Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18ge
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18GE
Character Range: 20421–22668

18GE  Using or supplying inaccurate measuring instruments

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person uses a measuring instrument for trade; and
 (b) the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately.

Penalty: 200 penalty units.

Strict liability offence

 (2) A person commits an offence if:
 (a) the person uses a measuring instrument for trade; and
 (b) the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately.

Penalty: 40 penalty units.

 (3) If:
 (a) a measuring instrument is on premises, or on a part of premises; and
 (b) the consideration in respect of a transaction or the amount of a tax is determined on those premises, or that part of those premises;
it is presumed for the purposes of subsections (1) and (2) that the measuring instrument has been used for trade on the premises or that part of the premises unless the contrary is established.

 (4) If:
 (a) a measuring instrument is in or on a vehicle; and
 (b) the consideration in respect of a transaction or the amount of a tax is determined in or on that vehicle;
it is presumed for the purposes of subsections (1) and (2) that the measuring instrument has been used for trade in or on the vehicle unless the contrary is established.

Offence requiring fault element

 (5) A person commits an offence if:
 (a) the person sells or otherwise supplies a measuring instrument for use for trade; and
 (b) the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately.

Penalty: 200 penalty units.

Strict liability offence

 (6) A person commits an offence if:
 (a) the person sells or otherwise supplies a measuring instrument for use for trade; and
 (b) the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately.

Penalty: 40 penalty units.

 (7) Subsections (2) and (6) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Division 3—Verification of measuring instruments