New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 31

31 Incorrect pricing of pre-packed article

(1) A person who sells a pre-packed article at a specified price for each unit of measurement of the article is guilty of an offence if the price of the pre-packed article exceeds the price correctly computed by reference to the measurement of the article (without any packaging or other thing that is not part of the article) and the stated price for each unit of measurement.

Penalty: $20,000.

(2) If the measurement of a pre-packed article is stated by reference to a minimum measurement, any amount by which the actual measurement exceeds that stated minimum measurement shall be disregarded in calculating the correct price for the purposes of subsection (1).

(3) This section applies whether or not the price of the article and the price for each unit of measurement of the article:

(a) is required by this Act to be marked on the package containing the article, or

(b) is in fact so marked.

(4) It is a defence in proceedings under this section if it is established that the seller’s general defence under this Division applies.