Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18hb:p1
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18HB (pt 1/2)
Character Range: 35622–38182

18HB  Certain articles must be sold by measurement—articles packed in advance ready for sale

Offence requiring fault element—seller

 (1) A person commits an offence if:
 (a) the person sells an article that is packed in advance ready for sale; and
 (b) the packed article is of a class that, by regulation, must be sold by measurement; and
 (c) either:
 (i) the package in which the article is sold is marked with a price that is not determined by measurement; or
 (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.

Penalty: 100 penalty units.

Strict liability offence—seller

 (2) A person commits an offence if:
 (a) the person sells an article that is packed in advance ready for sale; and
 (b) the packed article is of a class that, by regulation, must be sold by measurement; and
 (c) either:
 (i) the package in which the article is sold is marked with a price that is not determined by measurement; or
 (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.

Penalty: 20 penalty units.

Offence requiring fault element—possession, offer or exposure for sale

 (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 article is of a class that, by regulation, must be sold by measurement; and
 (d) either:
 (i) the package in which the article is sold is marked with a price that is not determined by measurement; or
 (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.

Penalty: 100 penalty units.

Strict liability offence—possession, offer or exposure for sale

 (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 article is of a class that, by regulation, must be sold by measurement; and
 (d) either:
 (i) the package in which the article is sold is marked with a price that is not determined by measurement; or
 (ii) there is a marking on or near the receptacle in which the packed article is contained that is marked with a price that is not determined by measurement.

Penalty: 20 penalty units.

 (5) Subsections (2) and (4) are offences of