Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18ju:p1
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JU (pt 1/2)
Character Range: 82042–84679

18JU  Shortfall offence—possession, offer or exposure for sale

Offence requiring fault element—marking on package

 (1) A person commits an offence if:
 (a) the person possesses an article for sale, or offers or exposes it for sale; and
 (b) the article has been packed in advance ready for sale; and
 (c) the package is not marked with an AQS mark; and
 (d) the package is marked with:
 (i) a measurement or minimum measurement of the article contained in the package; or
 (ii) 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—marking on package

 (2) A person commits an offence if:
 (a) the person possesses an article for sale, or offers or exposes it for sale; and
 (b) the article has been packed in advance ready for sale; and
 (c) the package is not marked with an AQS mark; and
 (d) the package is marked with:
 (i) a measurement or minimum measurement of the article contained in the package; or
 (ii) 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.

Offence requiring fault element—marking on receptacle containing package

 (3) A person commits an offence if:
 (a) the person possesses an article for sale, or offers or exposes it for sale; and
 (b) the article has been packed in advance ready for sale; and
 (c) the package is not marked with an AQS mark; and
 (d) the packed article is contained in a receptacle; and
 (e) either of the following is marked on or near the receptacle:
 (i) a measurement or minimum measurement of the article contained in the package;
 (ii) a representation (including a statement as to price) by which the measurement of the article contained in the package can be worked out; and
 (f) there is a shortfall in the measurement of the article contained in the package.

Penalty: 200 penalty units.

Strict liability offence—marking on receptacle containing package

 (4) A person commits an offence if:
 (a) the person possesses an article for sale, or offers or exposes it for sale; and
 (b) the article has been packed in advance ready for sale; and
 (c) the package is not marked with an AQS mark; and
 (d) the packed article is contained in a receptacle; and
 (e) either of the following is marked on or near the receptacle:
 (i) a measurement