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National
Measurement Amendment Bill 2013
Introduced into the House of
Representatives on 20 March 2013
Portfolio: Industry and Innovation
Overview
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This bill seeks
to amend the National Measurement Act 1960 for the stated intention of
correcting deficiencies that have been identified in the first two years of
operation of the national trade measurement system. In particular, the bill:
- gives trade
measurement inspectors a discretion to allow the continued use of measuring
instruments for trade or the continued sale of packaged goods where there is a
minor technical infringement but no material detriment to any affected person
(by giving a notice to remedy);
- enables trade
measurement inspectors to enter public areas of business premises during
business hours to purchase goods and collect information without having to
identify themselves as an inspector;
- gives inspectors
the power to give directions to the controller of a business vehicle that is
being inspected, including directions to move or drive the vehicle to a
specified place, remain in or leave the vehicle or unload or reload the
vehicle;
- introduces new
offences for those not complying with the new powers and amends existing
offences relating to the use and repair of measuring instruments.
Compatibility with human
rights
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The bill is
accompanied by a detailed eight-page statement of compatibility that states
that the bill engages the right to freedom of movement, the right to liberty,
the right to privacy and the right to the presumption of innocence.[1]
It concludes that the bill is compatible with human rights 'as to the extent
that it limits human rights these limitations are reasonable, necessary and
proportionate.'
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The committee
considers that the statement of compatibility adequately addresses the issues
raised in it and provides sufficient justifications for any proposed
limitations. The committee considers that any limitation on the right to
freedom of movement, by directing a controller of a business vehicle that is to
be inspected to move or keep the vehicle in a specified place, is a minor
limitation on the right to freedom of movement and has been fully justified in
the statement of compatibility. The committee does not consider that these
provisions give rise to any concerns with the right to liberty.
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The committee
also considers that the strict liability offences and reversal of the burden of
proof introduced by the bill have been adequately explained and justified in
the statement of compatibility.
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The
committee considers that the bill does not appear to give rise to human rights
concerns.
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