Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18js
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JS
Character Range: 77215–79614

18JS  Shortfall offence—packer

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person packs an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the package is not marked with an AQS mark; and
 (d) the person:
 (i) marks the package with a measurement or minimum measurement of the article contained in the package; or
 (ii) marks the package with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; or
 (iii) otherwise, by any document or statement, represents the measurement or minimum measurement of the article contained in the package, or makes a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
 (e) there is a shortfall in the measurement of the article contained in the package.

Penalty: 200 penalty units.

Strict liability offence

 (2) A person commits an offence if:
 (a) the person packs an article; and
 (b) the article is packed in advance ready for sale; and
 (c) the package is not marked with an AQS mark; and
 (d) the person:
 (i) marks the package with a measurement or minimum measurement of the article contained in the package; or
 (ii) marks the package with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; or
 (iii) otherwise, by any document or statement, represents the measurement or minimum measurement of the article contained in the package, or makes a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
 (e) there is a shortfall in the measurement of the article contained in the package.

Penalty: 40 penalty units.

 (3) Subject to subsection (4), subsection (2) is an offence of strict liability.

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

 (4) Absolute liability applies to subparagraphs (a)(i) and (ii) of the definition of shortfall in section 18JR as applied for the purposes of paragraphs (1)(e) and (2)(e).

Note: For absolute liability, see section 6.2 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).