Document ID: chunk:federal_register_of_legislation:C2024C00648:section:18jb
Version: federal_register_of_legislation:C2024C00648
Segment Type: section
Provision Reference: s 18JB
Character Range: 105225–107226

18JB  Package must be marked with required package information—importer
 (1) A person commits an offence if:
 (a) the person imports into Australia an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the packed article is of a class for which one or more of the following kinds of information is prescribed:
 (i) the name and address of the person who packed the article or on whose behalf the article was packed;
 (ii) the measurement of the article;
 (iii) any other information prescribed for the purposes of this subparagraph; and
 (d) the package is not marked with that information (whether before the article is imported, or by the person after the article is imported).
Penalty: 100 penalty units.
Note: For an exception to this offence, see subsection (4) of this section and subsection 18JHA(3).

Strict liability offence
 (2) A person commits an offence if:
 (a) the person imports into Australia an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the packed article is of a class for which one or more of the following kinds of information is prescribed:
 (i) the name and address of the person who packed the article or on whose behalf the article was packed;
 (ii) the measurement of the article;
 (iii) any other information prescribed for the purposes of this subparagraph; and
 (d) the package is not marked with that information (whether before the article is imported, or by the person after the article is imported).
Penalty: 20 penalty units.
Note: For an exception to this offence, see subsection (4) of this section and subsection 18JHA(3).
 (3) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) Subsections (1) and (2) do not apply if a permit in relation to the packed article has been issued under section 18JX.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4), see subsection 13.3(3) of the Criminal Code.