Commonwealth Consolidated Acts

NATIONAL MEASUREMENT ACT 1960 - SECT 18JD

Offence requiring fault element

  (1)   A person commits an offence if:

  (a)   the person possesses an article for sale, or offers or exposes it for sale; and

  (b)   the article has been packed in advance ready for sale; and

  (c)   the packed article is of a class for which one or more of the following kinds of information is prescribed:

  (i)   the name and address of the person who packed the article or on whose behalf the article was packed;

  (ii)   the measurement of the article;

  (iii)   the price of the article;

  (iv)   any other information prescribed for the purposes of this subparagraph; and

  (d)   the package is not marked with that information.

Penalty:   100 penalty units.

Note:   For exceptions to this offence, see subsections   (4) and (5) of this section and subsection   18JHA(3).

Strict liability offence

  (2)   A person commits an offence if:

  (a)   the person possesses an article for sale, or offers or exposes it for sale; and

  (b)   the article has been packed in advance ready for sale; and

  (c)   the packed article is of a class for which one or more of the following kinds of information is prescribed:

  (i)   the name and address of the person who packed the article or on whose behalf the article was packed;

  (ii)   the measurement of the article;

  (iii)   the price of the article;

  (iv)   any other information prescribed for the purposes of this subparagraph; and

  (d)   the package is not marked with that information.

Penalty:   20 penalty units.

Note:   For exceptions to this offence, see subsections   (4) and (5) of this section and subsection   18JHA(3).

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

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

  (4)   Subsections   (1) and (2) do not apply if a permit in relation to the packed article has been issued under section   18JX.

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

  (5)   Subsections   (1) and (2) do not apply as a result of subparagraph   (1)(c)(i) or (2)(c)(i) if:

  (a)   the article is to be sold on the premises on which it was packed for the consumption or use of the purchaser; or

  (b)   the article was packed outside Australia.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (5), see subsection   13.3(3) of the Criminal Code .

  (6)   Section   15.2 (extended geographical jurisdiction--category B) of the Criminal Code applies to offences against subsections   (1) and (2).