Document ID: chunk:federal_register_of_legislation:C2013A00131:clause:1_18jha
Version: federal_register_of_legislation:C2013A00131
Segment Type: clause
Provision Reference: sch 1 cl 18JHA
Character Range: 18927–20918

18JHA  Trade measurement inspector may give notice to remedy

When a notice to remedy may be given
 (1) A trade measurement inspector may give a person a notice to remedy if:
 (a) the inspector reasonably believes that the person has contravened a provision of this Division in relation to an article packed in advance ready for sale; and
 (b) the inspector is satisfied that, despite the contravention:
 (i) like articles could be sold during the remedy period for the notice without there being any material detriment to the purchaser; or
 (ii) like articles could be sold during the remedy period for the notice without there being any material detriment to the purchaser if conditions specified in accordance with subsection (2) are complied with.
Note: Like article has the meaning given by subsection 18MMA(7).

Notice may specify conditions
 (2) A trade measurement inspector may specify in the notice to remedy one or more conditions that must be complied with by the person during the remedy period for the notice. A condition may only be imposed by the inspector if compliance with the condition would be reasonably likely to ensure that a like article could be sold during the remedy period without there being any material detriment to the purchaser.

Exception—all reasonable steps taken to remedy contravention etc.
 (3) Offences against this Division do not apply to a person to whom a notice to remedy is given in relation to like articles during the remedy period for the notice if:
 (a) where the inspector, in accordance with subsection (2), specifies in the notice one or more conditions that must be complied with during the remedy period—those conditions are complied with during the remedy period; and
 (b) during the remedy period, the person takes all reasonable steps to remedy the matters that gave rise to the contravention.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).