Commonwealth Consolidated Acts Commonwealth Consolidated ActsOffence requiring fault element
(1) A person commits an offence if:
(a) the person sells an article; and
(b) the article has been packed in advance ready for sale; and
(c) the packed article is of a class for which a prohibited expression in relation to the measurement of the article is prescribed for the purposes of this paragraph; and
(d) the package is marked with the prohibited expression.
Note: For exceptions to this offence, see subsection (4) of this section and subsection 18JHA(3).
Strict liability offence
(2) A person commits an offence if:
(a) the person sells an article; and
(b) the article has been packed in advance ready for sale; and
(c) the packed article is of a class for which a prohibited expression in relation to the measurement of the article is prescribed for the purposes of this paragraph; and
(d) the package is marked with the prohibited expression.
Note: For exceptions to this offence, see subsection (4) 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) Section 15.2 (extended geographical jurisdiction--category B) of the Criminal Code applies to offences against subsections (1) and (2).