Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18kb
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18KB
Character Range: 95393–96516

18KB  Purchaser must receive invoice stating measurement if not present at sale

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person sells an article for a price determined by reference to measurement of the article; and
 (b) the article is not packed in advance ready for sale; and
 (c) the purchaser is not present at the point of sale; and
 (d) the person does not give the purchaser a written statement of the measurement of the article at the time the article is delivered.

Penalty: 200 penalty units.

Strict liability offence

 (2) A person commits an offence if:
 (a) the person sells an article for a price determined by reference to measurement of the article; and
 (b) the article is not packed in advance ready for sale; and
 (c) the purchaser is not present at the point of sale; and
 (d) the person does not give the purchaser a written statement of the measurement of the article at the time the article is delivered.

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.