Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18GA

Offence requiring fault element

  (1)   A person commits an offence if:

  (a)   the person uses a measuring instrument for trade; and

  (b)   the measuring instrument is not verified.

Penalty:   100 penalty units.

Note:   Whether a measuring instrument is verified may be affected by a direction given under section   18GR.

Strict liability offence

  (2)   A person commits an offence if:

  (a)   the person uses a measuring instrument for trade; and

  (b)   the measuring instrument is not verified.

Penalty:   20 penalty units.

Note:   Whether a measuring instrument is verified may be affected by a direction given under section   18GR.

  (3)   Subsection   (2) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (4)   If:

  (a)   a measuring instrument is on premises, or on a part of premises; and

  (b)   the consideration in respect of a transaction or the amount of a tax is determined on those premises, or that part of those premises;

it is presumed for the purposes of this section that the measuring instrument has been used for trade on the premises or that part of the premises unless the contrary is established.

  (5)   If:

  (a)   a measuring instrument is in or on a vehicle; and

  (b)   the consideration in respect of a transaction or the amount of a tax is determined in or on that vehicle;

it is presumed for the purposes of this section that the measuring instrument has been used for trade in or on the vehicle unless the contrary is established.