Document ID: chunk:federal_register_of_legislation:C2024C00648:section:18jn:p1
Version: federal_register_of_legislation:C2024C00648
Segment Type: section
Provision Reference: s 18JN (pt 1/2)
Character Range: 129844–132511

18JN  Shortfall offence—importer

Offence requiring fault element
 (1) A person commits an offence if:
 (a) the person imports into Australia an article; and
 (b) the article has been packed in advance ready for sale; and
 (c) the package is marked with an AQS mark; and
 (d) one of the following circumstances exist:
 (i) the package is marked with a measurement or minimum measurement of the article contained in the package;
 (ii) the package is marked with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out;
 (iii) a representation is otherwise made, by any document or statement, about the measurement or minimum measurement of the article contained in the package;
 (iv) a representation is otherwise made (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
 (e) the package is one of a group of packages of the same kind that, once imported, are on the same premises or in the same vehicle; and
 (f) the number of packages in the group equals or exceeds the AQS threshold; and
 (g) a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.
Penalty: 200 penalty units.

Strict liability offence
 (2) A person commits an offence if:
 (a) the person imports into Australia an article; and
 (b) the article has been packed in advance ready for sale; and
 (c) the package is marked with an AQS mark; and
 (d) one of the following circumstances exist:
 (i) the package is marked with a measurement or minimum measurement of the article contained in the package;
 (ii) the package is marked with a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out;
 (iii) a representation is otherwise made, by any document or statement, about the measurement or minimum measurement of the article contained in the package;
 (iv) a representation is otherwise made (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
 (e) the package is one of a group of packages of the same kind that, once imported, are on the same premises or in the same vehicle; and
 (f) the number of packages in the group equals or exceeds the AQS threshold; and
 (g) a sample of the group, selected in accordance with AQS sampling procedures, fails testing in accordance with AQS test procedures.
Penalty: 40 penalty units.
 (3) Subject to subsection (4), subsection (2) is an offence of strict liability.
Note: For strict