New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 32

32 Offence of packing or selling short measure

(1) If the actual measurement of the quantity of a pre-packed article is less than the measurement or minimum measurement marked on the package (whether or not marked for the purpose of complying with this Act):

(a) the person who packed the article is guilty of an offence, and

(b) a person who sells the article is guilty of an offence.

Penalty: $20,000.

(2) If more than one measurement is marked on a package, the prosecution is entitled to rely on any of those measurements to establish an offence against this section unless the context in which the measurement appears indicates that it is not to be taken to be a representation as to the measurement of the quantity of the article.

(3) The marking of a measurement on a package must make such allowance for any likely reduction over time in the actual measurement of the article as may be necessary to prevent the commission of an offence under this section in relation to the article.

(4) A measurement or minimum measurement marked on or near a receptacle containing a pre-packed article so as to constitute a representation as to the measurement or minimum measurement of the quantity of the article shall, for the purposes of this section, be regarded as being marked on the package.