Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18kd
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18KD
Character Range: 97841–99390

18KD  Shortfall offence—sale

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person sells an article; and
 (b) the article has not been packed in advance ready for sale; and
 (c) before or at the time of sale, the person:
 (i) makes a representation about the measurement of the article; or
 (ii) makes a representation (including a statement as to price) by which the measurement of the article can be worked out; and
 (d) the measurement of the article sold is less than that represented; and
 (e) in the case where the representation is made before the time of sale—the representation is not corrected before or at the time of sale.

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 not been packed in advance ready for sale; and
 (c) before or at the time of sale, the person:
 (i) makes a representation about the measurement of the article; or
 (ii) makes a representation (including a statement as to price) by which the measurement of the article can be worked out; and
 (d) the measurement of the article sold is less than that represented; and
 (e) in the case where the representation is made before the time of sale—the representation is not corrected before or at the time of sale.

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.

Part VIII—Enforcement of Parts IV to VII

Division 1—Overview