Long Title

Part I PRELIMINARY

Part II UNITS AND STANDARDS OF MEASUREMENT

Part III WEIGHING AND MEASURING FOR TRADE

Part IV REGULATION OF CERTAIN TRANSACTIONS IN GOODS

Part V ADMINISTRATION

Part VI MISCELLANEOUS

FIRST SCHEDULE DEFINITIONS OF UNITS OF MEASUREMENT (metric units)

SECOND SCHEDULE MEASURES AND WEIGHTS (metric system)

THIRD SCHEDULE Customary Weights

Legislative History

PART VI
MISCELLANEOUS
Obstruction of inspectors
32.
—(1)  Any person who —
(a)
wilfully obstructs an inspector acting in the execution of this Act or any subsidiary legislation made thereunder;
(b)
wilfully fails to comply with any requirement properly made of him by an inspector under section 24 or 25; or
(c)
without reasonable cause fails to give any inspector acting as aforesaid any other assistance or information which the inspector may reasonably require of him for the purposes of the performance by the inspector of his functions under this Act or any subsidiary legislation made thereunder,
shall be guilty of an offence.
(2)  If any person, in giving to an inspector any such information as is mentioned in subsection (1), gives any information which he knows to be false, he shall be guilty of an offence.
Composition of offences
33.
—(1)  The Controller may compound any offence under this Act and any subsidiary legislation made thereunder by accepting from the person reasonably suspected of having committed such offence a sum not exceeding $2,000.
(2)  Any sum of money received by way of composition as aforesaid shall be paid into the Consolidated Fund.
Jurisdiction
34.  All offences under this Act and any subsidiary legislation made thereunder may be prosecuted and all fines and forfeiture under this Act and the subsidiary legislation may be recovered before a Magistrates’ Court or District Court.
Penalties
35.
—(1)  Any person guilty of an offence under section 11(1), 11(2), 14(1), 14(3), 19(1), 19(2) or 32(1), shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both.
(2)  Any person guilty of an offence under any provision of this Act other than those mentioned in subsection (1) shall be liable on conviction to a fine not exceeding $2,000.
(3)  No contract for the sale or carriage for reward of any goods shall be void by reason only of a contravention of any provision of this Act or of any subsidiary legislation made thereunder, with respect to any document which is, or is required by that provision to be, associated with the goods.
Offences by corporations
36.
—(1)  Where an offence under, or under any instrument made under, this Act or any enactment falling to be repealed thereby which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2)  In subsection (1), “director”, in relation to any body corporate established under any written law, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
Fees, etc., collected by Board
36A.  All fees, charges and moneys collected under this Act, other than composition sums, shall be paid to the Board.
Exemption
36B.  The Board may, subject to the general or special directions of the Minister, and by order published in the Gazette, exempt —
(a)
any person or class of persons; and
(b)
any weighing or measuring instrument or class of weighing or measuring instruments,
from all or any of the provisions of this Act or any subsidiary legislation made thereunder, subject to such terms and conditions as the Board may impose.
Regulations
37.  The Minister may make regulations generally for carrying out the purposes and provisions of this Act and, in particular, may make regulations —
(a)
to provide for the form and manner of the application for appointment as an Authorised Verifier;
(b)
to provide for the qualifications and other requirements for Authorised Verifiers;
(c)
to provide for the conditions and duration of appointment of Authorised Verifiers;
(d)
to provide for the practice and conduct of Authorised Verifiers, including the carrying out of any work of Authorised Verifiers specified in this Act or any subsidiary legislation made thereunder, the use of any means of giving publicity to their practice and the use of titles and qualifications;
(e)
to prohibit absolutely or conditionally, or to regulate the manufacture, import or supply of any weighing or measuring instrument, whether in all cases or in any specified case or class of cases and subject to such exceptions as may be made by the regulations;
(f)
to require the registration of —
(i)
any weighing or measuring instrument; and
(ii)
any person involved in the manufacture, import or supply of any weighing or measuring instrument,
whether in all cases or in any specified case or class of cases and subject to such exceptions as may be made by the regulations;
(g)
to provide for the determination of the weighed average quantity of goods for the purposes of section 19, including —
(i)
the statistical basis or method by which packages are to be selected for counting, examining, measuring or weighing;
(ii)
the statistical basis or method by which the minimum number of packages to be selected is to be set;
(iii)
the circumstances, if any, in which the minimum number of packages to be selected may be varied;
(iv)
the maximum amount of error allowed in the weight, measure or number of goods in a single selected package; and
(v)
the maximum amount of error allowed in the weight, measure or number of goods in a group of selected packages examined at one time;
(h)
to prescribe fees and charges for any purpose of this Act or any subsidiary legislation made thereunder; and
(i)
to prescribe anything which is to be or may be prescribed under this Act.
Orders
38.  Any order made by the Minister under this Act shall be made by subsidiary legislation and be published in the Gazette and such order may make different provisions for different circumstances.
Application to the Government
39.
—(1)  The President may, by order published in the Gazette, provide for the application to the Government of such of the provisions of this Act or of any subsidiary legislation made thereunder as may be specified in the order, with such exceptions, adaptations and modifications as may be so specified.
(2)  Without prejudice to the generality of subsection (1), an order made under this Act may make special provisions for the enforcement of any provisions applied by the order and in particular as to the person liable to be proceeded against for any offence under any such provision.
(3)  An order made under this section may be varied or revoked by subsequent orders so made.
Savings
40.
—(1)  The Minister may by regulations prescribe the transactions in which, notwithstanding anything in this Act, it shall be lawful to use any unit of the local customary weights and measures as may be specified in the Third Schedule and having the values defined therein.
(2)  The Minister may, from time to time, by order amend the Third Schedule by removing any unit of measurement of length, of area, of volume, of capacity, or of mass or weight, as the case may be.
(3)  Where any weighing or measuring instrument was being used for trade immediately before the date of commencement of the Weights and Measures (Amendment) Act 2005 in compliance with this Act in force immediately before that date —
(a)
nothing in section 7 shall prevent the continued use for trade of that weighing or measuring instrument notwithstanding that it does not have an Accuracy Label affixed to it; and
(b)
subject to subsection (4), nothing in section 7A or 7B shall prevent the weighing or measuring instrument from being affixed with a stamp or Accuracy Label notwithstanding that no letter of pattern approval has been issued in respect of that weighing or measuring instrument.
(4)  Subsection (3)(b) shall not apply to any weighing or measuring instrument specified by the Board in a notification published in the Gazette.
Transitional provision
41.  Notwithstanding the repeal of the Weights and Measures Act (1970 Ed., Cap.263), any weighing or measuring equipment tested, passed and stamped under that Act shall be deemed to have been tested, passed and stamped under a corresponding provision of this Act.