Western Australian Numbered Acts Western Australian Numbered Acts (1) If an article is
sold at a price determined by reference to measurement of the article, the
party that determines the price of the article must ensure —
(a) that
the measurement is made in the presence of the other party to the sale; or
(b) that
the other party is furnished at or before the time of delivery of the article
with a written statement of the measurement of the article.
(2) If the article is
to be delivered at the time and place of measurement, the party that
determines the price of the article by reference to the measurement must, if
the other party to the sale requests it, measure the article in the presence
of that other party.
(3) A person who fails
to comply with subsection (1) or (2) commits an offence.
Penalty: $5 000.
(4) For the purposes
of this section, an article is measured in the presence of a person
if —
(a) the
measuring process is readily visible to the person; and
(b) any
reading or information displayed by the measuring instrument is readily
visible to the person.
(5) Unless the
regulations otherwise provide, this section does not apply to the sale of a
pre-packed article.