New South Wales Consolidated Acts

TRADE MEASUREMENT ACT 1989 - SECT 9

9 Supplying incorrect etc measuring instrument

(1) For the purposes of this section, a measuring instrument is unacceptable for trade use if it is incorrect or is not of an approved pattern.

(2) If a measuring instrument that is unacceptable for trade use is used for trade, a person who sold, leased, hired or lent it to the person who used it is guilty of an offence.

Penalty: $20,000.

(2A) Subject to subsection (3) (b), it does not matter whether the person who used the measuring instrument purchased it or took it on lease, hire or loan for trade.

(3) It is a defence in proceedings for an offence against this section if it is established:

(a) that the measuring instrument was not unacceptable for trade use when the defendant parted with possession of it,

(b) that the defendant did not know and had no reason to suspect that the measuring instrument would be used for trade, or

(c) that the person who purchased the measuring instrument or took it on lease, hire or loan was informed in writing at the time that the measuring instrument was unacceptable for trade use.