Part 8Dealing with verification, certification, approval and appointment other than on application

## Part 1—Preliminary #### 1 Name of regulations These regulations are the National Measurement Regulations 1999. #### 3 Definitions In these regulations, unless the contrary intention appears: > Act means the National Measurement Act 1960. > approval, of a pattern of a measuring instrument, means approval of the pattern under regulation 60. > approval holder means the person in whose name a certificate of approval is in force. > approved pattern, of a measuring instrument, means the pattern approved under regulation 60. > approving authority means: (a) for patterns of measuring instruments generally—the Chief Metrologist; or (b) for a particular pattern of a measuring instrument—a body or person appointed under subregulation 76(1) in relation to patterns of measuring instruments of the same kind as the particular pattern of a measuring instrument. > artefact means a physical object that is not a standard of measurement. > Australian certified reference material means a reference material certified under regulation 48. > certificate means: (a) a certificate of verification; or (b) a certificate issued under regulation 37 or 48; or (c) a certificate of approval. > certificate of approval means a certificate issued under regulation 60. > certificate of verification means: (a) a certificate issued under regulation 13; or (b) a certificate issued under regulation 34C; or (c) a batch verification certificate issued under regulation 2.36B of the National Trade Measurement Regulations 2009. > certification means: (a) for a measuring instrument—certification of the instrument under regulation 37; and (b) for a reference material—certification of the material under regulation 48. > certified measuring instrument means a measuring instrument certified under regulation 37. > certifying authority means: (a) for measuring instruments generally—the Chief Metrologist; or (b) for reference materials generally—the Chief Metrologist; or (c) for a particular measuring instrument or reference material—a body or person appointed under regulation 73 in relation to measuring instruments or reference materials of the same kind as the particular measuring instrument or reference material. > defence equipment means equipment used, or intended for use, by the Defence Force. > Inspectors’ Class 1 standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulations 27 and 32 for the maximum permissible uncertainty and the maximum permissible variation of an Inspectors’ Class 1 standard. > Inspectors’ Class 2 standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulations 28 and 33 for the maximum permissible uncertainty and the maximum permissible variation of an Inspectors’ Class 2 standard. > Inspectors’ Class 3 standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulations 29 and 34 for the maximum permissible uncertainty and the maximum permissible variation of an Inspectors’ Class 3 standard. > legal measuring instrument means a measuring instrument used, or intended for use, in the determination of a physical quantity: (a) for: (i) law enforcement; or (ii) demonstrating compliance, or lack of compliance, with a law of the Commonwealth or of a State or Territory; or (b) that is, or may be, relevant to a proceeding in which the quantity is an issue. > linear interpolation, for a denomination, means a calculation of an amount that is in a linear sequence between the amounts stated for the denominations that are immediately smaller and larger than the denomination. > maximum permissible error, for a material measure or measuring instrument, means the maximum limit of error that: (a) if a certificate is issued on or after 1 July 2007 for the material measure or measuring instrument—is mentioned in the certificate; or (b) otherwise—is mentioned in Schedule 1 of the National Trade Measurement Regulations 2009 or Schedule 12 to these Regulations, for a material measure or measuring instrument of that kind. > Note: Paragraph (b) extends to certificates of approval that refer to Document 118, Schedule of Maximum Permissible Errors for Trade Measuring Instruments, published by the former National Standards Commission in 1986, as the source of maximum permissible errors. > maximum permissible uncertainty, for a standard of measurement, means the maximum uncertainty permitted in the verification of the standard under these Regulations. > maximum permissible variation, for a standard of measurement, means the maximum amount by which the standard may differ from the denomination indicated by the standard in these Regulations. > point of sale system means a component of a measuring instrument that is: (a) approved for use for trade; and (b) used for creating labels, receipts or documents; and (c) able to convert the result of a measurement made by the measuring instrument; and (d) not able to control the measuring instrument or to affect its metrological performance. > recertification, for a measuring instrument or reference material, means certification of the instrument or material after the initial certification of the instrument or material. > reverification, for a standard of measurement or a measuring instrument, means verification of the standard or instrument after the initial verification of the standard or instrument. > SI, for a unit of measurement, means the system of measurement known as the International System of Units. > SI definition of a unit of measurement means the definition of the unit in Appendix 3 to Resolution 1 adopted by the General Conference on Weights and Measures at its 26th meeting, held at Versailles from 13 to 16 November 2018. > Note: The Appendix could in 2019 be viewed on the International Bureau of Weights and Measures website (https://www.bipm.org/). > State secondary standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulation 25 for the maximum permissible uncertainty of a State secondary standard. > State tertiary standard means a reference standard of measurement that has been verified in accordance with regulation 13 and that complies with the requirements of regulation 26 for the maximum permissible uncertainty of a State tertiary standard. > time, for a standard of measurement, means time that is not derived from the calendar. > variant means a change made to the pattern of an instrument, subject to the arrangement of the components of the instrument and the measuring element being substantially of the same design as that of the approved pattern. > verification means: (a) for a standard of measurement—verification of the standard under regulation 13; or (b) for an artefact—verification of a physical quantity of an artefact under regulation 34C. > verifying authority: (a) for all standards of measurement and artefacts—means the Chief Metrologist; and (b) for Australian secondary standards of measurement of ionising radiation—includes: (i) the Chief Executive Officer of the Australian Nuclear Science and Technology Organisation; and (ii) the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency; and (c) for a particular reference standard of measurement—includes a body or person appointed under regulation 73 in relation to reference standards of measurement of the same kind as the particular reference standard of measurement; and (d) for a particular artefact—includes a body or person appointed under regulation 73 in relation to an artefact of the same kind as the particular artefact. #### 4 References to appointments, approvals and certificates (1) In these regulations: (a) a reference to an appointment as a certifying, verifying or approving authority, or approval of the pattern of a measuring instrument, includes a reference to the appointment or approval as varied; and (b) a reference to variation or cancellation of the appointment or approval includes a reference to variation or cancellation of the instrument of appointment or certificate of approval; and (c) a reference to variation of the appointment or approval includes a reference to a variation of a condition of the appointment or approval by addition, omission or substitution. (2) In these regulations, a reference to a certificate issued by a certifying, verifying or approving authority is a reference to a certificate of that kind that is signed: (a) if the authority is a body corporate—by an officer or employee of the body authorised in writing by the body to sign and issue certificates of the same kind as the certificate; or (b) if the authority is not a body corporate: (i) by the authority; or (ii) by a person authorised in writing by the authority in accordance with a permission given under regulation 71. ## Part 2—Units of measurement #### 5 Australian legal units of measurement (Act, s 7A(1)) The Australian legal unit of measurement for a physical quantity mentioned in an item in Schedule 1 is the unit of measurement the name, symbol and definition of which are mentioned in the item. > Note: The Chief Metrologist may issue written guidelines governing the way in which Australian legal units of measurement may be combined to produce an Australian legal unit of measurement—see Act, paragraph 7B(1)(a). #### 6 Additional legal units of measurement (Act, s 7A(2)) (1) Each unit of measurement for a physical quantity mentioned in column 2 in an item in Part 1 of Schedule 2, the name, symbol and definition of which are mentioned in the item, is an additional legal unit of measurement. (2) An additional legal unit of measurement may be used: (a) for a purpose mentioned in Part 2 of Schedule 2; and (b) if paragraph (a) applies—in an agreement, arrangement or other instrument. #### 7 Prefixes specifying numerical values (Act, s 7A(3)) A prefix the name and symbol of which are set out in an item in Schedule 3 is prescribed as specifying the numerical value in column 2 in the item. > Note: The Chief Metrologist may issue written guidelines governing the way in which Australian legal units of measurement or a combination of Australian legal units of measurement may be combined with these prefixes to produce Australian legal units of measurement—see Act, paragraph 7B(1)(b). ## Part 3—Standards of measurement ### Division 1—General #### 8 Definition for Part 3 In this Part: > verify includes reverify. #### 9 Verification of Australian secondary standard of measurement (1) The Chief Metrologist may verify an Australian secondary standard of measurement. (2) The Chief Executive Officer of the Australian Nuclear Science and Technology Organisation may verify an Australian secondary standard of measurement of ionising radiation. (3) The Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency may verify an Australian secondary standard of measurement of ionising radiation. #### 10 Verification of standards of measurement generally (1) This regulation does not apply to verification of a State primary standard of measurement. > Note: For verification of State primary standards of measurement, see section 9 of the Act. (2) Verification of a standard of measurement must be conducted in an appropriate way, having regard to the nature of the standard of measurement. ### Division 2—Verification of standards of measurement #### 11 Application of Division 2 This Division does not apply to: (a) an Australian primary or secondary standard of measurement; or (b) a State primary standard of measurement. > Note: For verification of State primary standards of measurement, see section 9 of the Act. #### 12 Application for verification of standards of measurement (1) Application may be made for verification of a standard of measurement. (2) An application must be: (a) made in the form provided by the Chief Metrologist to verifying authorities for issue to applicants; and (b) accompanied by the standard of measurement; and (c) given to a relevant verifying authority. (3) The verifying authority may, by written notice given to the applicant, require the applicant to lodge with the authority any additional information that the authority needs to consider the application properly. (4) The verifying authority may refuse to proceed with the application until the applicant complies with the notice. #### 13 Verification of standards of measurement (1) On application under regulation 12, the verifying authority: (a) may verify a standard of measurement; and (b) if the standard is verified—must issue a certificate of verification to the applicant; and (c) may issue a copy of the certificate to anyone else the authority considers should be given a copy. (2) The Chief Metrologist may verify a standard of measurement other than on application. (2A) A verifying authority other than the Chief Metrologist: (a) may, with the written consent of the Chief Metrologist, reverify a standard of measurement otherwise than on application; but (b) is not otherwise authorised to verify or reverify a standard of measurement otherwise than on application. > Note: Regulation 90AB preserves rights and entitlements accrued in relation to verifications and reverifications conducted before the commencement of paragraph (2A)(a). (3) If the standard of measurement is verified under the supervision of a verifying authority, the authority may verify the standard. (4) The verifying authority must not verify a standard of measurement mentioned in paragraph (a) of the definition of standard of measurement in subsection 3(1) of the Act unless the standard bears a mark that identifies the standard. #### 14 Decision not to verify, or delay in verifying, standard of measurement (1) If the verifying authority decides not to verify a standard of measurement, the authority must give written notice of the reasons for its decision to the applicant as soon as practicable. (2) If the authority has not granted an application or given notice to the applicant under subregulation (1) within 3 months after receiving the application, the authority must, at the request of the applicant, give written notice to the applicant of the reasons for the delay. #### 15 Marking of verified standards of measurement (1) On verification of a standard of measurement, the verifying authority must mark the standard with a statement of: (a) the date of verification; and (b) if, under regulation 30, the standard has a value equal to its denomination—that fact. (2) However, if compliance with subregulation (1) is impracticable because of the nature, shape or size of a standard of measurement, the standard is taken to comply with subregulation (1) if it is enclosed in a sealed container that is marked in accordance with subregulation (1). ### Division 3—Marks and certificates of verification #### 16 Marks on, or attached to, standards of measurement (1) An Australian primary or secondary, or a State primary, standard of measurement must bear an identifying mark before it is verified. (2) Immediately after verifying an Australian primary or secondary, or a State primary, standard of measurement, the Chief Metrologist must mark the standard with a statement of the date of verification of the standard. (3) A mark mentioned in subregulation (1), (2) or 13(4) or regulation 15 must be: (a) legible; and (b) on, or attached to, the standard: (i) permanently; or (ii) in such a way that the mark cannot be obliterated or removed without being destroyed. (4) However, if compliance with subregulation (3) is impracticable because of the nature, shape or size of a standard of measurement, the standard is taken to comply with subregulation (3) if it is enclosed in a sealed container that is marked in accordance with subregulation (3). #### 17 Certificates of verification of Australian primary and secondary standards of measurement (1) The certificate of verification of an Australian primary or secondary standard of measurement must state: (a) the date of verification; and (b) the value ascertained for the standard on that date in terms of an Australian legal unit of measurement; and (c) the accuracy with which the standard is verified; and (d) a description of any mark on, or attached to, the standard or a sealed container in which the standard is enclosed under these regulations; and (e) the period, from the date of verification, for which the certificate is given. (2) For paragraph (1)(c), the accuracy of a standard of measurement is ascertained and expressed in a manner determined in writing by the Chief Metrologist. #### 18 Certificates of verification of State primary standards of measurement (1) When a State primary standard of measurement is verified, a certificate of verification must be issued to the appropriate State authority. (2) The certificate of verification of a State primary standard of measurement must state: (a) that it verifies the State primary standard of measurement in an appropriate manner, having regard to the nature of the standard of measurement; and (b) the date of verification; and (c) the value ascertained for the standard on that date in terms of an Australian legal unit of measurement; and (d) the accuracy with which the standard is verified; and (e) the value (stating the uncertainty) of any relevant environmental or other influence factors, like temperature and pressure, at the time of the verification; and (f) a description of any mark on, or attached to, the standard under these regulations; and (g) the period, from the date of verification, for which the certificate is given. (4) For paragraph (2)(d), the accuracy of a State primary standard of measurement must be ascertained in a manner determined in writing by the Chief Metrologist. (5) For paragraph (2)(d), the accuracy with which a State primary standard of measurement must be verified must be expressed as an uncertainty that does not exceed: (a) for a standard for the measurement of length of a denomination stated in column 1 in Schedule 4—the maximum permissible uncertainty stated for the denomination in column 2 in that Schedule; or (b) for a standard for the measurement of mass of a denomination stated in column 1 in Schedule 5—the maximum permissible uncertainty stated for the denomination in column 2 in that Schedule; or (c) for a standard for the measurement of mass of a denomination not stated in column 1 in Schedule 5—the maximum permissible uncertainty appropriate to that denomination when linear interpolation is applied to the maximum permissible uncertainty stated for the denominations in column 2 in that Schedule. #### 19 Certificates of verification of reference standards of measurement (1) A certificate of verification of a reference standard of measurement must state: (a) the name and address of the verifying authority; and (b) that the standard is verified as a reference standard of measurement: (i) if a verifying authority verified the standard—by the verifying authority; or (ii) if a verifying authority supervised verification of the standard—under the supervision of the verifying authority; and (c) the date of verification; and (d) the value ascertained for the standard on that date in terms of an Australian legal unit of measurement; and (e) the accuracy with which the standard is verified; and (f) the value (stating the uncertainty) of any relevant environmental or other influence factors, like temperature and pressure, at the time of the verification; and (g) a description of any mark on or attached to, the standard under these regulations; and (h) the period, from the date of verification, for which the certificate is given. (2) For paragraph (1)(e), the accuracy of a reference standard of measurement must be ascertained and expressed in a manner determined in writing by the Chief Metrologist. > Note: For further provisions relating to paragraph (1)(e), see regulations 25, 26, 27 and 28. #### 20 Notification of determinations (1) The Chief Metrologist must send a copy of a determination made under subregulation 17(2), 18(4) or 19(2) to each verifying authority appointed to verify standards of measurement to which the determination relates. (3) A determination applies to a verifying authority when the authority is given a copy of the determination under subregulation (1). #### 21 Recognition of foreign reference standards of measurement (1) The Chief Metrologist may issue a written notice recognising a reference standard of measurement that is verified (however described) in a foreign country as a reference standard of measurement if: (a) the verified values of the standard of measurement are established by means of, by reference to, by comparison with or by derivation from the primary standards of measurement of the foreign country; and (b) appropriate comparability is established between: (i) the relevant primary standards of measurement of the foreign country; and (ii) one or more Australian primary standards of measurement. (2) A recognised reference standard of measurement is taken to be a verified reference standard of measurement. (3) A written notice issued under subregulation (1) in relation to a reference standard of measurement is taken to be a certificate issued under regulation 19 for the reference standard of measurement. ### Division 4—When verifications cease to have effect and may be cancelled #### 22 When verification ceases to have effect The verification of a standard of measurement ceases to have effect at the end of the period stated in the certificate of verification for the standard of measurement as the period for which the certificate is given. #### 23 Grounds for cancellation of verification The grounds for cancelling the verification of a standard of measurement are that the value ascertained for the standard of measurement is: (a) incorrect; or (b) exceeding the maximum permissible variation for the standard. ### Division 5—Accuracy, value and uncertainty of standards of measurement #### 25 Accuracy of State secondary standards of measurement—maximum permissible uncertainty For paragraph 19(1)(e), the accuracy with which a State secondary standard of measurement is verified must be expressed as an uncertainty that does not exceed: (a) for a standard for the measurement of length of a denomination stated in column 1 in Schedule 4—the maximum permissible uncertainty stated for the denomination in column 3 in that Schedule; or (b) for a standard for the measurement of mass of a denomination stated in column 1 in Schedule 5—the maximum permissible uncertainty stated for the denomination in column 3 in that Schedule; or (c) for a standard for the measurement of volume of a denomination stated in column 1 in Schedule 6—the maximum permissible uncertainty stated for the denomination in column 2 in that Schedule; or (d) for a standard for the measurement of mass or volume of a denomination not stated in column 1 in Schedule 5 or 6—the maximum permissible uncertainty appropriate to the denomination when linear interpolation is applied to the maximum permissible uncertainty stated: (i) for a standard for the measurement of mass—in column 3 in Schedule 5; or (ii) for a standard for the measurement of volume—in column 2 in Schedule 6. #### 26 Accuracy of State tertiary standards of measurement—maximum permissible uncertainty For paragraph 19(1)(e), the accuracy with which a State tertiary standard of measurement is verified must be expressed as an uncertainty that does not exceed: (a) for a standard for the measurement of mass of a denomination stated in column 1 in Schedule 5—the maximum permissible uncertainty stated for the denomination in column 4 in that Schedule; or (b) for a standard for the measurement of volume of a denomination stated in column 1 in Schedule 6—the maximum permissible uncertainty stated for the denomination in column 3 in that Schedule; or (c) for a standard for the measurement of mass or volume of a denomination not stated in column 1 in Schedule 5 or 6—the maximum permissible uncertainty appropriate to the denomination when linear interpolation is applied to the maximum permissible uncertainty stated: (i) for a standard for the measurement of mass—in column 4 in Schedule 5; or (ii) for a standard for the measurement of volume—in column 3 in Schedule 6. #### 27 Accuracy of Inspectors’ Class 1 standards of measurement—maximum permissible uncertainty For paragraph 19(1)(e), the accuracy with which an Inspectors’ Class 1 standard of measurement is verified must be expressed as an uncertainty that does not exceed: (a) for a standard for the measurement of length of a denomination stated in column 1 in Schedule 7—the maximum permissible uncertainty stated for the denomination in column 2 in that Schedule; or (b) for a standard for the measurement of area of a denomination stated in column 1 in Schedule 8—the maximum permissible uncertainty stated for the denomination in column 2 in that Schedule; or (c) for a standard for the measurement of mass of a denomination stated in column 1 in Schedule 9—the maximum permissible uncertainty stated for the denomination in column 2 in that Schedule; or (d) for a standard for the measurement of volume of a denomination stated in column 1 in Schedule 10—the maximum permissible uncertainty stated for the denomination in column 2 in that Schedule; or (e) for a standard for the measurement of area, mass or volume of a denomination not stated in column 1 in Schedule 8, 9 or 10—the maximum permissible uncertainty appropriate to the denomination when linear interpolation is applied to the maximum permissible uncertainty stated: (i) for a standard for the measurement of area—in column 2 in Schedule 8; or (ii) for a standard for the measurement of mass—in column 2 in Schedule 9; or (iii) for a standard for the measurement of volume—in column 2 in Schedule 10. #### 28 Accuracy of Inspectors’ Class 2 standards of measurement—maximum permissible uncertainty For paragraph 19(1)(e), the accuracy with which an Inspectors’ Class 2 standard of measurement is verified must be expressed as an uncertainty that does not exceed: (a) for a standard for the measurement of length of a denomination stated in column 1 in Schedule 7—the maximum permissible uncertainty stated for the denomination in column 4 in that Schedule; or (b) for a standard for the measurement of mass of a denomination stated in column 1 in Schedule 9—the maximum permissible uncertainty stated for the denomination in column 4 in that Schedule; or (c) for a standard for the measurement of mass of any other denomination—the maximum permissible uncertainty appropriate to the denomination when it is applied to the maximum permissible uncertainty stated in column 4 in Schedule 9. #### 29 Accuracy of Inspectors’ Class 3 standards of measurement—maximum permissible uncertainty For paragraph 19(1)(e), the accuracy with which an Inspectors’ Class 3 standard of measurement is verified must be expressed as an uncertainty that does not exceed: (a) for a standard for the measurement of mass of a denomination stated in column 1 in Schedule 9—the maximum permissible uncertainty stated for the denomination in column 6 in that Schedule; or (b) for a standard for the measurement of mass of any other denomination—the maximum permissible uncertainty appropriate to the denomination when linear interpolation is applied to the maximum permissible uncertainty stated in column 6 in Schedule 9. #### 30 Equivalent values—maximum permissible variation (1) This regulation applies subject to regulation 31. (2) For paragraph 19(1)(d), each of the following standards of measurement has a value equal to the value of its denomination of length, area, mass or volume, unless the value ascertained for the standard varies by an amount exceeding the maximum permissible variation applicable to the denomination: (a) an Inspectors’ Class 1 standard of measurement; (b) an Inspectors’ Class 2 standard of measurement; (c) an Inspectors’ Class 3 standard of measurement. > Note: The maximum permissible variation for the 3 classes of inspectors’ standards of measurement are stated in regulations 32, 33 and 34. #### 31 Equivalent values—maximum permissible uncertainty (1) Each of the following standards of measurement has a value equal to the value of its denomination of length, area, mass or volume, unless the accuracy with which the standard is verified exceeds the maximum permissible uncertainty stated in subregulation (2): (a) an Inspectors’ Class 1 standard of measurement; (b) an Inspectors’ Class 2 standard of measurement; (c) an Inspectors’ Class 3 standard of measurement. (2) The maximum permissible uncertainty is: (a) for a denomination mentioned in regulation 32—stated in column 2 for the denomination in the relevant Schedule; and (b) for a denomination mentioned in regulation 33—stated in column 4 for the denomination in the relevant Schedule; and (c) for a denomination mentioned in regulation 34—stated in column 6 for the denomination in the relevant Schedule. #### 32 Maximum permissible variation—Inspectors’ Class 1 standards For regulation 30, the maximum permissible variation for an Inspectors’ Class 1 standard of measurement is: (a) for the measurement of length, area, mass or volume of a denomination stated in column 1 in Schedule 7, 8, 9 or 10—the maximum permissible variation stated in column 3 for the denomination in the relevant Schedule; and (b) for the measurement of area, mass or volume of a denomination not stated in column 1 in Schedule 8, 9 or 10—the maximum permissible variation appropriate to the denomination when linear interpolation is applied to the maximum permissible variation stated in column 3 for the denomination in the relevant Schedule. #### 33 Maximum permissible variation—Inspectors’ Class 2 standards For regulation 30, the permissible variation for an Inspectors’ Class 2 standard of measurement is: (a) for the measurement of length or mass of a denomination stated in column 1 in Schedule 7 or 9—the maximum permissible variation stated in column 5 for the denomination in the relevant Schedule; and (b) for the measurement of mass of a denomination not stated in column 1 in Schedule 9—the maximum permissible variation appropriate to the denomination when linear interpolation is applied to the maximum permissible variation stated in column 5 in that Schedule. #### 34 Maximum permissible variation—Inspectors’ Class 3 standards For regulation 30, the maximum permissible variation for an Inspectors’ Class 3 standard of measurement is: (a) for the measurement of mass of a denomination stated in column 1 in Schedule 9—the maximum permissible variation stated in column 7 for the denomination in that Schedule; and (b) for the measurement of mass of a denomination not stated in column 1 in Schedule 9—the maximum permissible variation appropriate to the denomination when linear interpolation is applied to the maximum permissible variation stated in column 7 in that Schedule. ## Part 3A—Artefacts ### Division 1—General #### 34A Verification relating to artefacts (1) A verifying authority may verify a physical quantity of an artefact by making a measurement of the physical quantity. (2) Verification of the physical quantity of the artefact must be conducted in an appropriate way, having regard to the nature of the artefact. ### Division 2—Verification of artefacts #### 34B Application for verification of physical quantity of an artefact (1) Application may be made for verification of a physical quantity of an artefact. (2) The application must be: (a) made in the form provided by the Chief Metrologist to verifying authorities for issue to applicants; and (b) accompanied by the artefact; and (c) given to a relevant verifying authority. (3) The verifying authority may, by written notice, require the applicant to lodge with the authority any additional information the authority needs to consider the application properly. (4) The verifying authority may refuse to proceed with the application until the applicant complies with the notice. #### 34C Verification of physical quantity of artefacts (1) On application under regulation 34B, the verifying authority: (a) may verify a physical quantity of the artefact; and (b) if the physical quantity of the artefact is verified: (i) must issue a certificate of verification to the applicant; and (ii) may issue a copy of the certificate to anyone else the authority considers should be given a copy. (2) The certificate of verification of a physical quantity of an artefact must state: (a) the name and address of the verifying authority; and (b) the date of the verification; and (c) the result of the verification ascertained on the day of verification; and (d) the accuracy with which the physical quantity of the artefact is verified; and (e) the value (stating the uncertainty) of any relevant environmental or other influence factors, such as temperature or pressure, at the time of the verification; and (f) a description of: (i) any mark on, or attached to, the artefact; or (ii) a sealed container attached to the artefact. (3) For paragraph (2)(d), the accuracy of a verification of a physical quantity of an artefact is to be ascertained and expressed in a manner determined in writing by the Chief Metrologist. (4) The verifying authority must not verify a physical quantity of an artefact unless the artefact bears an identifying mark. #### 34D Decision not to verify, or delay in verifying, physical quantity of artefact (1) If the verifying authority decides not to verify a physical quantity of an artefact, the authority must give written notice of the reason to the applicant as soon as practicable. (2) If the authority has not granted an application, or given notice to the applicant under subregulation (1), within 3 months after receiving the application, the authority must, at the request of the applicant, given written notice to the applicant of the reasons for the delay. #### 34E Marking of artefacts (1) Before verifying a physical quantity of an artefact, the verifying authority must satisfy itself as to whether the artefact bears an identifying mark. (2) If the artefact does not bear an identifying mark, the verifying authority must mark the artefact with an identifying mark. (3) If: (a) the artefact does not bear an identifying mark; and (b) it is impracticable to mark the artefact with an identifying mark because of the nature, shape or size of the artefact; the verifying authority must enclose an identifying mark in a sealed container and attach the sealed container to the artefact. ## Part 4—Measuring instruments ### Division 1—Preliminary #### 35 Definitions for Part 4 In this Part: > certify includes recertify. > measuring instrument does not include a measuring instrument in use for trade. ### Division 2—Certification of measuring instruments #### 36 Application for certification of measuring instruments (1) Application may be made for certification of a measuring instrument. (2) An application must be: (a) made in the form provided by the Chief Metrologist to certifying authorities for issue to applicants; and (b) accompanied by the measuring instrument; and (c) given to a relevant certifying authority. (3) The certifying authority may, by written notice given to the applicant, require the applicant to lodge with the authority any additional information that the authority needs to consider the application properly. (4) The certifying authority may refuse to proceed with the application until the applicant complies with the notice. #### 37 Certification of measuring instruments (1) On application under regulation 36, the certifying authority: (a) may examine the measuring instrument; and (b) may certify the measuring instrument; and (c) if the instrument is certified—must issue a certificate for the instrument to the applicant; and (d) may issue a copy of the certificate to anyone else whom the authority considers should be given a copy. (2) The certifying authority may refuse to examine a measuring instrument if the examination would create a significant risk of personal injury or death, or damage to property. (3) A certifying authority may certify a measuring instrument other than on application. (4) If the measuring instrument is certified under the supervision of a certifying authority, the authority may certify the instrument. (5) For a measuring instrument to be certified, it must: (a) have an approved pattern; and (b) bear a mark that identifies the particular instrument. (6) The certifying authority must mark a certified measuring instrument with the date of certification. #### 38 Decision not to certify, or delay in certifying, measuring instruments (1) If the certifying authority decides not to certify a measuring instrument, the authority must give written notice of the reasons for its decision to the applicant as soon as practicable. (2) If the authority has not granted an application or given notice to the applicant under subregulation (1) within 3 months after receiving the application, the authority must, at the request of the applicant, give written notice to the applicant of the reasons for the delay. #### 39 Determinations—accuracy of measuring instruments (1) The Chief Metrologist may determine the manner in which the accuracy of measuring instruments of a particular kind must be ascertained by a certifying authority for these regulations. (2) The accuracy of a measuring instrument of a kind to which a determination under subregulation (1) applies must be ascertained for these regulations in accordance with the determination. (3) The Chief Metrologist must give a copy of a determination made under subregulation (1) to each certifying authority appointed in relation to a measuring instrument to which the determination applies. (4) A determination applies to a certifying authority when the certifying authority is given a copy of the determination under subregulation (1). #### 40 Recognition of foreign certification of measuring instruments (1) The Chief Metrologist may issue a written notice recognising a measuring instrument that has been certified (however described) in a foreign country as a certified measuring instrument if: (a) the certified values of the measuring instrument are established by means of, by reference to, by comparison with or by derivation from, the primary standards of measurement of the foreign country; and (b) appropriate comparability is established between: (i) the relevant primary standards of measurement of the foreign country; and (ii) one or more Australian primary standards of measurement. (2) A recognised measuring instrument is taken to be a certified measuring instrument. (3) A written notice issued under subregulation (1) in relation to a measuring instrument is taken to be a certificate issued under regulation 37 for the measuring instrument. ### Division 3—Marks and certificates #### 41 Marking of measuring instruments For paragraph 37(5)(b) and subregulation 37(6), a mark on a measuring instrument must be: (a) legible; and (b) on, or attached to, the instrument: (i) permanently; or (ii) in such a way that the mark cannot be obliterated or removed without being destroyed. #### 42 Matters to be stated in certificates A certificate must state: (a) the name and address of the certifying authority; and (b) that the measuring instrument is certified: (i) if a certifying authority certified the instrument—by the certifying authority; or (ii) if a certifying authority supervised certification of the instrument—under the supervision of the certifying authority; and (c) the identity of the certified measuring instrument by reference to the identifying mark on, or attached to, the instrument; and (d) the number of the certificate; and (e) the date of certification; and (f) that the measuring instrument is found to operate within the maximum permissible errors for that type of measuring instrument; and (g) the accuracy with which the instrument is certified; and (h) the period, from the date of certification, for which the certificate is given. ### Division 4—When certification ceases to have effect and may be cancelled #### 43 When certification ceases to have effect The certification of a measuring instrument ceases to have effect at the end of the period stated in the certificate for the measuring instrument as the period for which the certificate is given. #### 44 Grounds for cancellation of certification The grounds for cancelling the certification of a measuring instrument are: (a) that the measuring instrument does not operate within the maximum permissible error for the instrument; or (b) that the metrological performance of the measuring instrument has been significantly affected since the instrument was last certified. ## Part 5—Reference materials ### Division 1—Preliminary #### 45 Definition for Part 5 In this Part: > certify includes recertify. ### Division 2—Certification of reference materials #### 46 Application for certification of reference materials (1) Application may be made for certification of a reference material. (2) An application must be: (a) made in the form provided by the Chief Metrologist to certifying authorities for issue to applicants; and (b) accompanied by the reference material, or a sample of the material; and (c) given to a relevant certifying authority. (3) The certifying authority may, by written notice given to the applicant, require the applicant to lodge with the authority any additional information that the authority needs to consider the application properly. (4) The certifying authority may refuse to proceed with the application until the applicant complies with the notice. #### 47 Application to vary certification of reference materials (1) The holder of a certificate issued by the certifying authority may apply for variation of the certificate by lodging with the authority: (a) a written application; and (b) the certificate, or a copy of the certificate; and (c) the Australian certified reference material, or a sample of the material. (2) The certifying authority may, by written notice given to the applicant, require the applicant to lodge with the authority any additional information that the authority needs to consider the application properly. (3) The certifying authority may refuse to proceed with the application until the applicant complies with the notice. #### 48 Certification of reference materials (1) On application under regulation 46, the certifying authority: (a) may examine the reference material; and (b) may certify the reference material; and (c) if the material is certified—must issue a certificate for the material to the applicant; and (d) may issue a copy of the certificate to anyone else whom the authority considers should be given the copy. (2) A certifying authority may certify a reference material other than on application. (3) If the reference material is certified under the supervision of a certifying authority, the authority may certify the material. (4) Certification of the reference material is subject to a condition stated in the certificate. (5) The certifying authority must not certify the reference material unless the material bears a mark that identifies the particular material. (6) Certification of the reference material must be conducted in an appropriate manner, having regard to the nature of the material to be certified. (7) The certifying authority must mark the Australian certified reference material with the date of certification. #### 49 Variation of certification of reference materials (1) On application under regulation 47, a certifying authority: (a) may examine the reference material; and (b) may vary the certification of a reference material certified by the authority; and (c) if the certification is varied—must give the certificate for the reference material, as varied by the authority, to the applicant; and (d) may give a copy of the certificate to anyone else whom the authority considers should be given the copy. (2) The certifying authority must not examine a reference material if the examination would create a significant risk of personal injury or death, or damage to property. (3) Variation of the certification of a reference material is subject to a condition stated in the certificate in relation to the variation. #### 50 Decision not to certify, or delay in certifying, reference material (1) If the certifying authority decides not to certify a reference material, or to vary the certificate in a way not sought by the applicant, the authority must give written notice of the reasons for its decision to the applicant as soon as practicable. (2) If the authority has not granted an application or given notice to the applicant under subregulation (1) within 3 months after receiving the application, the authority must, at the request of the applicant, give written notice to the applicant of the reasons for the delay. #### 51 Notice of variation (1) This regulation applies to variation of the certification of a reference material under regulation 49. (2) If the certificate is varied by a certifying authority other than the Chief Metrologist, the authority must notify the Chief Metrologist in writing of the variation. (3) The certifying authority must, as soon as practicable and to the extent that is practicable, give written notice of the variation and the reasons for the variation: (a) if the applicant is not the manufacturer of the Australian certified reference material: (i) for material manufactured in Australia—to the manufacturer; or (ii) for material manufactured outside Australia—to the agent of the manufacturer in Australia; and (b) to purchasers and users of the Australian certified reference material who are known to the authority. #### 52 Determinations by Chief Metrologist (1) The Chief Metrologist may determine: (a) the manner, methods or characteristics of methods by which the property values of reference materials of a stated kind must be established for certification for these regulations; and (b) a matter about a particular reference material, or reference materials of a particular kind, that is relevant to the proper use of the material or materials that must be stated in a certificate under paragraph 55(j). (2) The property values of a reference material of a kind to which a determination by the Chief Metrologist applies must be established in the manner set out in that determination. (3) The Chief Metrologist must give a copy of a determination to a certifying authority who is appointed in relation to a reference material to which the determination relates. (4) A determination applies to a certifying authority when the certifying authority is given a copy of the determination under subregulation (3). #### 53 Recognition of foreign reference materials (1) The Chief Metrologist may issue a written notice recognising a reference material, or a reference material of a stated kind, that is certified (however described) in a foreign country as a Australian certified reference material if: (a) the certified values of the reference material, or of reference materials of that kind, are established by means of, by reference to, by comparison with or by derivation from, the primary standards of measurement of the foreign country; and (b) appropriate comparability is established between: (i) the relevant primary standards of measurement of the foreign country; and (ii) one or more Australian primary standards of measurement. (2) A recognised reference material, or a recognised reference material of a stated kind, is taken to be a Australian certified reference material. (3) A written notice issued under subregulation (1) in relation to a reference material, or a reference material of a stated kind, is taken to be a certificate issued under regulation 48 for the reference material or the reference material of that kind. ### Division 3—Marks and certificates #### 54 Marking of reference materials (1) For subregulations 48(5) and (7), a mark on a reference material must be: (a) legible; and (b) on, or attached to, the material: (i) permanently; or (ii) in such a way that the mark cannot be obliterated or removed without being destroyed. (2) However, if compliance with subregulation (1) is impracticable because of the nature, shape or size of the reference material, the reference material is taken to comply with subregulation (1) if it is enclosed in a sealed container that is marked in accordance with subregulation (1). #### 55 Matters to be stated in certificates A certificate must state: (a) the name and address of the certifying authority; and (b) that the reference material is certified: (i) if a certifying authority certified the material—by the certifying authority; or (ii) if a certifying authority supervised certification of the material—under the supervision of the certifying authority; and (c) the date of certification; and (d) the name or description of the reference material; and (e) the certified property values of the reference material and their uncertainties and level of confidence; and (f) the date on which the property values of the reference material were established for certification of the material; and (g) a description of the reference material by reference to: (i) the identifying mark on, or attached to, the material under regulation 48; and (ii) the batch number (if that number is not the same as the number mentioned in that regulation); and (h) information about the storage and transportation of the reference material including, if appropriate, their effect on the stability of the material and on the validity of: (i) the certification; and (ii) the certified property values and the uncertainties of those values; and (i) the period, from the date of certification, for which the certificate is given; and (j) any other matter about the reference material that the Chief Metrologist determines under paragraph 52(1)(b) should be stated in certificates of the same kind as the certificate. ### Division 4—When certification ceases to have effect or may be cancelled or varied #### 56 When certification ceases to have effect The certification of a reference material ceases to have effect at the end of the period stated: (a) in the certificate for the reference material as the period for which the certificate is given; or (b) by the manufacturer of the material as the period within which the material should be used to obtain the results specified by the manufacturer. #### 57 Grounds for cancellation or variation of certification (1) The grounds for cancelling the certification of a reference material are that the reference material does not conform to the property values for the material, or their uncertainties and level of confidence, stated in the certificate. (2) The grounds for varying the certification of a reference material, other than on application, are: (a) the grounds stated in subregulation (1); and (b) that it is not appropriate to cancel the certification. ## Part 6—Patterns of measuring instruments ### Division 1—Examinations for pattern approval #### 58 Application for approval of patterns of measuring instruments (1) Application may be made for approval of the pattern of a measuring instrument. (2) An application must be: (a) made in the form provided by the Chief Metrologist to approving authorities for issue to applicants; and (b) accompanied by detailed drawings and specifications of the pattern of the measuring instrument; and (c) given to a relevant approving authority. (3) The approving authority may, by written notice given to the applicant, require the applicant to lodge with the authority: (a) the whole or a part of the pattern of a measuring instrument that is the subject of the application; and (b) the whole or a part of a measuring instrument constructed in accordance with the pattern; and (c) any additional information that the authority needs to consider the application properly. (4) The approving authority may refuse to proceed with the application until the applicant complies with the notice. #### 59 Application to vary approval of approved patterns (1) An approval holder may apply for variation of the pattern approved by an approving authority by lodging: (a) a written application with the authority; and (b) the certificate of approval of the pattern or a copy of the certificate; and (c) detailed drawings and specifications showing the variation. (2) The approving authority may, by written notice given to the applicant, require the applicant to lodge with the authority: (a) the whole or a part of the pattern of a measuring instrument as proposed to be varied; and (b) the whole or a part of the measuring instrument constructed in accordance with the pattern as proposed to be varied; and (c) any additional information that the authority needs to consider the application properly. (3) The approving authority may refuse to proceed with the application until the applicant complies with the notice. #### 60 Approval of patterns of measuring instruments (1) On application under regulation 58, the approving authority: (a) may, on payment of any relevant fee, examine the pattern of a measuring instrument; and (b) may approve the pattern of a measuring instrument by certifying that the instrument is suitable for use for trade or as a legal measuring instrument; and (c) if the pattern of the measuring instrument is approved—must issue a certificate of approval to the applicant; and (d) may issue a copy of the certificate to anyone else whom the authority considers should be given the copy. (2) The approving authority must not examine a measuring instrument lodged with the application if the examination would create a significant risk of personal injury or death, or damage to property. (3) Approval of the pattern of a measuring instrument lodged with the application may be given subject to retention by the Chief Metrologist of the whole or a part of the measuring instrument. (3A) The Chief Metrologist may issue a certificate of approval other than on application. (4) Approval of the pattern of a measuring instrument is subject to: (a) a condition that a measuring instrument on which the number of the approved pattern is marked must comply with the pattern and any other condition to which the approval is subject; and (b) any other condition stated in the certificate of approval. > Note: Regulation 90AA relates to certificates of approval of the patterns of measuring instruments issued before 1 July 2004. #### 61 Variation of approval of patterns of measuring instruments (1) On application under regulation 59, the approving authority: (a) may, on payment of any relevant fee, examine the approved pattern as proposed to be varied; and (b) may vary the approval of the pattern of a measuring instrument approved by the authority; and (c) if the approval is varied—must issue the certificate as varied by the authority to the applicant; and (d) may issue a copy of the certificate to anyone else whom the authority considers should be given the copy. (2) The approving authority must not examine a measuring instrument lodged with the application if the examination would create a significant risk of personal injury or death, or damage to property. (3) If the approval is varied by an approving authority that is not the Chief Metrologist, the authority must notify the Chief Metrologist in writing of the variation. (4) Variation of the approval of the pattern of a measuring instrument lodged with the application may be given subject to retention by the Chief Metrologist of the whole or a part of the measuring instrument. (5) The Chief Metrologist may, other than on application, vary a certificate of approval issued by the Chief Metrologist. #### 62 Decision not to approve, or delay in approving, patterns of measuring instrument (1) If the approving authority decides not to approve an application, or to vary an approval in a way not sought by the applicant, the authority must give written notice of the reasons for its decision to the applicant as soon as practicable. (2) If the authority has not granted an application or given notice to the applicant under subregulation (1) within 3 months after receiving the application, the authority must, at the request of the applicant, give written notice to the applicant of the reasons for the delay. #### 63 Certificates of approval A certificate of approval must: (a) state the name and address of the approving authority; and (b) describe the pattern of the measuring instrument to which the certificate relates; and (c) state the number of the approved pattern; and (d) state the date of issue of the certificate; and (e) state that the pattern of the measuring instrument is approved under these regulations as suitable for use for trade or as a legal measuring instrument; and (f) state any condition to which approval of the pattern is subject. ### Division 2—Other examinations #### 64 Examination of instruments for compliance with approved patterns (1) This regulation applies if: (a) the pattern of a measuring instrument is approved under regulation 60; and (b) the Chief Metrologist has in its possession a measuring instrument that is, or purports to be, in accordance with the approved pattern. (2) The Chief Metrologist may examine the measuring instrument to ascertain whether the instrument is in accordance with the approved pattern. (3) In examining the measuring instrument, the Chief Metrologist must: (a) if practicable, use substantially the same test procedures as were used by the Chief Metrologist in testing the pattern of the measuring instrument for approval; or (b) if paragraph (a) does not apply—ensure that the result of the examination is not affected by the fact that those procedures are not used to examine the measuring instrument. (4) If, after examining the measuring instrument, the Chief Metrologist considers that the instrument is not in accordance with the approved pattern, the Chief Metrologist may, in accordance with regulation 82, withdraw or decide to cancel approval of the pattern of the measuring instrument. (5) If the non‑compliance of a measuring instrument with the approved pattern of the instrument is sufficiently serious to justify further action being taken, the Chief Metrologist may report the non‑compliance in writing to: (a) the Director of Public Prosecutions; and (b) the corresponding authority of a State or Territory. #### 65 Re‑examination of approved patterns (1) This regulation applies if: (a) the pattern of a measuring instrument is approved under regulation 60; and (b) the Chief Metrologist is provided with a measuring instrument by an authorised person acting in the performance of his or her duty; and (c) the Chief Metrologist is told by the authorised person that: (i) the measuring instrument is in accordance with the approved pattern; and (ii) the instrument is not suitable for trade or as a legal measuring instrument. (2) The Chief Metrologist may re‑examine the pattern of the measuring instrument. (3) If, after re‑examining the pattern of the measuring instrument, there are reasonable grounds for considering that the pattern is not suitable for use for trade or as a legal measuring instrument, the Chief Metrologist: (a) may, in accordance with regulation 82, withdraw or decide to cancel approval of the pattern of the measuring instrument; and (b) must give a written statement of the results of the tests conducted by the Chief Metrologist in its re‑examination of the pattern of the measuring instrument: (i) if the measuring instrument was manufactured in Australia—to the manufacturer; or (ii) if the measuring instrument was manufactured outside Australia—to the agent of the manufacturer in Australia. (4) In this regulation: > authorised person means a person who is authorised (however described) under a Commonwealth, State or Territory law for trade measurement, or weights and measures, in relation to the administration of the law. ### Division 3—Cancellation, variation and withdrawal of approvals #### 66 Cancellation of approvals on application (1) An approval holder may apply to an approving authority for cancellation of the approval of the pattern of a measuring instrument approved by the authority. (2) The application may be made by lodging with the approving authority: (a) a written application; and (b) the relevant certificate of approval. (3) As soon as practicable, the approving authority must: (a) cancel approval of the pattern of the measuring instrument; and (b) give written notice of the cancellation to: (i) the applicant; and (ii) anyone else the authority considers should be given notice of the cancellation. #### 67 Grounds for cancelling and varying approvals other than on application (1) The grounds for cancelling the approval of the pattern of a measuring instrument, other than on application, are: (a) that a measuring instrument constructed in accordance with the approved pattern is not suitable: (i) for use for trade or as a legal measuring instrument; or (ii) for the particular use for trade or as a legal measuring instrument stated in the certificate of approval; or (b) that an approving authority makes a decision under subregulation 64(4) or paragraph 65(3)(a). (2) The grounds for varying the approval of the pattern of a measuring instrument, other than on application, are: (a) the grounds stated in subregulation (1); and (b) that it is not appropriate to cancel the approval. #### 68 Effect of variation and cancellation of approvals If an approved pattern is varied or cancelled under this Part or under Part 8, a measuring instrument manufactured in accordance with the pattern before the variation or cancellation has effect is taken to continue to be in accordance with a pattern approved under these Regulations. #### 69 Effect of withdrawal of approvals If approval of the pattern of a measuring instrument is withdrawn under paragraph 82(3)(c), the instrument is not a measuring instrument with an approved pattern. ## Part 7—Authorities ### Division 1—General #### 70 Definition for Part 7 In this Part: > authority means a verifying, certifying or approving authority. #### 71 Application for permission for person to sign certificates (1) An authority may apply in writing to the Chief Metrologist to permit a stated person to sign certificates of a stated kind for the authority. (2) The Chief Metrologist may give written permission to the authority to permit the person to sign the certificates. ### Division 2—Appointment of authorities #### 72 Application for appointment of verifying or certifying authority (1) An application for appointment as a verifying or certifying authority must be: (a) made in the form provided by the Chief Metrologist to applicants; and (b) be given to the Chief Metrologist. (2) The Chief Metrologist may vary the appointment on written application by the authority to which the appointment relates. (3) If the Chief Metrologist decides not to approve an application, or to vary an approval in a way not sought by the applicant, the Chief Metrologist must give written notice of the reasons for its decision to the applicant as soon as practicable. (4) If the Chief Metrologist has not granted an application or given notice to the applicant under subregulation (3) within 3 months after receiving the application, the Chief Metrologist must, at the request of the applicant, give written notice to the applicant of the reasons for the delay. #### 73 Verifying and certifying authorities (1) On application under regulation 72, the Chief Metrologist may appoint as a verifying or certifying authority an applicant who: (a) in the opinion of the Chief Metrologist, is capable, or has direct control of staff who are capable, of: (i) verifying a standard of measurement; or (ii) verifying a physical quantity of an artefact; or (iii) certifying a reference material; or (iv) certifying a measuring instrument; to which the application relates; or (b) holds National Association of Testing Authorities accreditation that the Chief Metrologist considers appropriate to the functions mentioned in paragraph (a). (2) The appointment: (a) must be in writing; and (b) may be made subject to a condition stated in the instrument of appointment. (3) The appointment has effect when the Chief Metrologist gives the instrument of appointment to the appointee. #### 74 Verifying authorities (1) An appointment as a verifying authority must state: (a) the kind or kinds of reference standards of measurement and physical quantities of artefacts (if any) to which the appointment applies; and (b) the range of denominations of standards of measurement and physical quantities of artefacts (if any) that may be verified by the appointee; and (c) the least uncertainty with which standards of measurement and physical quantities of artefacts (if any) may be verified by the appointee. (2) A verifying authority may arrange for the testing needed for verification of a standard of measurement or physical quantity of an artefact to be conducted by another body or person under the supervision of the authority. #### 75 Certifying authorities (1) An appointment as a certifying authority must state whether the appointment is made in relation to measuring instruments or reference materials generally or to measuring instruments or reference materials of a particular kind or of particular kinds. (2) A certifying authority may arrange for the testing needed for certification of a measuring instrument or reference material to be conducted by another body or person under the supervision of the authority. #### 76 Approving authorities (1) The Chief Metrologist may appoint a competent body or person to perform, on behalf of the Chief Metrologist, any or all of the following functions of the Chief Metrologist under these regulations: (a) to examine measuring instruments and patterns of measuring instruments; (b) to approve patterns of measuring instruments; (c) to issue certificates of approval; (d) to vary or cancel approvals of patterns of measuring instruments; (e) to reconsider its decisions not to vary or cancel approvals of patterns of measuring instruments. (2) The Chief Metrologist may vary the appointment by giving notice of the variation to the approving authority to which the appointment relates. (3) The appointment: (a) must be in writing; and (b) must state whether the appointment is made for patterns of measuring instruments generally or for patterns of measuring instruments of a particular kind or of particular kinds; and (c) may be made subject to a condition stated in the instrument of appointment. (4) The appointment has effect when the Chief Metrologist gives the instrument of appointment to the appointee. (5) For subregulation (1): > competent body or person means a body or person who is competent to carry out the functions mentioned in subregulation (1). #### 77 General conditions of appointment of authorities (1) An appointment as an authority is subject to the following conditions: (b) that the authority participate in training, related to the performance of the duties of an authority, required by the Chief Metrologist; (c) that the authority report, as required by the Chief Metrologist, about its performance of those duties; (d) that the authority, and any responsible agent or employee of the authority, comply with the Act and these regulations and any condition stated in the instrument of appointment. (2) An appointment as a verifying authority is subject to the condition that the verifying authority comply with a determination applying to the authority under regulation 20. (3) An appointment as a certifying authority is subject to the condition that the certifying authority comply with a determination applying to the authority under regulation 39 or 52. #### 78 Cancellation of appointments on application (1) An authority may apply for cancellation of an appointment as an authority by lodging with the Chief Metrologist: (a) a written application; and (b) the instrument of appointment. (2) As soon as practicable, the Chief Metrologist must: (a) cancel the appointment; and (b) give written notice of the cancellation to the applicant. #### 79 Grounds for cancelling and varying appointments other than on application (1) The grounds for cancelling the appointment of an authority, other than on application, are as follows: (a) that the authority has not complied with a condition to which the appointment is subject; (b) that, in the opinion of the Chief Metrologist, the authority does not have the necessary or appropriate facilities or standards to perform the functions or duties to which the appointment relates; (c) that, in the opinion of the Chief Metrologist, the authority does not have the necessary competent staff to perform the functions or duties to which the appointment relates. (2) The grounds for varying the appointment of an authority, other than on application, are the grounds stated in subregulation (1), but in circumstances that do not require cancellation of the appointment. ## Part 8—Dealing with verification, certification, approval and appointment other than on application ### Division 1—Preliminary #### 80 Definitions for Part 8 In this Part: > appointment means an appointment as an authority. > authority means a verifying, certifying or approving authority. > certificate does not include a certificate of verification of: (a) an Australian primary or secondary standard of measurement; or (b) a State primary standard of measurement. > Chief Metrologist includes: (a) for cancellation of a certificate of verification or certificate issued under regulation 37—the verifying or certifying authority that issued the certificate; and (b) for variation or cancellation of a certificate issued under regulation 48—the certifying authority that issued the certificate; and (c) for variation, cancellation or withdrawal of a certificate of approval—the approving authority that issued the certificate. > instrument means: (a) a certificate; or (b) a permission under regulation 71; or (c) an instrument of appointment. > instrument holder means: (a) an authority; or (b) the holder of a certificate. #### 81 Application of Part 8 This Part applies if a reasonable ground exists: (a) to cancel the verification of a standard of measurement; or (b) to cancel the certification of a measuring instrument or reference material; or (c) to vary the certification of a reference material, other than on application; or (d) to vary or cancel the approval of the pattern of a measuring instrument, other than on application; or (e) to withdraw the approval of the pattern of a measuring instrument; or (f) to cancel a permission given under regulation 71; or (g) to vary or cancel an appointment, other than on application. ### Division 2—Cancellation, variation and withdrawal of instruments #### 82 Cancellation, variation and withdrawal of instruments (1) The Chief Metrologist must give the instrument holder written notice that: (a) if the Chief Metrologist proposes to vary the instrument—tells the instrument holder of the proposed variation; and (b) if the Chief Metrologist proposes to cancel or withdraw the instrument—tells the instrument holder of the proposed cancellation or withdrawal; and (c) states the ground for the proposed variation, cancellation or withdrawal; and (d) outlines the facts and other circumstances forming the basis for the view that the ground exists; and (e) invites the instrument holder to state in writing to the Chief Metrologist, within a stated period of at least 28 days after the notice is given to the instrument holder, why the instrument should not be varied, cancelled or withdrawn as proposed by the Chief Metrologist (the proposed action). (2) The Chief Metrologist may take the proposed action before giving the invitation mentioned in paragraph (1)(e) if the Chief Metrologist considers that it is necessary to do so. (3) If, after considering any written statement made to the Chief Metrologist by the instrument holder within the stated period, there are reasonable grounds for considering that a ground exists to take the proposed action, the Chief Metrologist may: (a) if the proposed action is to vary the instrument in a stated way—vary the instrument in that way; or (b) if the proposed action is to cancel the instrument—cancel the instrument or vary it in any way; or (c) if the proposed action is to withdraw the approval—withdraw the approval. (4) If the Chief Metrologist varies, cancels or withdraws the instrument, the Chief Metrologist: (a) must tell the instrument holder in writing of the decision, give the holder written reasons for the decision, and tell the holder that the holder may apply to have the decision reconsidered; and (b) may give written notice of the variation, cancellation or withdrawal to anyone else whom the Chief Metrologist considers should be given notice of the variation, cancellation or withdrawal. #### 83 When variation, cancellation and withdrawal have effect The variation, cancellation or withdrawal of an instrument has effect: (a) when the instrument holder is told in writing of the decision by the Chief Metrologist and given written reasons for the decision; or (b) if the Chief Metrologist tells the instrument holder that the decision takes effect on a later day—on the later day. ## Part 9—Reconsideration and review #### 84 Definition for Part 9 In this Part: > decision maker means: (a) a verifying, certifying or approving authority; and (b) for a permission under regulation 71 or an application for appointment, or an appointment, as an authority—the Chief Metrologist. #### 85 Certain decisions may be reconsidered (1) The following decisions are decisions to which this regulation applies: | Item | Provision under which decision made | Brief description of decision | | ---- | ----------------------------------- | --------------------------------------------------------------------------------------------------------------------------------- | | 1 | subregulation 12(4) | not to examine a standard of measurement until the applicant complies with a notice | | 2 | subregulation 13(1) | not to verify a standard of measurement | | 2A | subregulation 34B(4) | not to verify an artefact until the applicant complies with a notice | | 2B | subregulation 34C(1) | not to verify an artefact | | 3 | subregulation 36(4) | not to examine a measuring instrument until the applicant complies with a notice | | 4 | subregulation 37(1) | not to certify a measuring instrument on application or to give a certificate in a way not sought by the applicant | | 5 | subregulation 46(4) or 47(3) | not to examine a reference material until the applicant complies with a notice | | 6 | subregulation 48(1) | not to certify a reference material on application or to give a certificate in a way not sought by the applicant | | 7 | subregulation 49(1) | not to vary a certificate on application or to vary a certificate on application in a way not sought by the applicant | | 8 | subregulation 58(4) or 59(3) | not to examine the pattern of a measuring instrument until the applicant complies with a notice | | 9 | subregulation 60(1) | not to approve the pattern of a measuring instrument on application or to give a certificate in a way not sought by the applicant | | 10 | subregulation 61(1) | not to vary a certificate on application or to vary a certificate on application in a way not sought by the applicant | | 11 | regulation 71 | not to give a permission or to cancel a permission | | 12 | subregulation 72(3) | not to vary an appointment on application | | 13 | subregulation 72(3) | to vary an appointment in a way not sought by the applicant | | 14 | subregulation 73(1) | not to make an appointment | | 15 | subregulation 82(3) | to vary, cancel or withdraw an instrument or certificate other than on application | (2) A person affected by a decision to which this regulation applies (the initial decision) may ask the decision maker in writing to reconsider the decision. (3) The request must be made within: (a) 28 days after the person or anyone else was told in writing of the initial decision, and given reasons for the decision, by the decision maker; or (b) any longer period allowed by the decision maker. (4) The request for reconsideration must state the decision that the person wants the decision maker to make and outline why the decision maker should make that decision. (5) Within 28 days after receiving the request, the decision maker must reconsider the initial decision and: (a) confirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision. (6) The decision maker must tell the person in writing of the result of the reconsideration and, if the decision maker does not make the decision that the person wants the decision maker to make: (a) give the person written reasons for the reconsidered decision; and (b) tell the person that the person may apply to the Administrative Review Tribunal to have the decision reviewed by the Tribunal. #### 86 Certain decisions may be reviewed Application may be made to the Administrative Review Tribunal for review of a decision that has been reconsidered under regulation 85. ## Part 10—Miscellaneous #### 88 Conversion factors (Act, s 11) The conversion factors stated in column 4 in an item in Schedule 11 are prescribed for the conversion of units of measurement stated in column 2 in that item to units of measurement stated in column 3 in the item. > Note: Examples: > Note: 1 To convert yards to metres use the conversion factor in Column 4 of item 3 of Schedule 11 which is 0.9144, so that: > Note: 2 yards  0.9144 = 1.8288 metres. > Note: 2 To convert roods to square metres use the conversion factor in Column 4 of item 11 of Schedule 11 which is 1210 (0.9144)2, so that: > Note: 16 roods  1210  (0.9144)2 = 16 187.425 69 square metres. > Note: 3 To convert slugs to kilograms use the conversion factor in Column 4 of item 22 of Schedule 11 which is 32.174  0.453 592 37, so that: > Note: 7 slugs  32.174  0.453 592 37 = 102.157 166 39 kilograms. > Note: 4 To convert cubic yards to cubic metres use the conversion factor in Column 4 of item 25 of Schedule 11 which is (0.9144)3, so that: > Note: 88 cubic yards  (0.9144)3 = 67.280 827 503 cubic metres. > Note: 5 To convert miles per hour to kilometres per hour use the conversion factor in Column 4 of item 36 of Schedule 11 which is 1.609 344, so that: > Note: 100 miles per hour  1.609 344 = 160.9344 kilometres per hour. > Note: 6 To convert calories to joules use the conversion factor in Column 4 of item 39 of Schedule 11 which is 4.186 8, so that: > Note: 107 calories  4.186 8 = 447.9876 joules. > Note: 7 To convert horsepower to watts use the conversion factor in Column 4 of item 41 of Schedule 11 which is 745.7, so that: > Note: 88 horsepower  745.7 = 65 621.6 watts. #### 90 Certificates as evidence (1) In this regulation: > instrument means: (a) an authorisation mentioned in paragraph 12(2)(a); or (b) a certificate; or (c) a permission under regulation 71; or (d) the instrument of appointment of a verifying, certifying or approving authority. (2) An instrument is evidence of a matter stated in the instrument. (3) The instrument may be received in evidence: (a) in any court, whether or not the court is exercising federal jurisdiction; and (b) in any proceeding before a person who is authorised by a law of the Commonwealth or of a State or Territory, or by consent of the parties to the proceeding, to receive and examine evidence. (4) Unless the contrary is established: (a) the instrument is taken to be issued by the person by whom the instrument purports to be issued; and (b) the instrument is taken to be signed by the person by whom the instrument purports to be signed; and (c) the person by whom the instrument purports to be signed is taken to be a person authorised under these regulations to sign the instrument. #### 90AA Pattern approval certificates issued between 1 October 1999 and 1 July 2004 A certificate of approval of the pattern of a measuring instrument that was purported to have been issued by an approving authority in the period starting on 1 October 1999 and ending at the end of 30 June 2004 is taken, for the purposes of these Regulations: (a) to have been issued in accordance with the requirements of these Regulations as in force when the certificate was purported to have been issued; and (b) to be a valid certificate. #### 90AB Preservation of verifications and reverifications made before 1 July 2009 The reverification of a standard of measurement under paragraph 13(2A)(a) does not affect a right or an entitlement resulting from a verification or a reverification conducted in accordance with these Regulations as in force before 1 July 2009. #### 90B Fees for activities undertaken in respect of examination and certification of patterns of measuring instruments For the purposes of subsection 19A(8) of the Act, and subject to regulations 90C and 90D, the fees for activities undertaken by the Chief Metrologist (or a delegate of the Chief Metrologist) in respect of the examination and certification of patterns of measuring instruments are the fees set out in Schedule 13. #### 90C Indexation of fees (1) At the start of each financial year (an indexation year) beginning on or after 1 July 2020, a dollar amount mentioned in Schedule 13 is replaced by the amount worked out using the formula:  (2) In subsection (1), a dollar amount includes: (a) the amount of a fee; and (b) a component of a fee expressed as an hourly rate. (3) The indexation factor for an indexation year is the number worked out using the following formula:  where: > base quarter means the last March quarter before the reference quarter. > index number for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter. > reference quarter means the March quarter in the last year before the indexation year. (4) An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more). (5) An indexation factor that is less than 1 is to be increased to 1. (6) Amounts worked out under subregulation (1) are to be rounded to the nearest whole dollar (rounding 50 cents upwards). (7) Calculations under subregulation (3): (a) are to be made using only the index numbers published in terms of the most recently published index reference period; and (b) are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period). #### 90D Additional increase to fees in 2020, 2021 and 2022 financial years (1) At the start of a financial year (an indexation year) beginning on 1 July 2020, 1 July 2021 or 1 July 2022, an amount worked out under regulation 90C (the base amount) is replaced by the amount worked out using the formula:  (2) In subregulation (1), the fee increase factor for an indexation year is as follows: (a) for the indexation year beginning on 1 July 2020—1.158; (b) for the indexation year beginning on 1 July 2021—1.136; (c) for the indexation year beginning on 1 July 2022—1.12. (3) Amounts worked out under subregulation (1) are to be rounded to the nearest whole dollar (rounding 50 cents upwards). ## Part 12—Transitional and saving provisions #### 93 Transitional—1 October 1999 (3) A certificate issued under the Patterns of Measuring Instruments Regulations in relation to a measuring instrument is taken to be a certificate issued under these regulations in relation to the instrument. (4) Subject to subregulation (4A), an appointment under regulation 77 of the previous regulations is taken to be an appointment under these regulations. (4A) An appointment mentioned in subregulation (4) expires: (a) if an expiry date is not specified in the instrument of appointment—on 1 July 2005; and (b) if an expiry date is specified in the instrument of appointment—on that date. (5) A certificate issued under regulation 78A, 79 or 80 of the previous regulations is taken to be a certificate issued under these regulations. (6) In this regulation: > Patterns of Measuring Instruments Regulations means the National Measurement (Patterns of Measuring Instruments) Regulations as in force immediately before the commencement of these regulations. > previous regulations means the National Measurement Regulations as in force immediately before the commencement of these regulations. #### 94 Transitional—1 July 2004 (1) In this regulation: > certificate of approval includes a varied certificate of approval. > Commission means the National Standards Commission. > Organisation means the Commonwealth Scientific and Industrial Research Organisation established under the Science and Industry Research Act 1949. (2) An instrument issued by the Commission under regulation 21, 40 or 53 before 1 July 2004 is taken to be a written notice issued by the Chief Metrologist under that regulation. (3) A determination that was made by the Commission or the Organisation under these Regulations and that was in force immediately before 1 July 2004 continues to have effect on and after that day as if it had been made by the Chief Metrologist under these Regulations. (4) A certificate of approval issued by the Commission under these Regulations before 1 July 2004 is taken to be issued by the Chief Metrologist under these Regulations. (5) A certificate issued under these Regulations before 1 July 2004 by the Commission or the Organisation acting in the capacity of a certifying authority is taken to be issued by the Chief Metrologist under these Regulations, subject to any condition stated in the certificate. (6) A certificate of verification issued under these Regulations before 1 July 2004 by the Commission or the Organisation acting in the capacity of a verifying authority is taken to be issued by the Chief Metrologist under these Regulations, for the period, if any, for which the certificate is given. (7) Subject to regulations 68 and 69, the cancellation, variation or withdrawal of an instrument by the Commission under Part 6 or 8 before 1 July 2004 is taken to be a cancellation, variation or withdrawal of the instrument by the Chief Metrologist under that Part. (8) An appointment made by the Commission under these Regulations before 1 July 2004 is taken to be an appointment by the Chief Metrologist under these Regulations. #### 95 Saving—20 May 2019 (1) The amendment of Schedule 1 by the National Measurement Amendment (SI Redefinition) Regulations 2019 does not affect the validity, on or after 20 May 2019, of any the following that was in force immediately before that day: (a) a verification of any matter or thing (for example, a standard of measurement) under the Act or these Regulations; (b) a certification under these Regulations of: (i) a measuring instrument; or (ii) a reference material; or (iii) a verification described in paragraph (a); (c) a determination under section 8A of the Act (recognized‑value standards of measurement); (d) a recognition under these Regulations of: (i) a reference standard of measurement; or (ii) a measuring instrument; or (iii) a reference material. (2) The amendment of Schedule 1 by the National Measurement Amendment (SI Redefinition) Regulations 2019 does not affect the maintenance, on or after 20 May 2019, of a standard of measurement as one of the following kinds of standards of measurement if the standard was, immediately before that day, maintained as a standard of measurement of that kind: (a) an Australian primary standard of measurement; (b) an Australian secondary standard of measurement; (c) a State primary standard of measurement.