NATIONAL MEASUREMENT ACT 1960 - SECT 18HC Certain articles must be sold by measurement--other articles

NATIONAL MEASUREMENT ACT 1960 - SECT 18HC

Offence requiring fault element

  (1)   A person commits an offence if:

  (a)   the person sells an article that is not packed in advance ready for sale; and

  (b)   the article is of a class that, by regulation, must be sold by measurement; and

  (c)   the price of the article is not determined by measurement.

Penalty:   100 penalty units.

Note:   For an exception to this offence, see subsection   (6).

Strict liability offence

  (2)   A person commits an offence if:

  (a)   the person sells an article that is not packed in advance ready for sale; and

  (b)   the article is of a class that, by regulation, must be sold by measurement; and

  (c)   the price of the article is not determined by measurement.

Penalty:   20 penalty units.

Note:   For an exception to this offence, see subsection   (6).

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

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

Trade measurement inspector may give notice to remedy

  (4)   A trade measurement inspector may give a person a notice to remedy if:

  (a)   the inspector reasonably believes that the person has contravened subsection   (1) or (2) in relation to an article that is not packed in advance ready for sale; and

  (b)   the inspector is satisfied that, despite the contravention:

  (i)   like articles could be sold during the remedy period for the notice without there being any material detriment to the purchaser; or

  (ii)   like articles could be sold during the remedy period for the notice without there being any material detriment to the purchaser if conditions specified in accordance with subsection   (5) are complied with.

Note:   Like article has the meaning given by subsection   18MMA(7).

Notice may specify conditions

  (5)   A trade measurement inspector may specify in the notice to remedy one or more conditions that must be complied with by the person during the remedy period for the notice. A condition may only be imposed by the inspector if compliance with the condition would be reasonably likely to ensure that a like article could be sold during the remedy period without there being any material detriment to the purchaser.

Exception--all reasonable steps taken to remedy contravention etc.

  (6)   Subsections   (1) and (2) do not apply to the person in relation to like articles during the remedy period for the notice if:

  (a)   where the inspector, in accordance with subsection   (5), specifies in the notice one or more conditions that must be complied with during the remedy period--those conditions are complied with during the remedy period; and

  (b)   during the remedy period, the person takes all reasonable steps to remedy the matters that gave rise to the contravention.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (6) (see subsection   13.3(3) of the Criminal Code ).