New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 29

29 Defences concerning packaging of pre-packed articles

(1) It is a defence in proceedings under section 28 against a person who packs an article if it is established:

(a) (to the extent that the proceedings concern the requirement that a name or address be marked on the package) that the article was packed on premises for sale on those premises to a person for consumption or use and not for resale, or

(b) (to the extent that the proceedings are not so concerned) that the article was packed with the intention that it be exported from Australia and the package was marked to give a clear indication to that effect.

(2) It is a defence in proceedings under section 28 against a person who sells a pre-packed article (to the extent that the proceedings concern the requirement that a name or address be marked on the package) if it is established:

(a) that the pre-packed article was packed outside Australia, or

(b) that the pre-packed article was sold on the premises on which it was packed and was so sold for consumption or use and not for resale.

(3) It is a defence in proceedings under section 28 against a person who sells a pre-packed article if it is established that the seller’s general defence under this Division applies.