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Weights and Measures (Amendment) 1
LAWS OF MALAYSIA
Act A1309
WEIGHTS AND MEASURES (AMENDMENT)
ACT 2007
Laws of Malaysia2 ACT A1309
Date of Royal Assent ... ... 29 August 2007
Date of publication in theGazette ... ... ... 30 August 2007
Publisher’s Copyright C
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Finance 3
An Act to amend the Weights and Measures Act 1972.
[ ]
ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the Weights and Measures (Amendment) Act 2007.
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of long title
2. The Weights and Measures Act 1972 [Act 71], which is referred to as “the principal Act” in this Act, is amended by substituting for the long title the following long title:
“An Act to regulate weights and measures and instruments for weighing and measuring and to make provisions for matters connected therewith.”.
Amendment of section 2
3. Subsection 2(1) of the principal Act is amended—
(a) by substituting for the definition of “instrument for weighing or measuring” the following definition:
‘ “instrument for weighing or measuring” means any instrument or machine for measuring in terms of length, area, volume, capacity, time, weight, number
LAWS OF MALAYSIA
Act A1309
WEIGHTS AND MEASURES (AMENDMENT)
ACT 2007
Laws of Malaysia4 ACT A1309
or any other quantity, and in the case of an instrument
for weighing, includes the weights used in connection
therewith;’;
(b) by inserting after the definition of “Minister” the following
definition:
‘ “National Measurement Standards Laboratory” has
the same meaning as is assigned to that expression
in the National Measurement System Act 2007
[Act 675];’;
(c) by substituting for the definition of “Minister” the following
definition:
‘ “Minister” means the Minister responsible for
domestic trade and consumer affairs;’;
(d) in the definition of “Custodian”, by substituting for the
words “appointed under” the words “referred to in”;
(e) by substituting for the definition of “International System
of Units” the following definition:
‘ “International System of Units” has the same
meaning as is assigned to that expression in the
National Measurement System Act 2007;’;
(f) by inserting after the definition of “Minister” the following
definition:
‘ “National Measurement Standards” has the same
meaning as is assigned to that expression in the
National Measurement System Act 2007;’;
(g) by deleting the definition of “Secondary Standards”;
(h) by deleting the definition of “Tertiary Standards”; and
(i) by deleting the definition of “Malaysian Primary
Standards”.
Weights and Measures (Amendment) 5
Amendment of Part II
4. The heading of Part II of the principal Act is amended by
substituting for the words “UNITS OF MEASUREMENT” the
words “TRACEABILITY OF MEASUREMENT”.
Deletion of sections 3, 4, 5, 6, 7 and 8
5. The principal Act is amended by deleting sections 3, 4, 5, 6,
7 dan 8.
New section 8A
6. The principal Act is amended by inserting after section 8 the
following section:
“Traceability of measurement
8A. Any measurement made for the purpose of this Act shall
be traceable to the National Measurement Standards as set
out in the National Measurement System Act 2007.”.
Amendment of section 9
7. Subsection 9(2) of the principal Act is amended by substituting
for the words “Tertiary Standards” the words “National Measurement
Standards”.
Amendment of section 10
8. Section 10 of the principal Act is amended—
(a) in the shoulder note, by deleting the words “Malaysian
Primary Standards, Secondary Standards, Tertiary Standards
and”;
(b) by deleting subsection (1);
(c) in subsection (2), by deleting the words “Secondary
Standards, the Tertiary Standards and the”;
Laws of Malaysia6 ACT A1309
(d) by substituting for subsection (3) the following
subsection:
“(3) The comparison and verification of the Working
Standards shall be carried out by the Custodian of
Weights and Measures in the manner to be prescribed
by the Minister and on being satisfied of the accuracy
of the Working Standards, the Custodian of Weights and
Measures shall issue a certificate of such verification
and such certificate shall be retained by the person who
has custody of the relevant Working Standards.”;
(e) in subsection (4)—
(i) by deleting the words “Secondary Standards, all
Tertiary Standards and all”; and
(ii) by substituting for the words “every such standard”
the words “such Working Standards”; and
(f) in subsection (5), by deleting the words “any Secondary
Standard or any Tertiary Standard or”.
Amendment of section 12
9. Paragraph 12(1)(a) of the principal Act is amended by inserting
after the words “First Schedule” the words “and Second Schedule
to the National Measurement System Act 2007”.
Amendment of section 25
10. The principal Act is amended by substituting for section 25
the following section:
“Custodian of Weights and Measures
25. (1) The National Measurement Standards Laboratory shall
be the Custodian of Weights and Measures for the purposes
of carrying into effect the provisions of this Act.
(2) The Minister may, by regulations, prescribe the duties
and powers of the Custodian.”.
Weights and Measures (Amendment) 7
Amendment of section 25A
11. The principal Act is amended by substituting for section 25A
the following section:
“Custodian to advise Minister
25A. The Custodian of Weights and Measures shall advise
the Minister on all matters related to calibration, verification
and testing of weights and measures or instruments for
weighing or measuring and other matters related to metrology
except the International System of Units and systems of
measurement.”.
Amendment of section 27A
12. The principal Act is amended by substituting for section 27A
the following section:
“Institution of prosecution
27A. No prosecution for or in relation to any offence under
this Act shall be instituted except by or with the written
consent of the Public Prosecutor.”.
Amendment of section 29
13. Subsection 29(2) of the principal Act is amended—
(a) in paragraph (a), by deleting the words “Malaysian Primary
Standards, Secondary Standards, Tertiary Standards
and”;
(b) in paragraph (b), by deleting the words “Malaysian Primary
Standards, Secondary Standards, Tertiary Standards and”;
and
(c) in paragraph (d), by deleting the words “Malaysian Primary
Standards, Secondary Standards, Tertiary Standards
or”.
Laws of Malaysia8 ACT A1309
Deletion of sections 33 and 34
14. The principal Act is amended by deleting sections 33 and 34.
Amendment of section 34A
15. The principal Act is amended by substituting for section 34A
the following section:
“Compounding of offences
34A. (1) The Chief Inspector may, with the consent in writing of the Public Prosecutor, offer to compound any offence under any provision of this Act or under regulations made under this Act by accepting from the person reasonably suspected of having committed the offence such amount of money not exceeding the maximum fine to which the person would have been liable if he had been convicted of the offence, within such time as may be specified in the offer.
(2) An offer under subsection (1) may be made at any time after the offence has been committed and where the amount specified in the offer is not paid within the time specified in the offer or such extended time as the Chief Inspector may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(3) Upon receipt of the amount under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.”.
Deletion of First Schedule
16. The principal Act is amended by deleting the First Schedule.
Deletion of Third Schedule
17. The principal Act is amended by deleting the Third Schedule.
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