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Country Presentation: Australia 23rd APLMF Meeting Tokyo, Japan
Anthony Donnellan 24 November, 2016
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Organisational Structures
NMIA under the National Measurement Act (1960) is responsible for Australia’s top-level infrastructure for physical, chemical, biological, legal and trade measurement. NMIA delivers measurement infrastructure and services to Australia, to: ensure that measurements in Australia are reliable and fit-for-purpose ensure that measurements made in Australia can be accepted internationally contribute measurement expertise to national policy development manage Australia's national trade measurement system support the adoption of measurement technologies in real-world situations in support of Australian productivity and innovation
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Organisational Structures
NMIA legal metrology branch administers Australia’s trade measurement infrastructure. Policy aims Provide an efficient and effective trade measurement system across Australia for the community, business and government Provide confidence in all aspects of trade measurement through a unified, national system Branch objectives Maintain a high level of general awareness and transparency in trade measurement transactions Ensure an effective compliance framework Continually improve trade measurement New General Manager and CIML representative, Bill Loizides
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Organisational Structures
Regulatory Reform Agenda Costing of all new policies, programmes and amendments to existing regulations Offsets for any increase in regulatory burden Regulator performance structure and reporting Regulator Performance Framework (RPF) is a whole-of-Australian Government initiative Annual self-assessment against six KPIs Publication of externally validated annual report
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Legislative Frameworks
Regulatory reform environment Continued government priority National Measurement Guidelines Remade in 2016 AMSA SOLAS Convention Marine Order 42 implemented 1 July, 2016 Shipper responsible for verifying gross mass of a container Weighing equipment must comply with the National Measurement Act 1960 or accuracy standards approved by AMSA International arrangements and engagements 9 international meetings and fora attended
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Working with Industry Public consultations
9 public consultations conducted Test procedures for complex measuring instruments Examining and refining the verification procedures (NITPs) for train WIM systems, belt weighers, hoppers and weighbridges to optimise NITPs Grain quality measurement NMI hosted the 17th Grain Quality Measurement Committee meeting NMI updated industry on status of OIML R documents relevant to grain industry and government priorities Industry provided updates on development of new technologies
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Working with Industry Verifier competency assessment
Expanded to include Brix hydrometers CNG dispensers Training Launched an online course for verification of fuel dispensers Online courses also available for: non-automatic weighing instruments weighbridge operations
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Protecting Consumers Trade Measurement Community Savings Programme
Aim is to determine the value that trade measurement delivers to the community Data collected will be used to evaluate the detriment to the community and industry if non-compliance was undetected National Compliance Programme Aim is to minimise non-compliance and maximise business and consumer protection Covers a range of strategies which promote awareness of the national trade measurement system and monitor compliance of traders
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Major Projects Review of the strategic policy objectives of legal metrology Proposed policy objectives include: Supporting confidence in the measurement system Facilitating a level playing field for business Consumer/customer protection Supporting industry development and technological innovation Transition to online competency assessment for verifiers NMIA currently transitioning all verifier recognition kits to an online format
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New Initiatives Planned
Subordinate regulations supporting the National Measurement Act 1960 will be reviewed to ensure they remain ‘fit-for- purpose’ before they sunset in 2019 Refinement of compliance and enforcement policies Compliance and enforcement policies are being refined, taking into consideration best practice approaches to achieving compliance Policy is likely to focus on risk-based approaches while ensuring national consistency National Measurement Act 1960 INFRINGEMENT NOTICE (Section 18LF ) Infringement Notice Number EA - 009999 Date of Infringement Notice 15 April 2016 Recipient Details Name ACN Address Fuel Pump Pty Ltd 34 Fuel Street, FUELDALE VIC 3 000 Alleged Contravention of the Count Section Date of a lleged c ontravention A lleged c Legislated p enalty u nits 1 Penalty u in this Infringement Notice 2 18 GE ( 17 March 2016 That , made available for use, a measuring instrument for trade namely a xxxxxxxxx Fuel Dispenser, model xxxxxxxx, serial number xxxxx , fuel grade ULP 91 (hose number 2) which was tested at the premises of Fueldale Service Station and Convenience Store, 34 Fuel St VIC 3000 and was found to have an average error of 1.22% which outside the allowable maximum permissible error (MPE) of +/ 0.3% 40 5 Penalty Payable this Infringement Notice Total Penalty Units for this notice: Total Penalty Paya ble in this Infringement Notice: $ 90 In words : EIGHT HUNDRED AND FIFTY DOLLARS Each Legislated Penalty Unit is $18 0.00 under s4AA of the Crimes Act 1914 (Cth). The Legislated Penalty Units stated in this Infringement Notice apply to a natural person upon conviction. For a body corporate, u nder s4B of the (Cth), the court may impose a pecuniary penalty not exceeding an amount equal to five times the amount of the pecuniary penalty that could be imposed by the court on a natural person convicted of the same offence. Each alleged contravention stated in an I nfringement N otice given under the carries 5 penalty units. Reasons for giving this Infringement Notice The allege d contravention of Se ct ion 18 ) of the National Measurement Act 1960 is based on the evidence that on for use measuring instrument for trade, and that the measuring instrument gave an inaccurate measure ment . Th e 1.22 % defic iency represented a significant shortfall of greater than three times the maximum permissible error. A second dispenser was also found to be outside its maximum permissible error with a deficiency of 0.4%. The trader had not carried out any accuracy checks on any of the dispensers on site since acquiring the business in December 201 4 F or the above reasons I have reasonable grounds to believe you have contravened the provision of the specified in this Infringement Notice. …………………………………………….. Regional Compliance & Enforcement Officer
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Emerging Issues – challenges and opportunities
Alignment of OIML standards with those of other international bodies Harmonisation of OIML standards with ISO and IEC standards, where appropriate, particularly in relation to utility metering Shift to principles-based legislation The Australian Government is committed to reducing the amount of prescription in regulations and to having more principles- based legislation Challenge will be to maintain business and consumer confidence in the legal metrology system
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