Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18jb
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JB
Character Range: 49412–51223

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.

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.

 (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.