Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18je
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JE
Character Range: 55839–57120

18JE  Package must be marked in prescribed manner

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person would commit an offence under section 18JA, 18JB, 18JC or 18JD unless the person marked a package with information; and
 (b) the manner in which that information is to be marked on the package is prescribed by the regulations; and
 (c) the person does not mark the package in that manner.

Penalty: 100 penalty units.

Strict liability offence

 (2) A person commits an offence if:
 (a) the person would commit an offence under section 18JA, 18JB, 18JC or 18JD unless the person marked a package with information; and
 (b) the manner in which that information is to be marked on the package is prescribed by the regulations; and
 (c) the person does not mark the package in that manner.

Penalty: 20 penalty units.

 (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.

Subdivision 2‑B—Prohibited expressions