NATIONAL MEASUREMENT ACT 1960 - SECT 18JN Shortfall offence--importer

NATIONAL MEASUREMENT ACT 1960 - SECT 18JN

Offence requiring fault element

  (1)   A person commits an offence if:

  (a)   the person imports into Australia an article; and

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

  (c)   the package is marked with an AQS mark; and

  (d)   one of the following circumstances exist:

  (i)   the package is marked with a measurement or minimum measurement of the article contained in the package;

  (ii)   the package is marked with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out;

  (iii)   a representation is otherwise made, by any document or statement, about the measurement or minimum measurement of the article contained in the package;

  (iv)   a representation is otherwise made (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and

  (e)   the package is one of a group of packages of the same kind that, once imported, are on the same premises or in the same vehicle; and

  (f)   the number of packages in the group equals or exceeds the AQS threshold; and

  (g)   a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.

Penalty:   200 penalty units.

Strict liability offence

  (2)   A person commits an offence if:

  (a)   the person imports into Australia an article; and

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

  (c)   the package is marked with an AQS mark; and

  (d)   one of the following circumstances exist:

  (i)   the package is marked with a measurement or minimum measurement of the article contained in the package;

  (ii)   the package is marked with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out;

  (iii)   a representation is otherwise made, by any document or statement, about the measurement or minimum measurement of the article contained in the package;

  (iv)   a representation is otherwise made (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and

  (e)   the package is one of a group of packages of the same kind that, once imported, are on the same premises or in the same vehicle; and

  (f)   the number of packages in the group equals or exceeds the AQS threshold; and

  (g)   a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.

Penalty:   40 penalty units.

  (3)   Subject to subsection   (4), subsection   (2) is an offence of strict liability.

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

  (4)   Absolute liability applies to paragraphs   (1)(e), (1)(f), (2)(e) and (2)(f).

Note:   For absolute liability, see section   6.2 of the Criminal Code .