreement with
            any person or body to supply services,
            undertake inspection functions or perform
            other functions under this Act;
         (c) appoint any person or body to be an
             authorised agent of the administering
             authority and to perform such functions on
             behalf of the administering authority as the
             administering authority may specify in the
             instrument of appointment;




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                    Part 2—Administration
s. 9


             (d) appoint any person or body (whether or not
                 an inspector) to be an authorised officer for
                 the purposes of issuing infringement notices.
        (2) The administering authority may by an instrument
            of delegation delegate to any person or body
            specified in sub-section (1) any function or power
            of the administering authority other than this
            power of delegation.
                   __________________




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           Part 3—Use of Utility Meters for Trade
                                                                s. 10



 PART 3—USE OF UTILITY METERS FOR TRADE

10. Utility meters used for trade must be marked
     (1) A person who installs in or on any premises a
         utility meter for use for trade which does not bear
         an inspector's mark or a licensee's mark is guilty
         of an offence.
         Penalty: 200 penalty units.
     (2) A person who uses a utility meter for trade is
         guilty of an offence unless the instrument bears an
         inspector's mark or a licensee's mark.
         Penalty: 50 penalty units.
     (3) If an inspector finds a utility meter that is being
         used in contravention of sub-section (1) or (2), the
         inspector may give to the owner or user of the
         utility meter a written notice—
          (a) stating the utility meter does not have an
              inspector's mark or a licensee's mark on it;
              and
          (b) requiring the person to remedy the
              contravention within a stated period of not
              more than 28 days.
     (4) If the person complies with the notice, the person
         is taken not to have committed an offence against
         this section in relation to the circumstances to
         which the notice relates.
     (5) The regulations may provide for the
         circumstances in which the use for trade of a
         utility meter that has been repaired or modified, or
         commissioned, is permitted even though it does
         not bear an inspector's mark or a licensee's mark,
         pending its re-verification or certification.




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           Utility Meters (Metrological Controls) Act 2002
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                  Part 3—Use of Utility Meters for Trade
s. 11


        11. Unjust measurement
            (1) A person who uses for trade a utility meter that is
                incorrect is guilty of an offence.
                Penalty: 200 penalty units.
            (2) A person who uses for trade a utility meter in a
                manner that is unjust is guilty of an offence.
                Penalty: 200 penalty units.
            (3) A person whose act or omission causes or is likely
                to cause a utility meter in use for trade to give a
                measurement or other information that is incorrect
                is guilty of an offence if the person acted or
                omitted to act with the intention of causing that
                result or with reckless indifference to whether that
                result would be caused.
                Penalty: 200 penalty units.
            (4) If an inspector finds a utility meter being used for
                trade that is incorrect or is being used in a way
                that is unjust, the inspector may give to the owner
                or user of the utility meter a written notice—
                  (a) stating—
                        (i) the utility meter is incorrect; or
                       (ii) the way the person is using it is unjust;
                            and
                 (b) requiring the person to take stated steps to
                     stop contravening the relevant sub-section
                     within a stated period, of not more than
                     28 days.
            (5) If the person complies with the notice, the person
                is taken not to have committed an offence against
                this section in relation to the circumstances to
                which the notice relates.




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           Part 3—Use of Utility Meters for Trade
                                                                 s. 12


     (6) If a person commits an offence against this
         section, any contract to which the person is a party
         and which is made by reference to a measurement
         to which the offence relates is voidable at the
         option of another party to the contract.
12. Supplying incorrect utility meter
     (1) For the purposes of this section, a utility meter is
         unacceptable for trade use if it is incorrect or is
         not of an approved pattern.
     (2) If a utility meter that is unacceptable for trade use
         is used for trade, a person who sold, leased, hired
         or lent it to the person who used it for trade is
         guilty of an offence.
         Penalty: 200 penalty units.
     (3) It is a defence in proceedings for an offence
         against this section if it is established—
          (a) that the utility meter was not unacceptable
              for trade use when the defendant parted with
              possession of it; or
          (b) that the defendant did not know and had no
              reason to suspect that the utility meter would
              be used for trade; or
          (c) that the person who purchased the utility
              meter or took it on lease, hire or loan was
              informed in writing at the time that the utility
              meter was unacceptable for trade use.
                 __________________




                            13
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                            Act No. 48/2002
            Part 4—Re-verification and Certification of Utility Meters
s. 13



        PART 4—RE-VERIFICATION AND CERTIFICATION OF
                      UTILITY METERS

         13. Provision and maintenance of standards
              (1) It is the responsibility of the administering
                  authority to arrange for the provision, custody and
                  maintenance of—
                    (a) State primary standards of measurement; and
                    (b) classes and denominations of reference
                        standards of measurement—
                   as the administering authority decides are
                   necessary for the purposes of this Act.
              (2) Each licensee under a servicing licence is
                  responsible for providing the classes and
                  denominations, decided by the administering
                  authority, of reference standards of measurement
                  as may be necessary for the exercise of the
                  functions of the licensee under this Act.
         14. Re-verification by inspectors
                   A utility meter is re-verified when it already bears
                   an inspector's mark or a licensee's mark and an
                   inspector—
                    (a) is satisfied that the instrument complies with
                        the requirements for re-verification specified
                        in section 16; and
                    (b) obliterates the inspector's mark or licensee's
                        mark that the instrument already bears; and
                    (c) marks the instrument with the inspector's
                        mark.




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   Part 4—Re-verification and Certification of Utility Meters
                                                                 s. 15


15. Certification by licensees
     (1) A utility meter is certified when the licensee under
         a servicing licence or an employee of the
         licensee—
           (a) is satisfied that the instrument complies with
               the requirements for certification specified in
               section 16 and issues a certificate to that
               effect; and
           (b) obliterates any inspector's mark or licensee's
               mark that the instrument already bears; and
           (c) marks the instrument with the licensee's
               mark.
     (2) Certification may be carried out whether or not
         the utility meter already bears an inspector's mark
         or a licensee's mark.
16. Requirements for utility meters
     (1) The requirements for re-verification or
         certification of a utility meter are—
           (a) the utility meter must operate within the
               appropriate limits of error that may be
               tolerated under the National Measurement
               Act at re-verification; and
           (b) the utility meter must be of an approved
               pattern; and
           (c) the utility meter must have no graduations in
               a unit of measurement other than a unit of
               measurement under the metric system of
               measurement within the meaning of the
               National Measurement Act except in a case
               determined by the administering authority to
               be a special case.
     (2) If there are no appropriate limits of error that may
         be tolerated in force under the National
         Measurement Act at re-verification, regulations


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           Part 4—Re-verification and Certification of Utility Meters
s. 17


                  may be made under this Act prescribing the
                  appropriate limits of error that may be tolerated
                  for the purposes of this section.
        17. Standards of measurement to be used
             (1) The determination of whether the requirements of
                 section 16 for re-verification or certification are
                 complied with is to be made by means of, by
                 reference to, by comparison with or by derivation
                 from—
                   (a) an appropriate State primary standard of
                       measurement; or
                   (b) an appropriate reference standard of
                       measurement; or
                   (c) 2 or more standards of measurement each of
                       which is an appropriate State primary
                       standard of measurement or an appropriate
                       reference standard of measurement.
             (2) Sub-section (1) does not apply if there is not an
                 appropriate standard for the measurement in
                 respect of which the utility meter is to be re-
                 verified or certified.
        18. Responsibilities of administering authority
            concerning re-verification and certification
             (1) It is the responsibility of the administering
                 authority to—
                   (a) arrange for the re-verification of utility
                       meters that are in use for trade; and
                   (b) fix periods within which utility meters must
                       be re-verified; and
                   (c) fix periods within which utility meters must
                       be certified.
             (2) Arrangements under sub-section (1)(a) must
                 provide for the re-verification of a utility meter as
                 often as the administering authority determines is


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   Utility Meters (Metrological Controls) Act 2002
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   Part 4—Re-verification and Certification of Utility Meters
                                                                  s. 19


          necessary or desirable in relation to the class of
          utility meter concerned but need not be made in
          any cases or circumstances for which the
          regulations provide re-verification is not required.
     (3) The administering authority may fix periods under
         sub-section (1)(b) or (1)(c) as often as the
         administering authority decides is necessary for
         the class of utility meter concerned.
     (4) This section does not affect the power of the
         administering authority to charge amounts in
         accordance with the regulations for or in
         connection with the re-verification of utility
         meters.
     (5) Even if a utility meter is not required by this Act
         to bear an inspector's mark or a licensee's mark, it
         may be examined and its calibration tested as if
         there were such a requirement but only—
           (a) for the purposes of another Act; or
           (b) if the administering authority so approves, at
               the request of the person in possession of the
               utility meter.
19. Prohibition on use if re-verification cannot be
    carried out
     (1) An inspector may give reasonable directions to a
         person in possession of a utility meter for the
         purpose of facilitating re-verification of the utility
         meter.
     (2) Those directions may include (but are not limited
         to)—
           (a) directions as to the time and place at which
               the utility meter is to be made available to an
               inspector; and
           (b) any other directions authorised by the
               regulations.



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s. 20


             (3) If the inspector's directions are not complied with,
                 an inspector may, by notice in writing given to the
                 person, prohibit the use of the utility meter for
                 trade until it is re-verified.
             (4) A person given a notice under sub-section (3) is
                 guilty of an offence if the utility meter to which
                 the notice refers is used for trade by the person
                 before it is re-verified.
                  Penalty: 50 penalty units.
        20. Rejection of utility meter by inspector—obliteration
            of marks
                  If a utility meter that bears an inspector's mark or
                  licensee's mark is examined or tested by an
                  inspector and is found not to comply with the
                  requirements for re-verification specified in
                  section 16, the inspector must obliterate any
                  inspector's mark or licensee's mark that the utility
                  meter bears.
        21. Duty of repairers to obliterate marks
             (1) A person must obliterate any inspector's mark or
                 licensee's mark that a utility meter bears when the
                 person does anything to the utility meter
                 (including repair, modification and
                 commissioning) that affects its metrological
                 performance, unless that effect can be corrected
                 by normal operational adjustment of the utility
                 meter.
             (2) A person who fails to comply with sub-section (1)
                 is guilty of an offence.
                  Penalty: 200 penalty units.
             (3) This section applies whether or not the person is a
                 licensee.




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                                                                s. 22


22. Marks on labels affixed to utility meters
     (1) An inspector's mark or a licensee's mark that is
         made on a label affixed to a utility meter must be
         taken to have been made on the utility meter.
     (2) The mark is obliterated by being removed or
         destroyed.
23. Making mark without authority
     (1) A person who makes an inspector's mark or
         licensee's mark on a utility meter is guilty of an
         offence unless the person is authorised to do so as
         provided by this section.
          Penalty: 200 penalty units.
     (2) A person is authorised to make an inspector's
         mark on a utility meter if the mark is made in the
         course of verifying or re-verifying the utility
         meter and the person—
           (a) is an inspector; or
           (b) is acting under the authority and direct
               supervision of an inspector.
     (3) A person is authorised to make a licensee's mark
         on a utility meter if the mark is made in the course
         of certifying the utility meter under the authority
         conferred by a servicing licence and the person—
           (a) is the licensee, or an employee of the
               licensee, in respect of whom the mark is
               approved by the administering authority; or
           (b) is acting under the authority and direct
               supervision of that licensee or an employee
               of that licensee.
     (4) A person is authorised to make an inspector's
         mark or a licensee's mark on a utility meter if the
         person does so in accordance with the provisions
         of the regulations as to the batch testing and
         marking of utility meters.


                              19
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
           Part 4—Re-verification and Certification of Utility Meters
s. 24


        24. Other offences concerning marks
                  A person is guilty of an offence if the person—
                   (a) has possession, without authority, of an
                       instrument for making an inspector's mark or
                       a licensee's mark; or
                   (b) makes on a utility meter a mark resembling
                       an inspector's mark or a licensee's mark
                       intending to create a false impression that it
                       is an inspector's mark or a licensee's mark; or
                   (c) makes or possesses, without lawful
                       justification or excuse, an instrument
                       designed to make a mark resembling an
                       inspector's mark or a licensee's mark; or
                   (d) sells, or uses for trade, a utility meter marked
                       in contravention of paragraph (b) or
                       section 23 knowing it to have been
                       unlawfully marked.
                  Penalty: 200 penalty units.
                          __________________




                                      20
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                    Part 5—Licensing
                                                                s. 25



                PART 5—LICENSING

25. Requirement for servicing licence
     (1) A person must not for the purposes of this Act,
         test a batch of utility meters or certify or purport
         to certify a utility meter unless the person is the
         holder of a servicing licence or an employee of the
         holder of a servicing licence.
         Penalty: 200 penalty units.
     (2) A person who is the holder of a servicing licence,
         or an employee of the holder of a servicing
         licence, must comply with the conditions of the
         licence.
         Penalty: 200 penalty units.
     (3) It is a defence in proceedings against an employee
         of a licensee in respect of a failure to comply with
         a condition of a servicing licence if the employee
         establishes that the licensee failed to make the
         employee aware of the condition.
26. Application for servicing licence
     (1) On application made in a form approved by the
         administering authority, the licensing authority
         may grant a servicing licence.
     (2) However, if 2 or more persons who carry on
         business together as partners join in making an
         application, the licensing authority may only grant
         a single servicing licence to the joint applicants.
     (3) The application must be accompanied by the
         prescribed application fee.
     (4) The licensing authority may—
          (a) require an applicant to provide specified
              particulars (in writing) and documents
              relating to the application; and



                          21
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                           Part 5—Licensing
s. 27


                 (b) refuse the application if they are not
                     provided.
        27. Grounds for refusal
            (1) An application for a servicing licence must be
                refused if the applicant—
                  (a) is a natural person who has not reached the
                      age of 18 years; or
                 (b) is a person whose servicing licence under
                     this Act or a corresponding law is suspended;
                     or
                  (c) is a person disqualified under this Act or a
                      corresponding law from holding a servicing
                      licence; or
                 (d) is not a person likely to carry on the
                     activities of a licensee honestly and fairly; or
                  (e) is in any other way not a fit and proper
                      person to be a licensee.
            (2) Without limiting the generality of sub-section
                (1)(e), the licensing authority may, in determining
                whether the applicant is not a fit and proper
                person to be a licensee, have regard to whether the
                applicant or, if the applicant is a body corporate,
                any person concerned in the management of the
                applicant—
                  (a) has, during the period of 10 years that
                      preceded the making of the application, been
                      convicted of, or served any part of a term of
                      imprisonment for, an offence in the State or
                      elsewhere involving fraud or dishonesty; or
                 (b) was, when the application was made, the
                     subject of a charge pending in relation to
                     such an offence; or




                                  22
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                    Part 5—Licensing
                                                                 s. 28


          (c) has, at any time, been convicted of an
              offence against this Act or the regulations or
              a corresponding law; or
          (d) has been refused a servicing licence or an
              appointment as a verifying authority under a
              corresponding law.
     (3) If an application for a servicing licence is refused,
         the licensing authority must notify the applicant of
         the grounds for the refusal.
28. Licensee to be allotted a mark
         If the licensing authority issues a servicing
         licence, the licensing authority must approve a
         mark for use by the licensee and employees of the
         licensee when certifying utility meters.
29. Register of servicing licences
         The licensing authority must keep a register of the
         prescribed particulars relating to servicing
         licences in the form and manner the licensing
         authority thinks fit.
30. Conditions may be imposed on servicing licences
     (1) The licensing authority may—
          (a) impose conditions when it grants a servicing
              licence or at any time after granting a
              servicing licence; and
          (b) vary or revoke any condition.
     (2) Without limiting the generality of sub-section (1),
         a condition may restrict to a specified class or
         classes the utility meters that may be certified
         under the authority of a servicing licence.
     (3) After granting a servicing licence, the licensing
         authority must not impose or vary a condition of
         the servicing licence unless the licensee has first
         been given an opportunity to make oral or written



                           23
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                            Part 5—Licensing
s. 31


                 submissions concerning the imposition or
                 variation of the condition.
             (4) The imposition or variation of a condition under
                 this section does not take effect until notice of it
                 has been served on the licensee.
        31. Conditions on all servicing licences
                 A servicing licence is subject to the following
                 conditions—
                  (a) (if the licensee is a natural person) a
                      condition that the licensee must not
                      personally certify a utility meter unless the
                      licensee is competent to do so;
                  (b) a condition that the licensee must not employ
                      a person to certify a utility meter unless the
                      person is competent to do so;
                  (c) a condition that the licensee or an employee
                      of the licensee must not mark a utility meter
                      with the licensee's mark without first
                      obliterating any inspector's mark or
                      licensee's mark that the utility meter already
                      bears;
                  (d) a condition that the licensee or an employee
                      of the licensee must not certify a utility
                      meter without using such equipment as is
                      specified by the licensing authority when
                      granting the licence;
                  (e) a condition that if the licensee's mark is
                      made by an employee of the licensee, the
                      licensee must at all times be able from that
                      mark to identify the employee to the
                      administering authority;
                   (f) any other conditions as may be prescribed.




                                   24
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                    Part 5—Licensing
                                                                 s. 32


32. Conditions need not be endorsed on servicing
    licence
         A condition of a servicing licence has effect
         whether or not it is endorsed on the servicing
         licence.
33. Periodic licence fee
     (1) The prescribed licence fee is payable to the
         licensing authority—
          (a) with the application for the servicing licence;
              and
          (b) while the servicing licence is in force or is
              under suspension, not later than one month
              after the commencement of each period for
              which the regulations require the fee to be
              paid.
     (2) The licensing authority may extend and further
         extend the time for payment of the licence fee.
34. Cancellation for non-payment of licence fee
     (1) If the licence fee is not paid, the licensing
         authority may serve on the licensee a notice in
         writing to the effect that the servicing licence will
         be cancelled if the fee is not paid within 14 days
         after the notice is served.
     (2) The licensing authority may cancel the licence if
         the fee is not paid within that time.
35. Surrender of servicing licence
     (1) A licensee may surrender the servicing licence by
         notice in writing given to the licensing authority.
     (2) A servicing licence is not transferable.




                           25
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                           Part 5—Licensing
s. 36


        36. Order preventing employment of certain persons
            (1) The licensing authority may by order in writing
                direct that a specified person—
                  (a) is not to be employed to certify any utility
                      meter; or
                 (b) is not to be employed to certify a specified
                     class or classes of utility meters; or
                  (c) is to be employed to do so only in
                      compliance with specified conditions.
            (2) The licensing authority must not make such an
                order unless satisfied that it is necessary or
                desirable because of the person's lack of
                competency, or lack of fitness in any other
                respect, to exercise the functions concerned.
            (3) If the licensing authority makes an order under
                this section, the licensing authority must—
                  (a) serve a copy of the order, together with a
                      statement of its reasons for making the order,
                      on the person to whom it relates (if the
                      person's whereabouts are known to the
                      licensing authority); and
                 (b) serve a copy of the order on any licensee that
                     the licensing authority knows is employing
                     that person when the order is made.
            (4) It is a condition of a licence that the licensee must
                not employ a person in contravention of an order
                in force under this section.
            (5) It is the responsibility of a licensee to make due
                inquiry of the licensing authority before employing
                a person to establish whether there is an order in
                force under this section in respect of the person.




                                  26
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                    Part 5—Licensing
                                                                 s. 37


37. Grounds for disciplinary action
         Each of the following constitutes grounds for
         disciplinary action against a licensee—
          (a) the licensee has failed to comply with a
              provision of this Act or the regulations or a
              corresponding law or with a condition of the
              servicing licence;
          (b) the licensee has been found guilty of an
              offence involving fraud or dishonesty
              punishable on conviction by imprisonment
              for 3 months or more;
          (c) the activities to which the servicing licence
              relates are being carried on in a dishonest or
              unfair manner;
          (d) the licensing authority would be required by
              section 27 to refuse an application for a
              servicing licence by the licensee (if the
              licensee were not already a licensee);
          (e) the licensee has been refused a servicing
              licence under a corresponding law or is the
              subject of disciplinary action under the
              provision of a corresponding law that
              corresponds to section 39;
          (f) the licensee is not, for any other reason, a fit
              and proper person to continue to hold a
              servicing licence.
38. Notice to licensee of grounds for disciplinary action
     (1) If the licensing authority reasonably suspects that
         there are grounds for disciplinary action against a
         licensee, the licensing authority may serve a
         written notice on the licensee—
          (a) giving full particulars of those grounds,
              including particulars of the reasons for any
              general ground; and



                          27
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                            Part 5—Licensing
s. 39


                  (b) calling on the licensee to show cause within
                      a reasonable period specified in the notice
                      why the licensing authority should not take
                      disciplinary action on those grounds against
                      the licensee under section 39.
             (2) A licensee on whom such a notice is served may,
                 within the period allowed by the notice, make
                 written or oral submissions to the licensing
                 authority on the matters concerned.
        39. Taking of disciplinary action
             (1) If, after consideration of any submissions made by
                 the licensee within the period allowed, the
                 licensing authority is satisfied that grounds for
                 disciplinary action against a licensee have been
                 established, the licensing authority may—
                  (a) reprimand the licensee; or
                  (b) impose a condition on the servicing licence;
                      or
                  (c) suspend the servicing licence for up to
                      12 months; or
                  (d) act under any combination of 2 or more of
                      paragraphs (a), (b) and (c); or
                  (e) cancel the servicing licence and disqualify
                      the former licensee permanently or for a
                      specified period from holding a servicing
                      licence.
             (2) The licensing authority takes any such action by
                 serving written notice of it on the licensee but any
                 action taken is stayed—
                  (a) until the end of the time for lodging an
                      appeal against the decision to take the action;
                      and




                                  28
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                   Part 5—Licensing
                                                                s. 40


         (b) if such an appeal has been duly lodged, until
             determination or abandonment of the appeal,
             unless the Tribunal otherwise orders.
40. Review by Tribunal
    (1) A person may apply to the Tribunal for a review
        of a decision of the licensing authority—
          (a) to refuse the person's application for a
              servicing licence; or
         (b) to make an order under section 36 in respect
             of the person; or
          (c) to impose or vary a condition to which the
              person's servicing licence is to be subject; or
         (d) to reprimand the person as a licensee; or
          (e) to suspend the person's servicing licence; or
          (f) to cancel the person's servicing licence and
              disqualify the former licensee from holding a
              servicing licence.
    (2) An application for review must be made within
        28 days after the later of—
          (a) the day on which the decision is made; or
         (b) if, under the Victorian Civil and
             Administrative Tribunal Act 1998, the
             person requests a statement of reasons for the
             decision, the day on which the statement of
             reasons is given to the person or the person is
             informed under section 46(5) of that Act that
             a statement of reasons will not be given.
    (3) If a provision of the Victorian Civil and
        Administrative Tribunal Act 1998 is
        inconsistent with a provision of this Act, the
        provision of this Act prevails.
               __________________




                          29
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                          Part 6—Enforcement
s. 41



                     PART 6—ENFORCEMENT

        41. Inspector's certificates of authority
                 The administering authority must issue a
                 certificate of authority to each inspector in the
                 form determined by the administering authority.
        42. Inspector's certificate of authority to be produced
                 An inspector exercising or proposing to exercise a
                 function under this Act must, on request, produce
                 the inspector's certificate of authority
        43. Powers of entry
             (1) For the purpose of—
                  (a) investigating an offence against this Act or
                      the regulations that the inspector reasonably
                      believes has been committed; or
                  (b) exercising any function of an inspector under
                      this Act—
                 an inspector may at any reasonable time enter and
                 search a building or place.
             (2) An inspector is not entitled to enter a part of
                 premises used for residential purposes, except—
                  (a) with the consent of the occupier; or
                  (b) under the authority of a search warrant.
        44. Search warrant
             (1) With the approval of the administering authority,
                 an inspector may apply to a magistrate for the
                 issue of a search warrant in relation to particular
                 premises if the inspector believes on reasonable
                 grounds that there is, or may be within the next
                 72 hours, on the premises a particular thing that
                 may be evidence of the commission of an offence
                 against this Act or the regulations.



                                  30
Utility Meters (Metrological Controls) Act 2002
                Act No. 48/2002
               Part 6—Enforcement
                                                             s. 44


 (2) If a magistrate is satisfied by the evidence on oath,
     whether oral or by affidavit, that there are
     reasonable grounds for suspecting that there is, or
     may be within the next 72 hours, on the premises
     a particular thing that may be evidence of the
     commission of an offence against this Act or the
     regulations, the magistrate may issue a search
     warrant authorising an inspector named in the
     warrant and any assistants the inspector considers
     necessary—
       (a) to enter the premises, or the part of premises,
           named or described in the warrant; and
      (b) to search for and seize a thing named or
          described in the warrant.
 (3) In addition to any other requirement, a search
     warrant issued under this section must state—
       (a) the offence suspected; and
      (b) the premises to be searched; and
       (c) a description of the thing for which the
           search is to be made; and
      (d) any conditions to which the warrant is
          subject; and
       (e) whether entry is authorised to be made at any
           time or during stated hours; and
       (f) a day, not later than 7 days after the issue of
           the warrant, on which the warrant ceases to
           have effect.
 (4) A search warrant must be issued in accordance
     with the Magistrates' Court Act 1989 and in the
     form prescribed under that Act.
 (5) The rules to be observed with respect to search
     warrants mentioned in the Magistrates' Court
     Act 1989 extend and apply to warrants under this
     section.


                       31
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                           Part 6—Enforcement
s. 45


             (6) Before executing a search warrant, the inspector
                 named in the warrant or a person assisting the
                 inspector must announce that he or she is
                 authorised by the warrant to enter the premises
                 and give any person at the premises an
                 opportunity to allow entry to the premises.
             (7) The inspector or a person assisting the inspector
                 need not comply with sub-section (6) if he or she
                 believes on reasonable grounds that immediate
                 entry to the premises is required to ensure—
                  (a) the safety of any person; or
                  (b) that the effective execution of the search
                      warrant is not frustrated.
             (8) If the occupier or another person who apparently
                 represents the occupier is present at the premises
                 when a search warrant is being executed, the
                 inspector must—
                  (a) identify himself or herself to that person by
                      producing his or her certificate of authority
                      for inspection by that person; and
                  (b) give to that person a copy of the execution
                      copy of the warrant.
        45. Powers in relation to utility meters
             (1) If an inspector reasonably believes that a utility
                 meter is used for trade, the inspector may—
                  (a) examine and test the utility meter; and
                  (b) require a person in the building or place
                      where the utility meter is found to answer
                      questions, or produce records under the
                      person's control, concerning the utility meter
                      or its use; and




                                   32
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                   Part 6—Enforcement
                                                                 s. 46


          (c) make copies of or take extracts from records
              so produced—
         and, if the inspector reasonably believes that an
         offence against this Act or the regulations has
         been committed involving the utility meter, may
         seize and retain the instrument and any records so
         produced.
     (2) The inspector may record the details of any utility
         meter that is examined or tested under this section
         in the way the inspector considers appropriate,
         including by filming or photographing.
46. Return of seized property
     (1) If an inspector seizes a utility meter or other thing
         and—
          (a) proceedings for an offence against this Act
              or the regulations in connection with the
              utility meter or thing are not instituted within
              6 months after seizure; or
          (b) proceedings for such an offence are
              instituted within that period but the
              defendant is not (on the determination of
              those proceedings, whether or not within that
              period) convicted of an offence—
         the person from whom the utility meter or thing
         was seized is, on application to the administering
         authority, entitled to its return.
     (2) If an application for return of the utility meter or
         other thing is not made within 3 months after the
         entitlement to its return arises, the administering
         authority may dispose of it as the administering
         authority thinks fit.
     (3) If, in proceedings for an offence against this Act
         or the regulations, the court—
          (a) finds the offence proved; and



                           33
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                          Part 6—Enforcement
s. 47


                 (b) finds that the offence concerned a utility
                     meter or other thing seized and retained by
                     an inspector—
                the court may order that the utility meter or other
                thing be forfeited to the State.
        47. Obstruction of inspector
                A person is guilty of an offence if the person—
                  (a) hinders or obstructs an inspector when the
                      inspector is exercising any function of an
                      inspector under this Act; or
                 (b) does not, when required to do so by an
                     inspector exercising a function under this
                     Act, produce for examination and testing any
                     utility meter in the possession, or under the
                     control, of the person; or
                  (c) fails to comply with a requirement of an
                      inspector made under the authority of this
                      Act; or
                 (d) is reasonably suspected by the inspector of
                     having committed, or of having been
                     involved in the commission of, an offence
                     against this Act or the regulations and fails to
                     state his or her true name and residential
                     address on being required to do so by an
                     inspector (so long as the inspector warns the
                     person that it is an offence to fail to do so);
                     or
                  (e) assaults or directly or indirectly threatens an
                      inspector while the inspector is exercising
                      the functions of an inspector; or
                  (f) impersonates an inspector or otherwise
                      falsely pretends to be engaged in or
                      associated with the administration of this
                      Act.
                Penalty: 100 penalty units.


                                  34
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                   Part 6—Enforcement
                                                                 s. 48


48. Protection against self-incrimination
     (1) It is a reasonable excuse for a natural person to
         refuse or fail to give information or do any other
         thing that the person is required to do by or under
         this Part, if the giving of the information or the
         doing of that other thing would tend to incriminate
         the person.
     (2) Despite sub-section (1), it is not a reasonable
         excuse for a natural person to refuse or fail to
         produce a document that the person is required to
         produce by or under this Part, if the production of
         the document would tend to incriminate the
         person.
49. Entry to be reported to the administering authority
     (1) If an inspector exercises a power of entry under
         this Part, the inspector must report the exercise of
         the power to the administering authority within
         7 days after the entry.
     (2) The report must include all relevant details of the
         entry including particulars of—
          (a) the time and place of the entry; and
          (b) the purpose of the entry; and
          (c) the things done while on the premises,
              including details of things seized, copies
              made and extracts taken; and
          (d) the time of departure from the premises.
50. Register of exercise of powers of entry
         The administering authority must keep a register
         containing the particulars of all matters reported to
         the administering authority under section 49.




                           35
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                          Part 6—Enforcement
s. 51


        51. Complaints
             (1) Any person may complain to the administering
                 authority about the exercise of a power by an
                 inspector under this Part.
             (2) The administering authority must—
                  (a) investigate any complaint made to the
                      administering authority; and
                  (b) provide a written report to the complainant
                      on the results of the investigation.
        52. Confidentiality
             (1) An inspector must not, except to the extent
                 necessary to carry out the inspector's functions
                 under this Act, give to any other person, whether
                 directly or indirectly, any information acquired by
                 the inspector in carrying out those functions.
                 Penalty: 60 penalty units.
             (2) Sub-section (1) does not apply to the giving of
                 information—
                  (a) to a court or tribunal in the course of legal
                      proceedings; or
                  (b) pursuant to an order of a court or tribunal; or
                  (c) to the extent reasonably required to enable
                      the investigation or the enforcement of a law
                      of this State or of any other State or Territory
                      or of the Commonwealth; or
                  (d) with the written authority of the
                      administering authority; or
                  (e) with the written authority of the person to
                      whom the information relates.




                                  36
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                   Part 6—Enforcement
                                                                s. 53


53. Service
     (1) If any notice or order is required under this Act to
         be given to or served on the occupier of any
         premises, the notice or order may be addressed to
         the occupier without further name or description
         and may be given or served by—
          (a) leaving it with a person on the premises who
              is apparently at least 16 years old; or
          (b) sending it by certified mail to the occupier at
              the address of the premises; or
          (c) fixing the notice or order or a copy of the
              notice or order on a conspicuous part of the
              premises.
     (2) If any notice or order is required under this Act to
         be given to or served on a person, it may be given
         or served by—
          (a) giving it or serving it personally on the
              person; or
          (b) leaving it at or sending it by post to the
              person at that person's usual or last known
              residential or business address.
     (3) Any notice or order served for the purposes of this
         Act on an owner of any premises is if due service
         has been made on an owner binding on all persons
         claiming by, from or under, that owner and on all
         subsequent owners to the same extent as if the
         notice or order has been served on each of them.
     (4) The provisions of this section are in addition to
         and not in derogation from the provisions of the
         Corporations Act.




                          37
                    Utility Meters (Metrological Controls) Act 2002
                                    Act No. 48/2002
                                    Part 6—Enforcement
 s. 54


                 54. Power to serve a notice
                      (1) If an authorised officer has reason to believe that a
                          person has committed an offence against any
                          section of this Act or against any regulation made
                          under this Act which is prescribed for the
                          purposes of this section, the authorised officer
                          may serve an infringement notice on that person.
S. 54(2)              (2) An offence referred to in sub-section (1) for which
substituted by
No. 32/2006               an infringement notice may be served is an
s. 94(Sch.                infringement offence within the meaning of the
item 50(1)).
                          Infringements Act 2006.
Ss 55, 56                *           *            *           *           *
repealed by
No. 32/2006
s. 94(Sch.
item 50(2)).


                 57. Penalties to be paid for offences under infringement
                     notices
                          The penalty for an offence for which an
                          infringement notice has been issued is the penalty
                          not exceeding 20 penalty units as is prescribed by
                          the regulations and which must not exceed the
                          penalty fixed by the Act for that offence.
Ss 58, 59                *           *            *           *           *
repealed by
No. 32/2006
s. 94(Sch.
item 50(2)).


                 60. Time for instituting proceedings for offence
                          Despite anything to the contrary in any Act,
                          proceedings for an offence under this Act or the
                          regulations may be instituted at any time before
                          the expiration of the period of 3 years that next
                          succeeds the commission of the offence.




                                            38
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                   Part 6—Enforcement
                                                                 s. 61


61. Increased penalty for body corporate
         The maximum penalty for an offence under a
         provision of this Act or the regulations committed
         by a body corporate is a fine that is 5 times the
         fine provided for in the provision as the penalty.
62. Compensation for loss caused by offence
     (1) If a person is convicted of an offence under this
         Act or the regulations and the court considers that
         the commission of the offence caused another
         person to suffer pecuniary loss, the court may
         order the convicted person to pay to the other
         person a specified amount of compensation for the
         loss.
     (2) The court may make such an order whether or not
         it imposes a penalty for the offence.
     (3) The amount ordered to be paid may be recovered
         in a court of competent jurisdiction as a debt due
         by the convicted person to the other person.
63. Application of Fair Trading Act 1999                       S. 63
                                                               substituted by
                                                               No. 103/2004
     (1) Sections 106HA, 143 and 144 and Division 2 of         s. 84.
         Part 11 (except sections 151A, 151B, 151C, 153
         and 155) of the Fair Trading Act 1999 extend
         and apply (with any necessary modifications) to
         this Act as if any reference in those provisions to
         the Fair Trading Act 1999 were a reference to
         this Act.
     (2) For the purposes of sub-section (1), section 154 of
         the Fair Trading Act 1999 applies as if a
         reference to prescribed proceedings were a
         reference to—
          (a) proceedings for an offence against a
              provision of this Act (except section 47); or




                          39
                  Utility Meters (Metrological Controls) Act 2002
                                  Act No. 48/2002
                                   Part 6—Enforcement
 s. 65


                           (b) proceedings on an application for an
                               injunction under section 149, 149A or 150 of
                               the Fair Trading Act 1999 (as applied by
                               sub-section (1)) against a person alleged to
                               have contravened a provision of this Act
                               (except section 47); or
                           (c) proceedings on an application for an order
                               under section 158, or for damages under
                               section 159, of the Fair Trading Act 1999
                               (as applied by sub-section (1)).
S. 64                  *             *           *           *              *
repealed by
No. 103/2004
s. 84.



               65. False or misleading statements
                    (1) A person is guilty of an offence if the person
                        makes a statement that is false or misleading in a
                        material particular in—
                           (a) an application for a servicing licence; or
                           (b) an answer to a question asked by an
                               inspector; or
                           (c) a statement of a name or address to an
                               inspector.
                        Penalty: 20 penalty units.
                    (2) It is a defence in proceedings for such an offence
                        if it is established that, when the statement was
                        made, the defendant believed on reasonable
                        grounds that the statement was true and not
                        misleading.




                                           40
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                  Part 6—Enforcement
                                                                 s. 66


66. Evidence—signature of Minister or administering
    authority
         A signature purporting to be the signature of—
          (a) the Minister; or
          (b) the administering authority; or
          (c) a delegate of the Minister; or
          (d) a delegate of the administering authority—
         is presumed to be the signature it purports to be,
         unless the contrary is established.
67. Certificate evidence
         The following certificates are evidence of the
         matters they certify, in the absence of evidence to
         the contrary—
          (a) a certificate purporting to have been issued
              by the Minister to the effect that a person
              specified in the certificate is or was the
              administering authority at a time, or during a
              period, specified in the certificate;
          (b) a certificate purporting to have been issued
              by the administering authority to the effect
              that a person specified in the certificate was
              or was not an inspector, or was or was not
              the holder of a specified class of servicing
              licence, at a time, or during a period,
              specified in the certificate;
          (c) a certificate purporting to have been issued
              by the administering authority as to the result
              of the examination of a utility meter, and the
              testing of its calibration, under section 18(5).




                           41
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                          Part 6—Enforcement
s. 68


        68. Evidence of use of utility meter for trade
                 The possession of a utility meter by a person
                 carrying on trade or the presence of a utility meter
                 on premises or in a place used by another person
                 is evidence that the person uses the instrument for
                 trade, in the absence of evidence to the contrary.
        69. Double jeopardy
             (1) If an act or omission is both an offence under this
                 Act or the regulations and an offence under a law
                 of the Commonwealth, or of another State, or of a
                 Territory, a person who—
                  (a) is convicted of the offence under that law; or
                  (b) is found by a court to have committed the
                      offence under that law but is not convicted—
                 is not liable to be proceeded against for the
                 offence under this Act or the regulations.
             (2) In proceedings under this Act, a certificate that
                 complies with sub-section (3) in relation to a
                 conviction or finding of a court is conclusive
                 evidence of the conviction or finding unless it is
                 proved—
                  (a) that the conviction was quashed or set aside;
                      or
                  (b) that the finding was set aside or reversed.
             (3) A certificate complies with this sub-section if it—
                  (a) is signed by the registrar or other proper
                      officer of the court that directed the
                      conviction or made the finding; and
                  (b) is to the effect—
                        (i) that a named person was, on a stated
                            date, convicted by that court of a
                            specified offence; or




                                  42
Utility Meters (Metrological Controls) Act 2002
                Act No. 48/2002
              Part 6—Enforcement
                                                           s. 69


           (ii) that a named person charged with a
                specified offence was, on a stated date,
                found by that court to have committed
                the offence but was not convicted.
            __________________




                      43
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                            Part 7—General
s. 70



                        PART 7—GENERAL

        70. Codes of Conduct
            (1) The administering authority may make and
                approve Codes of Conduct for the purposes of this
                Act.
            (2) The administering authority may adopt and
                approve a Code of Conduct which—
                  (a) applies in respect of utility meters used for
                      trade in an industry; and
                 (b) is in force on the relevant prescribed date for
                     that industry.
            (3) A Code of Conduct approved under sub-section
                (2) is to continue in force for the period that it is
                approved.
            (4) The administering authority must publish a Code
                of Conduct approved under this section in the
                Government Gazette.
            (5) A Code of Conduct approved under sub-section
                (1) must not be inconsistent with this Act or the
                regulations.
            (6) A Code of Conduct approved under sub-section
                (2) is to be given effect to despite any
                inconsistency with this Act or the regulations.
            (7) If a Code of Conduct approved under this section
                applies, compliance with the Code of Conduct is
                to be taken to be compliance with the relevant
                requirements under this Act or the regulations or
                of any licence or condition of a licence.




                                   44
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                     Part 7—General
                                                                s. 71


71. Certification fees
     (1) A servicing licence may include a condition that
         the licensee must pay the prescribed certification
         fee to the administering authority in respect of any
         certification of a utility meter under this Act.
     (2) Regulations under this Act may make provision
         for or with respect to the payment of certification
         fees, including—
          (a) as to the time within which the fees must be
              paid;
          (b) requiring the submission by a licensee of
              returns as to the number and nature of utility
              meters certified by the licensee during the
              period to which the return relates;
          (c) requiring the verification of any such return
              by statutory declaration.
72. Other fees and charges may be prescribed
     (1) Regulations may be made under this Act for and
         with respect to the imposition, collection and
         recovery of fees and charges for the purposes of
         this Act including—
          (a) application fees;
          (b) licence fees;
          (c) fees payable for the issue of amended
              servicing licences or certificates and for the
              issue of duplicate servicing licences and
              certificates;
          (d) charges payable where an inspector keeps an
              appointment to examine or test a utility
              meter but is unable to carry out the
              examination or testing because the utility
              meter is unavailable or inaccessible or access
              to it is unreasonably refused;




                          45
           Utility Meters (Metrological Controls) Act 2002
                           Act No. 48/2002
                            Part 7—General
s. 73


                  (e) charges in connection with the examination
                      and testing of utility meters, including
                      testing by sample, payable by holders of
                      servicing licences;
                  (f) charges payable by a person where the use of
                      specified labour or equipment provided by
                      the administering authority is necessary for
                      the exercise of the functions of an inspector;
                 (g) charges payable for the use by a person of
                     specified equipment provided by the
                     administering authority;
                 (h) charges payable for the assessment of
                     accreditation for the granting of servicing
                     licences.
            (2) The regulations may provide for a fee or charge
                under sub-section (1)(h) to be calculated on a time
                basis.
            (3) The regulations may provide for the fee payable
                under section 33 for a servicing licence to be a
                specified amount or an amount calculated in a
                specified manner.
        73. Recovery of unpaid fees and charges
                A fee or charge payable under this Act is
                recoverable as a debt due to the Crown.
        74. Regulations
            (1) The Governor in Council may make regulations
                for or with respect to any matter or thing required
                or permitted by this Act to be prescribed or
                necessary to be prescribed to give effect to this
                Act.
            (2) Without limiting or derogating from sub-
                section (1) or any other provision of this Act,
                regulations made under this Act may include
                regulations for or with respect to—



                                 46
Utility Meters (Metrological Controls) Act 2002
                Act No. 48/2002
                 Part 7—General
                                                               s. 74


       (a) the administration of this Act;
      (b) transitional arrangements consequent on the
          application of this Act to utility meters used
          for trade in an industry on the relevant
          prescribed date in respect of that industry;
       (c) the provision, maintenance, custody and care
           of standards of measurement;
      (d) regulating, prohibiting or restricting the use
          of utility meters for trade;
       (e) limiting the purposes for which specified
           utility meters may lawfully be used or
           specifying the utility meters required to be
           used for specified purposes;
       (f) the re-verification or certification of utility
           meters;
      (g) the positioning of, and access to, utility
          meters in order to facilitate their use for
          trade, their examination by an inspector or
          licensee and their re-verification or
          certification;
      (h) the provision of, and payment and recovery
          of the costs of, labour, materials, equipment
          and transportation necessary for the purpose
          of examining, testing, or re-verifying a utility
          meter;
       (i) the sealing of a certified or re-verified utility
           meter;
       (j) batch testing and quality assurance in
           relation to utility meters and the provision of
           labour, facilities and equipment for those
           purposes;
      (k) the provision or taking of samples of utility
          meters and the testing of the samples;




                       47
        Utility Meters (Metrological Controls) Act 2002
                        Act No. 48/2002
                         Part 7—General
s. 74


               (l) conditionally or unconditionally conferring
                   specified functions of an inspector on a
                   person who has similar functions under a
                   corresponding law;
              (m) the keeping of records relating to utility
                  meters.
         (3) A power conferred by this Act to make
             regulations may be exercised—
               (a) either in relation to all cases to which the
                   power extends, or in relation to all those
                   cases subject to specified exceptions, or in
                   relation to any specified case or class of
                   case; and
              (b) so as to make, as respects the cases in
                  relation to which it is exercised—
                    (i) the same provision for all cases in
                        relation to which the power is
                        exercised, or different provision for
                        different cases or classes of case, or
                        different provisions for the same case
                        or class of case for different purposes;
                        or
                    (ii) any such provision either
                         unconditionally or subject to any
                         specified condition.
         (4) Regulations made under this Act may be made—
               (a) so as to apply—
                    (i) at all times or at a specified time; or
                    (ii) throughout the whole of the State or in
                         a specified part of the State; or
                   (iii) as specified in both sub-paragraphs (i)
                         and (ii); and




                               48
Utility Meters (Metrological Controls) Act 2002
                Act No. 48/2002
                 Part 7—General
                                                           s. 74


      (b) so as to require a matter affected by the
          regulations to be—
            (i) in accordance with a specified standard
                or specified requirement; or
            (ii) approved by or to the satisfaction of a
                 specified person or body or a specified
                 class of persons or bodies; and
       (c) authorise any matter or thing to be from time
           to time determined, applied or regulated by
           the administering authority or the licensing
           authority.
      (d) so as to provide in a specified case or class
          of case for the exemption of persons or
          things or a class of persons or things from
          any of the provisions of the regulations,
          whether unconditionally or on specified
          conditions and either wholly or to such an
          extent as is specified; and
       (e) so as to impose a penalty not exceeding
           20 penalty units or 6 months imprisonment
           for a contravention of the regulations.
 (5) A power conferred by this Act to make
     regulations providing for the imposition of fees or
     charges may be exercised by providing for all or
     any of the following matters—
       (a) specific fees or charges;
      (b) maximum or minimum fees or charges;
       (c) maximum and minimum fees or charges;
      (d) scales of fees or charges according to the
          value of goods or services provided for the
          fees;
       (e) the payment of fees or charges either
           generally or under specified conditions or in
           specified circumstances;


                       49
        Utility Meters (Metrological Controls) Act 2002
                        Act No. 48/2002
                         Part 7—General
s. 74


               (f) the reduction, waiver or refund, in whole or
                   in part, of the fees or charges;
              (g) payment of fees or charges by instalments,
                  including the recovery of and payment of
                  interest on arrears.
         (6) If under sub-section (5)(f) regulations provide for
             a reduction, waiver or refund, in whole or in part,
             of a fee or charge, the reduction, waiver or refund
             may be expressed to apply either generally or
             specifically—
               (a) in respect of certain matters or transactions
                   or classes of matters or transactions; or
              (b) in respect of certain documents or classes of
                  documents; or
               (c) when an event happens; or
              (d) in respect of certain persons or classes of
                  persons; or
               (e) in respect of any combination of matters,
                   transactions, documents, events or persons—
             and may be expressed to apply subject to specified
             conditions or at the discretion of any specified
             person or body.
                    __________________




                               50
   Utility Meters (Metrological Controls) Act 2002
                   Act No. 48/2002
                 Part 8—Consequential
                                                               s. 75



           PART 8—CONSEQUENTIAL

75. New section 171A inserted in Water Act 1989
        After section 171 of the Water Act 1989 insert—
     "171A. Limitation on power to make by-laws
         (1) This section applies as from the relevant
             prescribed date for the water industry under
             the Utility Meters (Metrological Controls)
             Act 2002.
         (2) As from the relevant prescribed date, an
             Authority must not exercise the power to
             make by-laws under section 160, 161 or 171
             to make by-laws which are inconsistent with
             the Utility Meters (Metrological Controls)
             Act 2002 or regulations made under that Act.
         (3) Any by-law whether made before or after the
             relevant prescribed date is invalid to the
             extent that it is inconsistent with the Utility
             Meters (Metrological Controls) Act 2002
             or regulations made under that Act.".
               ═══════════════




                         51
                       Utility Meters (Metrological Controls) Act 2002
                                       Act No. 48/2002

Endnotes



                                            ENDNOTES

           1. General Information
             Minister's second reading speech—
             Legislative Assembly: 16 May 2002
             Legislative Council: 10 October 2002
             The long title for the Bill for this Act was "to enact trade measurement
             legislation in respect of utility meters, to consequentially amend the Water
             Act 1989 and for other purposes."
             The Utility Meters (Metrological Controls) Act 2002 was assented to on
             22 October 2002 and came into operation on 1 January 2003: section 2(2).




                                                  52
            Utility Meters (Metrological Controls) Act 2002
                            Act No. 48/2002

                                                                                       Endnotes


2. Table of Amendments
  This Version incorporates amendments made to the Utility Meters
  (Metrological Controls) Act 2002 by Acts and subordinate instruments.
  –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
  Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
       Assent Date:          21.12.04
       Commencement Date:    S. 84 on 22.12.04: s. 2(1)
       Current State:        This information relates only to provision/s amending
                             the Utility Meters (Metrological Controls) Act 2002
  Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
       Assent Date:            13.6.06
       Commencement Date:      S. 94(Sch. item 50) on 1.7.06: Government Gazette
                               29.6.06 p. 1315
       Current State:          This information relates only to provision/s amending
                               the Utility Meters (Metrological Controls) Act 2002
  –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––




                                          53
                       Utility Meters (Metrological Controls) Act 2002
                                       Act No. 48/2002

Endnotes


           3. Explanatory Details
             No entries at date of publication.




                                                  54

				
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