NATIONAL MEASUREMENT ACT 1960 - SECT 18JO Shortfall offence--possession, offer or exposure for sale
NATIONAL MEASUREMENT ACT 1960 - SECT 18JO
Shortfall offence--possession, offer or exposure for saleOffence 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 package is marked with an AQS mark; and
(d) the package is marked with:
(i) a measurement or minimum measurement of the article contained in the package; or
(ii) a representation (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, at the time of possession, offer or exposure, 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.
(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 package is marked with an AQS mark; and
(d) the package is marked with:
(i) a measurement or minimum measurement of the article contained in the package; or
(ii) a representation (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, at the time of possession, offer or exposure, 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.
(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 .
(5) Section 15.2 (extended geographical
jurisdiction--category B) of the Criminal Code applies to offences against
subsections ( 1) and (2).