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 not been packed in advance ready for sale; and
(c) before or at the time of sale, the person:
(i) makes a representation about the measurement of the article; or
(ii) makes a representation (including a statement as to price) by which the measurement of the article can be worked out; and
(d) the measurement of the article sold is less than that represented; and
(e) in the case where the representation is made before the time of sale--the representation is not corrected before or at the time of sale.
Strict liability offence
(2) A person commits an offence if:
(a) the person sells an article; and
(b) the article has not been packed in advance ready for sale; and
(c) before or at the time of sale, the person:
(i) makes a representation about the measurement of the article; or
(ii) makes a representation (including a statement as to price) by which the measurement of the article can be worked out; and
(d) the measurement of the article sold is less than that represented; and
(e) in the case where the representation is made before the time of sale--the representation is not corrected before or at the time of sale.
(3) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .