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NATIONAL MEASUREMENT ACT 1960 - SECT 18KD Shortfall offence--sale

NATIONAL MEASUREMENT ACT 1960 - SECT 18KD

Shortfall offence--sale

Offence 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.

Penalty:   200 penalty units.

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.

Penalty:   40 penalty units.

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

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