18GRMeasuring instrument taken not to have failed test procedures in certain circumstances

#### 18GR Measuring instrument taken not to have failed test procedures in certain circumstances When this section applies (1) This section applies if: (a) a person uses a measuring instrument for trade; and (b) a trade measurement inspector, in the course of exercising powers or performing functions or duties under this Act or the regulations, becomes aware that: (i) the measuring instrument no longer complies with the requirements for verification set out in section 18GK when tested in accordance with the national instrument test procedures; or (ii) if the measuring instrument is treated as one of a batch under the national instrument test procedures—the measuring instrument is one of a batch that no longer complies with the requirements for verification set out in section 18GK when tested in accordance with those procedures. Trade measurement inspector may give direction (2) A trade measurement inspector may give a person a direction in accordance with this section requiring the person to take specified action in relation to the matter that gave rise to the failure of the measuring instrument, or batch of instruments, when tested. (3) A direction may only be given by the inspector if the inspector is satisfied that the matter that gave rise to the failure of the measuring instrument, or batch of instruments, when tested will not materially affect the accuracy of the instrument if the direction is complied with. Requirements for direction (4) A direction given under subsection (2) must: (a) be in writing; and (b) set out the name of the person to whom it is given; and (c) set out the name of the trade measurement inspector who gave the direction; and (d) state that the direction is given under this Act; and (e) state the period within which the action must be taken, in accordance with subsection (5); and (f) set out brief details of the reasons why the direction has been given; and (g) set out brief details of the matter that gave rise to the failure of the measuring instrument, or batch of instruments, when tested; and (h) explain the consequences of failing to comply with the direction; and (i) set out any other matters prescribed by the regulations. (5) The period stated in the direction must: (a) be a period of no more than 28 days; and (b) begin the day after the direction is given. Effect of complying with direction—instrument taken not to have failed test procedures (6) Where: (a) a direction is given to a person in accordance with this section in relation to a matter; and (b) the person complies with that direction; then, for the purposes of this Act and the regulations, the measuring instrument, or batch of instruments, is taken not to have failed when tested because of that matter. > Note: A defendant bears an evidential burden in relation to the matter in paragraph (6)(b) (see subsection 13.3(3) of the Criminal Code). (7) To avoid doubt, the giving of a direction under this section to a person does not affect the liability of the person for a contravention of this Act or the regulations that is alleged to have occurred before the direction was given. Direction not legislative instrument (8) A direction given under this section is not a legislative instrument.