Trade Metrology Act, 1973 (Act No. 77 of 1973)1. Definitions |
In this Act, unless the context otherwise indicates—
means any laboratory accredited as contemplated in the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act, 2006 (Act No. 19 of 2006);
[Definition substituted by section 1(a) of Standards Act No. 8 of 2008]
means the Board as defined in section 1 of the National Regulator for Compulsory Specifications Act, 2008;
[Definition inserted by section 1(b) of Standards Act No. 8 of 2008]
in relation to a measuring instrument, means to stamp, seal or mark, after verification or testing, with a certifying stamp, seal or mark, or to certify in writing in accordance with the provisions of this Act, and the word re-certify has a corresponding meaning.
means the Chief Executive Officer contemplated in section 21 of the National Regulator for Compulsory Specifications, 2008;
[Definition inserted by section 1(c) of Standards Act No. 8 of 2008]
means the Metrology Advisory Committee appointed under section 6;
[Definition inserted by section 1(a) of Act No 15 of 1990]
[Definition deleted by section 1(b) of Act No. 42 of 1994]
in relation to any measuring instrument, means correct with due allowance for the limits of error or sensitivity prescribed by regulation;
[Definition deleted by section 1(b) of Act No. 15 of 1990]
means the Director of Trade Metrology appointed or deemed to be appointed under section 2;
[Definition deleted by section 1(b) of Act No. 42 of 1994]
means any examiner appointed under section 4;
means any commodity made up or packaged in any manner as a single unit or entity prior to the time of sale thereof (irrespective of whether such unit or entity consists of one or more than one item of such commodity and irrespective of whether such unit or entity is wholly or partly enclosed or is unenclosed and irrespective of the method used to obtain such unit or entity) for the purpose of selling such commodity as such unit or entity, and the word prepacked, when used in connection with the word "goods", has a corresponding meaning;
means any inspector appointed under section 3;
means any appliance, equipment, instrument, apparatus or other thing or any combination thereof by means of which a measurement of physical quantity, expressed in any measuring unit or a mathematical function of measuring units, may be made, and includes any appliance, equipment, instrument, apparatus or other thing or any combination thereof by means of which a grading or counting in connection with the measurement of any physical quantity or a counting by means of gravitation may be effected;
[Definition substituted by section 1 of Act No 34 of 1975]
means any unit published or prescribed in terms of section 2 of the Measurement Units and Measurement Standards Act, 2006 (Act No. 18 of 2006), but does not include any such unit which, by regulation made under this Act, is excluded for the purposes of this Act;
[Definition substituted by section 1(d) of Standards Act No. 8 of 2008]
means the Minister of Trade and Industry;
[Definition substituted by section 1(b) of Act No. 17 of 1993]
in relation to measuring, means any concept capable of being measured and of which the magnitude can be expressed in terms of a measuring unit;
in relation to the use, possession, manufacture or import of any measuring instrument or in relation to the expression of the quantity of goods, means any purpose prescribed by regulation;
[Definition deleted by section 1(e) of Standards Act No. 8 of 2008]
means any proclamation made under this Act;
[Definition deleted by section 1(a) of Act No. 42 of 1994]
means any regulation made under this Act;
in relation to any measuring instrument, means any work carried out on, or any adjustment made to, such measuring instrument in order to restore or maintain it in a certifiable condition but not work carried out on, or adjustment made to, a specified measuring instrument if such work or adjustment does not in ally way change the meteorological characteristics or the accuracy of such measuring instrument;
[Definition inserted by section 1(e) of Act No. 42 of 1994]
in relation to a measuring instrument, means any person who repairs at such instrument;
[Definition inserted by section 1(c) of Act No. 42 of 1994]
[Definition deleted by section 1(e) of Act No. 15 of 1990]
means the Council of the South African Bureau of Standards referred to in section 6 of the Standards Act, 1993 (Act No. 29 of 1993);
[Definition substituted by section 1(1) of Act No. 42 of 1994]
includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale, or to exchange or to dispose of for any consideration whatever, or to transmit, convey or deliver ill pursuance of a sale, exchange or disposal as aforesaid, and the words seller, selling, sale and sold have a corresponding meaning;
means any measuring instrument of a class or kind specified by the director but not a measuring instrument which has been rejected in terms of section 25;
[Definition inserted by section 1(g) of Act No. 42 of 1994]
includes cast, engrave, etch, print or otherwise mark, in such a manner as to be as far as possible indelible;
means any board, council or body of persons established by or under any law;
[Definition substituted by section 1(h) of Act No. 42 of 1994]
includes any regulation or proclamation;
includes—
| (a) | the making, effecting or concluding of any contract, bargain, sale, purchase or transaction, or any payment ill connection therewith; or |
| (b) | any payment for services rendered; or |
| (c) | the collection of tolls, rates, taxes or other fees, in connection with which any measuring instrument is used; |
means a measuring unit other than a measuring unit as defined in this Act;
in relation to a measuring instrument, means not certified or not re-certified if such measuring instrument should under this Act have been certified or re-certified;
does not include railway rolling stock;
means any person appointed as such in terms of section 3;
[Definition inserted by section 1(c) of Act No. 17 of 1993]
means certify the accuracy of any measuring instrument on the basis of a relevant national measuring standard as defined in section 1 of the Measuring Units and National Measuring Standards Act, 1977 (Act No. 76 of 1973).
[Definition inserted by section 1(c) of Act No. 17 of 1993]