Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18GQ

Offence requiring fault element

  (1)   A person commits an offence if:

  (a)   the person causes a measuring instrument to be adjusted or repaired; and

  (b)   the measuring instrument is used for trade; and

  (c)   in adjusting or repairing the measuring instrument, the metrological performance of the measuring instrument is affected; and

  (e)   the person does not obliterate, or cause to be obliterated, any verification mark that was on the measuring instrument immediately before the adjustment or repair.

Penalty:   200 penalty units.

Strict liability offence

  (2)   A person commits an offence if:

  (a)   the person causes a measuring instrument to be adjusted or repaired; and

  (b)   the measuring instrument is used for trade; and

  (c)   in adjusting or repairing the measuring instrument, the metrological performance of the measuring instrument is affected; and

  (e)   the person does not obliterate, or cause to be obliterated, any verification mark that was on the measuring instrument immediately before the adjustment or repair.

Penalty:   40 penalty units.

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

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

Defence

  (4)   Subsections   (1) and (2) do not apply if the effect on the measuring instrument can be corrected by normal operational adjustment of the measuring instrument.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4), see subsection   13.3(3) of the Criminal Code .