Weights and Measures (Amendment) Bill

This Act may be cited as the Weights and Measures (Amendment) Act 2005 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Section 2 of the Weights and Measures Act (referred to in this Act as the principal Act) is amended —

by inserting, immediately before the definition of “check-weighed” in subsection (1), the following definitions:“ “Accuracy Label” means a mark referred to in section 7(2)(ii)(B) for use as evidence of the passing of any weighing or measuring instrument as fit for use for trade;“Authorised Verifier” means any person appointed by the Board under section 29A;“Board” means the Standards, Productivity and Innovation Board established under section 3 of the Standards, Productivity and Innovation Board Act (Cap. 303A);“catch weight goods” means goods that —

are enclosed in a package;

cannot be portioned to a predetermined quantity because of their nature; and

are usually sold in varying quantities;”;

by deleting the words “weighing equipment” wherever they appear in the definition of “check-weighed” in subsection (1) and substituting in each case the words “weighing instrument”;

by inserting, immediately after the definition of “Controller” in subsection (1), the following definition:“ “desiccating goods” means any goods made up in a package that lose weight or volume solely through evaporation when the package is made up;”;

by inserting, immediately after the definition of “gross weight” in subsection (1), the following definition:“ “inadequate package” means a package enclosing goods that contain less than the quantity stated on the package or a label attached to the package, where the deficiency is more than twice the amount of error prescribed for the purpose of this definition;”;

by inserting, immediately after the definition of “intoxicating liquor” in subsection (1), the following definition:“ “lot of packages” means a collection of packages enclosing goods that —

are of the same kind;

are of the same stated weight, measure or number; and

are available for inspection at the same time and place;”;

by inserting, immediately after the definition of “mark” in subsection (1), the following definition:“ “non-standard package” means a package enclosing goods that contains less than the quantity stated on the package or a label attached to it, where the deficiency is more than the amount of error prescribed for the purpose of this definition but not more than twice that prescribed amount of error;”;

by deleting the definitions of “stamp” and “weighing or measuring equipment” in subsection (1) and substituting the following definitions:“ “stamp” means a mark referred to in section 7(2)(ii)(A) for use as evidence of the passing of any weighing or measuring instrument as fit for use for trade;“supply”, in relation to a weighing or measuring instrument, includes —

selling the weighing or measuring instrument, whether by wholesale or retail or otherwise;

supplying the weighing or measuring instrument by way of exchange, lease, loan, hire or hire-purchase;

supplying the weighing or measuring instrument, whether with or without charge, by way of sample or otherwise;

offering or exposing the weighing or measuring instrument for sale or supply; and

keeping or having the weighing or measuring instrument for the purpose of selling or supplying it to someone else;“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.”; and

by deleting the words “an inspector” in subsection (2) and substituting the words “an Authorised Verifier or inspector”.

Section 3 of the principal Act is amended —

by deleting subsection (1) and substituting the following subsection:“(1) The metre shall be the unit of measurement of length and the kilogram shall be the unit of measurement of mass by reference to which any measurement involving a measurement of length or mass shall be made in Singapore.”; and

by deleting subsection (3).

Section 4 of the principal Act is amended —

by deleting subsection (1) and substituting the following subsection:“(1) There shall be maintained by the Board the standards of the metre and kilogram (referred to in this Act as the Singapore standards) by reference to which all other standards of —

those units; and

any other unit of measurement derived wholly or partly from any of those units,are maintained.”;

by deleting subsections (3), (4) and (5) and substituting the following subsection:“(3) The reference standards shall consist of standards of all the measures set out in Parts I and II, and the weights set out in Part III, of the Second Schedule other than capacity measures of more than 10 litres; and any such standard shall be constructed and, while it remains in use, from time to time have its value or values redetermined by reference to one or more of the Singapore standards maintained by the Board.”; and

by deleting the words “testing and stamping equipment” in subsection (7) and substituting the words “instruments for testing and the affixing of stamps and Accuracy Labels”.

Section 5 of the principal Act is amended —

by inserting, at the end of subsection (2)(a), the word “and”;

by deleting paragraph (b) of subsection (2); and

by deleting the words “weighing or measuring equipment” wherever they appear in subsection (3) and substituting in each case the words “weighing or measuring instrument”.

Section 6 of the principal Act is amended —

by deleting subsections (2) and (3) and substituting the following subsection:“(2) No person shall use the carat (metric) for trade except for the purposes of transactions in precious stones or pearls.”; and

by deleting the words “subsection (1), (2) or (3)” in subsection (4) and substituting the words “subsection (1) or (2)”.

Section 7 of the principal Act is repealed and the following sections substituted therefor:“Weighing or measuring instruments for use for trade7.—

This section shall apply to weighing or measuring instruments of such class or description as may be prescribed.

No person shall —

supply for use for trade; or

use for trade, or have in his possession for use for trade,any weighing or measuring instrument to which this section applies unless —

the instrument has been submitted to and passed as being fit for such use by an Authorised Verifier under section 7A or an inspector under section 7B; and

except as otherwise expressly provided under this Act or by regulations made under section 10, the instrument has been affixed with —

a stamp; and

an Accuracy Label,indicating that it has been so passed, and both the stamp and Accuracy Label remain undefaced otherwise than by reason of fair wear and tear.

Any person who contravenes subsection (2) shall be guilty of an offence and any weighing or measuring instrument in respect of which the offence was committed shall be liable to be forfeited.

Where —

in accordance with regulations made under section 10, any weighing or measuring instrument is passed as fit for use for trade and affixed with a stamp and an Accuracy Label only after it has been installed at the place where it is used for trade; and

the instrument is subsequently dismantled and re-installed, whether in the same or some other place,the instrument shall not be used for trade after being so re-installed until it has been retested by an Authorised Verifier or inspector.

Any person who —

knowingly uses any weighing or measuring instrument in contravention of subsection (4);

knowingly causes or permits any other person so to use it; or

knowing that the instrument is required under subsection (4) to be retested disposes of it to some other person without informing him of that requirement,shall be guilty of an offence and the instrument shall be liable to be forfeited.Inspection and testing by Authorised Verifier7A.—

Any person requiring any weighing or measuring instrument to which section 7 applies to be tested for its fitness for use for trade by an Authorised Verifier shall submit the instrument to the Authorised Verifier in such manner as the Authorised Verifier may require.

An Authorised Verifier may charge such fee as he may determine for the testing of any weighing or measuring instrument submitted to him under subsection (1).

On payment of such a fee, the Authorised Verifier shall inspect the weighing or measuring instrument and —

test the instrument for its fitness for use for trade by means of such method of testing, working standard and testing instrument as may be specified by the Controller; and

subject to the provisions of this Act and any regulations made under section 10, if the instrument being tested falls within the prescribed maximum permissible error, pass the instrument as being fit for use for trade and affix the instrument with a stamp and an Accuracy Label.

If any difference arises between an Authorised Verifier and the person who submitted the weighing or measuring instrument being tested with respect to any method of testing, working standard or testing instrument used under subsection (3)(a), that difference may with the consent of that other person, and shall at the request of that other person, be referred to the Controller whose decision shall be final.

Unless the Board otherwise allows, no Authorised Verifier shall pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him under subsection (1) unless a letter of pattern approval in respect of the pattern of that instrument has been issued by the Controller under section 8.

Where any weighing or measuring instrument submitted to an Authorised Verifier under subsection (1) is of a pattern in respect of which a letter of pattern approval granted under section 8 is for the time being in force, or of such a pattern modified only in a manner for the time being authorised by the Controller under that section, the Authorised Verifier shall not refuse to pass, or affix a stamp or an Accuracy Label on, the instrument on the ground that it is not suitable for use for trade.

For the purposes of subsection (6), if the Authorised Verifier is of the opinion that the weighing or measuring instrument is intended for use for trade for a particular purpose for which it is not suitable, he may refuse to pass it as fit for use for trade, or affix a stamp or an Accuracy Label on it, until the matter has been referred to the Controller whose decision shall be final.

Where an Authorised Verifier refuses to pass as fit for use for trade any weighing or measuring instrument, the Authorised Verifier shall —

immediately give to the person in charge of that instrument notice in writing of his refusal in such form as the Controller may require; and

as soon as practicable, send a copy of the notice to the Controller.

Where it is not possible or practicable to give a notice under subsection (8)(a), the Authorised Verifier shall attach the notice to the weighing or measuring instrument to which the notice relates.

Every Authorised Verifier shall —

keep a record of —

every inspection and test carried out by him under subsection (3); and

every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument; and

submit to the Controller, in such form, comprising such information and within such time as the Controller may require, together with such fee as may be prescribed —

a report on every inspection and test carried out by him under subsection (3); and

a report on every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument.

Any Authorised Verifier who fails to keep any record referred to in subsection (10)(a) shall be guilty of an offence.Inspection and testing by inspector7B.—

Any person requiring any weighing or measuring instrument to which section 7 applies to be tested for its fitness for use for trade by an inspector shall submit the instrument to the inspector in such manner as the Controller may direct.

On payment by the person referred to in subsection (1) of the prescribed fee, the inspector shall inspect the weighing or measuring instrument and —

test the instrument by means of such method of testing, working standard and testing instrument as he considers appropriate or, subject to any condition which may be prescribed, by means of any other instrument which has already been tested and which the inspector considers suitable for the purpose; and

subject to the provisions of this Act and any regulations made under section 10, if the instrument submitted falls within the prescribed maximum permissible error, pass the instrument as being fit for use for trade and affix the instrument with a stamp and an Accuracy Label.

If any difference arises between an inspector and the person who submitted the weighing or measuring instrument for testing with respect to any method of testing, working standard or testing instrument used under subsection (2)(a), that difference may with the consent of that other person, and shall at the request of that other person, be referred to the Controller whose decision shall be final.

Unless the Board otherwise allows, no inspector shall pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him under subsection (1) unless a letter of pattern approval in respect of the pattern of that instrument has been issued by the Controller under section 8.

Where any weighing or measuring instrument submitted to an inspector under subsection (1) is of a pattern in respect of which a letter of pattern approval granted under section 8 is for the time being in force, or of such a pattern modified only in a manner for the time being authorised by the Controller under that section, the inspector shall not refuse to pass, or affix a stamp or an Accuracy Label on, the instrument on the ground that it is not suitable for use for trade.

For the purposes of subsection (5), if the inspector is of the opinion that the weighing or measuring instrument is intended for use for trade for a particular purpose for which it is not suitable, he may refuse to pass it as fit for use for trade, or affix a stamp or an Accuracy Label on it, until the matter has been referred to the Controller whose decision shall be final. (7) Every inspector shall keep a record of every inspection and test carried out by him under subsection (2).

Nothing in this section or section 7 shall require any inspector to inspect, test or pass any weighing or measuring instrument as fit for use for the purpose of section 7 unless there is no Authorised Verifier able to do so without unreasonable delay.”.

Section 8 of the principal Act is repealed and the following section substituted therefor:“Approved patterns of instruments for use for trade8.—

Any importer or manufacturer who intends, in the course of any trade or business, to supply in Singapore any weighing or measuring instrument to which section 7 applies shall —

submit in such manner as the Controller may require the pattern of that instrument to the Controller for examination, together with such fee as may be prescribed; and

obtain from the Controller a letter of pattern approval signifying the suitability of that instrument for use for trade.

Any importer or manufacturer who, in the course of any trade or business, supplies in Singapore any weighing or measuring instrument in respect of which a letter of pattern approval from the Controller has not been obtained shall be guilty of an offence.

Upon receipt of the pattern of a weighing or measuring instrument and any prescribed fee under subsection (1), the Controller shall, in such manner as may be prescribed, examine the suitability for use for trade of the pattern of the weighing or measuring instrument, having regard in particular to the principle, materials and methods used or proposed to be used in its construction.

If, upon completion of the examination under subsection (3), the Controller is satisfied that the weighing or measuring instrument examined is suitable for use for trade, then, subject to section 9(2), he —

shall issue a letter of pattern approval of that pattern and cause particulars thereof to be published; and

may from time to time thereafter authorise such minor modifications thereof as he thinks fit and cause particulars of those modifications to be published.

The requirements of subsection (4) as to the publication of the particulars of any pattern or modification shall not apply where the letter of pattern approval is issued subject to such a condition as is referred to in subsection (6).

A letter of pattern approval issued under subsection (4) may be granted subject to a condition that, except with the consent of the Controller, the weighing or measuring instrument of the pattern approval in question shall be used for trade only for a specified period or a specified purpose.

Any person who, knowing that a condition referred to in subsection (6) has been imposed with respect to any weighing or measuring instrument —

uses, or causes or permits any other person to use, that instrument in contravention of that condition; or

disposes of that instrument to any other person in a state in which it could be used for trade without informing that other person of that condition,shall be guilty of an offence and the instrument shall be liable to be forfeited.

The Controller, after consultation with such person appearing to him to be interested as he thinks fit, may at any time revoke any letter of pattern approval or authorisation granted under this section, and shall cause notice of any such revocation to be published.

Where the Controller has revoked any letter of pattern approval or authorisation under subsection (8), any person who, knowing that the letter of pattern approval or authorisation has been revoked, and except as may be permitted by any fresh letter of pattern approval or authorisation granted in respect thereof —

uses for trade, or has in his possession for such use, or causes or permits any other person so to use, any weighing or measuring instrument of the pattern or incorporating the modification in question; or

disposes of any such instrument to any other person in a state in which it could be so used without informing that other person of the revocation,shall be guilty of an offence and the instrument shall be liable to be forfeited.

Any weighing or measuring instrument of a pattern in respect of which a letter of pattern approval has been granted under this section may, and in such cases as may be prescribed, shall, be marked in such manner as may be prescribed so as to identify it with the pattern in question.”.

Section 9 of the principal Act is amended —

by deleting subsections (1) and (2) and substituting the following subsections:“(1) The Minister may by regulations prescribe general specifications for the construction of weighing or measuring instruments to which section 7 applies.

Subject to subsection (4), where any general specification is for the time being prescribed under subsection (1), no letter of pattern approval shall be issued under section 8 in respect of the pattern of any weighing or measuring instrument unless the pattern complies with the prescribed general specifications.”;

by deleting the word “equipment” wherever it appears in subsections (3) and (4) and substituting in each case the word “instrument”;

by deleting subsection (5); and

by deleting the word “equipment” in the marginal note and substituting the word “instruments”.

Section 10 of the principal Act is amended —

by deleting subsections (1) and (2) and substituting the following subsections:“(1) The Minister may make regulations with respect to —

the materials and principles of construction of weighing or measuring instruments for use for trade;

the inspection, testing and passing as fit for use for trade of weighing or measuring instruments, and stamps and Accuracy Labels and the affixing thereof, including —

the circumstances in which the affixing of stamps and Accuracy Labels on such instruments are prohibited or are not necessary;

prohibiting the affixing of stamps or Accuracy Labels or both on prescribed instruments and requiring them to be affixed elsewhere;

the period for which stamps and Accuracy Labels are to remain in force;

the circumstances in which an inspector may remove or detain any such instrument for inspection or testing; and

the marking of any such instrument found unfit for use for trade;

the circumstances in which, conditions under which and manner in which stamps may be obliterated or defaced and Accuracy Labels cancelled;

the retesting of weighing or measuring instruments passed as fit for use for trade;

the purposes for which particular types of weighing or measuring instruments may be used for trade;

the manner of erection or use of weighing or measuring instruments used for trade;

the abbreviations of or symbols for units of measurement which may be used for trade; and

the manner in which the tare weight of road vehicles, or of road vehicles of any particular class or description, is to be determined.

The regulations made under subsection (1) may provide that any contravention thereof is an offence punishable with a fine not exceeding $2,000, and that any weighing or measuring instrument in respect of which the contravention was committed shall be liable to be forfeited.”;

by deleting the word “equipment” wherever it appears in subsection (3) and substituting in each case the word “instrument”; and

by inserting, immediately after the words “or measuring” in the marginal note, the word “instruments”.

Section 11 of the principal Act is repealed and the following section substituted therefor:“Offences in connection with affixing of stamps and Accuracy Labels on instruments11.—

Any person who, in the case of any weighing or measuring instrument used or intended to be used for trade —

not being an Authorised Verifier or an inspector or a person acting under the instructions of an Authorised Verifier or inspector —

inspects, tests or passes as fit for use for trade such instrument for the purposes of this Act;

affixes any stamp or Accuracy Label on such instrument; or

marks in any manner any plug or seal used or designed for use for the reception of a stamp;

forges, counterfeits or, except as permitted under this Act, in any way alters or defaces any stamp or Accuracy Label;

removes any stamp or Accuracy Label and inserts it onto any other such instrument; or

makes any alteration in the instrument after it has been affixed with a stamp or an Accuracy Label such as to make it false or unjust,shall be guilty of an offence.

Subsection (1)(a)(iii) and (b) shall not apply to the destruction or obliteration of any stamp, plug, seal or Accuracy Label in the course of the adjustment or repair of any weighing or measuring instrument by, or by the duly authorised agent of, a person who is a manufacturer of, or regularly engaged in the business of repairing, such instrument.

Any person who uses for trade or supplies any weighing or measuring instrument which to his knowledge —

bears a stamp or an Accuracy Label which is a forgery or counterfeit, or which has been transferred from another instrument, or which has been altered or defaced otherwise than as permitted under this Act; or

is false or unjust as the result of an alteration made in the instrument after it has been affixed with a stamp or an Accuracy Label,shall be guilty of an offence.

Any weighing or measuring instrument in respect of which an offence under this section is committed, and any stamp or instrument for the affixing of stamps and Accuracy Labels used in the commission of the offence, shall be liable to be forfeited.”.

Section 12 of the principal Act is amended —

by deleting the words “weighing or measuring equipment” wherever they appear in subsections (1) and (2) and substituting in each case the words “weighing or measuring instrument”;

by deleting the word “equipment” in subsection (2) and substituting the word “instrument”; and

by deleting the words “weighing or measuring equipment” in the marginal note and substituting the words “weighing or measuring instrument”.

Section 13 of the principal Act is repealed.

Section 14 of the principal Act is amended —

by deleting the words “weighing or measuring equipment” in subsections (1) and (3) and substituting in each case the words “weighing or measuring instrument”;

by deleting the word “equipment” in subsections (1) and (3) and substituting in each case the word “instrument”;

by deleting subsection (2) and substituting the following subsection:“(2) Without prejudice to the liability of any weighing or measuring instrument to be forfeited, it shall be a defence for any person charged with an offence under subsection (1) to show —

in respect of the use for trade of the weighing or measuring instrument, that —

he used the instrument only in the course of his employment by some other person; and

he neither knew, nor had any reason to suspect, that the instrument was false or unjust; or

in respect of the use for trade or the possession for use for trade of the weighing or measuring instrument, that —

the use or possession of the instrument took place during a period of 12 months immediately following the month in which an Accuracy Label for the instrument was issued; and

he neither knew, nor had any reason to suspect, that the instrument was false or unjust.”; and

by deleting the word “equipment” in the marginal note and substituting the word “instruments”.

Section 15 of the principal Act is amended —

by deleting the words “weighing or measuring equipment” and substituting the words “weighing or measuring instrument”;

by deleting the word “equipment” and substituting the word “instrument”; and

by deleting the word “equipment” in the marginal note and substituting the word “instruments”.

Section 16 of the principal Act is amended —

by deleting the words “, after consultation with the Minister charged with the responsibility for trade and industry,” in subsections (1) and (4); and

by deleting the words “, after consultation with the Minister in charge of trade and industry,” in subsection (3).

Section 18 of the principal Act is repealed and the following section substituted therefor:“Sale of goods in metric units18.—

Subject to the provisions of this Part, any person who —

in relation to any matter, work, goods or other thing, makes or enters into any contract, or engages in any dealing or transaction, by reference to any weight or measure other than a weight or measure of the metric system;

uses for trade any weight or measure other than a weight or measure of the metric system;

uses for trade any weighing or measuring instrument other than a weighing or measuring instrument which weighs or measures only by reference to weights or measures other than weights or measures of the metric system; or

in the course of or for the purposes of any trade or business, uses, whether on any package, or in any price list or advertisement or otherwise, any unit of a weight or measure other than a weight or measure of the metric system, in advertising, displaying, or exposing goods for sale,shall be guilty of an offence.

Nothing in subsection (1)(d) shall apply to the use by any person of any unit of a weight or measure which is not a unit of a weight or measure of the metric system on any goods displayed or exposed for sale by retail or on the package of any such goods or on both if —

that unit is additional to a unit of a weight or measure of the metric system; and

that unit, the figures in which that unit and the numerical value of that unit are marked no larger than those of that metric weight or measure.”.