Weights and Measures Act 1975 · 2020 Revised Edition · Part 4 · Regulation of Certain Transactions in Goods
28A. Selling by retail by weight, measure or number
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Any person who offers or exposes for sale by retail by weight, measure or number goods which are not prepackaged when so offered or exposed for sale must weigh, measure or count the goods —
sale by retail
“sale by retail” means a sale to a person buying for the person’s own use or consumption;
at the time of sale;
in the presence of the buyer; and
in the case of goods sold by weight or measure, by means of a suitable weighing or measuring instrument.
Any person who offers or exposes for sale by retail by weight, measure or number goods which are prepackaged and weighed, measured or counted before they are so offered or exposed for sale at the premises or place where they are so offered or exposed for sale must, at the buyer’s request, weigh, measure or count the goods —
premises
“premises”, except in section 28(3), includes any place and any stall, vehicle, ship or aircraft;
in the presence of the buyer; and
in the case of goods sold by weight or measure, by means of a suitable weighing or measuring instrument.
Every weighing or measuring instrument used to weigh or measure goods for the purposes of this section and any necessary weights or measures must be so situated that the weighing or measuring of the goods and the recorded or indicated weight or measurement of the goods can be easily seen by the buyer.
weighing or measuring instrument
“weighing or measuring instrument” means an instrument for measuring in terms of length, area, volume, capacity, weight or number, whether or not the instrument is constructed to give an indication of the measurement made or other information determined by reference to that measurement, and includes any article used as a weighing or measuring instrument.
Any person who contravenes this section shall be guilty of an offence.