Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18jf
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JF
Character Range: 57120–58290

18JF  Using prohibited expressions—packer

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person packs an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the packed article is of a class for which a prohibited expression in relation to the measurement of the article is prescribed for the purposes of this paragraph; and
 (d) the person marks the package with the prohibited expression.

Penalty: 200 penalty units.

Strict liability offence

 (2) A person commits an offence if:
 (a) the person packs an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the packed article is of a class for which a prohibited expression in relation to the measurement of the article is prescribed for the purposes of this paragraph; and
 (d) the person marks the package with the prohibited expression.

Penalty: 40 penalty units.

 (3) Subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (4) Section 15.2 (extended geographical jurisdiction—category B) of the Criminal Code applies to offences against subsections (1) and (2).