New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 23

23 Incorrect measurement or price calculation

(1) This section applies to a person who, for the purpose of the sale of an article at a price determined by reference to the measurement of the article, operates a measuring instrument to measure the article or decides the measurement of the article.

(2) For the purposes of this section:

(a) a reference to the person’s measurement of the article is a reference to the person’s operation of the measuring instrument or measurement of the article as mentioned in subsection (1), and

(b) it does not matter whether the person’s measurement of the article is for the article’s sale by the person or by anyone else at any time.

(3) For any sale of the article at any time, the person commits an offence if, because of the person’s measurement of the article:

(a) the person directly or indirectly misleads any party to the sale as to the measurement of the article or the calculation of the price, to the party’s detriment, or

(b) the price paid or required to be paid is not the price correctly determined by reference to the correct measurement of the article and as a result any party to the sale suffers or would suffer detriment.

Penalty: $20,000.