Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18jg
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JG
Character Range: 58290–59720

18JG  Using prohibited expressions—seller

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person sells an article; and
 (b) the article has been packed in advance ready for sale; and
 (c) the packed article is of a class for which a prohibited expression in relation to the measurement of the article is prescribed for the purposes of this paragraph; and
 (d) the package is marked with the prohibited expression.

Penalty: 200 penalty units.

Strict liability offence

 (2) A person commits an offence if:
 (a) the person sells an article; and
 (b) the article has been packed in advance ready for sale; and
 (c) the packed article is of a class for which a prohibited expression in relation to the measurement of the article is prescribed for the purposes of this paragraph; and
 (d) the package is marked with the prohibited expression.

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.

 (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.

 (5) Section 15.2 (extended geographical jurisdiction—category B) of the Criminal Code applies to offences against subsections (1) and (2).