The instruments must: n be of a type approved by the NMI and legal for trade use n be verified by a servicing licensee before they are used n register zero before they are used n be properly installed and appropriate for the intended use n be used correctly by staff adequately trained in their correct use. For more on approved measuring instruments, verification and servicing licensees see the NMI website. n ensure that all measuring instruments used for trade are appropriate for the intended use, verified and used correctly n monitor the verification activities of servicing licensees n check prepackages for correct packer identification, measurement markings and accurate measure n investigate complaints and resolve problems with trade measurement matters n issue infringement notices or take prosecution action where there have been breaches of the laws. See the NMI website www.measurement.gov.au/trademeasurement The main laws covering trade measurement in Australia are the National Measurement Act 1960 and the National Trade Measurement Regulations 2009. For offences and penalties regarding the use of measuring instruments for trade and shortfall provisions, see the following sections of the Act: GUIDE TO THE SALE OF FIREWOOD n Section 18HC – Certain articles must be sold by measurement n Section 18GA – Measuring instruments used for trade to be verified n Section 18GD – Inaccurate use of measuring instruments n Section 18KD – Shortfall offence. Trade Measurement – it all adds up! CONTACTS Bradfield Road, Lindfield, NSW 2070 PO Box 264, Lindfield, NSW 2070 Telephone: 1300 686 664 Facsimile: (61 2) 8467 3715 Email: [email protected] www.measurement.gov.au The purpose of this publication is to provide you with general information only and should not be relied upon for any legal, business or personal purpose. Nothing in this publication shall be taken in any way to replace the provisions of the National Measurement Act 1960 (Cth), the National Trade Measurement Regulations 2009 (Cth) and any other legislative instruments made pursuant to the National Measurement Act 1960. measurement.gov.au The NMI employs inspectors throughout Australia. The role of inspectors is to: FOR MORE INFORMATION … TM F 07/2010 REGULATING THE SALE OF FIREWOOD GUIDE TO THE SALE OF FIREWOOD TRADE MEASUREMENT The National Measurement Institute (NMI) is Australia’s peak measurement organisation, a division of the Department of Innovation, Industry, Science and Research in the Australian Government. The NMI is responsible for maintaining the primary standards of measurement and providing the legal and technical framework for the dissemination of measurement standards. The trade measurement laws administered by the NMI cover: n the definition of the legal units of measurement SELLING FIREWOOD n weight To calculate the volume of a stack of firewood, multiply the length of the stack by the width of the stack by the height of the stack (in metres). This will give you the volume in cubic metres. n volume, or Volume in m3 = (width) m x (height) m x (length) m. Firewood can be sold by: n lot. SELLING BY WEIGHT If you are selling wood by weight it must be measured in tonnes (t) or kilograms (kg). When a weighing instrument is used, the instrument must be verified as accurate by a servicing licensee or trade measurement inspector. Only the net weight of the wood (excluding any container, trailer, ropes etc) can be considered. If you deliver to more than one customer at a time, each load should be kept separate and each customer given a delivery docket stating the weight of the wood delivered. n the use of measuring instruments for trade n testing and verification of these measuring instruments n transactions by measurement n pre-packed articles (or prepackages) n licensing of the businesses that verify trade measuring instruments (these are known as servicing licensees) n licensing of public weighbridges. SELLING BY VOLUME You may also sell firewood by the cubic metre (m3). When measuring the volume of the firewood, it should be neatly stacked with as few gaps as possible (not thrown together randomly). Where firewood is sold by volume, if a measuring instrument is used the instrument must: n be a type approved by the NMI (shown by an attached NMI approval number) n be accurate n have been tested and marked by a servicing licensee or an NMI inspector. A typical measuring instrument for measurement by volume would be a one-metre folding rule with metaltipped ends, or a measuring tape. CONVERTING BETWEEN VOLUME AND WEIGHT As a seller you need to be wary of making assumptions or claims about the particular weight of a measured volume of wood, or the particular volume of a measured weight of wood. Such calculations can be unreliable due to varying wood densities, moisture content and differing amounts of free space when the wood is stacked. Any claims about actual weight or volume need to be correct. Incorrect conversion assumptions are not a defence in a case of short measurement. PRE-PACKAGED FIREWOOD SELLING BY LOT If you are selling firewood or kindling in pre-packaged quantities, you must state on the outside of the package: You can also sell firewood by ‘the lot’ as a: n the net measurement of the wood in the package n stack n trailer load, or n truck load. If you use this method to sell firewood you cannot make any reference to the weight or volume of the lot. If you wish to refer to weight or volume, the sale must comply with the requirements of a sale by weight or volume. IF THE BUYER IS NOT PRESENT If the buyer is not present at the time of measurement, or doesn’t have a clear and unobstructed view when the firewood is measured or weighed, an invoice or delivery note must be given at the time of delivery. This invoice must state the true measurement of the firewood. (eg 25 kg) n the full name and street address of the packer (if not sold on the same premises where is packed), or the person for whom it was packed. The address given cannot be a post office box, an email address or phone number. The name and address of the packer must be clear and legible. Prepackages must not contain less than the stated amount at all times prior to sale. For more information on pre-packaged items see our Guide to the sale of pre-packaged goods. YOUR RESPONSIBILITIES If you are selling firewood by weight or volume, you are responsible for the accuracy of your measuring instruments.