Document ID: chunk:federal_register_of_legislation:C2024C00648:section:18ge:p1
Version: federal_register_of_legislation:C2024C00648
Segment Type: section
Provision Reference: s 18GE (pt 1/2)
Character Range: 60257–63040

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.
Note: For an exception to this offence, see subsection (10).

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.
Note: For an exception to this offence, see subsection (10).
 (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 lets for hire, or loans, a measuring instrument; and
 (aa) the measuring instrument is let, or loaned, 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 lets for hire, or loans, a measuring instrument; and
 (aa) the measuring instrument is let, or loaned, 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.

Trade measurement inspector may give notice to remedy
 (8) A trade measurement inspector may give a person a notice to remedy if:
 (a) the inspector reasonably believes that the person has contravened subsection (1) or (2) by using a measuring instrument for trade that gives an inaccurate measurement or gives other information inaccurately; and
 (b) the inspector is satisfied