Weights and Measures Act 1975

Weights and Measures Act 1975

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act relating to the use of uniform weights and measures throughout Singapore.

[1 January 1976]

PART 1

PRELIMINARY

Short title

1.  This Act is the Weights and Measures Act 1975.

Interpretation

2.—(1)  In this Act, unless the context otherwise requires —

“Accuracy Label” means a mark referred to in section 7(2)(d)(ii) for use as evidence of the passing of any weighing or measuring instrument as fit for use for trade;

“Authorised Verifier” means any person appointed by the Commission under section 29A;

[Act 13 of 2025 wef 01/07/2025]

[Deleted by Act 13 of 2025 wef 01/07/2025]

“catch weight goods” means goods that —

(a) are enclosed in a package;

(b) cannot be portioned to a predetermined quantity because of their nature; and

(c) are usually sold in varying quantities;

“check-weighed”, in relation to any vehicle, means weighed with its load by means of the nearest suitable and available weighing instrument, and weighed again after it has been unloaded by means of the same or other suitable weighing instrument;

“Commission” means the Competition and Consumer Commission of Singapore established by section 3 of the Competition Act 2004;

[Act 13 of 2025 wef 01/07/2025]

“constructional use”, in relation to any goods, means the use of those goods in constructional work in the course of the carrying on of a business;

“container” includes any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by way of attaching the goods to, or winding the goods round, some other article, and in particular includes a wrapper or confining band;

“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions are to be construed accordingly;

“Controller” means the Controller of Weights and Measures appointed under section 29 and includes any officer duly authorised by the Controller to act on his or her behalf;

“desiccating goods” means any goods made up in a package that lose weight or volume solely through evaporation when the package is made up;

[Deleted by Act 31 of 2022 wef 01/06/2024]

“food” has the meaning given by section 4 of the Food Safety and Security Act 2025;

[Act 7 of 2025 wef 28/11/2025]

“gross weight”, in relation to any goods, means the aggregate weight of the goods and any container in or on which they are made up;

“inadequate package” means a package enclosing goods that contain less than the quantity stated on the package or a label attached to the package, where the deficiency is more than twice the amount of error prescribed for the purpose of this definition;

“indication of quantity”, in relation to any container in or on which goods are made up, means a written statement to the effect that those goods are of, or of not less than, a specified quantity by net weight, gross weight or other measurement or by number, as the case may require;

“industrial use”, in relation to any goods, means the use of those goods in the manufacture of, or for incorporation in, goods of a different description in the course of the carrying on of a business;

“inspector” means an inspector of weights and measures appointed under section 29;

“international definition”, in relation to any unit of measurement, means the definition of that unit recognised by the General Conferences of Weights and Measures from time to time convened by the International Bureau of Weights and Measures;

“lot of packages” means a collection of packages enclosing goods that —

(a) are of the same kind;

(b) are of the same stated weight, measure or number; and

(c) are available for inspection at the same time and place;

“mark” includes label;

“non-standard package” means a package enclosing goods that contains less than the quantity stated on the package or a label attached to it, where the deficiency is more than the amount of error prescribed for the purpose of this definition but not more than twice that prescribed amount of error;

“occupier”, in relation to any stall, vehicle, ship or aircraft or in relation to the use of any place for any purpose, means the person for the time being in charge of the stall, vehicle, ship or aircraft or (as the case may be) the person for the time being using that place for that purpose;

“premises”, except in section 28(3), includes any place and any stall, vehicle, ship or aircraft;

“prepacked” means made up in advance ready for retail sale in or on a container; and on any premises where articles of any description are so made up, or are kept or stored for sale after being so made up, any article of that description found made up in or on a container is deemed to be prepacked unless the contrary is proved; and it is not sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of this Act or any subsidiary legislation made under this Act with respect to the prepacking of such articles;

“sale by retail” means a sale to a person buying for the person’s own use or consumption;

“ship” includes any boat and any other description of vessel used in navigation;

“stamp” means a mark referred to in section 7(2)(d)(i) for use as evidence of the passing of any weighing or measuring instrument as fit for use for trade;

“supply”, in relation to a weighing or measuring instrument, includes —

(a) selling the weighing or measuring instrument, whether by wholesale or retail or otherwise;

(b) supplying the weighing or measuring instrument by way of exchange, lease, loan, hire or hire-purchase;

(c) supplying the weighing or measuring instrument, whether with or without charge, by way of sample or otherwise;

(d) offering or exposing the weighing or measuring instrument for sale or supply; and

(e) keeping or having the weighing or measuring instrument for the purpose of selling or supplying it to someone else;

“weighing or measuring instrument” means an instrument for measuring in terms of length, area, volume, capacity, weight or number, whether or not the instrument is constructed to give an indication of the measurement made or other information determined by reference to that measurement, and includes any article used as a weighing or measuring instrument.

[30/2005; 10/2018]

(2)  Except where the context otherwise requires, any reference in this Act to any person, other than a reference to an Authorised Verifier or inspector, is to be construed as a reference to that person or some other person acting on that person’s behalf in the matter in question.

[30/2005]

PART 2

UNITS AND STANDARDS OF MEASUREMENT

Units of measurement

3.—(1)  The metre is the unit of measurement of length and the kilogram is the unit of measurement of mass by reference to which any measurement involving a measurement of length or mass is to be made in Singapore.

[30/2005]

(2)  The First Schedule has effect for defining, for the purposes of measurements falling to be made in Singapore, the units of measurements set out in that Schedule; and for the purposes of any measurement of weight falling to be so made, the weight of anything may be expressed, by reference to the units of measurements set out in Part 5 of that Schedule, in the same terms as its mass.

Standard weights and measures

4.—(1)  There is to be maintained by the Agency for Science, Technology and Research established under section 3 of the Agency for Science, Technology and Research Act 1990 or any other person that the Minister may, by notification in the Gazette, specify the standards of the metre and kilogram (called in this Act the Singapore standards) by reference to which all other standards of —

(a) those units; and

(b) any other unit of measurement derived wholly or partly from any of those units,

are maintained.

[30/2005; 54/2007]

(2)  The Minister must from time to time as may appear to him or her expedient cause —

(a) the value of each of the Singapore standards to be determined or redetermined; and

(b) any authorised copy of any of those standards to be compared with, and its value determined or redetermined by reference to, that standard,

in any manner that the Minister may direct.

(3)  The reference standards consist of standards of all the measures set out in Parts 1 and 2, and the weights set out in Part 3, of the Second Schedule other than capacity measures of more than 10 litres; and any such standard must be constructed and, while it remains in use, from time to time have its value or values redetermined by reference to one or more of the Singapore standards maintained under subsection (1).

[30/2005; 54/2007]

(4)  The Minister may by order amend the Second Schedule by adding to or removing from Part 1 or 2 of that Schedule any linear or capacity measure or from Part 3 of that Schedule any weight.

(5)  The Controller must provide for use by the inspectors and maintain or from time to time replace the standards of the measures and weights set out in the Second Schedule, and the instruments for testing and the affixing of stamps and Accuracy Labels that the Controller may from time to time approve or require as being proper and sufficient for the efficient discharge of their duties.

[30/2005]

PART 3

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,

where —

(c) 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

(d) the use is for the purpose of the determination or statement of that quantity.

(2)  Subsection (1) does 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

(b) 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.

[30/2005]

(3)  Any weighing or measuring instrument which is made available in Singapore for use by the public, whether on payment or otherwise, is to 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]

Units of measurements and weights lawful for use for trade

6.—(1)  Subject to section 40, a person must not use for trade any unit of measurement of length, area, volume, capacity, mass or weight which is not included in the First Schedule.

(2)  A person must not use the carat (metric) for trade except for the purposes of transactions in precious stones or pearls.

[30/2005]

(3)  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]

(4)  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.

(5)  Subsection (1) does not apply to the prescribing of, or the dispensing of a prescription for, health or medicinal products, and nothing in any regulations made under subsection (4) applies to any transaction in health or medicinal products; but the Minister for Health may by regulations, which have effect despite anything in, or in any subsidiary legislation made under, any other enactment —

(a) prescribe what may be treated for the purposes of dealings with health or medicinal products 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;

[Act 31 of 2022 wef 01/06/2024]

(b) require that any person carrying out any such dealing with health or medicinal products, as is specified in the regulations for the purposes of which the quantity of the health or medicinal products is expressed in terms of any such unit which is so specified, must carry out that dealing in terms of the equivalent quantity prescribed under paragraph (a) that is so specified.

[Act 31 of 2022 wef 01/06/2024]

(5A)  In subsection (5), “health or medicinal product” means —

(a) a health product as defined in section 2(1) of the Health Products Act 2007; or

(b) a medicinal product as defined in section 3 of the Medicines Act 1975.

[Act 31 of 2022 wef 01/06/2024]

(6)  The Minister may by order amend the First Schedule by adding to or removing from Parts 1 to 5 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.

Weighing or measuring instruments for use for trade

7.—(1)  This section applies to weighing or measuring instruments of any class or description that may be prescribed.

[30/2005]

(2)  A person must not —

(a) supply for use for trade; or

(b) use for trade, or have in the person’s possession for use for trade,

any weighing or measuring instrument to which this section applies unless —

(c) 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

(d) except as otherwise expressly provided under this Act or by regulations made under section 10, the instrument has been affixed with —

(i) a stamp; and

(ii) 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.

[30/2005]

(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.

[30/2005]

(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 reinstalled, whether in the same or some other place,

the instrument must not be used for trade after being so reinstalled until it has been retested by an Authorised Verifier or inspector.

[30/2005]

(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 that other person of that requirement,

shall be guilty of an offence and the instrument shall be liable to be forfeited.

[30/2005]

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 must submit the instrument to the Authorised Verifier in the manner that the Authorised Verifier may require.

[30/2005]

(2)  An Authorised Verifier may charge any fee that he or she may determine for the testing of any weighing or measuring instrument submitted to him or her under subsection (1).

[30/2005]

(3)  On payment of the fee, the Authorised Verifier must inspect the weighing or measuring instrument and —

(a) test the instrument for its fitness for use for trade by means of any method of testing, working standard and testing instrument that 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.

[30/2005]

(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 must at the request of that other person, be referred to the Controller whose decision is final.

[30/2005]

(5)  Unless the Commission otherwise allows, an Authorised Verifier must not pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him or her 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.

[30/2005]

[Act 13 of 2025 wef 01/07/2025]

(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 must 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.

[30/2005]

(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 or she 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 is final.

[30/2005]

(8)  Where an Authorised Verifier refuses to pass as fit for use for trade any weighing or measuring instrument, the Authorised Verifier must —

(a) immediately give to the person in charge of that instrument written notice of his or her refusal in the form that the Controller may require; and

(b) as soon as practicable, send a copy of the notice to the Controller.

[30/2005]

(9)  Where it is not possible or practicable to give a notice under subsection (8)(a), the Authorised Verifier must attach the notice to the weighing or measuring instrument to which the notice relates.

[30/2005]

(10)  Every Authorised Verifier must —

(a) keep a record of —

(i) every inspection and test carried out by him or her 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 the form, comprising the information and within the time that the Controller may require, together with any fee that may be prescribed —

(i) a report on every inspection and test carried out by him or her 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.

[30/2005]

(11)  Any Authorised Verifier who fails to keep any record referred to in subsection (10)(a) shall be guilty of an offence.

[30/2005]

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 must submit the instrument to the inspector in the manner that the Controller may direct.

[30/2005]

(2)  On payment by the person mentioned in subsection (1) of the prescribed fee, the inspector must inspect the weighing or measuring instrument and —

(a) test the instrument by means of any method of testing, working standard and testing instrument that the inspector 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.

[30/2005]

(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 must at the request of that other person, be referred to the Controller whose decision is final.

[30/2005]

(4)  Unless the Commission otherwise allows, an inspector must not pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him or her 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.

[30/2005]

[Act 13 of 2025 wef 01/07/2025]

(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 must 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.

[30/2005]

(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 or she 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 is final.

[30/2005]

(7)  Every inspector must keep a record of every inspection and test carried out by him or her under subsection (2).

[30/2005]

(8)  Nothing in this section or section 7 requires 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]

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 must —

(a) submit in the manner that the Controller may require the pattern of that instrument to the Controller for examination, together with any fee that may be prescribed; and

(b) obtain from the Controller a letter of pattern approval signifying the suitability of that instrument for use for trade.

[30/2005]

(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.

[30/2005]

(3)  Upon receipt of the pattern of a weighing or measuring instrument and any prescribed fee under subsection (1), the Controller must, in the manner that 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.

[30/2005]

(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), the Controller —

(a) must 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 any minor modifications thereof that he or she thinks fit and cause particulars of those modifications to be published.

[30/2005]

(5)  The requirements of subsection (4) as to the publication of the particulars of any pattern or modification do not apply where the letter of pattern approval is issued subject to a condition that is mentioned in subsection (6).

[30/2005]

(6)  A letter of pattern approval issued under subsection (4) may be granted subject to a condition that, except with the Controller’s consent, the weighing or measuring instrument of the pattern approval in question must be used for trade only for a specified period or a specified purpose.

[30/2005]

(7)  Any person who, knowing that a condition mentioned 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.

[30/2005]

(8)  The Controller, after consultation with any person appearing to the Controller to be interested that the Controller thinks fit, may at any time revoke any letter of pattern approval or authorisation granted under this section, and must cause notice of the revocation to be published.

[30/2005]

(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 the person’s 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.

[30/2005]

(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 the cases that may be prescribed, must, be marked in the manner that may be prescribed so as to identify it with the pattern in question.

[30/2005]

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]

(2)  Subject to subsection (4), where any general specification is for the time being prescribed under subsection (1), a letter of pattern approval must not 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]

(3)  Where any specification prescribed by regulations made under this section is varied or revoked by further regulations made under this section, then if any person uses for trade, or has in the person’s possession for such use, or causes or permits any other person so to use, any instrument which conformed with that specification but which to the person’s knowledge no longer conforms to any specification so 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, the person shall be guilty of an offence and the instrument shall be liable to be forfeited.

[30/2005]

(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 the conditions (if any) that he or she thinks fit; and if any person knowingly contravenes any condition imposed with respect to any instrument by virtue of this subsection, the person shall be guilty of an offence and the instrument shall be liable to be forfeited.

[30/2005]

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 weighing or measuring 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 weighing or measuring instrument for inspection or testing; and

(v) the marking of any weighing or measuring 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]

(2)  The regulations made under subsection (1) may provide that any contravention of the regulations 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]

(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 or she thinks fit dispense with the observance of that requirement subject to compliance with the conditions (if any) that he or she thinks fit to impose, and if any person knowingly contravenes any condition imposed with respect to any instrument by virtue of this subsection the person shall be guilty of an offence and the instrument shall be liable to be forfeited.

[30/2005]

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 the instrument for the purposes of this Act;

(ii) affixes any stamp or Accuracy Label on the 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.

[30/2005]

(2)  Subsection (1)(a)(iii) and (b) does 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.

[30/2005]

(3)  Any person who uses for trade or supplies any weighing or measuring instrument which to the person’s 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.

[30/2005]

(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]

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 any purposes that he or she may specify, even though the weighing or measuring instrument has been inspected, tested and passed as fit for use for trade under this Part, if the Minister is satisfied that the use of such weighing or measuring instrument should be discontinued for any purposes that may be specified in the order.

[30/2005]

(2)  If any person uses for trade, or has in the person’s possession for trade, any weighing or measuring instrument to which an order made under subsection (1) applies, the person shall be guilty of an offence and the instrument shall be liable to be forfeited.

[30/2005]

13.  [Repealed by Act 30 of 2005]

Other offences in connection with instruments

14.—(1)  If any person uses for trade, or has in the person’s possession for use for trade, any weighing or measuring instrument which is false or unjust, the person shall be guilty of an offence and the instrument shall be liable to be forfeited.

[30/2005]

(2)  Without affecting the liability of any weighing or measuring instrument to be forfeited, it is 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) the person used the instrument only in the course of his or her employment by some other person; and

(ii) the person 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) the person neither knew, nor had any reason to suspect, that the instrument was false or unjust.

[30/2005]

(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 to the fraud shall be guilty of an offence and the instrument shall be liable to be forfeited.

[30/2005]

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 is deemed for the purposes of this Act, unless the contrary is proved, to have that instrument in his, her or its possession for use for trade.

[30/2005]