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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


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”.


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.”.


7. Subsection 9(2) of the principal Act is amended by substituting

for the words “Tertiary Standards” the words “National Measurement

Standards”.


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”;


(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”.


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”.


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.”.


Amendment of section 25A

11. The principal Act is amended by substituting for section 25A


“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.”.




“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.”.


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”.


Deletion of sections 33 and 34

14. The principal Act is amended by deleting sections 33 and 34.




“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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PERCETAKAN NASIONAL MALAYSIA BERHAD,

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