Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18gd
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18GD
Character Range: 18716–20421

18GD  Inaccurate use of measuring instruments

Offence requiring fault element

 (1) A person commits an offence if the person:
 (a) uses a measuring instrument for trade; and
 (b) does so in such a way, or under such circumstances, that 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 the person:
 (a) uses a measuring instrument for trade; and
 (b) does so in such a way, or under such circumstances, that the measuring instrument gives an inaccurate measurement or gives other information (including a statement as to price) inaccurately.

Penalty: 40 penalty units.

Offence requiring fault element

 (3) A person commits an offence if:
 (a) the person does, or fails to do, something in relation to a measuring instrument; and
 (b) the person's act or omission causes, or is likely to cause, the measuring instrument to give an inaccurate measurement or to give other information (including a statement as to price) inaccurately when used for trade.

Penalty: 200 penalty units.

Strict liability offence

 (4) A person commits an offence if:
 (a) the person does, or fails to do, something in relation to a measuring instrument; and
 (b) the person's act or omission causes, or is likely to cause, the measuring instrument to give an inaccurate measurement or to give other information (including a statement as to price) inaccurately when used for trade.

Penalty: 40 penalty units.

 (5) Subsections (2) and (4) are offences of strict liability.

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