Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_18jp
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 18JP
Character Range: 73551–75866

18JP  Shortfall offence—sale

Offence requiring fault element

 (1) A person commits an offence if:
 (a) the person sells 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) 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) the package is one of a group of packages of the same kind that, at the time of sale, 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 sells 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) 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) the package is one of a group of packages of the same kind that, at the time of sale, 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 liability, see section 6.1 of the Criminal Code.

 (4) Absolute liability applies to paragraphs (1)(e), (1)(f), (2)(e) and (2)(f).

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (5) Section 15.2 (extended geographical jurisdiction—category B) of the Criminal Code applies to offences against subsections (1) and (2).

Division 4—Packed articles not marked with AQS mark

Subdivision 4‑A—Overview of Division