NATIONAL MEASUREMENT ACT 1960 - SECT 18JT Shortfall offence--importer
NATIONAL MEASUREMENT ACT 1960 - SECT 18JT
Shortfall offence--importerOffence requiring fault element
(1) A person commits an offence if:
(a) the person imports into Australia an article; and
(b) the article is packed in advance ready for sale; and
(c) the package is not 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) there is a shortfall in the measurement of the article contained in the package.
(2) A person commits an offence if:
(a) the person imports into Australia an article; and
(b) the article is packed in advance ready for sale; and
(c) the package is not 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) there is a shortfall in the measurement of the article contained in the package.
(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 subparagraphs (a)(i) and (ii) of the definition of shortfall in section 18JR as applied for the purposes of paragraphs (1)(e) and (2)(e).
Note: For absolute liability, see section 6.2 of the Criminal
Code .