Document ID: chunk:federal_register_of_legislation:C2013A00131:clause:2_18gpa
Version: federal_register_of_legislation:C2013A00131
Segment Type: clause
Provision Reference: sch 2 cl 18GPA
Character Range: 30627–32180

18GPA  Obligation to obliterate verification mark—person who adjusts or repairs measuring instrument

Offence requiring fault element
 (1) A person commits an offence if:
 (a) the person adjusts or repairs a measuring instrument; and
 (b) the measuring instrument is used for trade; and
 (c) in adjusting or repairing the measuring instrument, the metrological performance of the measuring instrument is affected; and
 (d) the person does not obliterate, or cause to be obliterated, any verification mark that was on the measuring instrument immediately before the adjustment or repair.
Penalty: 200 penalty units.

Strict liability offence
 (2) A person commits an offence if:
 (a) the person adjusts or repairs a measuring instrument; and
 (b) the measuring instrument is used for trade; and
 (c) in adjusting or repairing the measuring instrument, the metrological performance of the measuring instrument is affected; and
 (d) the person does not obliterate, or cause to be obliterated, any verification mark that was on the measuring instrument immediately before the adjustment or repair.
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.

Exception
 (4) Subsections (1) and (2) do not apply if the effect on the measuring instrument can be corrected by normal operational adjustment of the measuring instrument.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).