PART III | WEIGHING AND MEASURING FOR TRADE |
| Meaning of “use for trade” |
5.—(1) For the purposes of this Act, “use for trade” means, subject to subsection (2), use in Singapore in connection with, or with a view to, a transaction for —| (a) | the transferring or rendering of money or money’s worth in consideration of money or money’s worth; or | | (b) | the making of a payment in respect of any toll or duty, |
| (i) | the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement of the quantity of goods to which the transaction relates; and | | (ii) | the use is for the purpose of the determination or statement of that quantity. |
(2) Subsection (1) shall not apply where —| (a) | the determination or statement is a determination or statement of the quantity of goods required for despatch to a destination outside Singapore; and [30/2005 wef 01/01/2006] | | (b) | [Deleted by Act 30/2005 wef 01/01/2006] | | (c) | no transfer or rendering of money or money’s worth is involved other than the passing of the title to the goods and the consideration therefor. |
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| (3) Any weighing or measuring instrument which is made available in Singapore for use by the public, whether on payment or otherwise, shall be treated for the purposes of this Part as weighing or measuring instrument in use for trade, whether or not it would apart from this subsection be so treated. [30/2005 wef 01/01/2006] |
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| Units of measurements and weights lawful for use for trade |
6.—(1) Subject to section 40, no person shall use for trade any unit of measurement of length, area, volume, capacity, mass or weight which is not included in the First Schedule.| (2) No person shall use the carat (metric) for trade except for the purposes of transactions in precious stones or pearls. [30/2005 wef 01/01/2006] |
| (3) [Deleted by Act 30/2005 wef 01/01/2006] |
| (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence, and any measure or weight used, or in any person’s possession for use, in contravention of any of those subsections shall be liable to be forfeited. [30/2005 wef 01/01/2006] |
| (5) The Minister may by regulations prescribe what may be treated for the purposes of use for trade as the equivalent of, or of any multiple or fraction of, any unit of measurement or weight included in the First Schedule in terms of any other such unit. |
(6) Subsection (1) shall not apply to the prescribing of, or the dispensing of a prescription for, drugs, and nothing in any regulations made under subsection (5) shall apply to any transaction in drugs; but the Minister for Health may by regulations, which shall have effect notwithstanding anything in, or in any subsidiary legislation made under, any other enactment —| (a) | prescribe what may be treated for the purposes of dealings with drugs as the equivalent of, or of any multiple or fraction of, any unit of measurement which is included in the First Schedule in terms of any other such unit; | | (b) | require that any person carrying out any such dealing with drugs, as is specified in the regulations for the purposes of which the quantity of the drugs is expressed in terms of any such unit which is so specified, shall carry out that dealing in terms of such equivalent quantity prescribed under paragraph (a) as is so specified. |
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| (7) The Minister may from time to time by order amend the First Schedule by adding to or removing from Parts I to V of that Schedule any unit of measurement of length, of area, of volume, of capacity, or of mass or weight, as the case may be. |
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| Weighing or measuring instruments for use for trade |
7.—(1) This section shall apply to weighing or measuring instruments of such class or description as may be prescribed.(2) No person shall —| (a) | supply for use for trade; or | | (b) | use for trade, or have in his possession for use for trade, |
| any weighing or measuring instrument to which this section applies unless — |
| (i) | 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 | | (ii) | except as otherwise expressly provided under this Act or by regulations made under section 10, the instrument has been affixed with —| (A) | a stamp; and | | (B) | 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. |
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| (3) 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. |
(4) Where —| (a) | 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 | | (b) | 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. |
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(5) Any person who —| (a) | knowingly uses any weighing or measuring instrument in contravention of subsection (4); | | (b) | knowingly causes or permits any other person so to use it; or | | (c) | 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. |
[30/2005 wef 01/01/2006] |
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| Inspection and testing by Authorised Verifier |
7A.—(1) 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.| (2) 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). |
(3) On payment of such a fee, the Authorised Verifier shall inspect the weighing or measuring instrument and —| (a) | 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 | | (b) | 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. |
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| (4) 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. |
| (5) 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. |
| (6) 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. |
| (7) 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. |
(8) Where an Authorised Verifier refuses to pass as fit for use for trade any weighing or measuring instrument, the Authorised Verifier shall —| (a) | 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 | | (b) | as soon as practicable, send a copy of the notice to the Controller. |
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| (9) 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. |
(10) Every Authorised Verifier shall —| (a) | keep a record of —| (i) | every inspection and test carried out by him under subsection (3); and | | (ii) | every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument; and |
| | (b) | 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 —| (i) | a report on every inspection and test carried out by him under subsection (3); and | | (ii) | a report on every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument. |
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| (11) Any Authorised Verifier who fails to keep any record referred to in subsection (10)(a) shall be guilty of an offence. [30/2005 wef 01/01/2006] |
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| Inspection and testing by inspector |
7B.—(1) 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.(2) On payment by the person referred to in subsection (1) of the prescribed fee, the inspector shall inspect the weighing or measuring instrument and —| (a) | 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 | | (b) | 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. |
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| (3) 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. |
| (4) 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. |
| (5) 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. |
| (6) 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). |
| (8) 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. [30/2005 wef 01/01/2006] |
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| Approved patterns of instruments for use for trade |
8.—(1) 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 —| (a) | 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 | | (b) | obtain from the Controller a letter of pattern approval signifying the suitability of that instrument for use for trade. |
| (2) 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. |
| (3) 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. |
(4) 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 —| (a) | shall issue a letter of pattern approval of that pattern and cause particulars thereof to be published; and | | (b) | may from time to time thereafter authorise such minor modifications thereof as he thinks fit and cause particulars of those modifications to be published. |
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| (5) 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). |
| (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. |
(7) Any person who, knowing that a condition referred to in subsection (6) has been imposed with respect to any weighing or measuring instrument —| (a) | uses, or causes or permits any other person to use, that instrument in contravention of that condition; or | | (b) | 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. |
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| (8) 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. |
(9) 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 —| (a) | 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 | | (b) | 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. |
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| (10) 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. [30/2005 wef 01/01/2006] |
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| General specifications of instruments for use for trade |
| 9.—(1) The Minister may by regulations prescribe general specifications for the construction of weighing or measuring instruments to which section 7 applies. [30/2005 wef 01/01/2006] | (2) 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. [30/2005 wef 01/01/2006] |
| (3) Where any specification prescribed by regulations made under this section is varied or revoked by further regulations made thereunder, then if any person uses for trade, or has in his possession for such use, or causes or permits any other person so to use, any instrument which conformed with that specification but which to his knowledge no longer conforms to any specification to prescribed, 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 that it no longer so conforms, he shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005 wef 01/01/2006] |
| (4) Where, in the case of any particular instrument, the Controller is of the opinion that there are special circumstances which make it impracticable or unnecessary for that instrument to comply with any particular requirement of any specification prescribed under this section, the Controller may exempt that instrument from that requirement subject to compliance with such conditions, if any, as he thinks fit; and if any person knowingly contravenes any condition imposed with respect to any instrument by virtue of this subsection, he shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005 wef 01/01/2006] |
| (5) [Deleted by Act 30/2005 wef 01/01/2006] |
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| Regulations relating to weighing or measuring instruments for trade |
10.—(1) The Minister may make regulations with respect to —| (a) | the materials and principles of construction of weighing or measuring instruments for use for trade; | | (b) | 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 —| (i) | the circumstances in which the affixing of stamps and Accuracy Labels on such instruments are prohibited or are not necessary; | | (ii) | prohibiting the affixing of stamps or Accuracy Labels or both on prescribed instruments and requiring them to be affixed elsewhere; | | (iii) | the period for which stamps and Accuracy Labels are to remain in force; | | (iv) | the circumstances in which an inspector may remove or detain any such instrument for inspection or testing; and | | (v) | the marking of any such instrument found unfit for use for trade; |
| | (c) | the circumstances in which, conditions under which and manner in which stamps may be obliterated or defaced and Accuracy Labels cancelled; | | (d) | the retesting of weighing or measuring instruments passed as fit for use for trade; | | (e) | the purposes for which particular types of weighing or measuring instruments may be used for trade; | | (f) | the manner of erection or use of weighing or measuring instruments used for trade; | | (g) | the abbreviations of or symbols for units of measurement which may be used for trade; and | | (h) | the manner in which the tare weight of road vehicles, or of road vehicles of any particular class or description, is to be determined. [30/2005 wef 01/01/2006] |
| (2) 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. [30/2005 wef 01/01/2006] |
| (3) Where in the special circumstances of any particular case it appears to be impracticable or unnecessary that any requirement of any regulations made under this section should be complied with, the Minister may if he thinks fit dispense with the observance of that requirement subject to compliance with such conditions, if any, as he thinks fit to impose, and if any person knowingly contravenes any condition imposed with respect to any instrument by virtue of this subsection he shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005 wef 01/01/2006] |
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| Offences in connection with affixing of stamps and Accuracy Labels on instruments |
11.—(1) Any person who, in the case of any weighing or measuring instrument used or intended to be used for trade —| (a) | not being an Authorised Verifier or an inspector or a person acting under the instructions of an Authorised Verifier or inspector —| (i) | inspects, tests or passes as fit for use for trade such instrument for the purposes of this Act; | | (ii) | affixes any stamp or Accuracy Label on such instrument; or | | (iii) | marks in any manner any plug or seal used or designed for use for the reception of a stamp; |
| | (b) | forges, counterfeits or, except as permitted under this Act, in any way alters or defaces any stamp or Accuracy Label; | | (c) | removes any stamp or Accuracy Label and inserts it onto any other such instrument; or | | (d) | 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. |
| (2) 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. |
(3) Any person who uses for trade or supplies any weighing or measuring instrument which to his knowledge —| (a) | 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 | | (b) | 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. |
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| (4) 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. [30/2005 wef 01/01/2006] |
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| Power to ban use of weighing or measuring instrument |
| 12.—(1) The Minister may by order prohibit the use of any weighing or measuring instrument for such purposes as he may specify, notwithstanding that the weighing or measuring instrument has been inspected, tested and passed as fit for use for trade under this Part, if he is satisfied that the use of such weighing or measuring instrument should be discontinued for such purposes as may be specified in the order. [30/2005 wef 01/01/2006] | (2) If any person uses for trade, or has in his possession for trade, any weighing or measuring instrument to which an order made under subsection (1) applies, he shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005 wef 01/01/2006] |
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| 13. [Repealed by Act 30/2005 wef 01/01/2006] |
| Other offences in connection with instruments |
| 14.—(1) If any person uses for trade, or has in his possession for use for trade, any weighing or measuring instrument which is false or unjust, he shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005 wef 01/01/2006] (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 —| (a) | in respect of the use for trade of the weighing or measuring instrument, that —| (i) | he used the instrument only in the course of his employment by some other person; and | | (ii) | he neither knew, nor had any reason to suspect, that the instrument was false or unjust; or |
| | (b) | in respect of the use for trade or the possession for use for trade of the weighing or measuring instrument, that —| (i) | 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 | | (ii) | he neither knew, nor had any reason to suspect, that the instrument was false or unjust. [30/2005 wef 01/01/2006] |
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| (3) If any fraud is committed in the using of any weighing or measuring instrument for trade, the person committing the fraud and any other person who is a party thereto shall be guilty of an offence and the instrument shall be liable to be forfeited. [30/2005 wef 01/01/2006] |
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| Evidence of possession of instruments for use for trade |
| 15. Where any weighing or measuring instrument is found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be deemed for the purposes of this Act, unless the contrary is proved, to have that instrument in his possession for use for trade. [30/2005 wef 01/01/2006] |
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