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Section 2: Interpretation

Legal Metrology Act

consolidated text (as at 1994). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

2. Interpretation (1) In this Act— “assize”, in relation to an instrument, weight or measure, means to examine, test and stamp with the stamp of assize; “authorised officer” means any public officer designated as such by the Minister; “certificate of suitability” means a certificate issued by the Minister under section 6; “Controller” means the Controller of Weights and Measures referred to in section 5; “instrument” means any weighing or measuring instrument; “label” means any written, printed, or graphic material affixed to, applied to, attached to, blown into, formed or moulded into, embossed on, or appearing upon a package containing any commodity, for the purposes of giving information with respect to the commodity; L13 – 1 [Issue 1] “Minister” means the Minister to whom responsibility for the subject of trade is assigned; “package” includes any bottle, cask, can, box, case, wrapper or any other receptacle in which a commodity is pre-packed; “packer” means a person who pre-packs or causes to be pre-packed any commodity; “Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of trade; “premises” means— (a) a place where any business, industry, production or trade is carried on by a person, whether by himself or through an agent; (b) any part of a dwelling used for the purpose of carrying on any business, industry, production or trade; (c) a place where any record, register or other document pertaining to any business, industry, production or trade is kept; (d) a place where any instrument, weight or measure is manufactured, repaired, sold, used or kept for use in any trade; (e) a place where any pre-packed commodity is manufactured, made, packed, stored, distributed, sold, kept or offered for sale; “pre-pack” means pack a commodity, prior to sale, in any manner, in units for the purposes of retail sale; “retail sale”, in relation to a pre-packed commodity, means the sale, distribution or delivery of such pre-packed commodity for consumption or use; “seize” includes to affix any seal; “stamp” includes to cast, engrave, etch, print or otherwise mark in such manner so as to be as far as possible indelible; “trade” includes the sale, distribution, import, use of, or other dealing in any article in the course of business. (2) For the purposes of this Act the words “weight” and “mass” shall, unless the context otherwise requires, have the same meaning. [S. 2 amended by Act 39 of 1989; Act 1 of 1994.]

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